Glossary · Sources of Law

Statute vs. Law: What a Statute Is and How It Differs From the Rest of the Law

By Steve Levine · Updated August 13, 2026 · 7 min read

Quick Answer

A statute is a written law formally enacted by a legislature — Congress at the federal level, a state legislature at the state level. Law is the wider word: it covers every rule a court will enforce, including constitutions, agency regulations, court decisions, and city and county ordinances alongside statutes. So every statute is law, but not all law is a statute. The distinction matters in a class action because a claim built on a statute can come with damages the statute sets itself, attorney fees paid by a losing defendant, and a filing deadline written into the text — none of which a purely court-made claim supplies.

What a Statute Is

A statute is a written law formally enacted by a legislature. At the federal level, that means a bill passed by both chambers of Congress and signed by the President, or passed again over a veto. At the state level, it means a bill passed by the state legislature under that state's own procedure and, in most states, signed by the governor.

Two features distinguish a statute from other kinds of law. It is written down in advance, in fixed text a court can read word by word, rather than emerging from decisions over time. And it comes from elected legislators rather than from judges or agency officials. Once enacted, a statute stays in force until the legislature amends or repeals it, or until a court holds it invalid — usually for conflicting with a constitution.

Statute vs. Law: The Difference

In everyday speech the two words are used interchangeably, and that is where the confusion starts. Law is the umbrella term for every rule a court will enforce. A statute is one item under that umbrella. The relationship runs one way: every statute is law, but plenty of law is not statute.

Here are the sources of law a court can apply, and where statutes sit among them:

Constitutions Written by the people through ratification, federal and state. The highest authority — a statute that conflicts with a constitution can be struck down.
Statutes Written by legislatures. Congress writes federal statutes; each state legislature writes its own. This is the layer most people mean when they say "there's a law against that."
Regulations Written by government agencies, using authority a statute delegated to them. They carry the force of law but sit beneath the statute that authorizes them.
Case law Made by courts deciding actual disputes. It both interprets the layers above and, as common law, supplies whole claims of its own.
Ordinances Written by city councils and county boards for local matters. Legislative in nature, but local in reach.
So when a news story says a company broke the law, the rule at issue might be any of these. It could be a statute passed by Congress, a regulation an agency wrote under that statute, or a duty courts developed on their own — such as unjust enrichment, which appears in no statute book at all and is instead a creation of the courts.

Act, Statute, Code: One Law, Three Names

A single federal law usually travels under three different names, which is another common source of confusion.

It starts as a bill and, once enacted, becomes an act with a popular name — the Sherman Act, the Fair Credit Reporting Act, the Class Action Fairness Act. It is then published in the order it was passed, as a numbered public law. Finally it is broken apart and filed by subject into the code, so that everything in force on a given topic sits together. The Sherman Act, the Fair Credit Reporting Act and the Class Action Fairness Act are all statutes; the act name, the public law number and the code citation are three addresses for the same text.

States work the same way. California's Unfair Competition Law is a statute enacted by the California legislature and filed into the California Business and Professions Code, which is why it is usually cited by code section rather than by name.

How to Read a Statute Citation

Statute citations look cryptic but are just addresses. Take one you will see throughout the antitrust cases on this site:

15 The title — the broad subject volume of the code. Title 15 is commerce and trade.
U.S.C. The code — here the United States Code, the subject-organized collection of federal statutes in force. A state citation names that state's code instead.
§ 1 The section — the specific provision. The § symbol means "section"; a doubled §§ means the reference spans a range of them.
Put together, 15 U.S.C. § 1 is title 15, section 1 of the United States Code — the opening operative section of the Sherman Act, the provision that makes agreements in restraint of trade unlawful. When a complaint says a defendant violated 15 U.S.C. § 1, that is the text it is pointing at.

Why Statutes Decide So Much in a Class Action

Whether a claim rests on a statute or on common law changes what a case is worth and how hard it is to run as a class.

Some statutes set the damages themselves, so a plaintiff does not have to prove a dollar figure for each class member. The Telephone Consumer Protection Act sets $500 per violating call or text, and up to $1,500 where a court finds the violation willful. The Video Privacy Protection Act sets liquidated damages of $2,500. Figures like these are why statutory privacy and robocall cases can produce large funds from conduct that cost no individual consumer very much.

