Statutory Law
Legal Analysis
Types of Statutory Law
• Codes
– U.S. Codes
– California Codes
• Rules of Court
• Administrative Regulations
– CFR—Code of Federal Regulations
– California Code of Regulations
• Local Ordinances
Constitutions
• U.S. Constitution
• State Constitutions
• Similar to statutory law in analysis
Statutory Law--Codes
• Law passed by Congress/legislature
• Organized topically into Codes
– U.S. Codes
– California Codes
• General rules without reference to specific
factual dispute
Administrative Regulations
• Rules passed by administrative agencies
under power given by Congress or State
Legislature
– Both Federal (CFR)
– and State (Calif. Code of Regulations--CCR)
Publication of Statutory Law*
• Unannotated
– The law + some notes about history—no case
references
• http://uscode.house.gov/
• http://leginfo.legislature.ca.gov/
• Annotated
– Contains references to case notes
•
* Specific publications discussed later
Publication of Codes
• Unannotated
– The code section
– Limited historical and legislative information
• Annotated
– Case notes or decisions
– Not part of code
Organization of U.S. Codes
• Codes organized topically into “titles”
• Titles each have number and some have a
“popular” name
• Official way to cite is numerically by title (a
number) and by section (§) [do not cite by
popular name]
• Citation also includes abbreviation for
publication
U.S. Code Publications and
Citations
• United States Code
– U.S.C. = United States Code
– U.S.C.A. = United States Code Annotated
– U.S.C.S. = United States Code Service
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•
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Format: Title U.S.C. Section
18 U.S.C. § 242
18 U.S.C.A. § 242
18 U.S.C.A. § 242
Code Section and “Acts”
• Congress often passes laws as “Acts”
(e.g. the Civil Rights Act)
• Therefore, in analyzing a code section, do
not limit yourself to one section
• Section is part of whole act
• Remember that codes are topically
organized and more than one section may
relate or appear to relate
• You must determine if all relate or only appear to
relate
Codes--California
• Codes arranged topically—but each one
has an official name (i.e. Penal, Civil,
Education)
• Each code consists of numerous sections
Code Citations -- California
• No official publication except through
online www.leginfo.ca.gov
• West—popular publisher
• Deering—other publisher
• Pen. Code § 187
• Cal. Pen. Code § 187 (West 2006)
Decoding Statutes
• California Education Code § 48907
• 18 U.S.C. § 242
Decoding Statutes
Index to Annotations
Analysis of statutory,
constitutional and
administrative law
• Use a similar method to analyze all
– Identify elements of the statutory law
– Apply language of law to your facts
– Look for uncertainty, ambiguity etc.
– Verify uncertainties etc with case law/
history/ policy/rules of construction
– Apply law to your factual situation
Analyzing Statutory Law
Beginning Steps
• Identify your issue
• Read carefully
• Outline language
Identify Your Issue
• Before trying to analyze a statute identify
your issue
• Your issue will affect what you look for in
the statute
Section 242. Deprivation of
rights under color of law
•
Whoever, under color of any law, statute, ordinance, regulation, or custom,
willfully subjects any person in any State, Territory, Commonwealth,
Possession, or District to the deprivation of any rights, privileges, or
immunities secured or protected by the Constitution or laws of the United
States, or to different punishments, pains, or penalties, on account of such
person being an alien, or by reason of his color, or race, than are prescribed
for the punishment of citizens, shall be fined under this title or imprisoned
not more than one year, or both; and if bodily injury results from the acts
committed in violation of this section or if such acts include the use,
attempted use, or threatened use of a dangerous weapon, explosives, or
fire, shall be fined under this title or imprisoned not more than ten years, or
both; and if death results from the acts committed in violation of this section
or if such acts include kidnapping or an attempt to kidnap, aggravated
sexual abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or imprisoned for any term of
years or for life, or both, or may be sentenced to death.
For Example
• Consider Ferguson case:
– Could officer be prosecuted under section?
– If convicted would he go to prison?
-- If convicted what is the maximum
punishment?
Understanding Statutory
Language
• Read carefully, slowly and repeatedly
• All words have meaning
• Pay attention to shall, may, and , or
Outlining: Connectors
• To analyze a statute, you must pay close
attention to all “connectors” and qualifiers
such as “and,” “or,” “except,” “unless,” and
“ provided that.” These will tell you if all or
only some of the elements or requirements
must be met before a statute applies to a
set of facts.
Outline Language of Law
• Identify statutory requirements
– Break Statute into its elements
– Before a statute applies to a factual
situations, certain conditions must be met;
these are called the statutory requirements
Example--18 U.S.C. §242
Issue: have police violated 18U.S.C. §242
• . Someone must act under color of law and
• . Act willfully and
• . Deprive another of rights granted under
the Constitution or laws of U.S.
