Legal Analysis - The University of Alabama阿拉巴马大学的法律分析.pptVIP

Statutory Analysis  The Relationship with Case Law Techniques of Interpretation 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. 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 statuteswhich change thecommon law or 2) create new statutory causes of action which were not available at common law. Statutory Interpretation 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) or 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.  (State v. Blight revisited) Canons of Constru