STATUTORY LAW

By: Judith Pollock Ciampi

5 Steps Used to Identify and Resolve Legal Disputes

1. 2. 3.

4.
5.

Locate and analyze the facts Identify the appropriate legal rules Apply the legal rules to the facts Report the results Take action on behalf of the client

Our focus
Today we will focus on numbers 2 and 3: 2. Identifying the appropriate legal rules 3. Applying the legal rules to the facts

RESEARCH: Identifying the appropriate legal rules

Enacted Law Statutes Constitutions Administrative Rules and Regulations Common Law Cases

Begin your legal analysis

You usually begin your legal research with the search for a relevant statute. Why? 1. Statutes supersede common law 2. Annotated statutes will refer you to cases, administrative regs, and secondary authority

Statutes
If your client is arrested and charged with murder, you would look for the murder statute (federal or state). If your client wants to sue his landlord for negligence, you would look for the negligence statute in your state.

Locating Statutes

First decide if you are looking for a state or federal statute.

Federal: United States Code (USC) or United States Code Annotated (USCA) State: Massachusetts General Laws (MGL) or Massachusetts General Laws Annotated (MGLA) New Hampshire Revised Statutes Annotated (RSA)

Locating a statute
1.

2.

3.

If the statute you are looking for has a popular name such as Americans with Disabilities Act or Dram Shop Act, you can look up that name in the Popular Names Table or the index volumes. If you have a citation, for instance, Mass. Gen Laws Ann. ch. 53, 2 (1993), you can locate the statute by chapter and section number in the appropriate code volume. If you have a topic, like murder or negligence, you can search for that topic using the statutes index.

Annotated Codes
Annotated Codes are published by private companies and include research information that is not available in the regular codes. This information includes cases and secondary authority.

Forms of Statutes
1. Individual Slip Laws 2. Session Laws 3. Code

Creating Statutes
Who creates statutes? Statutes include general rules that apply to a variety of future factual situations Thinking of all the future scenarios is difficult, therefore statutes are sometimes ambiguous.

Example of Ambiguous Statute

It shall be unlawful to operate any vehicle on town park paths.

What is the consequence or punishment?

What elements have to be proven?

Apply fact situations

1. 2.

3. 4.

For a lark, two teenagers drove a Jeep Cherokee down one of the park paths. Once a week a garbage collector backs his truck approximately six feet down one of the park paths to pick up garbage from one of the trash receptacles. A child pushed her dolls baby carriage along a park path. An ambulance drove down one of the park paths to pick up a man who had collapsed in the middle of the park.

Problems with Statutory Interpretation

What does the word vehicle mean? Language can be slippery Ambiguities often do not arise until statute is applied to actual facts Sloppy draftsmanship Unanticipated circumstances Drafters purposely write ambiguous statutes to provide basis for compromise.

Example of Statutory Interpretation

Town ordinance:
It is unlawful for anyone, other than a police officer, to carry a dangerous weapon.

Analyze the Statute

1. 2. 3.

4.

5.

Does the statute apply to your client? Look at the language. Look at the facts. Look at the effective date of the statute. Make sure the statute has not been superseded.

Break the statute into its elements

An element is a separable part of the statute that must be satisfied for the statute to apply or a precondition of the application of the statute.

Elements
It is unlawful for anyone, other than a police officer, to carry a dangerous weapon. Consequence: It is unlawful Elements: 1. Anyone who is not a police officer 2. to carry 3. a dangerous weapon

Determining Issues and Developing Arguments for Each Side

Look for ambiguities. Did Mary carry the hammer? Is a hammer a dangerous weapon? These ambiguities create an issue. An issue is a question that arises when a law is applied to a clients facts and the result is not obvious.

To resolve issues
Element Arguments for Mary Arguments of Prosecuting Attorney Fact established Includes picking up and other movements Includes anything that can be used as a weapon. The purpose is to protect.

not a police officer

Fact established

carry

Must actually walk with item Tool is not a weapon

dangerous weapon

Resolving issues cont.

Think creatively, develop arguments, turn to court opinions and legislative history, definitional section of statute, purpose and scope section of statute for guidance. What was the legislature trying to accomplish with the statute? Dont worry about the right answers, look for all POSSIBLE ARGUMENTS.

Conclude

Decide the question as a whole. Mary: Would she be convicted or not? Often no right answer. Legal reasoning Developing sound arguments in support of your conclusions.

Summary
1.

2.
3.
1. 2. 3.

Find facts of clients case Research the lawfind the statute Analyze the statutory language
Is there a statute? Break the statute into its elements and note ambiguities. State issues raised by applying the law to the facts. Ask: Are there two arguments? Think: Why did legislature enact the statute? Can the ambiguity be resolved?

Conclude-

given the statutory language and likely purpose, conclude as to the statutes effect on your client.

Examples
The Case of the Book Battery on pages 324-327 of your textbook.