Statutory — in plain language

Plain language

relating to a written law passed by a legislature, as opposed to rules made by courts or agreed to by contract

• set by a legislature
• written into law
• required by statute
• created by lawmakers

What to watch for

• 'Statutory' does not simply mean 'mandatory' or 'required.' It means specifically that a legislature enacted the rule; some statutory provisions are permissive rather than mandatory.
• Non-lawyers often confuse 'statutory' with 'regulatory.' Statutory rules come from a legislature passing a bill into law; regulatory rules come from an executive agency exercising delegated authority.
• 'Statutory' is not the same as 'constitutional.' Constitutional rights trace to the U.S. Constitution and cannot be overridden by a legislature; statutory rights can be amended or repealed.
• The phrase 'statutory rape' leads some readers to think 'statutory' signals criminality. In that context it means only that the crime is defined entirely by statute, not that the word itself connotes wrongdoing.

Distinguishing from "Regulatory" and "Common Law". All three terms — "statutory," "regulatory," and "common law" — describe sources of legal rules, but they do not overlap. Statutory rules come from a legislature (Congress, a state assembly, a city council) passing a bill that becomes enacted law. Regulatory rules come from an executive agency (like the EPA or OSHA) applying authority that a legislature has already delegated. Common-law rules come from courts through past decisions. Plain-language translations should make the source of the rule clear: "a law passed by Congress" for statutory, "an agency rule" for regulatory, and "a rule from prior court decisions" for common law.

Context-Dependent Meaning. The word "statutory" modifies the noun that follows it and takes its practical meaning from context. "Statutory damages" means a dollar amount the legislature fixed in advance; the winner does not have to prove actual loss. "Statutory deadline" or "statutory period" refers to a time limit set by a legislature, typically a statute of limitations. "Statutory right" signals that the entitlement exists because a legislature created it — and therefore cannot be bargained away by contract unless the statute itself allows waiver. Translators should confirm which type of statutory provision is at issue before substituting a plain-English phrase.

Common Misunderstandings by Non-Lawyers.

• "'Statutory' means the same thing as 'mandatory.'" (No — it means the rule comes from a statute. Many statutory provisions give people options or create permissions rather than imposing requirements.)
• "'Statutory' and 'legal' are interchangeable." (No — "legal" means permitted by law generally; "statutory" specifically points to a written legislative enactment as the source.)
• "If a right is statutory, a company can opt out of it by putting a clause in a contract." (No — statutory rights generally override contrary contract terms unless the statute itself permits waiver.)

Legal definition

"Statutory" describes anything that is created, defined, authorized, or required by a statute — a written law passed by a legislature such as Congress or a state assembly. It is used to distinguish legislative enactments from other sources of legal obligation, particularly the common law (rules developed by courts through accumulated decisions) and constitutional provisions. When a right, duty, penalty, period, or rate is described as "statutory," it means the legislature — not a court, a contract, or an executive agency — established it. Because statutes can be enacted, amended, or repealed by a majority vote, statutory rules can change far more quickly than common-law principles, which evolve slowly through judicial decisions. The word appears across virtually every area of U.S. law, from the federal minimum wage and copyright damages to the time limits for filing a lawsuit.

Examples

Where you'll see it

• statutory damages in copyright and consumer-protection cases
• statutory deadlines and limitations periods for filing claims
• statutory rights in employment law that cannot be waived by contract
• statutory penalties imposed by tax or regulatory law
• statutory authority granted to an administrative agency

Related terms

• statute
• common law
• de jure
• ex lege
• parliamentary
• regulatory

Word details

Pronunciation

STACH-uh-tor-ee

Part of speech

adjective

Origin

Latin — from 'statutum' — a thing set up or established, from 'statuere,' to set up

Domains

civil procedure, contract law, criminal law, administrative law

Frequency

very common

Formality

moderate