Statutes are laws passed by state legislatures (state laws) and by the United States Congress (federal laws). Statutes are one of the primary sources of law in the United States (sometimes referred to as statutory law) and cover a wide variety of legal topics. Courts often rely on statutes to resolve legal disputes (lawsuits) by applying the relevant statutes to the particular set of factual circumstances underlying the dispute.
Courts generally seek the clear and plain meaning of a statute, and if the court finds a statute ambiguous or “ambiguous on its face” (looking only at the words as written) the court may attempt to determine what the legislature intended in enacting the statute—known as legislative intent.
Related statutes are sometimes compiled in groups and referred to as codes—such as the penal code, the family code, or the code of civil procedure. Statutes may be amended (changed) or repealed (eliminated) by the legislature or Congress or declared unconstitutional (and thus unenforceable) by a court.
In Delaware, as in other states, statutes are laws enacted by the state legislature and are a fundamental source of legal authority alongside federal laws passed by the United States Congress. These statutes encompass a broad range of legal areas and are essential for resolving legal disputes in courts. Delaware courts interpret statutes by seeking their clear and plain meaning. However, when a statute is ambiguous, courts may look into legislative intent to understand what the state legislature aimed to achieve when passing the law. Delaware has organized its statutes into various codes, such as the Delaware Code, which includes titles like the Penal Code, the Family Code, and the Code of Civil Procedure, among others. These codes facilitate legal research and application. Statutes can be updated or modified through legislative amendments and can also be repealed. Additionally, if a statute is found to be in conflict with the U.S. Constitution or the Delaware Constitution, it can be declared unconstitutional by the judiciary and thus rendered unenforceable.