legislation > animal law
There are many animal issues that touch our lives, and require legal action.
To amend old laws or create new animal protection/welfare legislation, Minnesota needs informed citizens, animal advocates, and progressive state and local government.
Minnesota also requires a legal system that accepts ‘animal law’ as a valid practice; lawyers who are educated and trained in animal-related legal issues; and judges who will listen and acknowledge the cultural changes towards animals.
Contact for further information about Animal Law nationwide are:
Minnesota State Bar Association (MSBA)
In June 2003, the Minnesota State Bar Association (MSBA) created an Animal Law Committee. In June 2004, the MSBA granted the Animal Law Committee section status, making it an integral part of the association.
Three types of law
There are three types of law: Statutory Law, Case Law, and Administrative Law. This is important to know when making new laws for the humane treatment of animals or challenging current laws and decisions in Minnesota.
• Statutory laws
Statutory laws are the laws debated and enacted by the legislature. These written laws are called statutes. Federal or state legislators wanting to set policy for their country or state — for instance, prohibit people from committing egregious acts against people or animals — will enact statutes.
• Case Law (also known as judicial or decisional law)
Case laws are laws made by judges. Lawyers cite statutes or case law about a particular issue in order to help inform the judge about the issue and sway his or her decision.
Judges make their decisions based on judicial opinions already made; in other words, they find, review, and interpret prior cases, existing statutes, or other legal authority which will give them guidance when making their decision.
In Minnesota, judges first look at laws or legal writings that exist in Minnesota. Next, they will turn to laws in neighboring states, with the assumption that ‘our neighbors’ are similar to us in how we live and behave. And lastly, when forming a decision, judges will look to other states or countries for laws or actions that may apply to Minnesota.
• Administrative (or regulatory) Law
Administrative law refers to the body of law that individual units of government, such as government boards or commissions, create and must follow. If the legislature passes a law, for instance, and delegates it to a particular agency to administer, that agency may define the ‘details’ of the law. Rule-making is one example. If specific regulations are required for a law (and they weren’t included in the law), a government agency may be ordered to make those rules.
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