Legal Definitions - contra formam statuti

Contra formam statuti is a Latin legal phrase that translates to "contrary to the form of the statute."

This term was historically used in legal complaints and indictments to assert that a defendant's actions violated a specific law or statute. Essentially, it meant that the conduct in question did not conform to the requirements, prohibitions, or procedures outlined in a legislative act. While the phrase itself is less common in modern legal drafting, the underlying principle—that an action is unlawful because it goes against what a statute prescribes—remains a fundamental concept in statutory interpretation and enforcement.

Here are some examples to illustrate this concept:

• Example 1: Operating Without a Required License
  Imagine a new construction company begins building homes in a municipality without first obtaining the mandatory building permits and licenses, which are explicitly required by local ordinances (a type of statute) before any construction can commence. The company proceeds with construction regardless.

  This situation would be considered contra formam statuti because the company's actions are directly contrary to the established legal requirements set forth in the city's statutes for undertaking construction projects. The "form of the statute" dictates that permits must be acquired first, and the company has ignored this prescribed procedure.

• Example 2: Exceeding Environmental Discharge Limits
  Consider a factory that releases industrial wastewater into a nearby river. A state environmental protection act (a statute) clearly specifies maximum permissible levels for certain pollutants in discharged water to protect aquatic ecosystems. The factory's routine testing reveals that its wastewater consistently exceeds these statutory limits.

  The factory's discharge is contra formam statuti because it violates the specific limits and conditions stipulated in the state statute designed to protect water quality. The statute sets a "form" or standard for discharge, and the factory's actions are contrary to that prescribed form.

• Example 3: Violating Public Gathering Restrictions
  During a public health crisis, a state legislature passes a statute prohibiting gatherings of more than ten people in public spaces to prevent the spread of disease. Despite this, a group organizes and holds a large public event with hundreds of attendees.

  The act of holding the large public event is contra formam statuti because it directly contravenes the "form" or rule established by the state statute, which explicitly forbids gatherings exceeding a specific number of individuals for public health reasons.