Also known as: by statute
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase indicating that a legal rule, right, procedure, or limitation derives from or is supplied by statute. It signals that the governing authority is legislative rather than common-law doctrine. The phrase appears when a statute expressly creates, modifies, or restricts an otherwise applicable legal consequence.
Eclipse Manufacturing defaults on its mortgage held by Eastern Electric. After foreclosure the sale yields less than the debt. Eastern Electric seeks a deficiency judgment, but state law enacted after the loan prohibits such judgments. The court denies the request because the prohibition operates ex statuto.
Elliot Edmonds promises to pay Enzo Eastwood an additional sum to complete a partially performed construction contract. The modification lacks new consideration, yet a statute makes such modifications binding to the extent it provides. The court enforces the promise because the statute supplies the binding force ex statuto.
Select any source to read its text and confirm it supports the definition.
Emerald Enterprises leases an apartment to Emanuel Escobar. A dangerous condition arises after possession that violates a city housing code. The landlord fails to repair. Liability attaches because the code violation supplies the duty ex statuto even though the lease is silent.
Edward Everett is questioned in custody without warnings. Congress later passes a statute purporting to eliminate the warning requirement. The court suppresses the statement because the constitutional rule cannot be altered ex statuto.
Emmett Egan, an unmarried father, attempts to revoke consent given before birth. State adoption statutes require consent at or after a prescribed time and bar pre-birth irrevocable consent. The court rejects the revocation because the timing rule applies ex statuto.
Eduardo Enriquez, a state environmental regulator, attends trial under a statute requiring regulator presence in utility-maintenance cases. The opposing party moves to sequester all non-party witnesses. The court denies the motion as to Enriquez because his attendance is authorized ex statuto.
The phrase identifies that the operative rule, right, or limitation is supplied or modified by statute rather than by judge-made doctrine. When a statute governs, the statutory text controls even if it departs from prior common-law results.
No. When the underlying rule is constitutional, a statute cannot eliminate or alter it. The phrase ex statuto therefore has no effect against constitutional requirements.
No. The phrase is a shorthand label for any situation in which a statute supplies the governing rule, right, or restriction, regardless of whether the statute itself contains the Latin words.
…That doctrine is not novel now advanced. It is true the mandamus now sought is not for performance of an act expressly enjoined by statute but to deliver a commission where the acts of Congress are silent. That difference does not affect the case. The applicant has a vested legal right which the Executive cannot deprive him…