lawyer how to read statute

Here are some rules to use when interpreting a statute:

• Read the statute three times and then read it again.
• Pay close attention to all the "ands" and "ors." The use of "and" to end a series means that all elements of the series...
• Assume all words and punctuation in the statute have meaning. For example, if a statute says you "may" do something,...

Full Answer

How do you interpret a statute?

a given statute: 1. Read the statute. The primary language of the statute should always serve as the starting point for any inquiry into its meaning.2 To properly understand and interpret a statute, you must read the text closely, keeping in mind that your initial

How do courts really interpret statutes?

Dec 07, 2021 · Reading a Statutory Citation. Unlike case law which is made by judges in specific court cases, statutory law is made by the federal and state legislative branches of the government. Statutory law is published in codes. The United States Code contains statutes that have been passed by Congress. In addition, every state publishes its own ...

How to properly cite a statute?

May 27, 2016 · United States Code (unannotated) Published by the Office of the Law Revision Counsel of the U.S. House of Representatives.Titles reenacted as positive law supersede the Statutes at Large as the authoritative text. KF 62. United States Code Annotated (West) Contains the unofficial text of the U.S. Code along with annotations to West Key Numbers, case …

How to interpret a statute?

Chapter 2: Reading the Law School Casebook. In the first chapter, I talked about rules, and in particular, about getting used to the way that lawyers use rules as the starting place for an argument. In passing, I mentioned “cases.”. I said that arguments were presented in cases, but I didn't explain what a case was.

How do you read a legal statute?

How to Read a StatutePay close attention to the statute's format and organization. Look for breaks in the text. ... Look for keywords: ... Do not skip over words that you do not know or fully understand. ... Read through cross-referenced sections in their entirety.

How do you read statute history?

1) Click a state name on the “State materials” tab (California), 2) scroll down and click “California Statutes & Court Rules” on the state's page, and then 3) click the “Statutes Annotated – Historical” link in the right column under “Tools & Resources.”Oct 12, 2019

How do you analyze statutes?

Analyzing And Interpreting StatutesUnderstand the goals of the client. Firmly grasp your client's goals and the underlying facts of your client's situation.Read the statute. Start with the statute's primary language for any inquiry into its meaning. ... Confirm that the statute is still good law.Dec 9, 2019

How do you read a statute UK?

1:228:37A guide to reading and interpreting statutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipDon't be put off by the formal language they use remember that statutes state the law in anMoreDon't be put off by the formal language they use remember that statutes state the law in an authoritative. Way the drafter tries to be precise in saying exactly what the law is.

What is statutory interpretation in law?

“Statutory interpretation is an exercise which requires the court to identify. the meaning borne by the words in question in the particular context.” 17. 25. The courts look at the words in question and use principles of interpretation, which.

How do you cite an older version of a statute?

Therefore, the proper citation format is:The title number.The abbreviation of the code used (here, U.S.C.A. or U.S.C.S.)The section symbol (§) followed by a space and the section number containing the statute.The name of the publisher (West or LexisNexis)The year of the code.Aug 30, 2021

What are the 4 rules of statutory interpretation?

There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach.Jun 11, 2021

What is the golden rule of statutory interpretation?

This rule is a modification of the literal rule. It states that if the literal rule produces an absurdity, then the court should look for another meaning of the words to avoid that absurd result.

How do you identify a legal issue in a case?

What is a legal issue?Look for ambiguity in the facts. Lawyers LOVE ambiguity. ... Find where the opinions disagree. Many cases you read in law school have dissenting opinions, precisely because these opinions help you see both sides of the contested legal or factual points. ... Think about what you don't understand.

What is the fastest way to read a law case?

Step 1: Pre-readingStep 1: Read the case name.Step 2: Read the first paragraph or two to understand who the parties are and the issue that brought them to court.Step 3: Read the first sentence of each paragraph.Step 4: Read the last paragraph or two so that you understand the holding and disposition of the case.

What is a statute law UK?

