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

Statutory Analysis Analyzing Statutory Authority Techniques of Interpretation Statutory law  When researching a legal problem,where do you begin? Legislative bodies (such as U.S. Congress, State Legislatures and administrative bodies) are empowered to enact statutes The Hierarchy of Enacted Law U.S Constitution Federal Statutes and Treaties Federal Executive Orders and Administrative Regulations State Constitutions State Statutes State administrative regulations and municipal enactments Relationship with Case Law The legislature may… 1) Pass statuteswhich change thecommon law. 2) Or create new statutory causes of action which were not available at common law. Relationship with Case Law But the 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 Parts of a Statute Purpose Sections Definition Sections Operative Language Sections Effective Date Modifying and Codifying Be sure to read the title, definition sections, statement of policy or preamble to a statute. They may not only reveal what year the statute took effect but also whether the statute was written to codify or modify the common law. What is the difference? Analyzing Statutory Authority Step One: Read the Statute The first step in statutory analysis is too read the statutecarefully. Read The Animal Control Act(Handout)  To whom it is addressed? What conduct does it prohibit? How the parts of the statute relate to each other? Analyzing Statutory Authority Step Two: The next step is toidentify the issuein your case relativeto the statute. Identifying the Issue(s) A. To do this, first determine whether the statute applies. B. If the statute applies, identify the elements of the statute and whether they were violated.  Does the statute apply to the first set of facts ? The second? The Anim