Statutory Analysis The Relationship with Case Law Techniques of Interpretation.

Statutory Analysis

The Relationship with Case LawTechniques of Interpretation

Statutory law

When researching a legal problem,where do you begin if there is no applicable Constitutional provision ?

Remember that state legislatures and other administrative bodies as well as the United States Congress may enact statutes.

The Relationship Between Case Law and Statutes

Courts may…

1) Determine if legislative acts are constitutional or enacted under valid powers

2) and create case law to determine how a statute is to be interpreted or applied.

The Relationship Between Statutes and Case Law

The legislature may…

1) Pass statuteswhich change thecommon law or

2) create new statutory causes of action which were not available at common law.

Statutory Interpretation

Statutory Interpretation

Statutory language may be intentionally vague in order to allow for judicial discretion (i.e. reasonable use)

What do you do when there is no binding case law construing the language of a statute relevant to your problem?

Judges interpret statutes by considering the following:

1) The text itself (plain language);

2) legislative intent;

3) implicated policies;

4) interpretation of any governmental agencies;

5) or opinions of respected commentators.

“Plain Language”

Plain language/meaning is determined by:

ordinary, dictionary language;

by definition sections in a statute;

by technical definitions within a trade or industry;

or other uses of the same word in the statute.

Legislative Intent If the plain language is unclear or if the plain meaning

would lead to absurd or unintended results, courts will consider legislative intent by looking at the legislative history.

In addition to predecessor statutes , Legislative History consists of:

Documents that were produced during the statute’s

legislative history such as – committee reports, – speeches, – witness testimony and – studies introduced into the record.

(State v. Blight revisited)

Canons of Construction

These are also canons or maxims stating customary ways of interpreting statutes. The cannons however, often yield inconclusive results and not often determinative.

1) Ejusdem generis (of the same genus or class) a specific enumeration followed by a general catch-all; words construed to things of the same character.

2) Expressio unis, exclusio alterius (expression of one thing excludes another) if a statute mentions what is within its coverage, that which is not mentioned is excluded.

3) Statutes in pari materia (same subject matter) should be read together. 

4) A penal statute should be strictly construed.

5) Strictly construe statutes in derogation of the common law; liberally construe remedial statutes.

What if the remedial statute is in derogation of the common law?

Analyzing Statutory Authority

Read the Statute

When reading the statute be sure to consider. . .

To whom is it addressed What conduct it prohibits/permits How the parts of the statute relate to each other.

Read the Dog-Bite Act (Handout)

The Parts of a Statute

Purpose Sections(modify/codify common law)

Definition Sections

Operative Language Sections

Effective Date

Analyzing Statutory Authority

The next step is to identify the issuein your case relative to the statute.

Does the statute apply on its face?

If so, identify the elements/analytical categories to determine which have been violated/satisfied.

The Dog Bite Statute

If any dog shall, without provocation, bite or injure any person who is at the time and place where

the person has a legal right to be, the owner of the dog is liable for the damages

to the person bitten or injured.

After you identify the elements, identify the legal issue.

What is the legal issue(s) when the statute is applied to your set of facts?

Under Ala. Code § 3-6-1 whether . . . .

Outline Your Issue

Assuming your issue is whether Mondays is liable as/for… (not the extent of his liability)

Set out § 3-6-1

Explain Buttercup did bite Douglas without provocation while on Mondays’ property. Thus the two remaining issues are whether Mondays was an “owner” and whether Douglas had a “legal right” to be on the property.

I . The court will likely find Mondays was/was not Buttercup’s owner because . . .– Rule sentence giving definition of owner– Case Discussion of HumphriesWill discuss-Counter-argumentsMini-conclusion

II. The court will likely find Douglas was/was not legally on Monday’s property because . . .– Set out § 3-6-2Will discussCounter-argumentsMini-conclusion