Also known as:applicable statute · applicable statutory provisions · relevant statutes · governing statutes
Written by attorneys · grounded in primary & secondary sources — see below
Statutes that supply the controlling rules for a given legal dispute or transaction.
Sources & Authorities
How it applies
Common Examples
6
Relation Back of Amended Pleading
Alfred Ashford filed a complaint against Argonaut Shipping within the original limitations period. After the period expired he amended the pleading to add a new claim arising from the same shipment transaction. The applicable statute permitted the amendment to relate back to the original filing date.
Minor Lacking Testamentary Capacity
Aaron Adams, age seventeen and unemancipated, executed a document purporting to dispose of his savings account. The applicable statute set the age of majority at eighteen. The instrument was therefore void.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Anita Ali died leaving three surviving children and two deceased children who each left surviving descendants. The applicable statute directed division into equal shares among the nearest generation of surviving descendants and the descendants of the deceased children.
Fee Tail Limited by Statute
Adrian Aguilar conveyed land by deed containing language that would have created a fee tail at common law. The applicable statute converted the estate into a fee simple absolute in the first donee. The grantee therefore held full ownership rights.
Accrual of Cohabitants Agreement Claim
Antonio Alvarado and Atlas Ventures co-founder Anita Ali ended their cohabitation when Antonio moved out. Five months later Anita sold the jointly improved property and kept all proceeds. The applicable statute permitted Antonio to commence his breach claim after termination subject to the contractual limitations period.
Executive Action Subject to Statutory Review
Aaron Adams, a former White House aide, sought damages for an allegedly unlawful dismissal. The applicable statutes and regulations remained available for judicial examination even though the President directed the action. The court therefore reviewed whether the discharge complied with those statutes.
Richard Nixon v. A. Ernest Fitzgerald457 U.S. 731 (1982)
Common questions
Frequently Asked
3
When does an amendment to a pleading relate back under the applicable statute of limitations?+
Relation back occurs when the law supplying the limitations period expressly permits the amendment to date from the original pleading. The rule applies if the amendment asserts a claim arising from the same conduct or occurrence set out in the original pleading.
Supporting sources
How does an applicable statute determine whether a person is a minor for donative transfers?+
The statute fixes the age of majority, usually at eighteen, and treats an unemancipated person below that age as lacking capacity to make a will. A purported will by such a minor is void.
Supporting sources
What distribution method does an applicable statute impose when property passes by representation?+
The statute divides the property into equal shares for each surviving descendant in the nearest generation and for each deceased descendant in that generation who left surviving descendants. Remaining shares then pass to the next generation in the same manner.
Supporting sources
521 U.S. 507 (1997)Property
…by the Federal Constitution), it would be surprising not to find a single state or federal case refusing to enforce a generally applicable statute because of its failure to make accommodation. Yet the dissent cites none—and to my knowledge, and to the knowledge of the academic defenders of the dissent's position, see, e. g., id. , at…