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• Official way to cite is numerically by title (a number) and by section (§) [do not cite by popular name]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

• 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 LawBeginning 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.

1. Powell is a police officer, performing police function

2. The incident was intentional not accidental

3. Powell violated 4th Amendment to U.S. Constitution—unreasonable arrest

4. Powell beat the suspect

5. Powell’s comments about “going back” and “Americans” suggest racial bias

You Try It

• Exercise 12

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