Statute format is important for a paralegal to place careful attention upon. This is due to the convoluted nature of a statute to begin with. Statute format can be quite extensive in length as it is often comprised of various amounts of “subsections and cross-references.” The “Illinois Criminal Code,” alone, possesses pages surpassing that of 200. 

Particular sections may also include areas for the defining of specific terminology, jurisdiction per state, guidelines concerning varying mental states, consideration for individuals as “parties to a crime,” as well as a brief of all “affirmative defenses” included. Each subsection is referred to as an “article,” where each statute is, then, subdivided. For instance, the “Illinois Domestic Violence Act” or statute is subdivided into four articles: “General Provisions,” “Orders of Protection,” “Law Enforcement Responsibilities,” and “Health Care Services.”

Statutes are divided, in general, according to whether they are public laws or private laws, public, which are associated with the nation as a whole, and private, which deal with individual persons and their disputes or issues. Slip laws” are the form that statutes first take when created. They are comprised of one or a couple of pieces of paper containing individual pagination, which occurs at once, following the act’s passage. 

Each slip law contains a public or private digit according to its “congressional session number” and number attributed, depending upon the sequence provided. Following the creation of these papers, the slip laws are then gathered into volumes referred to as “session laws,” which are maintained in both the “United States Statutes at Large” and “United States Code Congressional and Administrative News” texts. Code, then, eventually arranges statutes according to the jurisdiction in which they reside under in terms of specified subject. Codified statutes can be found in three texts: “United States Code,” United States Code Annotated,” and “United States Code Service.”

Citations of the statutes are as follows: the title number, section number, and the year of citation. Within these texts, modifications are included. These include actual alterations as well as complete removal of laws due to the completion of repeals. The reason behind such codification is due to the fact that one specific statute may cover a range of areas. Just one may encompass that of government, labor, criminal, etc.

Within the U.S.C., statutes are arranged according to title, and each area is composed of 50 titles. Amendments are also included to reference the various changes it may have incurred throughout the length of its existence. “Unofficial codes” have also been published, which will allow paralegals to reference case summaries. The inclusion of such information will allow for future decisions to be made about statutes. An understanding the statute format is quite vital to the adequate completion of legal research as performed by any self-respecting paralegal.

When seeking out statutory law, paralegals must be aware of an important task that accompanies it, and that is of interpreting the constitution. This is significant because statutes are exercised according to what is set forth within the constitution. 

While the constitution maintains and authorizes the foundational doctrine of the law, statutes demonstrate how they will be put into practice in terms of their specific natures. Statutes take their cues from the constitution, and, thus, such a hierarchical relationship makes it vital for paralegals to be quite familiar with the intricacies of interpreting the constitution with the final goal of understanding the statutes themselves.

To begin with, the Supreme court holds the ultimate power when concerning both the institution and employment of federal and state laws or statutes. They possess the authority to decide and preside over any statutes that they find in violation of the constitution. Now equipped with the knowledge of how exactly statutes relate to the constitution, we will highlight the considerations involved in the actual interpretation of the constitution. In general, there exist five elements, which assist in such an interpretation. 

These consist of the following: its wording and framework, the intent behind its construction, precedence for it, the various results connected to areas such as economic and political due to additional interpretations, and finally, that of natural law. These areas of concerned may be compressed into four more specific titles of interest. These include the “textualist,” “intentionalist,” “pragmatist,” and the “natural law theorist.” The textualist is an individual who looks to the specific wording within the constitution in search of meaning, which they apply to their assertion of the lackluster ability of courts to garner “collective intent.”

An Inventionalist is one who maintains the intent of various parties, such as that of “ratifiers,” as a primary area necessary for constitutional interpretation to occur. Pragmatists look to other venues as they look very keenly upon precedence as a key to interpretation. They make use of the occurrences of multiple interpretations, which they would then seek in connection to their own. “Natural law theorists,” however, seem to be in contrast to all these aspects altogether as they look to aspects of “higher moral law,” and place it above law that they feel is at odds with what is just and right.

In constitutional law, which reigns over all interpretations of its text, all authority set forth must have its origins as stemming directly or indirectly from it. Since statutory law does enter at a level coming under the constitution, it is vital that paralegals do their research. 

Without a correct understanding as well as a firm grasp on the principles that lie within the constitution, there is little or no basis for which to even begin the journey towards the finding of statutory law, let alone its desired interpretation. It is important to be aware of the distribution of power within a country in order to apply all such sources in the correct ways in pursuit of your final goal of such pertinent interpretation.

Statute interpretation consists of four important steps that must be followed in order to guarantee its achievement. These include: acquisition of facts, location of relevant statutes, analyzing the aforementioned statutes, and the concluding results. 

Each step leads to the other in direct succession as the absence of any one will render the completion of such interpretation impossible. Attaining the appropriate facts will allow the paralegal to determine the course of action that must be taken in ascertaining what statute may then be relevant to the case. When seeking out such a relevant statute, then, it is vital that language be scrutinized as well as the intent involved. 

In addition to this is the importance of acknowledging the date in which a statute had been put into effect. If the date of your client’s case came prior to the advent of a particular statute, this would no longer be an appropriate candidate in terms of relevance. Assuming that you have determined a statute appropriate for your cause, analyzing would be the next viable step to be employed. This is comprised of actually breaking down the structure and components of a statute. 

In such a way, you will be able to discern any ambiguities that will undoubtedly arise as a result of complicated statutes. One route to start with would be to acquire one’s own interpretation of a statute aside from any additional sources. This will allow for a non-biased outlook as well as will improve your entire analysis of the statute. 

Consideration of opposing arguments will also ensure that such an examination is thorough in connection to the attorney’s prepared case. In conclusion of statute interpretation, the prior steps will have worked together in concurrence toward the efficient use of resources and time. Adequate adherence will allow for more attention to be placed on other vital aspects of the legal proceedings.