Your SlideShare is downloading. ×
Libr 430 Week 5
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Introducing the official SlideShare app

Stunning, full-screen experience for iPhone and Android

Text the download link to your phone

Standard text messaging rates apply

Libr 430 Week 5

510
views

Published on

Published in: Technology, Education

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
510
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. LIBR 430 Week 5 Reading Statutes
  • 2. Some Differences
    • No real narrative to speak of
    • Can be technical, dry and tedious
    • Require careful attention to language
    • Context (like with cases) is extremely helpful
    • Still have to read cases that apply, construe or interpret statutes
  • 3. Forms of Statutes
    • Slip or public laws
    • Codes
    • Annotated Codes
  • 4. How Statutes are Organized
    • TITLE 1. HEADING
      • SUBTITLE A. HEADING
        • CHAPTER 1. HEADING
          • SUBCHAPTER A. HEADING
            • PART 1. HEADING
    • Sec. 1.01. Heading.
      • (section) (a)
        • (subsection)(1)
          • (subdivision) (A)
            • (paragraph)(i)
            • (subparagraph) (a)
            • (sub-subparagraph)
  • 5. How are Statutes Organized (cont’d.)
    • TITLE 1. HEADING
      • CHAPTER 1. HEADING
        • Art. 1.01. Heading. (article)
          • Sec. 1. (section)
  • 6. Best way to read a statute?
    • Establish Context!
      • Read headings, chapters, sections etc.
      • Check dates
      • Review legislative notes or comments
    • Read it through multiple times! Don’t expect to get it at once.
    • Focus on language and it’s use. Precision is critical when reading statutes. One word can change meaning drastically!
  • 7. Things to look for…
    • Read the complete heading (code/title/chapter/subchapter/section) to establish how the section fits into the entire code organization.
    • Look for a definitions section (if present, it is usually found at the beginning of a chapter or subchapter) and read it.
    • Pay close attention to the statute format and organization. Look for breaks in the text. Assume everything in the statute has meaning, including punctuation and format.
  • 8. Importance of Language
    • Important “action” words such as “may,” “shall,” or “must” establish whether a provision is required or authorized;
    • Exceptions to the application of the statute, signaled by keywords such as “only,” “under,” “over,” “more than,” “less than,” “if,” and “unless”;
    • A series ending in “and” or “or”indicates whether all the elements of the series are included or only one of the elements needs to be included to satisfy the series.
  • 9. Language and Structure
    • Do not skip over words that you do not know or fully understand. Do not rely on context for the meaning of a word about which you are unsure. Do not assume a word (e.g., “person”) has the same meaning that it has in everyday conversation.
    • Read through cross-referenced sections in their entirety. If a cross-reference is to an entire chapter or subchapter, read through the chapter’s or subchapter’s table of contents and definitions section to learn the context.
  • 10. What is the goal?
    • Unlike cases you shouldn’t try to summarize what a statute says!
    • There’s a saying in law that ‘You can’t paraphrase a statute’.
    • Instead, try to answer the following:
        • 1. Why was this statute/section enacted?
        • 2. How does this statute/section apply in concrete situations?
        • 3. Why does this statute/section go as far as it does?
        • 4. Why doesn’t this statute/section go further than it does?
        • 5. Is this statute/section in need of reform? (Is it good for policy?)
  • 11. Statutory Interpretation
    • Need to interpret when plain meaning is not clear
    • Grounded in policy
      • At the time of the statute being enacted (historical)
      • At the time the statute is being applied (current)