Statutory Law l This is enacted law. Unlike case law, it’s easy to tell whether it is binding: • If it’s a federal law or you’re in the state in which it’s enacted, it’s binding l Statutes are found in state or federal “codes” l Key questions in using statutory law to apply to a particular situation: • 1) Which provisions are applicable? • 2) In what way is the statute applicable? • 3) In what way is the statute inapplicable?

Advanced Legal Analysis and Writing Class 5 Slide 1 Case Law vs. Statutes

Case law Statutes

Decided by courts Passed by legislatures

Can be binding authority or Generally either binding or persuasive authority irrelevant Written specifically Written generally

Is based on the facts of the Is designed to cover many case different scenarios Often can be analyzed Often can be analyzed based on its elements based on its elements

Advanced Legal Analysis and Writing Class 5 Slide 2 The “Plain Meaning” Rule

l Courts presume that words or phrases in statutes have a meaning common to the drafter and reader. l Courts are reluctant to stretch the meaning of a word or phrase beyond its ordinary definition.

Advanced Legal Analysis and Writing Class 5 Slide 3 Factors to Consider in Statutory Interpretation l In interpreting a statute, a court will consider: • Previous decisions based on the same statute (precedent) • Interpretations of other course (persuasive authority) • Legislative history l A statute should always be interpreted in a manner so as not to make it unconstitutional. l In some areas (like speech restriction statutes), a statute may not be interpreted to be overbroad. l A criminal statute that isn’t subject to reasonable interpretation is inherently overbroad and void.

Advanced Legal Analysis and Writing Class 5 Slide 4 Steps in Interpreting the Statute l 1) Examine how the language of the statute supports your position and your opponent’s position l 2) Examine how the policies behind the statute (as determined by legislative history and amendments) of the statute supports your position and your opponent’s position l 3) Examine how the previous interpretation by other courts of the statute supports your position and your opponent’s position l 4) Evaluate the strengths of your opponent’s position and how it can be refuted.

Advanced Legal Analysis and Writing Class 5 Slide 5 Drawing a Strong Conclusion l The strongest conclusion is one which requires little or no extension of existing law. l A conclusion that follows the policies or purposes of the law is usually stronger than a conclusion that goes against them. • The legislative history is particularly strong in this area as it illustrates this trend. l If the law does not require a result, the one that is the most “fair” or just is the strongest will likely win the case.

Advanced Legal Analysis and Writing Class 5 Slide 6