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Legal Research for the Legal
Assistant:
How to Find Statutes
(Federal & New York)
Janice E. Henderson, Esq., M.L.S.
Federal Statute Research:
How A Law Is Made
 A proposed law may be introduced into either
chamber of the Congress as a bi...
Federal Statute Research:
Bills
 Bills are given a number.
◦ House of Representatives: H.R. 1
◦ Senate: S. 1
Types of Bil...
Federal Statute Research:
Bills to Laws
 When a bill is passed in identical form
by both the Senate and the House, it
is ...
Federal Statute Research:
Bill Becomes Law
 Bill is sent to the President.
President can either:
 Sign the bill and make...
Federal Statute Research:
Law
 After the bill is signed into law it is now
given a public law number.
◦ Example: P.L. 109...
Federal Statute Research:
Public Law
7
Federal Statute Research:
Federal Statutes
Official
 United States Code (U.S.C.)
Unofficial
 United States Code Annotate...
Title 1, General Provisions
Title 2, The Congress
Title 3, The President
Title 4, Flag and Seal, Seat of Government, and t...
United States Code
Annotated
How to Use this Title
 General Subject Index
 Individual Title index
 Popular Name Table
...
United States Code
Annotated
11
United States Code Annotated:
Updating Statute
12
Federal Statute Research:
Resources for Laws
 Congressional Record (Cong. Rec.): Contains the
bills and debates.
 Statut...
Federal Statute Research:
Electronic Resources for Laws
 GPO Access: www.gpoaccess.com
 Thomas: http://thomas.loc.gov
 ...
Federal Statute Research:
Legislative History
 Committee Hearings
 Debates
 Committee Reports
 Bills and/or Law
15
Federal Statute Research:
Legislative History
16
Federal Statute Research:
Legislative History Resources
 Congressional Record contains debates and the
senator’s and repr...
Federal Statute Research:
Legislative History Resources
 Committee Reports:
http://thomas.loc.gov/cp109/cp109query.html
...
New York State Statute
Research
 Bills
◦ Senate, ex. S.00001
◦ Assembly, ex. A.00001
 Once signed by the Governor the bi...
New York State Statutes
 McKinney’s Consolidated Laws of
New York (Thomson-West)
 McKinney’s Consolidated Laws of
New Yo...
New York State:
Statute Research Resources
 New York State Legislature:
http://public.leginfo.state.ny.us/menuf.cgi
 New...
New York State
Legislative History Resources
 Bill Jacket
 New York Legislative Annual
 New York City Legislative Annua...
New York City Legislation
 New York City Council is the
legislative body for New York City.
 Once a bill is signed by th...
New York City Legislation
LOCAL LAWS
OF
THE CITY OF NEW YORK
FOR THE YEAR 2006
No. 4
Introduced by Council Members Addabbo...
New York City Legislation
 New York City Charter
◦ http://public.leginfo.state.ny.us/LAWSSEAF.c
gi?QUERYTYPE=LAWS+&QUERYD...
The End
26
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Legal Research For The Legal Assistant: How To Find Statutes (Federal & New York)

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Training presentation for inexperience paralegals on how to find statues for federal and New York jurisdictions.

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Legal Research For The Legal Assistant: How To Find Statutes (Federal & New York)

  1. 1. Legal Research for the Legal Assistant: How to Find Statutes (Federal & New York) Janice E. Henderson, Esq., M.L.S.
