Statutory Right
What Is a Statutory Right?
A statutory right refers to a right granted under a federal or state statute. Statutes are laws enacted by a specific legislature or governing body that can be used to resolve a variety of different legal disputes.
Statutory rights are primarily designed to protect citizens and are usually carried out by local law enforcement. Violating any of these rights can lead to legal penalties and prosecution, depending on the related local and federal legislation.
Due to the fact that statutory rights are provided by the local and national governments, they can vary widely from country to country. Within the United States, statutory rights are created by congress.
Keep reading to learn about examples of statutory rights, on what occasions they are enforced, and how they differ from other types of rights.
When do Statutory Rights Apply
Statutory rights are applied when the conditions outlined or addressed by the law materialize. They are also known as civil rights laws, and they protect people from discrimination or unfair treatment in topics such as housing, education, employment, public accommodations, medical issues and receipt of credit.
For example, in the context of contract law, statutes might define the minimum warranties and guarantees of a contract depending on the situation at hand. Employees and employers are protected by statutory rights, which means that employment contracts must abide by these terms.
These statutes also affect how the conditions of a legal document, such as a bill of sale or power of attorney, are treated under a court of law. It’s important that any business or personal agreement meets local and federal statutes to be legally valid and binding.
Some examples of statutory rights are listed below:
- Right to refund: in certain jurisdictions, consumers are given the statutory right to obtain a full refund based on consumer protection laws.
- Right to access documents: data protection laws may permit people or entities to request and access certain documents, records, paperwork, or any other information held by a company or public body about them.
- Employment rights: depending on the state, employees are provided with different statutory rights. These might include the right to a minimum number of vacation days per year of service, or the right to be paid above minimum wage.
Constitutional Right vs. Statutory Right
In the United States, constitutional rights are the civil rights and liberties guaranteed to the citizens by the U.S. constitution. For example, a person’s right to freedom of speech, or the right to vote. Many constitutional rights are outlined in the Bill of Rights, which includes the first 10 Amendments to the Constitution.
On the other hand, a statutory right is a legal right granted to someone under state or federal law. These cannot violate or conflict with constitutional rights, and they must comply with the fundamental requirements of the constitution.
Other examples of constitutional rights include:
- Equal protection under the law
- Freedom of religion
- Freedom of association
- Freedom to petition & assemble
- Right to bear arms
- Right to privacy
Helpful Resources:
Los Angeles Civil Rights Lawyer - What Do Civil Rights Protect?
What Is a Statutory Right?
A statutory right refers to a right granted under a federal or state statute. Statutes are laws enacted by a specific legislature or governing body that can be used to resolve a variety of different legal disputes.
Statutory rights are primarily designed to protect citizens and are usually carried out by local law enforcement. Violating any of these rights can lead to legal penalties and prosecution, depending on the related local and federal legislation.
Due to the fact that statutory rights are provided by the local and national governments, they can vary widely from country to country. Within the United States, statutory rights are created by congress.
Keep reading to learn about examples of statutory rights, on what occasions they are enforced, and how they differ from other types of rights.
When do Statutory Rights Apply
Statutory rights are applied when the conditions outlined or addressed by the law materialize. They are also known as civil rights laws, and they protect people from discrimination or unfair treatment in topics such as housing, education, employment, public accommodations, medical issues and receipt of credit.
For example, in the context of contract law, statutes might define the minimum warranties and guarantees of a contract depending on the situation at hand. Employees and employers are protected by statutory rights, which means that employment contracts must abide by these terms.
These statutes also affect how the conditions of a legal document, such as a bill of sale or power of attorney, are treated under a court of law. It’s important that any business or personal agreement meets local and federal statutes to be legally valid and binding.
Some examples of statutory rights are listed below:
- Right to refund: in certain jurisdictions, consumers are given the statutory right to obtain a full refund based on consumer protection laws.
- Right to access documents: data protection laws may permit people or entities to request and access certain documents, records, paperwork, or any other information held by a company or public body about them.
- Employment rights: depending on the state, employees are provided with different statutory rights. These might include the right to a minimum number of vacation days per year of service, or the right to be paid above minimum wage.
Constitutional Right vs. Statutory Right
In the United States, constitutional rights are the civil rights and liberties guaranteed to the citizens by the U.S. constitution. For example, a person’s right to freedom of speech, or the right to vote. Many constitutional rights are outlined in the Bill of Rights, which includes the first 10 Amendments to the Constitution.
On the other hand, a statutory right is a legal right granted to someone under state or federal law. These cannot violate or conflict with constitutional rights, and they must comply with the fundamental requirements of the constitution.
Other examples of constitutional rights include:
- Equal protection under the law
- Freedom of religion
- Freedom of association
- Freedom to petition & assemble
- Right to bear arms
- Right to privacy
Helpful Resources:
Los Angeles Civil Rights Lawyer - What Do Civil Rights Protect?