How to Read a State Statute

State laws that are passed by the legislature and set out in formal, written form are called "statutes." Many legal areas, including landlord-tenant, child custody, probate and consumer protection are covered by state statutes. Because a statute can be dense and difficult to understand, it's helpful to have some tips on how to go about reading a state statute should the need arise. Read on to learn more.

Instructions

Difficulty: Moderate

1. Browse the index. State statutes are organized by topic and subtopic. By browsing the index or table of contents of the state statute you can get an idea of how the issue you are researching fits in with the larger whole.
2. Read the text carefully. State statutes can be complicated and wordy. Read the statutory language slowly and carefully to make sure you understand it, then read it again.
3. Note the use of any "ands," "ors," "mays," "shalls" and similar words. These words are key to reading and understanding a state statute. "And" means all elements of a series are required while "or" means that only one of the elements is required. "Shall" means you must do something while "may" means that you can do something but it is not required.
4. Look for ambiguity. Many legal disputes arise over the meaning of a particular state statute. Pay attention to any ambiguity or potential differences of meaning when reading a state statute.
5. Learn the ways statutes are interpreted. In interpreting statutes, courts look at the plain meaning of the statute, the purpose of the statute, how similar statutes have been interpreted in the past and the intent of the legislature in enacting the state statute. Keep these principles in mind when reading a state statute.
6. Check to make sure the statute is up to date. State statutes can be repealed or amended. Make sure the state statute you are researching is up to date by checking your state legislature's website to ensure that no bills have passed changing the statute since the date the state statute was enacted.

Tips & Warnings

• If there are any words you don't understand when reading a state statute, look them up. Most statutes have a section defining all relevant words in the statute.