Analysis of Applicable Law
- Created on 26 June 2010
- Last Updated on 17 March 2014
- Written by Fred M. Kray
- Hits: 1727
Analyis of Applicable Law
Obviously, you need to review all of the applicable law, including state, municipal and city ordinances.
In the Broward case, for example, three laws apply: State, County and Municipal law. So there are three different laws to interpret. Do they work together or are they interpreted totally separately? If they are read together, what if there are significant differences? I have been told that Coconut Creek has a municipal law that is less restrictive than Broward county law; yet Broward county is the one that investigated and is currently prosecuting the case.
I've never done any criminal law. But one has to ask why the County is taking it upon itself to prosecute and euthanize dogs when the city, the more local entity, has a greater interest. The legal ramifications of this will undoubtedly be sorted out on appeal. In general, though, the municipal ordinance trumps the County ordinance.