Also known as:act of assembly · acts of the assembly · legislative acts · statutes
Written by attorneys · grounded in primary & secondary sources — see below
Statutory enactments passed by a legislative assembly during a session. These enactments carry the force of law within the enacting jurisdiction.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Foreclosure Notice Requirements
A mortgagee initiates foreclosure against a defaulting mortgagor and must join junior lienholders as necessary parties under the governing statute. The court requires proper notice to all parties with recorded interests before confirming the sale and extinguishing subordinate liens.
Tenancy at Will Termination
A landlord and tenant enter an arrangement terminable at the will of either party. The statute requires thirty days' written notice before either may end the tenancy, and the landlord serves notice to regain possession after the tenant refuses to vacate.
A plaintiff files a diversity action in federal court asserting a state-law claim that would be time-barred under the forum state's statute of limitations. The court applies the state limitations period and tolling rules because they are substantive for Erie purposes.
Secured Party Disposition
A secured party conducts a commercially reasonable disposition of collateral after default. The sale discharges all subordinate security interests in the collateral, leaving the transferee with clear title free of those junior liens.
Adoption Consent Timing
A birth mother signs a consent form two weeks after delivery in compliance with the statutory waiting period. The court refuses to accept an earlier pre-birth consent and requires written notarized consent given only after the prescribed date before entering the adoption decree.
Tort Survival After Death
A plaintiff injured by the defendant's negligence dies before trial. The survival statute permits the estate to recover only for harms suffered before death and bars any claim for punitive damages against the deceased tortfeasor.
Common questions
Frequently Asked
3
What distinguishes acts of assembly from other forms of law?+
Acts of assembly are statutes enacted by a legislative body during a session and carry the full force of positive law within the jurisdiction.
Supporting sources
How do recording acts interact with acts of assembly?+
Recording acts enacted by the legislature establish priority rules among competing claimants to real property based on the timing and manner of recording deeds and liens.
Supporting sources
Can an act of assembly create a tenancy at will?+
Yes. A statute may authorize a landlord-tenant relationship terminable at the will of either party, subject to any required notice period prescribed by the same or related legislation.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and unlimited government is abolished. Either the Constitution is superior and paramount or it is on a level with ordinary legislative acts. If the former, then a legislative act contrary to the Constitution is not law. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEIntermediate