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Interpret a Statute Supported with Case Law

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Randall Somer

Junior Member
California, how does one fully interpret a statute with case law etc. in supporting ones argument? Any advice or help will be appreciated.
 


Alias_joe

Member
find the statute (you've done this)
find case law that says what you think the statute says
then find some opposite

see which cases are:
the most current,
have the most support
 
Randall Somer said:
California, how does one fully interpret a statute with case law etc. in supporting ones argument? Any advice or help will be appreciated.
One commits their time to law school for 4 years.
 

Randall Somer

Junior Member
Thanks Joe

Alias_joe said:
find the statute (you've done this)
find case law that says what you think the statute says
then find some opposite

see which cases are:
the most current,
have the most support
Thanks Joe, that really helps.
 

Mars4Dude

Member
How to read statues

How To Read Statutes:

Courts consider it their responsibility to carry out the will of legislature. Courts rarely ignore the dictates of the legislature unless the legislature exceeded its power or constitution.

Rule 1: Read the statute at least 3 times. Then read it again.

Rule 2: Pay close attention to “ands” and “ors”
(A) And: the conditions in all the clauses must be met.
(B) Or: it means that the conditions in at least one of the clauses must be present but not in all.

Rule 3: Assume all words and punctuation in the statute have meaning - If you are unsure about a words, or phrase meaning, look it up “Words and Phrases” Law Dictionary.

Rule 4: Interpret a statute so that it is consistent with all other related statues, if possible.

Rule 5: Interpret criminal statues strictly

Rule 6: Interpret ambiguities in statutes in ways that seem to best further the purpose of the legislation - Much legislation is to protect public from ill or to provide benefits. When ambiguities exist the courts tent to interpret them to protect or benefit rather than the other way around.

Rule 7: Interpret the statute so that it makes sense and does not lead to absurd or improbable results. - When reading a statute, ask if interpretation is grounded in common sense and in a way that the law was intended to work.

Rule 8: Track down all cross-references to other statutes and sections. - Track down every cross-reference and make sure you understand how it relates to the main body. [/B]

There are 2 ways to find out what the courts have had to say about a particular statute:

1. Case notes that accompany the statutes in annotated codes.
2. A series of book called Shepard’s Citations for Statutes - Tells one each time a case has mentioned a particular sttue and provides a reference (citation) to the case.
 
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S

seniorjudge

Guest
The courts also have a rule that says the legislature knows what it is doing when it passes a statute.

This is a highly suspect proposition.
 

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