Statutory Interpretation: Case Study
Research Plan:
Statutory Interpretation
We will analyze potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing.
I. Statutory Interpretation
a. What will we need to research in order to properly analyze avenues for potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing?
i. Background for understanding statutory interpretation:
1. What are the basic method/ theories/ tools of statutory interpretation?
2. What is Massachusetts stance or practice on statutory interpretation? ii. Primary Source of discerning meaning of statutes:
1. Which statutes are applicable and may be interpreted?
2. Are there any established statutory hooks allowing judges to modify custody arrangement when facts have changed?
3. Are there any preambles or purpose clauses?
4. Is there a relevant definitions section?
5. Does the case law that interprets or discusses the text of the statute? (The case annotations by the annotated statutes, sherardize relevant section of the statute, research Westlaw or nexis lexis)
6. Are there administrative regulations or decisions guiding the interpretation and application of a statute (CFR, term or phrase, policy of statute) iii. Secondary Source of discerning meaning of …show more content…
2), 491 NE2d 283: A Mother sought an order from the judge which terminated visitation rights with child placed in foster care. The mother needed to prove that she was no unfit under 26. The judge held that “it would not be only inefficient but inhumane to call upon the parties each time to reestablish by proof facts already once established and not since altered. The proper focus of inquiry on a 26 review is on those facts which have undergone some metamorphosis since the previous order or are newly developed and, in consequence, alter the relationship between the biological parent and the
Statutory Interpretation
We will analyze potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing.
I. Statutory Interpretation
a. What will we need to research in order to properly analyze avenues for potential statutory and regulatory sources of authority for custody modifications and/or dismissals after the 72-hour hearing?
i. Background for understanding statutory interpretation:
1. What are the basic method/ theories/ tools of statutory interpretation?
2. What is Massachusetts stance or practice on statutory interpretation? ii. Primary Source of discerning meaning of statutes:
1. Which statutes are applicable and may be interpreted?
2. Are there any established statutory hooks allowing judges to modify custody arrangement when facts have changed?
3. Are there any preambles or purpose clauses?
4. Is there a relevant definitions section?
5. Does the case law that interprets or discusses the text of the statute? (The case annotations by the annotated statutes, sherardize relevant section of the statute, research Westlaw or nexis lexis)
6. Are there administrative regulations or decisions guiding the interpretation and application of a statute (CFR, term or phrase, policy of statute) iii. Secondary Source of discerning meaning of …show more content…
2), 491 NE2d 283: A Mother sought an order from the judge which terminated visitation rights with child placed in foster care. The mother needed to prove that she was no unfit under 26. The judge held that “it would not be only inefficient but inhumane to call upon the parties each time to reestablish by proof facts already once established and not since altered. The proper focus of inquiry on a 26 review is on those facts which have undergone some metamorphosis since the previous order or are newly developed and, in consequence, alter the relationship between the biological parent and the