Copyright 2004, Don L Carper HRP & Associates 1 OBE 118 - LEGAL ENVIRONMENT OF BUSINESS Judicial Decision Making & Statutory Interpretation Dr. Donald

Copyright 2004, Don L Carper HRP & Associates

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OBE 118 - LEGAL ENVIRONMENT OF

BUSINESS

Judicial Decision Making & Statutory Interpretation

Dr. Donald L. Carper


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Attributes of court decisions Decide existing disputes providing

resolution for those in conflict. Decision provides a guide to others

in the resolution of their similar disputes


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Methodology Fact finding (trial) Application of law (argument and

advocacy) Review for correctness (appellate

review) Finality (res judicata) Usefulness to other disputes (stare

decisis or precedent and jurisdiction)


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Stare Decisis: To stand by decided

cases. Application of doctrine in typical situations Variables to consider when applying rule.

Jurisdiction issues Identity or similarity of facts Currency

Change in cultural values Change in scientific knowledge New science


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EXAMPLES OF RULE APPLICATION

Identical facts in an appropriate jurisdiction. Apply precedent OR Overrule case (far less likely)

Similar facts in an appropriate jurisdiction. Apply precedent by analogy OR Distinguish and limit precedent.


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EXAMPLES OF RULE APPLICATION Dissimilar facts

Case does not apply OR Policy or principal applies to new situation.

(Establishes new doctrine). Jurisdiction that is not mandatory

Persuasive OR Unpersuasive.


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Additional stare decisis questions Usable cases

Must be a permanent record of the case Interaction of sister states and federal government

Relation of state court to federal courts Relation of courts in different state Relation of courts in same state

lower level higher level same level


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Additional stare decisis questions Finality

When does it stop? Res judicata Enforcement. Full faith and credit of final judgments

Relationship of case law to other types of law Constitutional law (Judicial review) Statutory law (Interpretation) Administrative law

Judicial review and interpretation


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Statutory Interpretation Sometimes wording

is vague, either by oversight, or intentional -- as a compromise. Sometimes wording is ambiguous usually unintentionally.


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Statutory Interpretation New laws must

be interpreted by the courts.

Generally a hierarchy of methods are used.


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Methods of Statutory Interpretation

Plain Meaning Rule -- the courts must use the common sense definition of words.


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Methods of Statutory Interpretation

Legislative History and Intent -- sometimes the court can look to the reasons behind the law to determine the legislators’ intent.


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Methods of Statutory Interpretation Public Policy -- the

courts will use social policies, such as reducing crime or providing education to interpret a law.


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Statutory Interpretation Once the law

(statute) has been applied by the courts, its interpretation becomes a precedent to be used in future court cases.


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Policy Question How does one change case law? How does one change statutory law?


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EXAMPLE A person who "uses or carries a firearm"

"during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U.S.C. § 924(c)(1).


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EXAMPLE A person who "uses or carries a firearm"

"during and in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U.S.C. § 924(c)(1).

Police officers found a handgun locked in the glove compartment of petitioner Muscarello's truck, which he was using to transport marijuana for sale.


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EXAMPLE A person who "uses or carries a firearm" "during and

in relation to" a "drug trafficking crime" is subject to a 5-year mandatory prison term. 18 U.S.C. § 924(c)(1).

Police officers found a handgun locked in the glove compartment of petitioner Muscarello's truck, which he was using to transport marijuana for sale.

Is Muscarello subject to the mandatory sentence, if found guilty of drug trafficking?


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EXAMPLE Held: The phrase "carries a firearm" applies to

a person who knowingly possesses and conveys firearms in a vehicle, including in the locked glove compartment or trunk of a car, which the person accompanies.

Muscarello v. U.S., __ U.S. __, 118 S.Ct. 1911(1998)


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Drafting Challenges Ambiguity exists when words can be interpreted in more than one

way. For example, is a "light truck" light in weight or light in color?

Vagueness exists when there is doubt about where a word's boundaries are. If a law applies to the blind, who exactly is blind? What degree of impairment counts?

Over-generality exists when the term chosen covers more than it should.

If a law applies to "communicable diseases," is it really meant to cover the common cold?

Legislatures sometimes choose to be vague or general and to let administrative agencies supply the specifics.

Drafters rarely choose to be ambiguous.


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Burglary Breaking and entering into the dwelling house

of another in the night time with the intent to commit a felony therein


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"Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, when the doors are thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary " (Cal Pen Code 459).

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Copyright 2004, Don L Carper HRP & Associates 1 OBE 118 - LEGAL ENVIRONMENT OF BUSINESS Judicial Decision Making & Statutory Interpretation Dr. Donald