form of the statute

This expression means the words, language, or frame of a statute, and hence the inhibition or command which it may contain; used in the phrase (in criminal pleading) "against the form of the statute in that case made and provided." Forms of action. This term is the general designation of the various species or kinds of personal actions known to the common law, such as trover, trespass, debt, assumpsit, etc., and also to the general classification of actions as those in "equity" or "law". These differ in their pleadings and evidence, as well as in the circumstances to which they are respectively applicable. Under Rules of Civil Procedure (applicable in federal and most state courts) there is now only one form of action known as a "civil action," Fed.R.Civ.Proc., Rule 2.
See also forms of action.
Matter of form.
In pleadings, indictments, affidavits, conveyances, etc., matter of form (as distinguished from matter of substance) is all that relates to the mode, form, or style of expressing the facts involved, the choice or arrangement of words, and other such particulars, without affecting the substantial validity or sufficiency of the instrument, or without going to the merits

Black's law dictionary. . 1990.

Look at other dictionaries:

  • conclusion against the form of the statute — In common law pleading, the proper form for the conclusion of an indictment for an offense created by statute was the technical phrase against the form of the statute in such case made and provided ; or, in Latin, contra formam statuti …   Black's law dictionary

  • against the form of the statute — Technical words which must be used in framing an indictment for a breach of the statute prohibiting the act complained of. The Latin phrase is contra formam statuti, q.v …   Black's law dictionary

  • against the form of the statute — A technical expression, the use of which is to be approved, if not declared a necessity, in an indictment founded on a statute which creates the offense charged. 27 Am J1st Indict § 39 …   Ballentine's law dictionary

  • Statute of Frauds — A legal concept that requires certain types of contracts to be executed in writing. The precise form of the Statute of Frauds varies between jurisdictions, but generally requires a writing for the following types of contracts: (1) Contracts for… …   Investment dictionary

  • The Seal of Confession —     The Law of the Seal of Confession     † Catholic Encyclopedia ► The Law of the Seal of Confession     In the Decretum of the Gratian who compiled the edicts of previous councils and the principles of Church law which he published about 1151,… …   Catholic encyclopedia

  • Statute — Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the legislature… …   The Collaborative International Dictionary of English

  • Statute book — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • Statute cap — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • Statute fair — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

  • Statute labor — Statute Stat ute ( [ u]t), n. [F. statut, LL. statutum, from L. statutus, p. p. of statuere to set, station, ordain, fr. status position, station, fr. stare, statum, to stand. See {Stand}, and cf. {Constitute}, {Destitute}.] 1. An act of the… …   The Collaborative International Dictionary of English

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