• . Or subject another to different
punishments, pains or penalties, and do
this because of race or color or because of
being an alien
Apply statute to your facts
1. Someone must act under
color of authority
2.The action must be willful
3. Depriving another of civil
rights
4. Imposing different
punishment, penalties
etc.
5. Because of race, etc.
Textbook p. 166
You Try It
• Textbook: chapter 6 Assignments and
Exercises (p. 175—5th ed.)
Let’s go back to section 242
• Can you identify any uncertainties,
ambiguities?
Determining Meaning
• Outline statutory (constitutional) language
• Review Case Law that has Interpreted
Code Provisions
• Watch Your Dates
• Read “case notes” in annotated codes
• Review Other Code Sections
• Codes are a “topical” organization
• Determine Legislative Intent
• Legislative History (Amendments, Congressional
records, etc.)
Determining Meaning cont.
• Look to rules of construction
• Look to public policy
Case Law
• If a case has interpreted a statute that
case must be followed under rules of stare
decisis
• Rule may not apply if statute had been
amended or new statute enacted after
case decided
• Watch Your Dates!!
Case Law cont.
• Case law interpreting similar language in
other statutes
• Is intent of statute the same
• Is it in the same jurisdiction
• Case Law interpreting same law in another
jurisdiction or uniform laws
• persuasive only
Review Other Code Sections
• Many code sections contain definitions
used in following codes
Review Other Code Sections
Construction of statutes and instruments; General rule
In the construction of a statute or instrument, the office of the judge is
simply to ascertain and declare what is in terms or in substance contained
therein, not to insert what has been omitted, or to omit what has been inserted;
and where there are several provisions or particulars, such a construction is,
if possible, to be adopted as will give effect to all.
Cal Code Civ Proc § 1858
Signification of certain words
Words used in this code in the present tense include the future as well as
the present; words used in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural the singular; the word
"person" includes a corporation as well as a natural person; the word "county"
includes "city and county"; and the words "judicial district" include "city and
county"; writing includes printing and typewriting; oath includes affirmation
or declaration; and every mode of oral statement, under oath or affirmation, is
embraced by the term "testify," and every written one in the term "depose";
signature or subscription includes mark, when the person cannot write, his or
her name or her being written near it by a person who writes his or her own name
as a witness; provided, that when a signature is by mark it must, in order that
the same may be acknowledged or may serve as the signature to any sworn
statement, be witnessed by two persons who must subscribe their own names as
witness thereto.
The following words have in this code the signification attached to them in
this section, unless otherwise apparent from the context:
1. The word "property" includes both real and personal property;
2. The words "real property" are coextensive with lands, tenements, and
hereditaments;
3. The words "personal property" include money, goods, chattels, things in
action, and evidences of debt;
4. The word "month" means a calendar month, unless otherwise expressed;
5. The word "will" includes codicil;
6. The word "writ" signifies an order or precept in writing, issued in the
name of the people, or of a court or judicial officer; and the word "process" a
writ or summons issued in the course of judicial proceedings;
. The word "state," when applied to the different parts of the United
States, includes the District of Columbia and the territories; and the words
"United States" may include the district and territories;
8. The word "section" whenever hereinafter employed, refers to a section of
this code, unless some other code or statute is expressly mentioned;
9. The word "affinity" when applied to the marriage relation, signifies the
connection existing in consequence of marriage, between each of the married
persons and the blood relatives of the other;
10. The word "sheriff" shall include "marshal."
Calif. Code Civ. Proc. §17
Determine Legislative Intent
The intention of the Legislature or parties
In the construction of a statute the intention of
the Legislature, and in the construction of the
instrument the intention of the parties, is to be
pursued, if possible; and when a general and [a]
particular provision are inconsistent, the latter is
paramount to the former. So a particular intent
will control a general one that is inconsistent with
it.
General Rules of Construction
• Words to be construed in context of
statute
• Statutes construed in light of harm the
legislature intended to address
• Statutes on same subject to be read
together
• Statutes to be construed to preserve their
constitutionality
Legislative History
• Helps to determine legislative intent
• Record of history of bill
– bill in all of its forms
– committee minutes
– house discussions
Example
• Home solicitation contract or offer means
any contract, whether single or multiple, or
any offer which is subject to approval, for
the sale, lease, or rental of goods or
services or both, made at other than
appropriate trade premises in the amount
of twenty-five dollars or more, including
any interest or service charge. CC 1689.5
Hypothetical Facts
• Jones recently purchased a new apple
computer. When he gets home from work, he
spends about 3 hours in the evening on the
Internet. He recently discovered that Costco
provides internet service at a discounted rate.
On September 15 he received an e-mail offering
to sell him a Kodak digital camera for $500.
• Is this a home solicitation contract?
Elements of Statute
•
•
•
•
Contract or Offer
For sale, lease or rental
Of goods or services
Made at other than appropriate trade
premises
• $25 or more