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Statutory Construction

Definition

The process of determining what a particular statute means so that a court may apply it accurately.

Overview

Any question of statutory interpretation begins with looking at the plain language of the statute to discover its original intent. To discover a statute's original intent, courts first look to the words of the statute and apply their usual and ordinary meanings.

 

Federalism

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government governs issues that affect the entire country, and smaller subdivisions govern issues of local concern. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other. The United States has a federal system of governance consisting of the national or federal government, and the government of the individual states.

Federal Sentencing Guidelines

The Federal Sentencing Guidelines are non-binding rules that set out a uniform sentencing policy for defendants convicted in the United States federal court system that became effective in 1987. The Guidelines provide for “very precise calibration of sentences, depending upon a number of factors. These factors relate both to the subjective guilt of the defendant and to the harm caused by his facts.” Payne v. Tennessee, 501 U.S. 808, 820 (1991).

United States Court of Federal Claims

 

The United States Court of Federal Claims is a federal court of limited jurisdiction. The Federal Courts Improvement Act of 1982 abolished the original Court of Claims and the Court of Customs and Patent Appeals and replaced those courts with the newly created United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims.

Real estate transactions

real estate transactions: an overview

Real estate transactions are governed by a wide body of federal statutes and a combination of state statutes and common law. The requirements established by state law often differ significantly from one state to the next.

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Federal Material

U.S. Constitution and Federal Statutes

Federal Judicial Decisions

State Material

State Statutes

Judicial Decisions

Other References

Key Internet Resources

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Category: Commercial Transactions

Unemployment compensation

Unemployment Compensation law: an overview

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Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

Federal Judicial Decisions

State Material

State Statutes

Judicial Decisions

Other References

Key Internet Sources

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Workplace safety

Workplace safety: an overview

Workplace safety and health laws establish regulations designed to eliminate personal injuries and illnesses from occurring in the workplace. The laws consist primarily of federal and state statutes. Federal laws and regulations preempt state ones where they overlap or contradict one another.

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Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

Federal Judicial Decisions

State Material

State Statutes

Judicial Decisions

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

other topics

Category: Employment Law

Workers compensation

Workers' Compensation: an overview

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Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

Federal Judicial Decisions

US Constitution

State Material

State Statutes

State Judicial Decisions

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

other topics

Pollution

Pollution: an overview

Pollution is the contamination of air, water, or earth by harmful substances. Concern for pollution developed alongside concerns for the environment in general. See Environmental law. The advent of automobiles, increased chemical wastes, nuclear wastes, and accumulation of garbage in landfills created a need for legislation specifically aimed at decreasing pollution.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

Other References

Useful Offnet (or Subscription - $) Sources

other topics

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