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CHAPTER 7 - PowerPoint PPT Presentation

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CHAPTER 7
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  1. CHAPTER 7 Statutory and Constitutional Analysis

  2. The BluebookRule 8 - Capitalization • First word in titles and headings • The word following a colon • Nouns that identify specific: • Groups • Persons • Government offices • Government bodies and groups

  3. The BluebookRule 8 - Capitalization • Do not capitalize: • Prepositions of four or fewer letters • Conjunctions of four or fewer letters

  4. The BluebookRule 8 - Capitalization • Act • Only when referring to a specific act • Circuit • Only when referring to a specific circuit • Code • Only when referring to a specific code

  5. The BluebookRule 8 - Capitalization • Constitution • When referring to the U.S. Constitution • Naming a constitution in full • Judge • When naming a specific judge • Referring to a U.S. Supreme Court Justice

  6. Statutory Analysis • Outline statutory language • Elements and requirements • Review case law interpreting code provisions • Review other code sections • Definitions • Be aware of implimentation dates • Review legislative history

  7. Applying Statutory Law to a Fact Pattern • Follow the IRAC approach • “I” state the ISSUE • “R” state the RULE of law that applies • “A” ANALYZE the situation by applying the law to the facts • “C” reach a CONCLUSION

  8. Constitutional Analysis • Consider the impact of federalism • Express federal powers • Implied federal powers • Concurrent shared powers • Preemption • The Supremacy Clause