  2. 2. Federal Statute Research: How A Law Is Made  A proposed law may be introduced into either chamber of the Congress as a bill or a joint resolution.  The bill/joint resolution is printed and referred to one or more committees for review.  Published in Congressional Record: ◦ http://thomas.loc.gov/ (From 101st Congress (1989)) ◦ http://beta.congress.gov/congressional-record (From 1985, vol. 141), or ◦ http://www.gpoaccess.gov (Scattered years from 1968) 2
  3. 3. Federal Statute Research: Bills  Bills are given a number. ◦ House of Representatives: H.R. 1 ◦ Senate: S. 1 Types of Bills  Public Bills ◦ Public bills pertain to matters that affect the general public or classes of citizens  Private Bills ◦ Private bills affect just certain individuals and organizations. 3
  4. 4. Federal Statute Research: Bills to Laws  When a bill is passed in identical form by both the Senate and the House, it is sent to the president for his signature. Different Bill Versions  Joint Conference 4
  5. 5. Federal Statute Research: Bill Becomes Law  Bill is sent to the President. President can either:  Sign the bill and make it law.  Veto the bill. ◦ If Congress is still in session the original House can override a veto by the required two-thirds vote. ◦ If the other House also overrides the veto with two-thirds vote, the bill becomes law. 5
  6. 6. Federal Statute Research: Law  After the bill is signed into law it is now given a public law number. ◦ Example: P.L. 109-1  The official publication for public laws is: United States Statutes at Large. It’s abbreviation is: Stat. ◦ It also contains concurrent resolutions, reorganization plans, proposed and ratified amendments to the Constitution, and proclamations by the President. 6
  7. 7. Federal Statute Research: Public Law 7
  8. 8. Federal Statute Research: Federal Statutes Official  United States Code (U.S.C.) Unofficial  United States Code Annotated (U.S.C.A.) – Thomson-West  United States Code Service (U.S.C.S.) - LexisNexis 8
  9. 9. Title 1, General Provisions Title 2, The Congress Title 3, The President Title 4, Flag and Seal, Seat of Government, and the States Title 5, Government Organization and Employees; and Appendix Title 6, Domestic Security Title 7, Agriculture Title 8, Aliens and Nationality Title 9, Arbitration Title 10, Armed Forces; and Appendix Title 11, Bankruptcy; and Appendix Title 12, Banks and Banking Title 13, Census Title 14, Coast Guard Title 15, Commerce and Trade Title 16, Conservation Title 17, Copyrights Title 18, Crimes and Criminal Procedure; and Appendix Title 19, Customs Duties Title 20, Education Title 21, Food and Drugs Title 22, Foreign Relations and Intercourse Title 23, Highways Title 24, Hospitals and Asylums Title 25, Indians Title 26, Internal Revenue Code; and Appendix Title 27, Intoxicating Liquors Title 28, Judiciary and Judicial Procedure; and Appendix Title 29, Labor Title 30, Mineral Lands and Mining Title 31, Money and Finance Title 32, National Guard Title 33, Navigation and Navigable Waters Title 34, Navy (Repealed) Title 35, Patents Title 36, Patriotic Societies and Observances Title 37, Pay and Allowances of the Uniformed Services Title 38, Veterans' Benefits; and Appendix Title 39, Postal Service Title 40, Public Buildings, Property, and Works Title 41, Public Contracts Title 42, The Public Health and Welfare Title 43, Public Lands Title 44, Public Printing and Documents Title 45, Railroads Title 46, Shipping; and Appendix Title 47, Telegraphs, Telephones, and Radiotelegraphs Title 48, Territories and Insular Possessions Title 49, Transportation Title 50, War and National Defense; and Appendix United States Code Titles 9
  10. 10. United States Code Annotated How to Use this Title  General Subject Index  Individual Title index  Popular Name Table  Classification Table: http://uscode.house.gov/classificatio n/tables.shtml 10
  11. 11. United States Code Annotated 11
  12. 12. United States Code Annotated: Updating Statute 12
  13. 13. Federal Statute Research: Resources for Laws  Congressional Record (Cong. Rec.): Contains the bills and debates.  Statutes at Large (Stat.): Contains the slip laws.  United States Code Congressional & Administrative News (U.S.C.C.A.N.): Contains the public laws.  United States Code (U.S.C.): Contains the laws broken into topics. 13
  14. 14. Federal Statute Research: Electronic Resources for Laws  GPO Access: www.gpoaccess.com  Thomas: http://thomas.loc.gov  Congress.com: http://beta.congress.gov  House of Representatives: http://uscode.house.gov/browse.xhtml; jsessionid=5996109342EFFEEC003B 9D9E7D340C7C 14
