Statutes & Constitutions Advanced Legal Research January 26, 2009

The Importance of Statutory Research When you begin researching a legal issue, you should always check to see if there is a relevant statute More & more legislatures are enacting statutes in areas that were traditionally controlled by the common law.

When you begin researching a legal issue, you should always check to see if there is a relevant statute

More & more legislatures are enacting statutes in areas that were traditionally controlled by the common law.

The Importance of Statutory Research (cont’d) Starting research by looking up the controlling statute first is more efficient, because annotated codes contain case citations and references to other relevant secondary sources. Handout: Federal Reserve Act Westlaw

Starting research by looking up the controlling statute first is more efficient, because annotated codes contain case citations and references to other relevant secondary sources.

Handout: Federal Reserve Act

Westlaw

Researching Constitutional Provisions Free online sites http:// www.constitution.org/cs_found.htm Google Westlaw/Lexis Codes Constitution of the United States: Analysis & Interpretation

Free online sites

http:// www.constitution.org/cs_found.htm

Google

Westlaw/Lexis

Codes

Constitution of the United States: Analysis & Interpretation

Statutes -- Forms Slip laws : first version of newly enacted statute; issued by itself on a single sheet or as a pamphlet. Slip Law are identified by a public law number . Example: Pub. L. 105-416  416 th law of the 104 th session of Congress

Slip laws : first version of newly enacted statute; issued by itself on a single sheet or as a pamphlet.

Slip Law are identified by a public law number . Example: Pub. L. 105-416  416 th law of the 104 th session of Congress

Statutes – Forms (cont’d) Session Laws : in this form, statutes are arranged by each legislative term Constitute positive law Codes, unless enacted into positive law, are usually prima facie evidence of statutory law

Session Laws : in this form, statutes are arranged by each legislative term

Constitute positive law

Codes, unless enacted into positive law, are usually prima facie evidence of statutory law

Statutes – Forms (cont’d) Codes : statutory compilation by subject Only list the current laws in force Usually organized into a title, chapter, section structure

Codes : statutory compilation by subject

Only list the current laws in force

Usually organized into a title, chapter, section structure

Researching Statutes Slip Laws Federal Level: Issued in print Available at online through GPO Access in PDF format Library of Congress’ Thomas website has final version of bill; searchable by bill number not by public law number Searchable by public law number on Westlaw & Lexis

Slip Laws

Federal Level:

Issued in print

Available at online through GPO Access in PDF format

Library of Congress’ Thomas website has final version of bill; searchable by bill number not by public law number

Searchable by public law number on Westlaw & Lexis

Researching Statutes Slip Laws (cont’d) State level: Rarely widely distributed through paper State legislatures have the slip laws available online

Slip Laws (cont’d)

State level:

Rarely widely distributed through paper

State legislatures have the slip laws available online

Researching Statutes Session Laws At the federal level available through the Statutes at Large or USCCAN Free online sources ; through state’s site or other non-fee based sites . Westlaw / Lexis ; HeinOnline

Session Laws

At the federal level available through the Statutes at Large or USCCAN

Free online sources ; through state’s site or other non-fee based sites .

Westlaw / Lexis ; HeinOnline

Researching Statutes Codes Official v. Unofficial Unannotated Codes United States Code: Free online sites: Cornell LII , GPO Access State Codes: Official Codes in print Available through state government’s website: NJ

Codes

Official v. Unofficial

Unannotated Codes

United States Code:

Free online sites: Cornell LII , GPO Access

State Codes:

Official Codes in print

Available through state government’s website: NJ

Researching Statutes Features of Annotated Codes Finding Aids Descriptive Word Index: Westlaw Popular Name Table: Lemon Law Conversion Tables

Features of Annotated Codes

Finding Aids

Descriptive Word Index: Westlaw

Popular Name Table: Lemon Law

Conversion Tables

Researching Statutes Features of Annotated Codes (cont’d) Historical & Statutory Notes: Helpful in determining the intent of legislators References to other secondary sources Citations to cases construing the statute in question

Features of Annotated Codes (cont’d)

Historical & Statutory Notes: Helpful in determining the intent of legislators

References to other secondary sources

Citations to cases construing the statute in question

Researching Statutes Annotated Codes (cont’d) Federal: Print: USCA (West), USCS (Lexis) Online: Westlaw, Lexis State: Print: Title varies by state and publisher

Annotated Codes (cont’d)

Federal:

Print: USCA (West), USCS (Lexis)

Online: Westlaw, Lexis

State:

Print: Title varies by state and publisher

Researching Statutes: Updates Pockets parts Legislative Pamphlet Updates Westlaw/Lexis: section will note when it was last updated; very current usually Always check for last update on free website; might be out-of-date

Pockets parts

Legislative Pamphlet Updates

Westlaw/Lexis: section will note when it was last updated; very current usually

Always check for last update on free website; might be out-of-date

Researching Statutes: Keyword Searching This method of researching will be addressed more in-depth later in the course Usually, a good idea to limit your search as much as possible Caveat: keyword searching only pulls up individual code sections

This method of researching will be addressed more in-depth later in the course

Usually, a good idea to limit your search as much as possible

Caveat: keyword searching only pulls up individual code sections

Researching Statutes: Exercise What is the definition of ‘disability’ in the Americans with Disability Act? Westlaw Lexis Cornell Legal Information Institute: Lii

What is the definition of ‘disability’ in the Americans with Disability Act?

Westlaw

Lexis

Cornell Legal Information Institute: Lii

Researching Regulations Regulation : A rule or order, having legal force, usually issued by an administrative agency

Regulation : A rule or order, having legal force, usually issued by an administrative agency

Researching Regulations Federal Regulations Federal Register Print Free: GPO Access HeinOnline Westlaw/Lexis

Federal Regulations

Federal Register

Print

Free: GPO Access

HeinOnline

Westlaw/Lexis

Researching Regulations Federal Regulations (cont’d) Code of Federal Regulations 50 titles; organized by agency; updated by LSA Print: West publishing an excellent index; USCS has extensive references to CFR citations in statutory volumes GPO Access: CFR & eCFR (beta) HeinOnline Westlaw/Lexis

Federal Regulations (cont’d)

Code of Federal Regulations

50 titles; organized by agency; updated by LSA

Print: West publishing an excellent index; USCS has extensive references to CFR citations in statutory volumes

GPO Access: CFR & eCFR (beta)

HeinOnline

Westlaw/Lexis

Researching Regulations State regulations: vary by state; but usually are analogous to federal formats. NJ – Print Regulations – NJ Administrative Code : On Reserve; Finding Aid: Index Available usually on state’s web site: NJ Westlaw/Lexis

State regulations: vary by state; but usually are analogous to federal formats.

NJ – Print Regulations – NJ Administrative Code : On Reserve; Finding Aid: Index

Available usually on state’s web site: NJ

Westlaw/Lexis

Researching Court Rules Court Rules: rules regulating court proceedings. Different layers of the legal system have different court rules; sometimes there are overlapping court rules

Court Rules: rules regulating court proceedings.

Different layers of the legal system have different court rules; sometimes there are overlapping court rules

Researching Court Rules Locating Court Rules Annotated Codes Court’s web site -- 3d Cir -- or free web sites: LII Stand-alone volumes for state jurisdictions NJ: Gann Online West Court Rules of NJ Other secondary sources: NJ Practice & Federal Practice & Procedure

Locating Court Rules

Annotated Codes

Court’s web site -- 3d Cir -- or free web sites: LII

Stand-alone volumes for state jurisdictions

NJ: Gann Online

West Court Rules of NJ

Other secondary sources: NJ Practice & Federal Practice & Procedure

Researching Municipal Ordinances Vary from city to city Available often on the city’s web site and less and less in print

Vary from city to city

Available often on the city’s web site and less and less in print

Municipal Ordinances Some cities have private venders publish their codes online: E-Codes: http://www.generalcode.com/webcode2.html#newj Coded Systems Corporation: http:// www.codedsystems.com/newservices.htm -- Lexis: http:// municipalcodes.lexisnexis.com /

Some cities have private venders publish their codes online:

E-Codes: http://www.generalcode.com/webcode2.html#newj

Coded Systems Corporation:

http:// www.codedsystems.com/newservices.htm

-- Lexis:

http:// municipalcodes.lexisnexis.com /

Other Statutory Research Tools Multistate Research Sources Westlaw & Lexis: databases that search all state statutes comprehensively Cornell LII Topical Looseleaf Services: Labor Relations Reporter National Survey of State Laws (print) Subject Compilations of State Laws (print) Westlaw’s 50 State Surveys (SURVEYS)

Multistate Research Sources

Westlaw & Lexis: databases that search all state statutes comprehensively

Cornell LII

Topical Looseleaf Services: Labor Relations Reporter

National Survey of State Laws (print)

Subject Compilations of State Laws (print)

Westlaw’s 50 State Surveys (SURVEYS)

Other Statutory Research Tools Uniform Laws Many state’s laws are based on Uniform Laws (e.g. Model Penal Code) Uniform Laws Annotated available in print and online (Westlaw); the Uniform Acts are also available on Lexis; Cornell LII

Uniform Laws

Many state’s laws are based on Uniform Laws (e.g. Model Penal Code)

Uniform Laws Annotated available in print and online (Westlaw); the Uniform Acts are also available on Lexis; Cornell LII

Other Statutory Research Tools KeyCite and Shepard’s Citations You can enter a statutory citation into these databases to find additional cases and law review articles that construe or analyze the statute in question

KeyCite and Shepard’s Citations

You can enter a statutory citation into these databases to find additional cases and law review articles that construe or analyze the statute in question