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Simple English definitions for legal terms
codifying statute
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A quick definition of codifying statute:
A codifying statute is a law that tries to explain all the rules on a particular topic, including previous court decisions and laws made by the government. When a codifying statute is made, it is assumed that it replaces any previous court decisions. This type of law is different from a consolidating statute, which just collects all the laws on a topic and puts them in one place.A more thorough explanation:
Definition: A codifying statute is a law that aims to comprehensively restate the entire body of law on a particular topic, including previous case law and legislative provisions. Courts generally assume that a codifying statute supersedes prior case law.
Example: The Uniform Commercial Code (UCC) is an example of a codifying statute. It aims to unify the laws governing commercial transactions across all states in the US. The UCC includes provisions on sales, leases, negotiable instruments, and secured transactions, among others. By codifying these laws, the UCC provides a uniform set of rules that businesses can follow, regardless of the state they operate in.
Explanation: The UCC is an example of a codifying statute because it aims to comprehensively restate the entire body of law on commercial transactions. It includes provisions on various topics related to commercial transactions, such as sales, leases, and secured transactions. By codifying these laws, the UCC provides a uniform set of rules that businesses can follow, regardless of the state they operate in. Courts generally assume that the UCC supersedes prior case law on commercial transactions.