Transcript Researching Federal Statutes

Research in Primary
Authority: Enacted Law
Kyle K. Courtney
Northeastern University Law
Plan for Today
 All About Statutes and Constitutions
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Review Constitutions and Amendments
Review Statutes (and their creation)
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a.k.a. ♫ I’m Just a Bill ♫
Finding statutes by subject
Find statutes by “popular name”
Session Laws
Where are we in the stages of a
Research Plan?
 familiarize yourself with the area of law –
secondary sources
 locate, read, and analyze primary authority
 make sure primary authority is good law –
cite check, validate, update
 when appropriate, locate additional primary
and secondary authorities
What is a constitution?
 Highest law of any democratic regime
 States the structure of the government,
powers of the government, and limits on the
government’s authority.
 United States Constitution
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1781 Articles of Confederation
1789 U.S. Constitution
Followed immediately by the Bill of Rights (the
first 10 Amendments)
How to Amend the U.S. Constitution
 A proposed Amendment first must pass two-
thirds of both Houses of Congress or the
legislature of two-thirds of the states.
 It then must be ratified by three-fourths of the
states.
 In 200 years only 27 Amendments have ever
made it through this entire process.
U.S. Constitution (cont’d)
 Creates the three branches of government
 Created Congress and empowers it to enact
legislation (and limits that power as well).
 Created the federal court system:
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Defines the jurisdiction of the federal courts
Creates process for nominating S.C. Justices
Grants Congress right to create lower fed. cts.
 Presidential Powers – veto, treaties, etc.
State Constitutions
 Similar to Federal Constitution
 More frequently Amended
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Public initiative, Public referendum, etc.
 Mirror the rights of the U.S. Const.
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May even grant additional rights, as long as
they do not conflict with the U.S. Const.
 Often located at the beginning of a state
annotated code or statute
Constitutions in General
 Broad Principles
 Many provisions have little detail or
explanation
 Organized by parts and subparts (Articles
and Clauses)
 When researching, Amendments usually
appear apart from the constitutions, as
separate provisions.
Researching Constitutions (for free!)
 Articles of Confederation
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Articles of Confederation. From The Founders' Constitution.
Articles of Confederation. From Yale's Avalon Project.
 Constitution
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Constitution of the United States of America. From Cornell's Legal
Information Institute.
Constitution of the United States. From the National Archives and
Records Administration.
Constitution of the United States. From Yale's Avalon Project.
 Text of the Bill of Rights
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Bill of Rights. From Cornell's Legal Information Institute.
Bill of Rights. From The Founders' Constitution. Includes the text of
Amendments 1 to 10, along with background documents.
Researching Constitutions
 “The Constitution of the United States of America:
Analysis and Interpretation”
http://www.gpoaccess.gov/constitution/
 Provides case summaries, historical information, and
extensive commentary.
 American Constitutional Law by Lawrence Tribe.
Treatise on constitutional law organized around
issues and constitutional functions. The text is heavily
footnoted with references to other treatises, law
review articles, the U.S. Code, and Supreme Court
cases.
Introduction to Statutes
 The primary source of law generated by the
legislative branch of the government is
statutory law. The laws enacted by the
Congress of the United States and the
legislatures of the several states are
customarily referred to as statutes.
 The enactments made on city and county
levels are called ordinances.
Statutes In General
Legislative Branch
Judicial Branch
An Act
Executive Branch
Agency
Regulations,
Decisions
Cases
Statutes
Statutory law, one of three primary sources of law in this country,
is at the heart of a majority of legal research problems.
Introduction to Statutes
An Act
Bill Passes
Congress
or State
Legislature
President
or
Governor
Signs Bill
A statute is created when Congress or a state legislature
passes a bill, and the president or governor signs it.
Introduction to Statutes
An Act
Bill Passes
Congress
or State
Legislature
President
or
Governor
Signs Bill
“Slip Law”
Once signed, the federal or state bill is published as a Slip Law
Introduction to Statutes
Bill Passes
Both Houses
of Congress
President
Signs Bill
Public Laws/
Session Laws
Session laws contain Public Laws
arranged in chronological order.
I’m Just a Bill ♫
Basic Provisions of a Statute
 Opening Provisions: the statute’s name, its
definitions, and scope.
 Operative Provisions: the general rule,
exceptions, consequences of violation, and
enforcement provisions.
 Closing provisions: severability, effective
date, “sunset” provisions.
How Cases and Statutes Differ
 Cases
 law made by courts
 decision only applies
to parties in case
before the court
 court’s ruling is limited
by factual situation in
case before it
 Statutes
 law made by legislature
 intended to apply to
broad categories of
persons
 intended to address
broad categories of
situations
 Constitutions
 supreme law in a
jurisdiction
 vague and general terms
Mandatory Authority:
Cases vs. Statutes
 Statutes are generally controlling
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but Cases are needed to interpret statutes
 Balance of Powers – Statutes can modify,
clarify, supplement, or overturn case law
 Balance of Powers – Cases can decide
whether statute applies to facts and can
assess constitutionality of statute
 Both can be new law not previously
covered by the other
Research Plan for Issue Covered
by Federal or State Statutes, Step 1
 Jurisdiction: Federal or State
 Type of Law: Enacted law (statutes)
 Preliminary Issue Statement:
 Step 1: If you are unfamiliar with the area of
law, spend 10 to 60 minutes familiarizing
yourself with the area of law by in a practice
book, in a hornbook, in a Nutshell, in a legal
encyclopedia, or in another secondary
source.
