Nonstatutory refers to something that cannot be enforced by a government-passed law, but may be enforced by other legal regulations such as tradition or court decisions. In the context of patents, an invention may be deemed nonstatutory if it fails to meet specific criteria, such as novelty or utility. Additionally, nonstatutory can describe a defence strategy employed in patent infringement cases, where a claim may be barred due to a delay in filing.
Nonstatutory refers to something that is not enforceable by enacted law, but rather by other legal principles like precedent or trade custom. In relation to patents, it pertains to inventions that fail to meet specific statutory criteria, such as novelty, utility, nonobviousness, or enabling description. It can also apply to equitable defences against infringement claims, such as estoppel, inequitable conduct, or laches. For instance, a company may have a nonstatutory policy of allowing employees to work from home on Fridays. Similarly, a patent application may be rejected as nonstatutory if it does not satisfy the requirements for novelty or nonobviousness. In a patent infringement case, the defendant may employ a nonstatutory defence like laches, arguing that the plaintiff delayed too long in bringing the claim. These examples demonstrate how nonstatutory can encompass legal concepts that are not explicitly codified but still hold enforceability in certain contexts. In the realm of patents, nonstatutory requirements are utilised to determine the eligibility of an invention for patent protection. Likewise, in the realm of equitable defences, nonstatutory concepts such as laches can be utilised to counter a patent infringement claim.
A nonstatutory law is a legal principle or rule that is not created by a statute or written law.
Examples of nonstatutory laws include common law, case law, and administrative regulations.
Nonstatutory law is created through judicial decisions, administrative agency rulings, and other legal precedents.
Statutory law is created by legislative bodies, while nonstatutory law is created through judicial decisions, administrative agency rulings, and other legal precedents.
Yes, nonstatutory law can be changed or repealed through subsequent judicial decisions, administrative agency rulings, or legislative action.
Nonstatutory law can be used as precedent in legal cases, and can help to shape the outcome of a case.
Courts play a significant role in creating nonstatutory law through their decisions and interpretations of legal principles.
Administrative agencies create nonstatutory law through their rulemaking and enforcement activities.
Yes, nonstatutory law can be challenged in court through legal challenges or appeals.
Nonstatutory law impacts everyday life by shaping legal principles and rules that govern various aspects of society, such as employment, healthcare, and consumer protection.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/nonstatutory/
- Modern Language Association (MLA):Nonstatutory. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/nonstatutory/.
- Chicago Manual of Style (CMS):Nonstatutory. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/nonstatutory/ (accessed: May 09 2024).
- American Psychological Association (APA):Nonstatutory. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/nonstatutory/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts