What should be determined prior to researching a statute's legislative history?

Prior to researching a statute's legislative history, it is crucial to determine whether the judge would consider it in a particular case. This understanding is foundational because legislative history can shed light on the intent behind a statute, clarifying ambiguities and providing context that may influence judicial interpretation. If a judge is unlikely to consider legislative history due to the specific circumstances or legal standards applicable to the case, then conducting that research might not be necessary or beneficial for legal arguments.

In many jurisdictions, for example, the use of legislative history may be frowned upon or restricted in certain types of cases, particularly if the statute is clear on its face. Therefore, ascertaining the likelihood that a judge would entertain legislative history helps in deciding the relevance and focus of your legal research, guiding you toward more productive avenues based on current jurisprudence and judicial attitudes.