Copyright 2004, Don L Carper HRP & Associates 1 OBE LEGAL ENVIRONMENT OF BUSINESS Judicial Decision Making & Statutory Interpretation Dr. Donald L. Carper

Copyright 2004, Don L Carper HRP & Associates 2 Attributes of court decisions  Decide existing disputes providing resolution for those in conflict.  Decision provides a guide to others in the resolution of their similar disputes

Copyright 2004, Don L Carper HRP & Associates 3 Methodology  Fact finding (trial)  Application of law (argument and advocacy)  Review for correctness (appellate review)  Finality (res judicata)  Usefulness to other disputes (stare decisis or precedent and jurisdiction)

Copyright 2004, Don L Carper HRP & Associates 4 Stare Decisis: To stand by decided cases. Application of doctrine in typical situations  Variables to consider when applying rule. Jurisdiction issues Identity or similarity of facts Currency  Change in cultural values  Change in scientific knowledge  New science

Copyright 2004, Don L Carper HRP & Associates 5 EXAMPLES OF RULE APPLICATION  Identical facts in an appropriate jurisdiction. Apply precedent OR Overrule case (far less likely)  Similar facts in an appropriate jurisdiction. Apply precedent by analogy OR Distinguish and limit precedent.

Copyright 2004, Don L Carper HRP & Associates 6 EXAMPLES OF RULE APPLICATION  Dissimilar facts Case does not apply OR Policy or principal applies to new situation. (Establishes new doctrine).  Jurisdiction that is not mandatory Persuasive OR Unpersuasive.

Copyright 2004, Don L Carper HRP & Associates 7 Additional stare decisis questions  Usable cases Must be a permanent record of the case  Interaction of sister states and federal government Relation of state court to federal courts Relation of courts in different state Relation of courts in same state  lower level  higher level  same level

Copyright 2004, Don L Carper HRP & Associates 8 Additional stare decisis questions  Finality When does it stop? Res judicata Enforcement. Full faith and credit of final judgments  Relationship of case law to other types of law Constitutional law (Judicial review) Statutory law (Interpretation) Administrative law  Judicial review and interpretation

Copyright 2004, Don L Carper HRP & Associates 9 Statutory Interpretation  Sometimes wording is vague, either by oversight, or intentional -- as a compromise. Sometimes wording is ambiguous usually unintentionally.

Copyright 2004, Don L Carper HRP & Associates 10 Statutory Interpretation  New laws must be interpreted by the courts.  Generally a hierarchy of methods are used.

Copyright 2004, Don L Carper HRP & Associates 11 Methods of Statutory Interpretation  Plain Meaning Rule -- the courts must use the common sense definition of words.

Copyright 2004, Don L Carper HRP & Associates 12 Methods of Statutory Interpretation  Legislative History and Intent -- sometimes the court can look to the reasons behind the law to determine the legislators’ intent.

Copyright 2004, Don L Carper HRP & Associates 13 Methods of Statutory Interpretation  Public Policy -- the courts will use social policies, such as reducing crime or providing education to interpret a law.

Copyright 2004, Don L Carper HRP & Associates 14 Statutory Interpretation  Once the law (statute) has been applied by the courts, its interpretation becomes a precedent to be used in future court cases.

Copyright 2004, Don L Carper HRP & Associates 15 Policy Question  How does one change case law?  How does one change statutory law?

Copyright 2004, Don L Carper HRP & Associates 16 EXAMPLE  A person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U.S.C. § 924(c)(1).

Copyright 2004, Don L Carper HRP & Associates 17 EXAMPLE  A person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U.S.C. § 924(c)(1).  Police officers found a handgun locked in the glove compartment of petitioner Muscarello's truck, which he was using to transport marijuana for sale.

Copyright 2004, Don L Carper HRP & Associates 18 EXAMPLE  A person who "uses or carries a firearm" "during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U.S.C. § 924(c)(1).  Police officers found a handgun locked in the glove compartment of petitioner Muscarello's truck, which he was using to transport marijuana for sale.  Is Muscarello subject to the mandatory sentence, if found guilty of drug trafficking?

Copyright 2004, Don L Carper HRP & Associates 19 EXAMPLE  Held: The phrase "carries a firearm" applies to a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.  Muscarello v. U.S., __ U.S. __, 118 S.Ct. 1911(1998) Muscarello v. U.S., __ U.S. __, 118 S.Ct. 1911(1998)

Copyright 2004, Don L Carper HRP & Associates 20 Drafting Challenges  Ambiguity exists when words can be interpreted in more than one way. For example, is a "light truck" light in weight or light in color?  Vagueness exists when there is doubt about where a word's boundaries are. If a law applies to the blind, who exactly is blind? What degree of impairment counts?  Over-generality exists when the term chosen covers more than it should.  If a law applies to "communicable diseases," is it really meant to cover the common cold?  Legislatures sometimes choose to be vague or general and to let administrative agencies supply the specifics.  Drafters rarely choose to be ambiguous.

Copyright 2004, Don L Carper HRP & Associates 21  Burglary  Breaking and entering into the dwelling house of another in the night time with the intent to commit a felony therein

Copyright 2004, Don L Carper HRP & Associates 22  "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, when the doors are thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary " (Cal Pen Code 459).