This document provides an overview of statutory research, including the sources and processes for federal and state statutes. It discusses the hierarchy of statutes and their relationship to case law. The key federal statutory sources are bills, the Congressional Record, Statutes at Large, the United States Code, and annotated codes. Legislative history materials like committee reports and floor debates can help interpret statutes. Maintaining currency requires checking pocket parts and advance sheets for new cases and laws.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808Anadi Tewari
The Presentation depicts a case analysis of the Oghad's case. Article 20(3) of the Constitution of India talks about Right against self-incrimination and the Oghad's case is a landmark judgment enhancing the realm of Article 20(3).
After the judgment of 9-Judges bench in M.P. Sharma v. Satish Chandra, AIR 1954 SC 1077, the Oghad's case is a 11-Judge judgment further enhancing the scope of word 'witness' under Article 20(3).
The Oghad's case is important as it redefines the scope of evidence protected.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
Interpretation of statues: Meaning, object & types.legalpuja22
Introduction to Statutory Interpretation
Definition: Statutory interpretation refers to the process of interpreting and applying statutes or laws enacted by legislative bodies.
Importance: It helps in understanding the meaning and purpose behind laws, resolving ambiguities, and ensuring fair and just application of legislation.
Meaning of Statute
A statute is a formal written enactment of a legislative body, which may be national, regional, or local in scope.
Statutes can encompass a wide range of subjects, from criminal law to tax regulations to civil rights.
Object of Statutory Interpretation
The primary object of statutory interpretation is to ascertain and give effect to the intention of the legislature.
This involves understanding the purpose and objectives behind the enactment of a statute.
Reason for Statutory Interpretation
Ambiguity: Statutes may contain ambiguous language or concepts that require interpretation.
Evolution: Societal norms and values evolve over time, necessitating reinterpretation of existing laws.
Advances in technology and globalization may also require reinterpretation of statutes.
Nature of Statutory Interpretation
Dynamic Process: Statutory interpretation is not static; it evolves with changing circumstances and societal values.
Judicial Discretion: Courts have discretion in interpreting statutes, but must do so within the framework of established legal principles.
Scope of Interpretation
Literal Interpretation: Interpreting statutes based solely on the literal meaning of the words used.
Purposive Interpretation: Focusing on the purpose and objectives behind the enactment of a statute.
Contextual Interpretation: Considering the broader context, including legislative history and societal norms.
Types of Statutes
Codifying Statutes: Consolidate and organize existing laws on a particular subject into a single statute.
Example: The Indian Penal Code, 1860, which consolidates laws related to criminal offenses in India.
Consolidating Statutes: Combine various statutes or parts of statutes related to a specific subject into one comprehensive statute.
Example: The Code of Civil Procedure, 1908, which consolidates laws related to civil procedure in Indian courts.
Declaratory Statutes: Clarify existing laws or legal principles without making substantive changes.
Example: The Hindu Succession (Amendment) Act, 2005, which clarified the rights of Hindu women in matters of inheritance.
Remedial Statutes: Provide mechanisms for addressing legal disputes and enforcing rights.
Example: The Consumer Protection Act, 2019, which provides remedies for consumers against unfair trade practices.
Enabling Statutes: Empower government agencies to create regulations within specified areas.
Example: The Reserve Bank of India Act, 1934, which empowers the Reserve Bank of India to regulate the banking sector in India.
Disabling Statutes: Restrict or prohibit certain actions or behaviors.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
Sociological school ..Analysis on the Contribution of Roscoe Pound.Neha tiwari
Sociological school
{Analysis on the Contribution of Roscoe Pound}
The Sociological approach to the study of law is the most important characteristic of our age. Jurists belonging to this school of thought are concerned more with the working of law rather than its abstract content
State of Bombay v. Kathi Kalu Oghad & Ors., AIR 1961 SC 1808Anadi Tewari
The Presentation depicts a case analysis of the Oghad's case. Article 20(3) of the Constitution of India talks about Right against self-incrimination and the Oghad's case is a landmark judgment enhancing the realm of Article 20(3).
After the judgment of 9-Judges bench in M.P. Sharma v. Satish Chandra, AIR 1954 SC 1077, the Oghad's case is a 11-Judge judgment further enhancing the scope of word 'witness' under Article 20(3).
The Oghad's case is important as it redefines the scope of evidence protected.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
Interpretation of statues: Meaning, object & types.legalpuja22
Introduction to Statutory Interpretation
Definition: Statutory interpretation refers to the process of interpreting and applying statutes or laws enacted by legislative bodies.
Importance: It helps in understanding the meaning and purpose behind laws, resolving ambiguities, and ensuring fair and just application of legislation.
