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In particular, this handout will address what to do before you begin interpreting a statute (Part I), tools of statutory interpretation (Part II), and theories of statutory interpretation (Part III) that can help inform which tools of interpretation you employ.
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What is statutory law?
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Statutory interpretation is the process where courts interpret and apply legislation; also known as statutory construction.
Mar 10, 2023 · primarily to the law’s text, or to its purpose? What tools should they use to discover the meaning of the text or the lawmaker’s purpose? How does their theory of interpretation influence their answers to the harder problems of application? This deceptively simple hypothetical has endured because it usefully illustrates the challenges of
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- Origins of Statutory Law
- How They Work
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Statutory laws may originate with national, state legislatures, or local governing bodies. Federal laws must be passed by both houses of Congress, the House of Representatives and the Senate, and then usually require approval from the President of the United States before they can take effect. In rare circumstances, the executive—the president or s...
Once a bill is passed by Congress and signed by the President it becomes a Public Law. The legislation receives a Public Law number based on the Congress and when it was issued. For example, P.L. 117-5would be the fifth law enacted in the 117th Congress. To become a fully enforceable statutory law a Public Law must be published three times. It is f...
“Statute.” Cornell Law School.https://www.law.cornell.edu/wex/statute.“United States Statutes at Large.” Library of Congress.https://www.loc.gov/collections/united-states-statutes-at-large/about-this-collection/.Jellum, Linda. “Mastering Statutory Interpretation.”Carolina Academic Press, (July 1, 2013), ISBN-10: 1611634563.Jellum, Linda. “Mastering Legislation, Regulation, and Statutory Interpretation.”Carolina Academic Press, (January 1, 2020), ISBN-10: 1531012027.- Robert Longley
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning.
Feb 18, 2015 · Although it is by no means entirely simple or straightforward, the process of statutory interpretation requires an effort to determine the meaning of a statute, typically a federal law passed by Congress. The process first involves an examination of the text of the law.
‘statutory application’ would have been a more innocuous term, although, as the text unfolds, the reader may come to the conclusion that, more often than not, interpretation is what is called for.
