Define: Within The Statute

Quick Summary of Within The Statute

“Within the statute” typically refers to actions or events that fall within the provisions or limitations set forth by a particular statute or law. In legal contexts, it often implies compliance with statutory requirements or limitations. For example, if a claim is “within the statute of limitations,” it means that the claim has been filed within the timeframe specified by law. Similarly, if an action is “within the statute of frauds,” it means that it meets the requirements outlined in the statute for certain types of contracts to be enforceable. Overall, “within the statute” indicates adherence to the provisions or constraints established by law.

In the U.S. legal system, a person who is charged with violating a statute must have committed actions that are specifically addressed in the law. When a person’s actions comport with the language of the law, the actions are said to be “within the statute.

Troublesome questions arise, however, when a statute is too general or not specific enough in providing information on the proscribed acts. For example, vagrancy laws were used to arrest and detain persons the police believed had or were about to commit crimes. A person could be arrested for having no permanent address or for moving “aimlessly” through the streets. In Papachristou v. Jacksonville, 405 U.S. 156, 92 S. Ct. 839, 31 L. Ed. 2d 110 (1972), however, the U.S. Supreme Court ruled that a Florida vagrancy statute was unconstitutional because it was too vague to be understood. The Court emphasized that a person cannot avoid engaging in criminal conduct, if prior to engaging in it, he cannot determine that the conduct is forbidden by law.

In criminal law, the courts apply the rule of lenity to deal with ambiguities in criminal statutes. The general rule is that an ambiguity in a criminal statute should be resolved in favor of the defendant. Therefore, a court will choose the more lenient interpretation in determining the punishment.

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: 29th March 2024.