Meaning of Statute
A statute is a formal written enactment of a legislative body, which may be national, regional, or local in scope.
Statutes can encompass a wide range of subjects, from criminal law to tax regulations to civil rights.
Object of Statutory Interpretation
The primary object of statutory interpretation is to ascertain and give effect to the intention of the legislature.
This involves understanding the purpose and objectives behind the enactment of a statute.
Reason for Statutory Interpretation
Ambiguity: Statutes may contain ambiguous language or concepts that require interpretation.
Evolution: Societal norms and values evolve over time, necessitating reinterpretation of existing laws.
Advances in technology and globalization may also require reinterpretation of statutes.
Nature of Statutory Interpretation
Dynamic Process: Statutory interpretation is not static; it evolves with changing circumstances and societal values.
Judicial Discretion: Courts have discretion in interpreting statutes, but must do so within the framework of established legal principles.
Scope of Interpretation
Literal Interpretation: Interpreting statutes based solely on the literal meaning of the words used.
Purposive Interpretation: Focusing on the purpose and objectives behind the enactment of a statute.
Contextual Interpretation: Considering the broader context, including legislative history and societal norms.
Types of Statutes
Codifying Statutes: Consolidate and organize existing laws on a particular subject into a single statute.
Example: The Indian Penal Code, 1860, which consolidates laws related to criminal offenses in India.
Consolidating Statutes: Combine various statutes or parts of statutes related to a specific subject into one comprehensive statute.
Example: The Code of Civil Procedure, 1908, which consolidates laws related to civil procedure in Indian courts.
Declaratory Statutes: Clarify existing laws or legal principles without making substantive changes.
Example: The Hindu Succession (Amendment) Act, 2005, which clarified the rights of Hindu women in matters of inheritance.
Remedial Statutes: Provide mechanisms for addressing legal disputes and enforcing rights.
Example: The Consumer Protection Act, 2019, which provides remedies for consumers against unfair trade practices.
Enabling Statutes: Empower government agencies to create regulations within specified areas.
Example: The Reserve Bank of India Act, 1934, which empowers the Reserve Bank of India to regulate the banking sector in India.
Disabling Statutes: Restrict or prohibit certain actions or behaviors.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
Sociological school ..Analysis on the Contribution of Roscoe Pound.Neha tiwari
Sociological school
{Analysis on the Contribution of Roscoe Pound}
The Sociological approach to the study of law is the most important characteristic of our age. Jurists belonging to this school of thought are concerned more with the working of law rather than its abstract content
Unraveling The Mysteries of The U.S. CodesChuck Thompson
Understanding laws and the US Code. Some information to take the mystery out of the legal system. We do not completely agree with the information contained herein as there are areas that seem to violate Constitutional law. Those are arguments for the courts however.
The U.S. Constitution and the Bill of RightsThe U.S. Constitutio.docxwsusan1
The U.S. Constitution and the Bill of Rights
The U.S. Constitution is divided into seven separate articles, which are numbered using the Roman numerals I–VII. Each article has sections that define and clarify the article. The Constitution is approximately 4300 words in length. Each article outlines a basic function of government. Let's learn what these articles state.
When the U.S. Constitution was finalized, it was signed and sent to the states for ratification. The ratification process required 9 of the 13 states to agree to ratification before the U.S. Constitution was official. As a compromise with the antifederalists, the Bill of Right was conceived to allay their fears and to buy support for the ratification. After lengthy discussions among the states, in 1789, the Bill of Rights was added to the Constitution as the first ten amendments, which aimed at protecting the rights of the citizens of the newly formed United States of America. Today we cannot imagine the Constitution without the Bill of Rights. However, the original Constitution did not have the Bill of Rights until it was amended. Let's learn about the Bill of Rights.
The last amendment (Twenty-Seventh Amendment, limiting congressional pay increases) to the U.S. Constitution was ratified in 1992. Ratification occurs after three-fourths of the states vote for the amendment.
Congressional Outputs and Committee Work
Both the U.S. House of Representatives and the U.S. Senate has many committees and subcommittees. It is often stated that the real work of Congress is done in committee. This is where bills are initially assigned, debated, and amended. A bill can remain in committee and never emerge. Passing through a committee is a rite of passage for bills that become law. The main responsibilities of these committees are related to legislation, but there are other committees that have other outputs. Let's learn about the different types of congressional committees.
