Understanding Contra Formam Statuti: Legal Definition and Impact
Definition & Meaning
Contra Formam Statuti is a legal term that translates to "contrary to the form of the statute." It refers to situations where one law prohibits an action while another law prescribes a penalty for that action. In legal proceedings, when seeking a penalty, the claim must conclude with the phrase contra formam statutorum, indicating that the alleged conduct violates the cited statute and constitutes a criminal offense. This phrase is often included in formal documents like indictments and informations, emphasizing that the actions in question are against the established legal framework.
Legal Use & context
This term is primarily used in criminal law, particularly in the context of indictments and legal actions seeking penalties for violations of statutes. It serves to formally indicate that the conduct being addressed is in violation of the law. Users may encounter this term when dealing with legal documents related to criminal charges or when filing actions that involve statutory violations. With the right tools, such as US Legal Forms templates, individuals can manage these legal processes themselves.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person is charged with theft. The statute clearly prohibits theft, and there is a specified penalty for it. The indictment concludes with the phrase contra formam statutorum, indicating the charge is based on a violation of the theft statute.
Example 2: A business fails to comply with health regulations. If a statute prohibits such non-compliance and outlines penalties, a legal action may be filed against the business, concluding with the same phrase to highlight the statutory breach. (hypothetical example)