Statute Analysis and History

Paper Summary:

In order to understand how to apply a law in a particular case, the attorney must research the history of the laws that apply and how they have changed over time to become their present form. One must also research past cases where the law has been used to understand how the law might be interpreted by various judges that have ruled on it. The paper shows that the process for discovering the relevant information pertaining to a law has no set methodology. No massive source exists that contains all of the needed information on a law. The paper analyzes the process for discovering the history and changes that have occurred so that it can be properly applied to the case.

From the Paper:

"The first three phases of research involve locating primary sources of research. After these sources are exhausted one can then turn their attention to secondary sources such as those published by trade associations, law journals, books and individual corporate policies (Brandeis University, 2003). However, these sources should be a last resort and cannot be used to clarify the language of the law. They may spark some interesting fuel for argument. One may find that some of these professional associations have testified in the Congressional record. Newspapers and professional publications may offer some assistance in compiling this information."

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