Chapter 12 Finding and Interpreting Statutory Law

2 Statutory Law o Supercede common law o Annotated Codes – West & Lexis o Published in different ways: o Slip laws o Compilations of new laws o Statutes at large or Session laws o Arranged by chronological order o Unified Codes o Arranged by subject matter o Citation

Citing California Code 3 Citing Codes/Statutes Cal. Bus. & Prof. Code § 6000 (2003). Abbreviation of code cited Section symbol and specific section cited Date of code edition cited

Statutory Interpretation o Get the facts. o Locate a relevant statute. o Analyze the statute. o Determine if it applies to the client’s facts. o Divide the statute into its elements. o Determine the issues raised and develop arguments for each side. o Conclude. 4

Fact Pattern o James went a restaurant with his co-workers after work for a bite to eat and drinks. He had 4 beers along with some appetizers in 2 hours. On his way home, James realized that he may have had a bit too much to drink. He decided to pull over on the side of the road and sleep for awhile in his car. He sat in the passenger seat, reclined it all the way back, and left the car keys in the ignition so he wouldn’t lose them. A police car drove by, saw him sleeping in the car, and detained him. o James was charged with violating CA Vehicle Code § 23152a and has now come to your office seeking legal assistance. 5

Relevant Statute o The basic California DUI law, Vehicle Code 23152a makes it misdemeanor to drive a vehicle when one is "under the influence" of alcohol or drugs or both. VC 23152a literally reads: o "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." 6

Analyze the Statute o For James to be in violation of Cal. Veh. Code § 23152(a), the following must be met: o 1. The defendant drove a vehicle; AND 2. When he drove, the defendant was under the influence of alcoholic beverage or a drug, or under the combined influence of an alcoholic beverage and a drug. o Conclude 7

Legislative History o Why look at legislative history? o What does the legislation mean? o Have to determine intent of legislature o To determine legislative intent, it may be necessary to compile a legislative history of a law. 8

IRAC o Elements of an IRAC Analysis: o Issue o Topic sentence that states the issue in that paragraph. The sentence should be brief and clear and contain only one idea. o Rule o State the rule of law the governs the particular issue in question. Quote the exact statutory language. o Analysis o Explain how the statutory language and policy behind the statute determine the outcome given your client’s specific facts. Note the strengths and weaknesses of your client’s case. o Conclusion o State what you think the result will be. 9