Statutory Research

Definition

Statutory research refers to the process of identifying, locating, and analyzing statutes or laws that are enacted by legislative bodies. This type of research is crucial because it helps legal professionals understand the legal framework governing specific issues, ensuring they are equipped to advise clients accurately and effectively. Statutory research plays a vital role in interpreting how laws apply to various situations, highlighting the importance of statutory language and legislative intent in legal practice.

5 Must Know Facts For Your Next Test

1. Statutory research is often the first step in legal research as it provides foundational information about the laws that govern specific issues.
2. Legal professionals must understand the hierarchy of laws, including how statutes interact with case law and regulations.
3. Statutory research involves not just finding statutes but also understanding their context, including amendments and legislative history.
4. Tools such as legal databases and government websites are essential for conducting effective statutory research.
5. Understanding the structure of statutes, such as sections and subsections, is important for accurately interpreting their meaning and application.

Review Questions

• How does statutory research contribute to a legal professional's ability to provide effective legal advice?
  • Statutory research is foundational for legal professionals as it equips them with the necessary understanding of applicable laws that affect their clients' situations. By analyzing relevant statutes, they can identify legal requirements, rights, and obligations that must be addressed. This knowledge allows attorneys to provide informed recommendations, ensuring compliance with the law while advocating for their clients' interests.
• What steps should a legal professional take when conducting statutory research to ensure comprehensive understanding of relevant laws?
  • When conducting statutory research, a legal professional should first identify the relevant jurisdiction and scope of the issue at hand. They should then utilize legal databases and government resources to locate primary statutes. It’s essential to review any amendments or related legislative history for context. Additionally, comparing statutes with relevant case law can provide deeper insights into how laws have been interpreted and applied in practice.
• Evaluate the importance of understanding legislative intent when interpreting statutes during statutory research.
  • Understanding legislative intent is crucial during statutory research because it informs how laws should be applied in real-world scenarios. By considering the purpose behind a statute and its underlying policy objectives, legal professionals can interpret statutory language more accurately and argue effectively in court. This evaluation helps in resolving ambiguities in statutory text and ensures that the law is applied consistently with its intended goals.

Related terms

Legislation: Legislation is the act of making or enacting laws, which can include statutes, ordinances, and codes passed by a governing body.

Case Law: Case law is the law established by the outcome of former court cases and judicial opinions, which can interpret and provide context to statutes.

Regulations:

Regulations are rules made by executive agencies based on statutes that govern specific activities or processes, providing detailed guidelines for implementation.