Statutory Construction: An Introductory Part ( Classifications of a Statute) 2 Flashcards
Is one which affects all of the people of the state or all persons or things
of a particular class. It operates equally to all persons in the same category
General Laws
Operate over a particular locality instead of over the whole territory of the
state
Local Laws
Relates to either particular persons or things, or to particular persons or
things of a class or which operates in a portion of a class instead of all classes.
Special Laws
Concern the interest of the public at large. Applies to the entire territory, to
all people;
Public Laws
Concerns and affects particular individual
Private
One which is expressed in the negative terms-terms of prohibition
Negative Statute
One which is expressed in an affirmative term;
Affirmative Statute
Anticipates the regulation of future conduct;
Prospective Statute
Affects acts already committed and operates on transactions completed
Retrospective
If non-compliance therewith renders the proceedings to which it relates
null and void;
Mandatory
One which operation or effectivity is not limited to some particular
term or period, but continues in force until repealed or amended;
Permanent Statute
If non-compliance therewith does not invalidate the proceedings to which it
relates.
Directory
which afford remedy, or improve or facilitate existing remedies for the
enforcement of right and of redress of injuries
Remedial
Which impose punishment for the violation of its provisions;
Penal Statute
Are enacted to cure defects in prior or to validate legal proceedings, instruments, or acts of public authorities which without such statutes would otherwise be void for want of conformity with certain existing legal requirements. They are called
legalizing act;
Curative Statutes
Whose operation or effectivity is limited to a fixed period or term. IT continues in force up to the expiration of said period or term, unless earlier repealed
or amended;
Temporary Statute
Which purports to be independent of existing statutory provision;
Original Statute
which expressly adds to or supplements, or works out an improvement in the original law. Strictly speaking it is an independent statute;
Amendatory Statute
One which revokes or terminates another statute. However, only
when it specifically and exclusively purports to repeal a former statute will the courts
consider it repealing for constitutional purposes;
Repealing Statute
Are those which allow certain acts or omission especially those of injurious of the rights of others;
Permissive Statute