Statutory Analysis The Parts of a Statute Analyzing Statutory Authority Techniques of Interpretation

Statutory law  When researching a legal problem, where do you begin?  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 statutes which change the common law  2) or create new statutory causes of action which were not available at common law.

The Parts of a Statute  Purpose Sections (modify/codify common law)  Definition Sections  Operative Language Sections  Effective Date

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 Animal Control Act (Handout)

Analyzing Statutory Authority  The next step is to identify the issue in your case relative to the statute.  Does the statute apply on its face?  If so, identify the elements and determine which have been violated/satisfied.

TThe Animal Control Act IIf a dog or other animal, wwithout provocation, ddamages another’s property or iinjuries any person wwho is peaceably conducting himself iin any place where the person may lawfully be,  the owner of the dog or other animal iis liable for the damages oor the injury caused.

 After you identify the elements, identify the legal issue.  What is the legal issue when the statute is applied to the second set of facts?  Whether the Meadows’ dog acted “without provocation” when it bit Missy when Eli was yelling because the dog had started barking.

Outline Your Issue I. Did the Meadows’ dog act “without provocation” when it bit Missy although it was Eli who was yelling because the dog had started barking (and thus are they liable under the statute?) (ISSUE)  A) Set out the Statute (RULE)  B) Roadmap the Elements(APPLICATION) –1) Dog or other animal –2) Without provocation –3) Damages property injures person –4) Peacefully conducting himself –5) Where he may lawfully be  C) Liable under the act (CONCLUSION)

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)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.

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?