Legislation that reaches the U.S. House or the U.S. Senate is referred to a committee, depending on congressional law and procedures. It can go to the standing committee or a subcommittee, where the initial work is done on the legislation. After the hearings are complete, the bill undergoes a markup (or changes that have occurred to the bill as a result of the work of the subcommittee). If the bill is accepted by the subcommittee, it goes to the standing committee for a vote or further hearings. If ultimately passed by both houses of Congress the bill must be reconciled between the U.S. House and the U.S. Senate so that both legislative bodies pass exactly the same bill.
The U.S. Court System
The judicial branch of the U.S. government was created by Article III of the U.S. Constitution. At the time of the signing of the Constitution, there was no federal court system and the states had control over the loosely interpreted rule of law. The shaping of the judiciary was left to Congress, which decided the number of justice.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
1.4 modern child centered education - mahatma gandhi-2.pptx
Statutory Law Research (Federal)
1. Federal Statutory Law Research- Manual DittakaviRao Associate Director Duquesne University Center for Legal Information
2. Statutory Research Statutes as a Primary Authority of Law Statutes are the laws made by the Congress/State Legislatures, the representative bodies of the people Statutes are binding on the people and the courts Levels of Statutes Federal Statutes State Statutes Municipal Ordinances made by municipal legislative bodies Generally federal statutes preempts state statutes and state statutes preempts local ordinances
3. The Relationship Between Statutes and Case Law Statutes create new areas of law not covered in case law Some statutes codify, clarify or supplement case law Some statutes overturn the case law Statutes usually take precedence over case law that conflicts with statutory provisions.
4. Contd… The constitution grants the legislative branch broad powers to create legal rules to govern society. The legislative’s exclusive authority to enact statutes is balanced by the court’s authority to apply those statutes and other laws, to assess the constitutionality of the statutes, and to make case law
5. Statutory Law-Federal Sources Bills (Senate and House) Congressional Record (Floor debates) (Daily publication) Slip Law/Public Law (Before 1957 public laws are known as Chapters) (Will have a Congressional session and sequential number e.g. 111-1 and a name known as popular name.) Statutes At Large (session laws – Chronologically arranged at the end of the session); U.S.C.C.A.N. (U.S.Code Congressional Administrative News) United States Code (U.S.C.) (official code in 50 Titles/Topics) (1926) (General and permanent laws are codified) Annotated Codes (Provides additional information including Case Law) United States Code Annotated (U.S.C.A.) (West) United States Code Service (U.S.C.S.) (Lexis)
6. Statutes At Large Citation Public Law Number Name of the Act United States Code Citation
8. Session Laws of the Congress Congressional Session Public Laws Included In the Volume
9. United States Code (U.S.C.) (Official) Titles of United States Code – 50 Titles (Some Titles are positive law and some only primafacie of evidence) (Recent addition - Title 51(National and Commercial Space Programs) The relationship between Statutes at Large and U.S.C. – Laws are numerically (at the end of Congressional session) published in Statutes at Large and those permanent and general laws are organized by topic in U.S.C.) The functions of U.S.C. and why not to use it to do federal statutory research - (Publication and updates are slow and do not contain case law – Un-annotated) Updated with a monthly bound volumes during the Congressional session
10. Positive Law of Evidence Positive law codification is the process of preparing and enacting a restatement of existing law. The restatement conforms to the policy, intent, and purpose of Congress in the original enactments, but the organizational structure of the law is improved, obsolete provisions are eliminated, and technical errors are corrected. The restatement is enacted as a positive law title Currently only 24 of 50 titles are positive law, the rest are prima facie evidence of law.
11. OFFICIAL FEDERAL CODE (U.S.C.) (50 TITLES) New set (50 titles) is published once in six years. Current edition is 2006. Monthly updates are published in between.
12. Notice that not all 50 titles are positive law. Only titles with * mark are positive law.
13. Notice public law number, statutes at large citation and section number
14. Annotated Statutes Two annotated codes are available – United States Code Annotated (U.S.C.A.) by West and United Code Service (U.S.C.S.) by LexisNexis. Annotations include: Court cases; A.G. opinions; Adm. Agency decisions; C.F.R. references; Secondary sources such as law reviews, ALR annotations; Treatises; Key Number digest topics; and Electronic resources.
15. Provides Case Law & Other Secondary References UNITED STATES CODE ANNOTATED (U.S.C.A.) (PUBLISHED BY WEST)
16. Provides Case Law & Other Secondary References UNITED STATES CODE SERVICE (U.S.C.S.) (PUBLISHED BY LEXIS)
19. Pocket Part Check Pocket Parts for Updates of statutes and new cases
20. Research Federal Statutes through U.S.C.A. and U.S.C.S. Researching the Codes General Index Title Index (at the end of last section within each title/topic) Title Outline (may not be detailed) Popular Name Table (alphabetical list of acts) Tables volumes (conversion-Public law >Statutes At Large>U.S.C.)
