Statutes are laws passed by state legislatures (state laws) and by the United States Congress (federal laws). Statutes are one of the primary sources of law in the United States (sometimes referred to as statutory law) and cover a wide variety of legal topics. Courts often rely on statutes to resolve legal disputes (lawsuits) by applying the relevant statutes to the particular set of factual circumstances underlying the dispute.
Courts generally seek the clear and plain meaning of a statute, and if the court finds a statute ambiguous or “ambiguous on its face” (looking only at the words as written) the court may attempt to determine what the legislature intended in enacting the statute—known as legislative intent.
Related statutes are sometimes compiled in groups and referred to as codes—such as the penal code, the family code, or the code of civil procedure. Statutes may be amended (changed) or repealed (eliminated) by the legislature or Congress or declared unconstitutional (and thus unenforceable) by a court.
In West Virginia (WV), as in all states, statutes are laws that have been enacted by the state legislature or the United States Congress. These laws encompass a broad range of legal areas and are a fundamental source of legal authority. When resolving legal disputes, WV courts interpret and apply these statutes to the facts of each case. The courts strive to discern the clear and plain meaning of the statutes. However, if a statute is found to be ambiguous, the courts may look into legislative history and other interpretive aids to ascertain the legislative intent behind the law. Statutes in WV, similar to other jurisdictions, are often organized into codes based on their subject matter, such as the penal code for criminal laws, the family code for matters related to family law, and the code of civil procedure for rules governing civil court proceedings. The state legislature has the power to amend or repeal statutes, and courts have the authority to strike down statutes as unconstitutional, rendering them unenforceable. It's important to note that federal laws apply nationwide and can preempt state laws under the Supremacy Clause of the U.S. Constitution when there is a conflict.