If things did not go so well in the trial court, an attorney may want to return to the books for more research for the appellate briefing. In cases involving statutory issues, there may be relevant law that has not been codified that may make the difference.
It’s easy to assume that the code book in your hand or the sections that appear initially on the computer screen contain all the laws. Not so. Legislatures enact many laws that are not codified at all or are codified only in part. Common examples include:
Preambles and recitals. See generally Arkansas State Police Comm’n v. Davidson, 253 Ark. 1090, 490 S.W.2d 788, 789-90 (1973); Ky.Op.Atty.Gen. 82-566 (Nov. 5, 1982); Wesley Chapel Bluemount Ass’n v. Baltimore County, 347 Md. 125, 699 A.2d 434, 435 (1997) (statement of “legislative policy undergirds and pervades the Act and necessarily sets the general direction for its interpretation”); Continue reading