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Legal Bibliography Introduction and Statutory Resources.

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Presentation on theme: "Legal Bibliography Introduction and Statutory Resources."— Presentation transcript:

1 Legal Bibliography Introduction and Statutory Resources

2 Legal Bibliography Part I Two sessions last fall Part IIA Four Lectures this week Part IIB Two sessions in early February, one lecture next fall Part III CALR Training

3 Types of Resources Primary Resources Contain “The Law” Secondary Resources Explain “The Law”

4 Types of Law Statutory Law Case Law Administrative Law

5 Types of Authority Mandatory Law in Applicable Jurisdiction Persuasive Law in a Different Jurisdiction

6 Publication of Statutes Slip Laws Individual Pamphlet

7 Pub. L

8 Publication of Statutes Slip Laws Individual Pamphlet Session Laws Chronological Arrangement

9 Citation: 104 Stat. 2863

10 Publication of Statutes Slip Laws Individual Pamphlet Session Laws Chronological Arrangement Code Subject Arrangement

11 35 U.S.C. §105

12

13 Text of Law

14 Statutory History: (Added Pub.L , § 1(a), Nov. 15, 1990, 104 Stat. 2863)

15 Types of Codes Official Government-authorized publication Unofficial Commercial publication

16 Code Formats Unannotated Codes Text of Law Statutory History

17 Unannotated Code Text of Law

18 Unannotated Code Statutory History

19 Code Formats Annotated Codes Text of Law Statutory History Research Assistance Case Annotations Cites to Secondary Resources

20 Text of Law Annotated Code

21 Statutory History

22 Annotations follow the text of the law Annotated Code

23 Legislative History Information Annotated Code

24 American Digest System --Index to Cases Annotated Code

25 Cites to Secondary Resources, e.g. Legal Encyclopedias and Law Review articles Annotated Code

26 Case Annotations-- Synopses of Cases decided under this code section Annotated Code

27 Breakdown of topics in Notes of Decisions Annotated Code

28 Federal Codes United States Code United States Code Annotated United States Code Service

29 United States Code Official publication Unannotated format Republished every 6 years with annual supplements Slow publication schedule

30 U.S. Annotated Codes Commercial Publications Annotated format Volumes republished as needed Frequent updating schedule through Pocket Parts and Advance Sheets

31 State Codes All states have at least one annotated code. Many states also have an unannotated code. Check Bluebook: A Uniform System of Legal Citation, pp to determine what resources are available for a particular state.

32 Finding Statutory Law Does the Federal government have a law prohibiting debt collectors from harassing consumers?

33 Starting your Search Determine Jurisdiction Federal Determine Appropriate Resource United States Code Annotated or United States Code Service Determine Relevant Keywords for use in Code’s General Index

34 Under Consumer Credit Protection— Debt Collection Practices

35 Harassment or abuse by debt collectors, prohibitions 15 § 1692d

36 Updating Statutory Research Main Volume

37 Title Page Published in 1998

38 Text of Law as of 1998

39 Updating Statutory Research Main Volume Pocket Parts or Free-standing Supplements

40 Covers from 1998 to January 2004

41 Pocket parts contain new amendments and annotations from last publication of the main volume until publication date of pocket part.

42 New Amendments, if any, would be published after the heading, followed by new annotations.

43 Updating Statutory Research Main Volume Pocket Parts or Free-standing Supplements Advance Sheets

44 Advance Code Service

45

46 Advance Code Services contain new amendments and new annotations since publication of the pocket part.

47 1692d—No amendment but one new case

48 Advance Sheets Advance Code Services Legislative Services and Interim Annotation Services

49 Legislative Services publish new slip laws. A table of sections affected indicates whether a particular section has been changed. Slip Laws Tables

50 No Changes to 15 U.S.C. 1692d

51 Legislative Services only update the text of the law. Newer annotations are published in Interim Annotation, or Later Case Services

52 Sec. 1692d—new case, no new secondary resources

53 Review of Statutory Research General Index Main Volume Pocket Part or Free-Standing Supplement Advance Sheets Advance Code Service Legislative Service and Interim Annotation Service

54 Library Exercise Groups of two or three people Locate state annotated code Use General Index to find a code section applicable to issues in first question Once you have a relevant code section, focus on the resource questions rather than the substantive questions.


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