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LIBR 430 Week 5 LIBR 430 Week 5
Reading StatutesReading Statutes
Some DifferencesSome 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
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
Forms of StatutesForms of Statutes
Slip or public laws Codes Annotated Codes
Slip or public laws Codes Annotated Codes
How Statutes are OrganizedHow 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)
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)
How are Statutes Organized (cont’d.)
How are Statutes Organized (cont’d.)
TITLE 1. HEADING CHAPTER 1. HEADING
Art. 1.01. Heading. (article) Sec. 1. (section)
TITLE 1. HEADING CHAPTER 1. HEADING
Art. 1.01. Heading. (article) Sec. 1. (section)
Best way to read a statute?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!
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!
Things to look for…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.
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.
Importance of LanguageImportance 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.
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.
Language and StructureLanguage 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.
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.
What is the goal?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?)
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?)
Statutory InterpretationStatutory 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)
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)