1. Statutory Analysis The Relationship with Case Law Techniques of Interpretation

2. 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.

3. 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.

4. The Relationship Between Statutes and Case Law  The legislature may…  1) Pass statutes which change the common law or  2) create new statutory causes of action which were not available at common law.

5. Statutory Interpretation

6.  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?

7. 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.

8. “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.

9. 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)

10. 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?

11. 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)

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

13. 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/analytical categories to determine which have been violated/satisfied.

14. TThe Dog Bite Statute IIf any dog shall, wwithout provocation, bbite or injure aany person who is at the time and place where the person has a legal right to be, tthe owner of the dog iis liable for the damages tto the person bitten or injured.

15.  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....

16. Outline Your Issue Assuming your issue is whether Mondays is liable as/for… (not the extent of his liability)

17.  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 Humphries Will discuss- Counter-arguments Mini-conclusion  II. The court will likely find Douglas was/was not legally on Monday’s property because... –Set out § 3-6-2 Will discuss Counter-arguments Mini-conclusion