Chapter Twelve: Finding and Interpreting Enacted Law
Chapter Twelve
Finding and Interpreting Enacted Law
Statutory Citation
Simple Definition: A statutory citation is the “address” of a law that indicates where to find it in a legal code.
Key Parts:
Title number: indicates broad subject area
Code name: e.g., U.S.C. (United States Code)
Section number: specifies the exact law
Year: edition of the code
Example:
42 U.S.C. § 1983 (2018)→ Title 42, U.S. Code, Section 1983, 2018 editionPurpose: Provides clarity and assists lawyers in finding and citing laws accurately.
Legal Code
Simple Definition: A code is a comprehensive collection that organizes all permanent laws by topic.
How It Works:
Laws are initially passed as Acts or Public Laws.
They are subsequently codified (grouped by subject).
Structure:
Titles/Chapters: Broad topics
Sections: Specific laws
Examples:
Federal: United States Code (U.S.C.)
State: Texas Penal Code, California Civil Code
Purpose: Streamlines the process of finding and researching laws.
Annotated Code (Annotated Statute)
Definition: An annotated code includes the law along with useful notes and research tools.
What It Includes:
Case Notes: Brief summaries of court decisions interpreting the law
Historical Notes: Dates and modifications to the statute
Cross-References: Related laws and resources
Why It Matters:
Illustrates how courts interpret the law
Saves time in legal research
Utilized by lawyers, paralegals, and students
Example: Westlaw’s Texas Statutes Annotated or U.S.C.A. (United States Code Annotated)
Statutory Interpretation
Definition: Statutory interpretation refers to the process of elucidating the meaning of a law.
Purpose: Employed by courts when the wording of a law is unclear or ambiguous.
Why It Matters: Judges interpret the law to assess its application to real-world cases.
In Simple Terms: It’s how courts “translate” statutory language to correspond with the facts of a case.
Statutory Elements
Definition: Statutory elements are specific components or requirements of a law that need to be established for it to be applicable.
Key Idea: If even one statutory element is absent, the statute isn’t satisfied or contravened.
Example: For the crime of armed robbery, the statute may necessitate:
Intent to steal
Taking property from another individual
Using or exhibiting a weapon
If the individual did not possess a weapon, the relevant statute would not be applicable.
Issue
Definition: An issue represents the specific legal question a court must resolve in a case.
In Statutory Interpretation: It frequently queries:
“Does this law apply to these facts?”
“What does this word in the law mean?”
Example: If a law prohibits “vehicles” in a park, the issue may be — Does that cover bicycles or exclusively vehicles?
Prior Court Decisions (Precedent)
Definition: Prior court decisions, also known as precedent or stare decisis, are judgments made by higher courts on analogous legal issues.
Key Point: Lower courts typically are required to adhere to these previous interpretations.
Purpose: When a law’s wording is ambiguous, courts consult previous decisions for guidance in rulings.
Example: If a higher court determined that “vehicle” encompasses bicycles, subsequent courts must adopt this interpretation.
Legislative Intent
Definition: Legislative intent refers to the purpose or objective lawmakers aimed to achieve when enacting a law.
Key Idea: Courts endeavor to ascertain what the legislature intended and the rationale for the law's enactment.
Importance: Understanding legislative intent is crucial for judges to correctly enforce the law.
Example: If legislation was intended to safeguard pedestrians, courts will interpret it with that objective in consideration.
Plain Meaning Rule
Definition: The plain meaning rule states that courts interpret a law using the ordinary and clear meaning of its terms.
Key Idea: If the language is unequivocal and unambiguous, judges apply it as writ.
Purpose: Courts do not seek for concealed meanings when the language is already comprehensible.
Example: If a law states “no pets allowed,” it straightforwardly implies no animals — necessitating no additional interpretation.
Legislative History
Definition: Legislative history comprises the records and documents generated throughout a law's formation process.
Purpose: Courts utilize it to comprehend what lawmakers intended, particularly when a law’s wording is vague.
Examples: Committee reports, hearing transcripts, and floor debates.
Use: It assists judges in understanding the reasoning behind the law’s enactment.
Canons of Construction
Definition: Canons of construction are guiding principles that judges employ to interpret ambiguous laws.
