Statutory Law

1. Statutory Law Legal Analysis

2. Types of Statutory Law • Codes • U.S. Codes • California Codes • Rules of Court • Administrative Regulations • CFR—Code of Federal Regulations • California Code of Regulations • Local Ordinances

3. Constitutions • U.S. Constitution • State Constitutions • Similar to statutory law in analysis

4. Statutory Law--Codes • Law passed by Congress/legislature • Organized topically into Codes • U.S. Codes • California Codes • General rules without reference to specific factual dispute

5. Administrative Regulations • Rules passed by administrative agencies under power given by Congress or State Legislature • Both Federal (CFR) • and State (Calif. Code of Regulations--CCR)

6. Analysis of statutory, constitutional and administrative law • Use a similar method to analyze all • Determine meaning of law • Apply law to your factual situation

7. Identify Your Issue • Before trying to analyze a statute identify your issue • Your issue will affect what you look for in the statute

8. Understanding Statutory Language • Read carefully, slowly and repeatedly • All words have meaning • Pay attention to shall, may,and , or

9. Determining Meaning • Outline statutory (constitutional) language • Review Case Law that has Interpreted Code Provisions • Watch Your Dates • Review Other Code Sections • Determine Legislative Intent • Legislative History

10. Connectors • To analyze a statute, you must pay close attention to all “connectors” and qualifiers such as “and,” “or,” “except,” “unless,” and “ provided that.” . These will tell you if all or only some of the elements or requirements must be met before a statute applies to a set of facts

11. Analyzing Statutes or Codes • Do not limit yourself to one section • Section is part of whole act • Remember that more than one section may relate or appear to relate • You must determine if all relate or only appear to relate

12. Outline Language of Law • Identify statutory requirements • Break Statute into its elements • Before a statute applies to a factual situations, certain conditions must be met; these are called the statutory requirements

13. Section 242. Deprivation of rights under color of law • Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

14. Example--18 U.S.C. §242 Issue: have police violated 18U.S.C. §242 • . Someone must act under color of law and • . Act willfully and • . Deprive another of rights granted under the Constitution or laws of U.S. • . Or subject another to different punishments, pains or penalties, and do this because of race or color or because of being an alien

15. 1. Someone must act under color of authority 2.The action must be willful 3. Depriving another of civil rights 4. Imposing different punishment, penalties etc. 5. Because of race, etc. 1. Powell is a police officer, performing police function 2. The incident was intentional not accidental 3. Powell violated 4th Amendment to U.S. Constitution—unreasonable arrest 4. Powell beat the suspect 5. Powell’s comments about “going back” and “Americans” suggest racial bias Final Step--Apply statute to your facts

16. Organization of U.S. Codes • Codes organized topically into “titles” • Titles each have number and some have a “popular” name • Number is the official way to cite • Each title is then divided into sections (§)

17. Code Citations • United States Code • U.S.C. = United States Code • U.S.C.A. = United States Code Annotated • U.S.C.S. = United States Code Service • Format: Title U.S.C. Section • 18 U.S.C. § 242 • 18 U.S.C.A. § 242 • 18 U.S.C.A. § 242

18. Codes--California • Codes arranged topically—but each one has an official name (i.e. Penal, Civil, Education) • Each code consists of numerous sections

19. Code Citations -- California • No official publication except through online www.leginfo.ca.gov • West—popular publisher • Deering—other publisher • Pen. Code § 187 • Cal. Pen. Code § 187 (West 2006)

20. Publication of Codes • Unannotated • The code section • Limited historical and legislative information • Annotated • Case notes or decisions • Not part of code

21. Decoding Statutes • California Education Code § 48907 • 18 U.S.C. § 242

22. Decoding Statutes

23. Index to Annotations

25. West's Ann.Cal.Educ.Code § 48907 West's Annotated California Codes Currentness Education Code (Refs & Annos) Title 2. Elementary and Secondary Education (Refs & Annos) Division 4. Instruction and Services (Refs & Annos) Part 27. Pupils (Refs & Annos) Chapter 6. Pupil Rights and Responsibilities (Refs & Annos) Article 1. Suspension or Expulsion (Refs & Annos) § 48907. Student exercise of free expressionStudents of the public schools shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not such publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material which so incites students as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school.

27. Facts and Statutory Law • Determine elements of requirements of statute-- • Apply your facts • Example—Rodney King Case and § 242

28. Identifying and Resolving Ambiguities in Language • Look to case law • Look to other statutes • Look to legislative history • Look to rules of construction • Look to public policy

29. Case Law • If a case has interpreted a statute that case must be followed under rules of stare decisis • Rule may not apply if statute had been amended or new statute enacted after case decided • Watch Your Dates!!

30. Case Law cont. • Case law interpreting similar language in other statutes • Is intent of statute the same • Is it in the same jurisdiction • Case Law interpreting same law in another jurisdiction or uniform laws • persuasive only

31. Review Other Code Sections • Many code sections contain definitions used in following codes

36. Determine Legislative Intent The intention of the Legislature or parties In the construction of a statute the intention of the Legislature, and in the construction of the instrument the intention of the parties, is to be pursued, if possible; and when a general and [a] particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it.

37. General Rules of Construction • Words to be construed in context of statute • Statutes construed in light of harm the legislature intended to address • Statutes on same subject to be read together • Statutes to be construed to preserve their constitutionality

38. Legislative History • Helps to determine legislative intent • Record of history of bill • bill in all of its forms • committee minutes • house discussions

39. Example • Home solicitation contract or offer means any contract, whether single or multiple, or any offer which is subject to approval, for the sale, lease, or rental of goods or services or both, made at other than appropriate trade premises in the amount of twenty-five dollars or more, including any interest or service charge. CC 1689.5

40. Hypothetical Facts • Jones recently purchased a new apple computer. When he gets home from work, he spends about 3 hours in the evening on the Internet. He recently discovered that Costco provides internet service at a discounted rate. On September 15 he received an e-mail offering to sell him a Kodak digital camera for $500. • Is this a home solicitation contract?

41. Elements of Statute • Contract or Offer • For sale, lease or rental • Of goods or services • Made at other than appropriate trade premises • $25 or more