21. Research Federal Statutes – Contd… The unique features of U.S.C.A. and U.S.C.S. and why you should use both sources to do federal statutory research - (U.S.C.A. provides more case references and U.S.C.S. provides more administrative decisions and statutory sources. Both provides references to secondary sources generally more to their own publications.) Index Approach Use the general index and/or title index to locate the appropriate title and section of the U.S.C.A. or U.S.C.S.
22. Contd… Read the text of relevant statutory provisions Read the ‘notes of decisions’ (cases) interpreting the provisions Read other commentary sources relating to the provisions
23. Contd… Popular Name Approach If the short title or the name of the statute is known, use the Table of Popular Names published either with the last volume of the general index or the Tables’ volume to identify the U.S.C. titles and sections of the statutes. U.S.C.A. and U.S.C.S. publishes a separate volume for popular names. Title Outline Approach (Beginning of each title/topic volume has a sort of contents page – May not be very detailed.)
28. INCLUDES FEDERAL AND ALL 50 STATES ACTS ALPHABETICALLY & CASES CITED BY NAME OF THE ACT
29. Update Federal Statutes Check annual pocket parts; notice the coverage of the laws by the pocket parts (may or may not be any changes to statutes but new cases if any are given) Check U.S.C.A. advance pamphlets. Notice the coverage of laws in each issue. Make sure that the coverage continues the laws covered by the pocket parts. Check U.S.C.C.A.N. pamphlets; U.S.C.S. advance sheets. Notice the coverage of laws for each issue. Read the ‘Current Awareness Commentary’. Check related session law (Public Law) if any.
30. Contd… Use the ‘Table of Code Sections Added, Amended, Repealed, or Otherwise Affected’ in each issue to check the status of the statutes being updated. Shepardize the statutes in the ‘Shepard’s Federal Statute Citations’ books.
34. Uniform Laws & Model Acts To bring the uniformity among the laws of popular legal areas American Bar Association started the project in 1889. By 1912 every state appointed uniform law commissioners to the National Conference of Commissioners on Uniform State Laws. Drafting committees work on approved subject of law (probate, partnership, UCC etc.) Discussed section by section in two conference meetings and approved by members of 20 jurisdictions and officially adopted as uniform acts. Uniform commercial code and model penal code are popular ones. Individual states have to adopt them through their legislatures. Thomson West publishes a multi-volume set of Uniform Laws Annotated providing cases from federal and state courts. Currently, there are more than 200 uniform laws.
35. Legislative History - Federal Legislative materials are secondary authority. They are persuasive authority helping the legal researchers and the court to ascertain the legislative intent of a statute. In applying a statute, a court is limited to determining what the legislature intended the words of the statute to mean and whether the legislature was within its constitutional authority in enacting that legislation; a court may not rewrite a statute or create new one. Legislative history helps one to understand a vague or ambiguous statute. Legislative history materials serve as indicators of legislative intent.
36. Legislative History…Contd. Limitations of Legislative Materials as Authority Some courts do not view arguments based on legislative history materials credible because of massive collections of materials that constitute the legislative materials. The legislature may not have had any intent as to your situation The law may need to be interpreted in response to changing societal needs. Different types of legislative history materials may have different weight of importance. E.g. house or senate reports that accompany the bills are more important than the remarks made in the congressional floor debates or the statements added to the Congressional Records. None of the materials making up a legislative history truly embodies the intent of the entire legislature – except the text of the bill as passed. Documents to be consulted
37. Documents Needed to Conduct Legislative History Research Bills (House/Senate) Hearings Committee Reports (House/Senate) – Most important document for L.H. (Committee reports will have a Congressional session and sequential number e.g. 101-1. Before 1969 there was no Congressional session number only a sequential number. Committee Prints (prepared for committee members) Floor Debates (Use Congressional Record) Presidential Signing Documents It is good to know how the bills are enacted into laws.
38. Sources for Legislative History Published Acts (At the end of public law, find list of legislative history documents) Compiled Legislative Histories (Published by Govt./Commercial/Libraries) Congressional Record (Bills and floor debates) U.S.C.C.A.N. (United States Code Congressional Administrative News by West provides committee reports) – Table 4 provides all necessary info. For L.H. – Date of Statute approved; Statutes At Large citation; Committee report number; Names of committees; Congressional Record dates etc. Volume 88 or lower number of Statutes At Large has a table “Guide to legislative history of bills enacted into public law.” Now every public law has the same information at the end of the law. CIS (Congressional Information Service) Index to Legislative Histories.) (L.H. for statutes enacted after 1970). More information available in microform format.
