Legal
Research Class Notes
OSCAR!
The
more exotic the source for your books, the higher the fines
are!
Statutes
& Legislative History
Statutes
are laws that originate in the
legislative branch. Statutes are
distinct from court decisions and administrative regulations.
Why
are statutes important? Contemporary
American law is based almost entirely on statutes. In fact, almost everything we read in cases
will be based on statutes.
Regulations
exist based on statutes as well.
Statutes
are not bills, or resolutions.
These amount to absolutely nothing before they
are signed into law by the executive branch.
Structure
of Published Statutes
Session
Laws
·
Chronological
arrangement – you can read the laws in the order passed.
·
Can
read text as passed (no amendments)
·
Difficult
to use for most research – they’re not ordered by subject
Once
these are passed into law, they are organized into…
Codes
·
Subject
arrangement
·
Can
read text as amended
·
Sort
of easier to use for research
·
Usually
arranged by titles or chapters
·
But…you
can’t read the text as passed
There’s
a difference between a code citation and a session law citation.
E.g.
P.L. 106-25: Public Law of the 106th Congress, the 25th one
passed.
You
can make §§§§§§§§ marks! Looky looky! §§§§§§§§
Annotated
Codes
These
are the most useful form of statutes, and this is what we’ll be using almost
exclusively.
·
They
have the current text of statutes
·
They
are generally well-indexed
·
They
are annotated with:
o
Case
law
o
Attorney
general opinions
o
Law
review articles
Reading
case annotations is no substitute for reading an actual case.
Lexis
and Westlaw have their own annotation systems.
For many people, it’s easier to read the printed version of codes.
Importance
of Annotations
So
why use these annotations?
Case
law
·
Courts
interpret the statutes
·
Decisions
reveal how courts will apply a particular fact situation
·
You
need to read both statutes and cases to get a broad enough view of the law
The
U.S. Code is unannotated. You’ll never want to look at that, with one
exception. You want to make sure that
the annotated codes are correct against the U.S. Code.
How
to Read a Statute
·
Look
for sections that other important to your case other than the main section
·
Check
definitions of words in the statute
·
Check
the effective date if it’s relevant
There
are no official statutes for the state of
At
the beginning of any series of statutes, you’ll find the definitions. If you’re looking for a specific statute, you
want to go to the statute, then check the definitions
of all the words in the statutes.
Then
you get your annotations! You get
library references, Law Review and Journal Commentaries, and Notes of Decisions
and Opinions. You get a headnote, then a case citation. You’re not told much, though,
it just tells you whether or not you want to look up the case.
You’ll
also want to look back at the table of contents of the chapter and look for
everything in there.
The
U.S. Code looks very much like the Ohio Revised Code.
You
need to update.
Updating
Statutes
You
always need to check if a law is still in force. But sometimes you’ll need to know what
statute applied at some time in the past.
E.g.
A statute might be changed every other year, but you need to know what the law
was in a certain year.
The
good people at Lexis and Westlaw put every statute for every state and every year
on their service so you can see what the statute looked like in such-and-such a
year.
How
do you update in print?
After
you read your statute, go to the pocket part.
The pocket part is in the back of the book. It reads just like the code itself. It’s in the same order, though it’s
considerably smaller. It contains all
the amendments. One more thing to check:
you need to look at the legislative supplements. Those are after the ORC at the end of the
section. That’s where you can find what
laws have gone into effect since the pocket parts.
So
it’s a three-part process:
1.
Look
at the Code itself
2.
Look
at the pocket parts
3.
Look
at the legislative supplement
Even
when you look online, it’s not going to be completely updated, so you’ll still
have to look at Session Laws online.
Formats
·
Print
·
Lexis/Westlaw
·
CD-ROM
·
Web
·
Microform
Most
state codes are on the web, but they’re not annotated.
How
current is the ORC? It varies from about
two months old to about six months old.
Official
vs. unofficial
·
Official
means authoritative
·
The
official version trumps the unofficial version
·
So
cite to the official version whenever possible
Citation
Form for a
Different for the session law version than the code
version.
You
put your Blue Book and
We
can work together, but everybody has to do their own work. Everything must be cited correctly. Don’t write in the book. It must be typed.