Define: Preceptive Statute

Preceptive Statute
Preceptive Statute
Quick Summary of Preceptive Statute

A preceptive statute is a law created by a government or court that provides explicit instructions on actions that individuals must or must not take. It is a comprehensive and precise rule that applies to everyone. Unlike other laws that may only permit or prohibit certain behaviours, preceptive statutes are akin to universally applicable rules that are enforceable by the government.

Full Definition Of Preceptive Statute

A preceptive statute is a comprehensive law that is prescriptive, general, definite, and complete. It resembles a rule and offers specific guidance on required actions. For instance, a preceptive statute may mandate that all businesses in a particular industry must obtain a licence before commencing operations. This law is prescriptive as it outlines a specific requirement that must be adhered to. It is also general as it applies to all businesses within the industry, rather than a limited few. Furthermore, it is definite and complete as it provides explicit instructions on the necessary course of action. Another example of a preceptive statute is a law that mandates all drivers to wear seat belts while operating a vehicle. This law is prescriptive as it specifies a particular action that must be taken. It is also general as it applies to all drivers, not just a select few. Additionally, it is definite and complete as it offers clear instructions on what must be done.

Preceptive Statute FAQ'S

A preceptive statute is a type of law that sets forth specific rules or commands that individuals must follow. It provides clear instructions on how to behave or act in certain situations.

Unlike other types of laws that may provide general principles or guidelines, a preceptive statute is more specific and prescriptive in nature. It leaves little room for interpretation or discretion.

Examples of preceptive statutes include traffic laws that specify speed limits, rules for right-of-way, and requirements for using turn signals. Building codes that outline specific construction standards and safety regulations are also considered preceptive statutes.

Yes, preceptive statutes are enforceable by law enforcement agencies and can result in penalties or fines if violated. They are designed to ensure compliance and maintain order in society.

Yes, preceptive statutes can be challenged in court if there is a belief that they are unconstitutional or violate other legal rights. However, the burden of proof lies with the party challenging the statute.

Yes, preceptive statutes can be modified or repealed through the legislative process. Lawmakers have the authority to amend or remove preceptive statutes if they deem it necessary or appropriate.

Ignorance of a preceptive statute is generally not a valid defence. Even if someone violates a preceptive statute unknowingly, they may still be held liable for their actions. It is important for individuals to familiarize themselves with applicable laws.

No, preceptive statutes can vary from jurisdiction to jurisdiction. Different states, countries, or regions may have their own specific preceptive statutes that apply within their boundaries.

In some cases, preceptive statutes can be overridden by other laws. For example, if a higher-level law conflicts with a preceptive statute, the higher-level law may take precedence.

To stay updated on changes to preceptive statutes, it is advisable to regularly consult legal resources such as official government websites, legal publications, or consult with a legal professional who specializes in the relevant area of law.

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Disclaimer

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: 16th April 2024.

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