Also known as: prescribe by law · prescribes by law · prescribing by law · required by law · authorized by statute
Written by attorneys · grounded in primary & secondary sources — see below
A statutory or regulatory requirement or authorization that governs conduct or procedure.
Judge Pierce Patterson received an invitation to speak at a family foundation gala on the same weekend as a mandatory sentencing hearing. He declined the invitation and remained in chambers to prepare. The judicial conduct rule required him to place official duties first because they were prescribed by law.
During a utility negligence trial, environmental regulator Patricia Patel arrived with a notice citing a state oversight statute. The court permitted her to remain in the courtroom throughout the proceedings. The statute's authorization of her presence was prescribed by law and satisfied the exception to witness exclusion.
Select any source to read its text and confirm it supports the definition.
State trooper Pierre Poulin took custody of an injured motorist at a remote crash site. The trooper failed to summon medical help for several hours. Because the trooper was required by law to assume custody, he owed a duty of protection to the motorist.
Pinnacle Holdings was formed decades earlier when state law required a thirty-year corporate life. Its board voted to amend the articles to allow perpetual existence. The statute permitted the board to make this change because the original limit had been prescribed by law.
Paula Pierce held a power of appointment and signed a promissory note directing assets to her creditor, Paragon Construction. The trust instrument required a labeled Appointment Notice that she never used. Because the formalities were prescribed by law, the appointment failed for noncompliance.
Phuong Pham attempted to exercise a power of appointment by signing an informal letter. The donor had required the same formalities the law imposes for transferring similar owned property. Because the letter failed to meet those formalities prescribed by law, the exercise was ineffective.
The phrase covers any positive law that sets requirements or authorizations, including statutes, regulations, and rules of court or conduct. Primary authorities use the term to refer to duties or permissions created by enacted law rather than common-law or equitable principles alone.
Rule 615(a)(4) prohibits exclusion of any person a statute authorizes to be present. The exception applies even if the statute uses permissive language, provided the statute directly addresses attendance in the relevant category of cases.
Model Business Corporation Act § 10.05(a) expressly permits the board to extend corporate duration in that situation. The exception exists because the finite term was imposed by law rather than chosen by shareholders, so the board may remove the obsolete restriction unilaterally.
…is only to be affixed to an instrument which is complete. The commission being signed, the subsequent duty of the Secretary is prescribed by law and not to be guided by the will of the President. He is to affix the seal and to record it; these are ministerial acts imposed by law. Supposing delivery to be necessary to complete the…