Statues

[Wiliiam L]

If there is a statue on the books does the court have to abide by it?

 

[Jack Mevorach, Esq.]

Spelled "statute".

Good question.

"On the books" means that the legislature passed it and the governor signed it into law. Can a court not abide by it?

Answer is no; however, if a court held that the statute was unconstitutional (under either the state or federal constitution) court could then refuse to abide by it. There are other exceptions.