Research Plan for Issue Covered
by Statutes, Step 2
 Step 2: Locate, read, and analyze the
applicable United States Code/State Code
sections and cases that have interpreted or
applied those sections.
 Step 3: Cite check the statutes and cases to
make sure that they are still good law.
 Step 4: If appropriate, locate and read
additional primary and secondary authorities.
Introduction to Statutes
Bill Passes
Both Houses
of Congress
President
Signs Bill
Public Laws/
Session Laws
Session laws contain Public Laws
arranged in chronological order.
Sources for Statutes
 Slip laws and Session laws
 published/arranged by date enacted
 usually not used for most statutory research
 Annotated and Unannotated Codes
 arranged by topic
 include all statutes currently in force
 unannotated codes – use to get big picture, to
narrow search, or to print several sections
 annotated codes include statute, history, and
references to related resources, including cases
and secondary sources, updated frequently
Sources for U.S. Statutes
Statutes at Large
(Stat.)
The House Office of
the Law Revision
Counsel
United States Code
(U.S.C.)
Codes include all statutes currently in force.
Codes are arranged in order by topic/subject.
Codification = Arrangement by Topic
Americans with Disabilities Act of 1990,
Pub. L. No. 101-336, 104 Stat. 327
Americans with Disabilities Act of
1990, 42 U.S.C. §§ 12101-12213
Notice that the titles and sections in the Public
Law change when the statute is codified.
Sources for U.S. Statutes
U.S.C.S.
or
•historical notes
United States Code •references to secondary sources
(U.S.C.)
•notes of decisions
Annotated codes are usually updated more
frequently than unannotated codes.
U.S.C.A.
How to Research Statutes
 1. Select an appropriate annotated code
 2. Use the index or statutory outlines or
popular names table
 3. Locate the statute’s current language in
the main volume or updating materials
 4. Study the correct and complete statutory
language
 5. Review the annotation: case descriptions,
secondary sources, and notes
1. Select an appropriate annotated code
 Federal Statutes appear in two unofficial codes:
 United States Code Annotated (USCA)
 United States Code Service (USCS)
 Also United States Code (USC) is the official code
published by the government
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The U.S.C. is completely revised approximately every
six years. In the intervening years, revisions are made
to various titles through cumulative bound
supplements.
 Advantage: the unofficial codes
 Published frequently
 Update frequently
FTC Act, 15 U.S.C. § 45(a)
2. Use the Index, Outlines, or Tables
 Index approach is the best method
 USCA/USCS both have a multivolume index
(issued annually)
 USCA/USCS also have an individual title
index (located at end of the title)
2. Use the Index, Outlines, or Tables
 Second best method is to use the statute’s
outlines
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First start with a list of titles;
Then move to a list of chapters within the title;
Then to a list of sections within a chapter.
 http://www.law.cornell.edu/uscode/
Federal Trade Commission Act,
Beginning of Outline
2. Use the Index, Outlines, or Tables
 Use the Popular Names Table
 Some, but not all, statutes have official or popular
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names.
USCA: Popular Names Table volume
USCS Tables volumes include a table of popular
names.
Ex. National Voter Registration Act of 1993 (“Motor
Voter” Law)
Ex. “The Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001”
Popular Name Table U.S.C.A.
3.
Locate the current language and
updating materials
 Usually, current language will be in the main
volume - sometimes it is found in the updates
 Codes are updated in stages:
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1. Pocket part or supplement pamphlet
2. Newer information appears in supplements
shelved at end of code.
3. Advanced legislative service provides
language of newly enacted laws (no annotated
materials)
4.
Study the correct and complete
statutory language
 Read through the statute as a whole:
 Examine the statement and purpose
(introductory sections)
 The definitions and scope
 The general rule and exceptions
 Consequences or enforcement provisions
 Statute’s history, enactment dates, and
evolving statutory language
 Pay close attention to references to different
sections or other statutes
5. Review the annotation
 Biggest advantage: case annotations
 “Notes of decisions" in the U.S.C.A. and “Interpretive
notes and decisions" in the U.S.C.S.
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Organized topically by a subject index.
 Check the pocket part!
 Check both the U.S.C.A. and U.S.C.S. when
researching a statute - they contain references to
different sources.
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Ex. U.S.C.A., (West), provides West Topic and Key
Numbers and refers to other West publications.
U.S.C.S refers to A.L.R. annotations and other
sources.
**Updating Statutes**
For print codes
 For the U.S.C.A. and U.S.C.S., check the pocket part. For
the U.S.C., check the bound supplement for the most recent
year.
