real world research dean rowan and teresa stanton uc-berkeley law library march 5, 2008
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Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008. Annotated Codes. Annotation, noun,. 1. A brief summary of the facts and decision in a case, especially one involving statutory interpretation. - PowerPoint PPT PresentationTRANSCRIPT
Real World ResearchDean Rowan and Teresa StantonUC-Berkeley Law LibraryMarch 5, 2008
Annotated Codes
Annotation, noun,
1. A brief summary of the facts and decision in a case, especially one involving statutory interpretation.
2. A note that explains or criticizes a source of law, usually a case.
3. A volume containing such explanatory or critical notes.
-- Blacks Law Dictionary, 8th ed.
United States Constitution
The Constitution of the United States of America: Analysis and Interpretation analysis of U.S. Supreme Court cases to June 28,
2002 prepared by
the Congressional Research Service and Library of Congress
Reference Desk; call # KF4527 .U5 2004
http://www.gpoaccess.gov/constitution/browse2002.html#2004(includes 2006 supplement)
United States Constitution
Encyclopedia of the American Constitution, edited by Leonard W. Levy and Kenneth L. Karst
six volumes constitutional doctrine specific court decisions people and historical periods
Reference Desk; call # KF4548 .E53 2000
Public Laws
Acts passed by Congress are given titles are published as a single document and are assigned sequential numbers,
beginning with the session of congress
that issued the law
For example,
Title:
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT*) ACT* OF 2001
Public Law No. 107-56
*The repetition is not a typographical error
California Statutes
First published as Chapter Laws Include
the Legislative Counsel’s Digest, a summary of the law
the text of new legislation Published throughout the legislative session Posted at:
http://www.leginfo.ca.gov/statute.html
For example,
California Chapter Law 396 (1997-1998 session)
“An Act to amend Sections 3021 and 6323 of, and to add Section 6346 to, the Family Code, relating to family law.”
Legislative Counsel’s Digest header is “SB 564, Solis. Domestic Violence: visitation.”
United States Statutes at Large
Chronological compilation and publication of the laws passed by each two-year session of Congress Issued in bound volumes Cited by volume and page number
For example, the Statutes at Large citation for the USA PATRIOT Act is:
115 STAT. 272
California
Chapter Laws (session laws)
Deering’s Advance Legislative Service
West’s California Legislative Service
http://www.leginfo.ca.gov/bilinfo.html full text of bills, resolutions, and constitutional
amendments, and their status, history, votes, analyses, and veto messages.
Revised Statutes of the United States
First published in 1873
Repealed all the original Statutes at Large
The first edition is the authoritative text for most laws enacted prior to 1873.
2nd edition published in 1878
48 YEARS LATER….
The first edition of the United States Code was published in 1926.
Laws are arranged by subject into 50 titles.
Citations are to title and section.
The USA PATRIOT Act is codified, well,
all over the place.
The USA PATRIOT Act
is codified in at least nine separate titles of the U.S.C., including
8 U.S.C. § 1379 18 U.S.C. § 2712 28 U.S.C. § 524, note 42 U.S.C. § 3714 50 U.S.C. § 1861
United States Code
Official compilation published by the U.S. Government Printing Office (GPO)
Has indexes and popular name tables
Completely revised edition published every 6 years
Cumulative supplements published every year
http://www.gpoaccess.gov/uscode/index.html
U.S. Code, continued
Historical notes
Cross references (to related code sections)
Parenthetical references to Statutes at Large or Revised Statutes sources of each section (i.e. the authoritative text)
Legislative history notes
California’s Official Code
What official code?
http://www.leginfo.ca.gov/calaw.html
“California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. Information presented reflects laws currently in effect. All California Codes have been updated to include the 2006 Statutes.”
(emphasis added)
Looking for statutory interpretation?
Go straight to
the United States Code Annotated (U.S.C.A.)
or the United States Code Service
(U.S.C.S.).
Annotated codes contain:
Text of the law All notations in the official United States
Code, plus
Notes of court decisionsLaw review and journal commentariesResearch references
Research references include
Leading treatises (scholarly commentary)
Legal encyclopedias: Corpus Juris Secundum (C.J.S.) and American Jurisprudence (AmJur)
American Law Reports (ALR)
Practice materials, including forms
Practice materials include
AmJur Pleading and Practice Forms AmJur Proof of Facts AmJur Trials Federal Evidence Federal Procedural Forms Federal Procedure, Lawyer’s Edition Moore’s Federal Practice
United States Code Annotated
Commercial publication by Thomson West
“Library References” section ties code section to the American Digest System,
Westlaw’s topic and key number system.
Westlaw database identifier: USCA
Has all 50 titles of the U.S.C. the Constitution court rules appendixes notes of decisions cross references research references
Searching Westlaw’s USCA database:
Search full text, including the annotations
Browse table of contents
Search Statutes Index
Search Popular Name Table
United States Code Service
Full title is United States Code Service, Lawyer’s Edition
Commercial publication by LexisNexis
LexisNexis USCS database:
Legal Federal Legal - U.S.
United States Code Service (USCS Materials)
United States Code Service –
Titles 1 through 50
Search page has both a search box and table of contents.
California annotated codes
Deering’s California Codes published by LexisNexis
West’s Annotated California Codes published by Thomson West
Updating codes
Annotated codes in print are updated
Periodically by legislative service pamphlets
Annually by pocket parts
Updating codes, continued
Free, online codes Irregular updates Not necessarily up-to-date Check information on the website
U.S.C. on GPO website current through 2000 Edition, Supplement 4, the general and permanent laws in effect as of January 3, 2005
CA code online, current through 2006
Updating codes, continued
Westlaw United States Code Annotated Currentness “Current through P.L. 110-185 (excluding P.L. 110-181) approved 2-
13-08”
Can also Keycite the code section LexisNexis
Coverage noted above the code section “CURRENT THROUGH P.L. 110-190, APPROVED 2/28/2008”
Can also Shepardize the code section
Annotated Codes
Provide relevant case law relevant commentary journal and law review articles leading treatises, and practice materials – including forms!
Indexes and other finding aids (print or online) are much more user-friendly.