Key Point: They are advisory rather than obligatory but aid courts in discerning the law’s meaning.
Types:
Linguistic canons: Focus on grammar and word meanings
Substantive canons: Accord priority to specific policy objectives or values
Example: A court might enforce a rule that laws restricting freedoms must be construed narrowly.
Strict Construction
Definition: Strict construction signifies that laws, particularly criminal or tax statutes, should be interpreted narrowly and with precision.
Key Idea: If a law lacks clarity, it ought to be interpreted favorably for the person affected.
Also Called: In criminal law, this is recognized as the Rule of Lenity.
Example: If a criminal law can be interpreted in more than one way, the court tends to opt for the interpretation beneficial to the defendant.
Remedial Statute & Liberal Construction
Remedial Statute: A law instituted to rectify an issue or safeguard individuals who have suffered harm — such as consumer protection or civil rights statutes.
Liberal Construction: Courts broadly interpret these statutes to ensure they fulfill their purpose.
Key Idea: The objective is to extend the maximum benefit to the individuals the law was designed to assist.
Example: A civil rights law might be broadly interpreted to protect a greater number of individuals against discrimination.
Judicial Restraint vs. Judicial Activism
Judicial Restraint: Judges confine their authority and refrain from creating new laws. They adhere to the text of the law or the framers' intent and show deference to Congress or the President.
Judicial Activism: Judges engage more dynamically in shaping the law. They might invalidate laws or interpret the Constitution in accordance with contemporary values and evolving times.
Example:
Restraint: “Let Congress decide.”
Activism: “The court must act to safeguard rights.”
Code of Federal Regulations (CFR)
Definition: The CFR is the official compendium of rules established by federal agencies such as the EPA or FDA for enforcing laws enacted by Congress.
Structure: It consists of 50 titles categorized by topic — for instance:
Title 7: Agriculture
Title 26: Internal Revenue
Title 40: Environment
How It Works: Congress enacts a law → the agency develops detailed regulations → those regulations are published in the CFR.
Example: Congress prohibits “unsafe discharges,” and the EPA formulates a CFR rule defining “unsafe” and stipulating limits.
Locating and Citing Constitutions
Locating a Constitution:
U.S. Constitution: Accessible online (e.g., National Archives, Congressional sites) or in printed versions of the U.S. Code.
State Constitutions: Located within the first volume of a state’s legal code or the respective state legislature’s website.
Citing a Constitution:
Utilize Article, Section, Clause, or Amendment numbers instead of page numbers.
Example:
U.S. Const. art. II, § 3
Key Idea: The constitutional structure remains consistent, hence citations are uniform across the board.
Citing Constitutions
U.S. Constitution Format:
U.S. Const. art. [Article No.], § [Section No.], cl. [Clause No.]Example:
U.S. Const. art. I, § 8, cl. 3— (Commerce Clause)
U.S. Amendment Format:
U.S. Const. amend. [Amendment No.], § [Section No.]Example:
U.S. Const. amend. XIV, § 1— (Equal Protection Clause)
State Constitution Format:
[State Abbr.] Const. art. [Article No.], § [Section No.]Example:
Cal. Const. art. I, § 7
Constitutional Interpretation
Definition: Constitutional interpretation is the method by which judges ascertain the Constitution’s meaning and its application in contemporary cases.
Why It’s Needed: The Constitution employs broad terminology like “due process” and “equal protection,” necessitating judicial interpretation.
Two Main Theories:
Originalism: Implies the Constitution’s meaning is fixed as at the time of its writing and ratification. The meaning does not fluctuate unless formally amended.
Living Constitution: Suggests the Constitution evolves with modern society and values, allowing flexibility in the interpretation of its broad terms to stay relevant today.
Two Views of Interpretation
Originalism:
The Constitution signifies what it was understood to mean when originally written and ratified.
Its meaning does not transform unless there are formal amendments.
Goal: Prevent judges from substituting their personal opinions for the law.
Example: A judge applies the Second Amendment based on its understanding in the 1700s.
Living Constitution:
The Constitution evolves to reflect current societal conditions and values.
Its broad terms adapt to fit modern circumstances.
Goal: Ensure the Constitution remains relevant and equitable in present-day contexts.
Example: Interpreting “cruel and unusual punishment” through today’s moral standards.