Legal Definitions - against the form of the statute

Against the form of the statute

This legal phrase signifies that an alleged action or conduct violates a specific law (a statute) enacted by a legislative body. When a legal document, such as a criminal indictment, uses this phrase, it means that the behavior described goes against the requirements or prohibitions set forth in a particular written law, thereby constituting a criminal offense. In essence, it declares that the act is illegal because it contradicts an existing statute.

Here are some examples illustrating this concept:

• Example 1: Shoplifting

  Imagine a person is formally accused of taking items from a store without paying. The indictment, which is the formal accusation, would state that the act of shoplifting was committed "against the form of the statute" that specifically defines and prohibits theft within that jurisdiction. This means the alleged theft directly violates the written law against stealing.

• Example 2: Illegal Waste Disposal

  Consider a manufacturing company that is charged with illegally dumping hazardous waste into a local waterway. The legal charges brought against the company or its responsible executives would assert that their actions were "against the form of the statute" governing environmental protection and pollution control. This phrase highlights that their disposal methods directly contravened the specific environmental laws designed to prevent such harm.

• Example 3: Driving Under the Influence (DUI)

  If an individual is arrested and charged with driving under the influence of alcohol, the formal charging document would declare that operating a vehicle while intoxicated was "against the form of the statute" that prohibits impaired driving. This indicates that the driver's conduct directly violated the specific law established to ensure road safety by forbidding driving while impaired.