 The U.S.C.A. and U.S.C.S. both periodically publish
softbound pamphlets that update the annual pocket parts.
 U.S.C.A. - find the most recent softbound pamphlet (usually kept
at the end of the set after the General Indexes) and consult the
table called "U.S. Code Sections Amended, Repealed, New,
Etc.“ The pamphlets are organized by Public Law No.
 U.S.C.S. - The Cumulative Later Case and Statutory Service is
organized by US Code citation and contains new and amended
legislation, and new case citations. Use the "Table of Code
Sections added, amended, repealed, or otherwise affected." .
**Updating Statutes**
 Because a lag time exists due to the time it
takes to publish these update pamphlets and
for libraries to receive them, further updating
is always necessary on Lexis, Westlaw, or
free Internet sites such as the U.S. House of
Representatives or Thomas.
Researching Statutes in Session Laws
 Occasionally a topic will require research in
session laws:
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If pertinent material is prior to the present code
Track changes of code from year to year
Session laws contain ALL laws enacted during
a legislative session, including private laws
and temporary laws that are not codified
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“private laws” – laws which affect a particular
person or specific situation, generally not in code
Researching Statutes in Session Laws
 Locate the pertinent law by its public law
number (from the code) or through the
session laws’ subject index
 United States Statutes at Large (Statues at
Large or Stat.) - official compilation of federal
session laws.
 United States Code Congressional and
Administrative News (USCCAN) – is the
unofficial publication.
Statutes at Large
 Organized by Public Law Number
 Find the Public Law Number in an annotated
code
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Ex. Pub.L. 98-288
 If no reference to public law number:
 Statutes at Large volumes contains a subject
index that is unique to the acts in that volume
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Also:
http://www.gpoaccess.gov/statutes/index.html
State Session Laws
 Example Massachusetts
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The session laws passed by the
Massachusetts legislature first appear as slip
laws. Later they are officially published in the
Acts & Resolves of Massachusetts.
Also available online for free at
http://www.mass.gov/legis/laws/seslaws.htm
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Word and Phrase Searchable
How to Search Statutes in Online
 Advantage of databases and online formats
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Information is very current
Databases are cumulative
Move easily through sections of the statute or
to other references
How to Search Statutes in Online
 Select an appropriate service and code
database
 Run one or more searches
 Obtain and study the current, correct, and
complete statutory language
 Review the annotations
 Conduct addition searches as needed
Selecting the Code Database
 For research  Annotated Code
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The current USCA and historical versions
going back to 1996 are available through
Westlaw (USCA)
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TOC, Popular Name Table, Subject Index, etc.
The current USCS is also available for
browsing or searching through Lexis (USCS)
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TOC, Popular Name Table, Statutes at Large
Table, etc.
 United States Code
Selecting the Code Database
 U.S. Statutes at Large
 Lexis (USSALT) has the Statutes-at-Large Table which
lists Public Laws enacted from 1789 to Present.
 Westlaw (US-STATLRG) United States Statutes at
Large 1789 – 1972.
 Westlaw also has the statutes enacted 1973 to 2004
available for searching. (US-PL-OLD)
 Public Laws (Slip Laws)
 Lexis (USCS - Public Laws)
 Westlaw (US-PL)
Statutes on Public Websites
 There are many websites that have statutory
material, but they vary in depth
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Credibility
Currency of information
Means of access
Information beyond statutory language itself
 Focus on legislative websites, government
agency sites, or other credible sources.
Statutes on Public Websites
 Public websites not as useful as fee services
or print
 $$ Free $$
Statutes on Public Websites
 U.S. Code
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Official Code is available online:
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GPO Access
Cornell's Legal Information Institute
FindLaw
U.S. House of Representatives
Statutes on Public Websites
 Statutes at Large
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A free site for statutes passed by the 1st
through the 42nd Congresses (1789-1873)
from the Library of Congress.
 Slip Laws
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THOMAS - From the Library of Congress
http://thomas.loc.gov/bss/d109/d109laws.html
 Massachusetts online Statutes -
http://www.mass.gov/legis/
Constitutions on Public Websites
 Constitutions
 Legal Information Institute. Provides links to
the constitutions of all 50 states and the
District of Columbia.
 FindLaw: State Constitutions. Another free site
providing links to the constitutions of each of
the 50 states.
 U.S. States and Territories by the Law Library
of Congress. A free site providing links to
constitutions, statutes, cases, regulations, and
other information from each of the 50 states.
Local Ordinances
 Traditionally, the Town Clerk’s Office
 Internet
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Municipal Code Corporation
Sterling Codifiers
American Legal Publishing
Uniform Act
 Uniform acts are proposals for statutes
drafted by various organizations that seek to
standardize the law of the 50 states. (Ex. The
Uniform Commercial Code)
 National Conference on Uniform State Laws
 American Law Institute
 Sections of the ABA and the Council of State
Governments
What We Covered Today
 All About Statutes and Constitutions
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Review Constitutions and Amendments
Review Statutes (and their creation)
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♫ I’m Just a Bill ♫
Finding statutes by subject
Find statutes by “popular name”
Session Laws