Statutes also decide who may sue at all. Many create an express private right of action naming who can bring a case and for what; where a statute does not, private enforcement may be left entirely to a government agency. And many shift attorney fees onto a losing defendant, which is often what makes a small-value consumer case economically possible to bring.

The deadline to sue is a statute too. A statute of limitations is enacted by each state for itself, and the period varies by the type of claim as well as by the state. In a nationwide class action built on state-law claims, that variation is visible on the face of the class definition: the homebuyer antitrust settlement reaches back fifteen years for purchases in Puerto Rico and two years for purchases in Texas, because those jurisdictions' statutes reach back different distances from the day the case was filed.

That same variation is one of the questions a court weighs at class certification. Where the statutes of many states would each have to be applied separately, a defendant will argue those differences overwhelm what the class members have in common — which is why nationwide classes are often organized into state subclasses, or built on a single federal statute instead.

Frequently Asked Questions

What is a statute?

A statute is a written law formally enacted by a legislature. At the federal level that means an act passed by both chambers of Congress and signed by the President, or passed over a veto. At the state level it means an act passed by the state legislature under that state's own procedure. A statute is the finished, written product of that process, and it stays in force until the legislature amends or repeals it or a court holds it invalid.

What is the difference between a law and a statute?

Law is the umbrella term for every rule a court will enforce. A statute is one kind of law — the written kind a legislature passes. The other kinds are constitutions, regulations issued by government agencies, case law made by courts deciding disputes, and ordinances passed by cities and counties. So every statute is law, but not all law is a statute. When someone says there is a law against something, they may be describing a statute, an agency regulation, or a rule a court developed through its decisions.

Is a regulation the same as a statute?

No. A regulation is written by a government agency, not by a legislature, and it exists only because a statute gave that agency authority to write it. Federal regulations are published in the Federal Register and collected in the Code of Federal Regulations. Regulations carry the force of law and can be enforced like one, but they sit below the statute that authorizes them: a regulation that goes beyond what its statute allows can be struck down, while a statute can only be changed by the legislature or invalidated by a court.

What is the difference between a statute and common law?

A statute is written in advance by a legislature. Common law is built by courts over time through the decisions they issue, with each decision guiding the ones that follow. Claims such as negligence, breach of contract and unjust enrichment come from common law rather than from any statute. The two interact constantly: legislatures pass statutes that override or replace common-law rules, and courts interpret statutes and fill the gaps the text leaves open.

What does a citation like 15 U.S.C. § 1 mean?

It is an address for one piece of a federal statute. U.S.C. stands for the United States Code, the subject-organized collection of federal statutes in force. The number before it is the title, or broad subject area, and the number after the section symbol is the specific section. So 15 U.S.C. § 1 is title 15, section 1, which is the first operative section of the Sherman Act. State citations work the same way but name that state's code instead. A doubled section symbol means the reference covers a range of sections rather than one.

Why do statutes matter in a class action?

Because a statutory claim can offer things a common-law claim does not. Some statutes set the damages themselves, so a plaintiff does not have to prove a dollar figure — the Telephone Consumer Protection Act sets $500 per violating call or text and up to $1,500 where a court finds the violation willful, and the Video Privacy Protection Act sets liquidated damages of $2,500. Many statutes also shift attorney fees to a losing defendant, which makes small-value consumer cases economically possible, and many create an express private right of action that says who may sue and for what.

Do statutes of limitations vary from state to state?

Yes. A statute of limitations is itself a statute, so each state sets its own, and the deadline also depends on the type of claim — antitrust, consumer protection, contract and injury claims commonly carry different periods within the same state. That is why a nationwide class action built on state-law claims can reach back further in some states than in others, and why the same purchase date can fall inside the class in one state and outside it in another.



About This Page

General legal-information about statutes and the sources of law, not legal advice. OpenClassActions.com is a consumer news site and is not a law firm. Statutes differ by jurisdiction and are amended over time, and how any statute applies to a particular situation is decided by the controlling court. If you think your rights were affected, consult a qualified attorney in your jurisdiction.


More on the Law Behind Class Actions