  15. 15. Federal Statute Research: Legislative History  Committee Hearings  Debates  Committee Reports  Bills and/or Law 15
  16. 16. Federal Statute Research: Legislative History 16
  17. 17. Federal Statute Research: Legislative History Resources  Congressional Record contains debates and the senator’s and representative’s comments.  U.S.C.C.A.N. contains major Congressional Committee Reports, Presidential Signing Statements and Proclamations, Executive Orders, Reorganization Plans, President’s Messages, Federal Regulations for the U.S. Federal government, Proposed Constitutional Amendments, Federal Court Rules and Sentencing Guidelines. 17
  18. 18. Federal Statute Research: Legislative History Resources  Committee Reports: http://thomas.loc.gov/cp109/cp109query.html  House of Representative Committee Hearings: http://commdocs.house.gov/committees/  Senate Committee Hearings: http://www.access.gpo.gov/congress/senate/senat e11sh.html  Hearings for Both Houses: http://www.gpoaccess.gov/chearings/index.html  Congress.com: http://beta.congress.gov/committees 18
  19. 19. New York State Statute Research  Bills ◦ Senate, ex. S.00001 ◦ Assembly, ex. A.00001  Once signed by the Governor the bill will become a law. ◦ Ch. 1 of 2006 19
  20. 20. New York State Statutes  McKinney’s Consolidated Laws of New York (Thomson-West)  McKinney’s Consolidated Laws of New York – Consolidated Edition (Thomson-West)  Consolidated Laws of New York (LexisNexis) 20
  21. 21. New York State: Statute Research Resources  New York State Legislature: http://public.leginfo.state.ny.us/menuf.cgi  New York State Assembly: ◦ Bills: http://assembly.state.ny.us/leg/ ◦ Laws: http://public.leginfo.state.ny.us/menugetf.cgi?COMM ONQUERY=LAWS  New York State Senate: http://www.nysenate.gov/open  New York Legislative Bill Jackets (from 1995): http://iarchives.nysed.gov/PubImageWeb/listCo llections.jsp?id=68007 21
  22. 22. New York State Legislative History Resources  Bill Jacket  New York Legislative Annual  New York City Legislative Annual Electronic:  New York Legislative Bill Jackets (from 1995 to 2011): http://iarchives.nysed.gov/PubImageWeb/lis tCollections.jsp?id=68007 22
  23. 23. New York City Legislation  New York City Council is the legislative body for New York City.  Once a bill is signed by the Mayor it becomes a local law. ◦ Local Law 4 of 2006  NYC Council Website:http://legistar.council.nyc.gov/ Legislation.aspx 23
  24. 24. New York City Legislation LOCAL LAWS OF THE CITY OF NEW YORK FOR THE YEAR 2006 No. 4 Introduced by Council Members Addabbo Jr., Nelson, Seabrook and Stewart (by request of the Mayor). A LOCAL LAW To amend the administrative code of the city of New York in relation to members of the fire department who formerly served as police officers. Be it enacted by the Council as follows: Section 1. Paragraph 1 of subdivision a of section 15-111 of the administrative code of the city of New York, as amended by chapter 645 of the laws of 1998, is amended to read as follows: (1) Any member of the uniformed force of the fire department, who immediately prior to his or her appointment or employment as such, has served or shall have served as a member of the police force of the police department, shall have the time served by such member in such police department counted as service in the fire department in determining his or her [compensation, promotion,] retirement and pension in such department as herein or otherwise provided, upon condition that he or she shall contribute to the appropriate fire department pension fund a sum equal to the amount which he or she would have been required to contribute had the time served in the police department been served in the fire department. §2. This local law shall take effect immediately and shall apply to persons who join the uniformed force of the fire department on or after the effective date. THE CITY OF NEW YORK, OFFICE OF THE CITY CLERK, s.s.: I hereby certify that the foregoing is a true copy of a local law of the City of New York, passed by the Council on April 5, 2006 and approved by the Mayor on April 10, 2006. VICTOR L. ROBLES, City Clerk of the Council 24
  25. 25. New York City Legislation  New York City Charter ◦ http://public.leginfo.state.ny.us/LAWSSEAF.c gi?QUERYTYPE=LAWS+&QUERYDATA=@ LLNYC+&LIST=LAW+&BROWSER=BROWS ER+&TOKEN=48844505+&TARGET=VIEWN ew  New York City Administrative Code ◦ http://public.leginfo.state.ny.us/LAWSSEAF.c gi?QUERYTYPE=LAWS+&QUERYDATA=@ LLADC+&LIST=LAW+&BROWSER=BROWS ER+&TOKEN=48844505+&TARGET=VIEW 25
  26. 26. The End 26

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