Statutory term analysis
   HOME

TheInfoList



OR:

Statutory term analysis is a method of analyzing a statutory term in a
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
to ensure that it is
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, not a judge, who has the power to make laws under Article I, section 8, clause 18 of the U.S. Constitution (the
Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause g ...
). The Statutory Term Analysis (STA) method includes using only the text of th
United States Congressional Record
as evidence of the legal meaning of a term in a federal statute and provides new detailed
federal rules of evidence First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local v ...
to a judge on how the judge (or judges) is to consider the timing, weight, and order of analysis of that evidence in the court-issued opinion. Law of the United States Statutory law {{US-law-stub