Re: Statutory Interpretation Techniques

Interpretation of a statute is based on the principle of precedents. If you look up a statute in an annotated code book, each statute is followed by a summary of cases that have dealt with that particular statute. By reading several cases that refer directly to that statute, you will begin to get an idea how courts have interpreted that statute in the past. Each case relies on and gives great credence to earlier cases, "the principal of precedants." Subsequently, any current case regarding a statute will be decided the same way that similar cases have been decided in the past.

Every statute can be read differently and the secret of having your interpretation be the same the court decides is couching your interpretation directly from the principles set forth in the precedent setting cases. There are also various law reviews that discuss various cases and statutes that can be found in the law library that are also referenced in the annotated code books. Good luck.

Re: Statutory Interpretation Techniques

Statutory interpretation, or statutory construction, is the process by which courts determine what the legislature meant in drafting and enacting the particular words of a statute.

This is necessary because words and strings of words can be construed differently, especially when judges attempt to apply statutes to unusual sets of facts in the cases before them.

For example, the Unruh Civil Rights Act makes discrimination by business establishments unlawful. It's clear that General Motors is a business establishment.....but in one case the California Supreme Court was called upon to decide whether the Act applied to a school district. Yes, the court said, the legislature intended the term "business establishment" to be broad enough to include a school district....even though the average person might not think of a school operation as a business.

Tools used by courts to make such interpretations include legislative history (e.g. what proponents and opponents said the proposed law would do in legislative debate, etc.), that law's place in an overall scheme of legislation, public policy, constitutionality, and, very importantly, prior rulings of courts on the same or similar law(s).

Argument before a court to press for one interpretation or another is an art that calls for thorough research and preparation, a good command of legal principles in general, and skills in logic, persuasion and debate.

Re: Statutory Interpretation Techniques

I will add just a couple of things to those mentioned by the other lawyers. The reason a court may have to interpret a statute is that it may not be exactly clear how it applies to the case the judge is trying to decide. There are various rules that the judge will follow to try to make the statute make sense. Check out Nolo Press's Legal Research book, it has a good section on this issue written for laypeople.