An Act of Parliament (also called a statute) is a law made by the UK Parliament. All Acts start as bills introduced in either the Commons or the Lords. When a bill has been agreed by both Houses of Parliament and has been given Royal Assent by the Monarch, it becomes an Act.

What is a statute law example?

In their most basic form, statues are written laws that can be looked up or located in databases or books. These come in the form of bills or acts. Common examples of statutory law include traffic violations like running a red light and the minimum legal drinking age of 21, to name a few.

What is the citation format for a statute?

A federal statutory citation generally contains the following elements: the title or chapter number of the code . the abbreviated name of the code. the section or part number of the title or chapter; and.

What is statutory citation?

Reading a Statutory Citation. Unlike case law which is made by judges in specific court cases, statutory law is made by the federal and state legislative branches of the government. Statutory law is published in codes. The United States Code contains statutes that have been passed by Congress.

What is a case citation?

A case citation is generally made up of the following parts: the names of the parties involved in the lawsuit. the volume number of the reporter containing the full text of the case. the abbreviated name of that case reporter. the page number on which the case begins the year the case was decided; and sometimes.

Why is it important to cite legal documents?

It is essential that citations to legal materials follow a standard format so that anyone using a law library may find the resources cited. Citation formats exist for many different types of legal sources including cases, statutes and secondary legal materials. Understanding the basic format for each of these different types ...

What is the abbreviation for the United States Code?

U.S.C. is the abbreviation for the United States Code. § is the section symbol. 1983 is the section of title 42 of the code where the statute can be found. 2006 is the year of the code.

What is the first number in a citation for 42 USC?

Statutes are further broken down into chapter and section numbers. For 42 USC 1981, the first number in the citation refers to the title of the code and the last number refers to the section number of the code: 42 USC 1981. 42.

What is a USC citation?

This is an example of a legal citation to a section of the United States Code (USC). The USC is the text of the statutory law arranged by subject. Statutes are first broken down into titles. So for example statutes pertaining to civil rights fall within Title 49; those pertaining to labor fall under Title 26.

Who publishes the United States Code?

United States Code (unannotated) Published by the Office of the Law Revision Counsel of the U.S. House of Representatives. Titles reenacted as positive law supersede the Statutes at Large as the authoritative text. KF 62

What do we call the instructions to the jury?

If the judge lets the case go to the jury, then there must be what we call “instructions.”. The judge has to tell the jury what the law is; we call this, giving instructions to the jury, or instructing the jury. By now, you know how my story goes; one can object to these instructions, claiming that they are erroneous.

What is the next step in an appellate opinion?

The next stage in a case, the next step toward having an appellate opinion, is the trip from the lower court to the higher court, from the trial court to the appellate court. The historical explanation is simple enough; those who have lost think that they should have won, and they can afford to appeal. But there is a problem here. One can’t go to the appellate court and say that the trial judge was a jerk and an idiot, and then argue that the appellate court ought to go through the case all over again and do justice.

What is appellate court?

This phrase, “appellate court,” is a technical phrase among lawyers. Like most technical phrases, it is meant to mark off a distinction, and in this case the distinction is the contrast between a trial court and an appellate court. When people go to court and fight for their rights, they go to a trial court.

What is an appellate opinion?

In other words, an appellate opinion is a rare event in the totality of legal events. Rare is perhaps not the best word, but I want to emphasize that appellate courts and their opinions are a small part of the world of the law.

How many stages are there in the history of a case?

There are three stages: (1) from the world to the lower court; (2) from the lower court to the higher court; (3) from the higher court to a disposition.

What are some things that are good to know about courts?

One must be alert for such twists and turns. In addition, there are some other things that are good to know: first, there is some useful information about courts; and second, there is some advice about technique. Picking up the relevant background information is rather easy, but learning good technique is harder.

Can you use the lens of an appellate opinion?

One can use the lens of the appellate opinion to focus on any of these things, and indeed, on many other things. However, regardless of these differences, the case is the starting place, and there are difficulties that arise for most students because of certain features of an appellate opinion.