Chapter 12
Finding and Interpreting Statutory Law
Statutory Law
o Supercede common law
o Annotated Codes – West & Lexis
o Published in different ways:
o Slip laws
o Compilations of new laws
o Statutes at large or Session laws
o Arranged by chronological order
o Unified Codes
o Arranged by subject matter
o Citation
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Citing California Code
• Citing Codes/Statutes
Cal. Bus. & Prof. Code § 6000 (2003).
Abbreviation of code cited
Date of code edition cited
Section symbol and specific section cited
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Statutory Interpretation
o Get the facts.
o Locate a relevant statute.
o Analyze the statute.
o Determine if it applies to the client’s facts.
o Divide the statute into its elements.
o Determine the issues raised and develop
arguments for each side.
o Conclude.
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Fact Pattern
o James went a restaurant with his co-workers
after work for a bite to eat and drinks. He
had 4 beers along with some appetizers in 2
hours. On his way home, James realized
that he may have had a bit too much to
drink. He decided to pull over on the side of
the road and sleep for awhile in his car. He
sat in the passenger seat, reclined it all the
way back, and left the car keys in the
ignition so he wouldn’t lose them. A police
car drove by, saw him sleeping in the car,
and detained him.
o James was charged with violating CA
Vehicle Code § 23152a and has now come
to your office seeking legal assistance.
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Relevant Statute
o The basic California DUI law, Vehicle
Code 23152a makes it misdemeanor
to drive a vehicle when one is "under
the influence" of alcohol or drugs or
both. VC 23152a literally reads:
o "It is unlawful for any person who is
under the influence of any alcoholic
beverage or drug, or under the
combined influence of any alcoholic
beverage and drug, to drive a
vehicle."
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Analyze the Statute
o For James to be in violation of Cal.
Veh. Code § 23152(a), the following
must be met:
o 1. The defendant drove a vehicle;
AND
2. When he drove, the defendant was
under the influence of alcoholic
beverage or a drug, or under the
combined influence of an alcoholic
beverage and a drug.
o Conclude
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Legislative History
o Why look at legislative history?
o What does the legislation mean?
o Have to determine intent of legislature
o To determine legislative intent, it may be
necessary to compile a legislative history
of a law.
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IRAC
o Elements of an IRAC Analysis:
o Issue
o Topic sentence that states the issue in that
paragraph. The sentence should be brief and
clear and contain only one idea.
o Rule
o State the rule of law the governs the particular
issue in question. Quote the exact statutory
language.
o Analysis
o Explain how the statutory language and policy
behind the statute determine the outcome given
your client’s specific facts. Note the strengths
and weaknesses of your client’s case.
o Conclusion
o State what you think the result will be.
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