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 Statutes may be amended (changed) or repealed (eliminated) by the legislature or Congress or declared unconstitutional (and thus unenforceable) by a court.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 enacted by the state legislature. These laws, along with federal laws passed by the United States Congress, form a significant part of the legal framework within which courts operate. When resolving legal disputes, WV courts interpret and apply these statutes to the facts of each case. The primary goal of the courts is to ascertain the clear and plain meaning of the statutory language. However, if a statute is deemed ambiguous, courts may look into legislative history and intent to interpret the law. WV has various codes that compile related statutes, such as the West Virginia Code, which includes titles on different legal subjects like criminal, family, and civil procedure law. Statutes can be updated or repealed by the legislature, and they are subject to judicial review. If a court finds a statute unconstitutional, it cannot be applied or enforced.