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 Statutes may be amended (changed) or repealed (eliminated) by the legislature or Congress or declared unconstitutional (and thus unenforceable) by a court.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 Kentucky, as in all states, statutes are laws enacted by the state legislature, which in Kentucky is the General Assembly, consisting of the Kentucky House of Representatives and the Kentucky Senate. These statutes govern a wide array of legal areas, from criminal law to family law, and are essential for the operation of the legal system. Federal laws, on the other hand, are passed by the United States Congress and apply nationwide. When resolving legal disputes, Kentucky courts interpret these statutes by seeking their clear and plain meaning. If a statute is ambiguous, courts may look into legislative intent to ascertain what the General Assembly aimed to achieve when passing the law. Statutes are organized into codes for easier reference, such as the Kentucky Revised Statutes (KRS), which include various codes like the penal code and the civil code. The legislature has the power to amend or repeal statutes, and courts have the authority to declare statutes unconstitutional, rendering them unenforceable. It is the role of an attorney to navigate these statutes and codes to advocate for their clients within the framework of the current law.