1. Legal Research Statutory Law

2. Statutory Law Primarily: Law resulting from legislative action Generally: includes rules of administrative agencies Federal and State

3. Unannotated § 211. Definition ROBBERY DEFINED. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. CREDIT(S) 1999 Main Volume (Enacted 1872.)

4. Common Features of an Annotated Code  History Of Law  Cross Reference To Similar Laws  References To Secondary Authorities  References To Case Decisions  Pocket part supplements to update

5. Annotations—Case Summaries If intent to steal arose only after force was used against murder victim, offense was "theft," not "robbery." People v. Kelly (1992) 3 Cal.Rptr.2d 677, 1 Cal.4th 495, 822 P.2d 385, rehearing denied, certiorari denied 113 S.Ct. 232, 506 U.S. 881, 121 L.Ed.2d 168.People v. Kelly (1992) 3 Cal.Rptr.2d 677, 1 Cal.4th 495, 822 P.2d 385,113 S.Ct. 232, 506 U.S. 881, 121 L.Ed.2d 168 If defendant's intent to steal from victim arose after his use of force, then the taking will be at most a theft, not robbery. People v. Morris (1988) 249 Cal.Rptr. 119, 46 Cal.3d 1, 756 P.2d 843, rehearing denied.People v. Morris (1988) 249 Cal.Rptr. 119, 46 Cal.3d 1, 756 P.2d 843,

6. Official Publications—Statutory Law(Federal) Slip laws Session Laws: Statutes at Large Chronological publication United States Code (U.S.C.) Also contains U.S. Constitution Topical Organization Positive Law Federal Register (Admin. Regs) Code of Federal Regulations (C.F.R.)

7. Unofficial Publications— Statutory Law U.S.C.S. United States Code Service U.S.C.A. United States Code Annotated

8. U.S.Codes TITLE 2. THE CONGRESS CHAPTER 3. COMPENSATION AND ALLOWANCES OF MEMBERS § 31a-1. Expense allowance of Majority and Minority Leaders of Senate; expense allowance of Majority and Minority... Cite As: 2 U.S.C. §31a-1 (1998) Or 2 U.S.C.S. § 31a-1 ( LEXIS L. Publg. 1998) Or 2 U.S.C.A. § 31a-1 (West 1998) 2 U.S.C. §31a-1 (1998 & Supp. 2000)

9. California Codes California Codes are given names, i.e Code of Civil Procedure, Civil Code, Penal Code etc. Cite as: Cal. Pen. Code §211 (West 2002) Cal. Pen. Code Ann. §211 (Deering 2008)

10. Publication Official: Leginfo.gov Unofficial: West (most use this)

11. Finding a Code Section With a cite Check date/supplement With a factual situation Analyze factual situation for key words (legal and factual) Use index to codes (federal and state) Larmac (State)

12. Finding U.S. Codes Lexis Academic http://uscode.house.gov/ http://www.gpo.gov/fdsys/ www.loc.gov http://thomas.loc.gov/home/thomas.php#

14. Start with Retrieve By Citation

15. Click on down arrow after Select Collection and then choose United States Code

17. RESEARCH CHECKLIST FINDING THE CODES Analyze factual situation and identify key words or terms Consider synonyms and/or related terms for key words Check index to code for words or terms If unsuccessful, check index to alternate publication of code Read code section Check pocket part supplement

18. RESEARCH CHECKLIST STATUTORY ANALYSIS Outline statutory language, listing the elements or requirements of the law. Note the meaning of connectors such as “and,” “or,” etc. Determine meaning of statutory terms by referring to other code sections, case law or legislative histories. Apply statutory law to factual situation using IRAC method.

19. Hypotheticals Jones kills Smith in a fight. He then goes through Smith’s pockets and takes his wallet. Has Jones committed a robbery?

20. Examples § 211. Robbery defined Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

21. Elements Felonious taking Personal Property In possession of another From person or immediate presence Against will By means of force or fear

22. IRAC--STATUTES ISSUE The question you are researching RULE The code section APPLICATION Show how facts correspond to code CONCLUSION The answer to the question you are researching

23. Cal Civ. 3342 Liability of Dog Owner: Strict Liability for Dog bite On public property or on private property if victim lawfully there Prior incidents irrelevant Lawfully on Property Pursuant to postal Regulations Express permission Implied permission

24. Hypotheticals X is jogging on neighborhood sidewalk; dog runs out from front yard onto adjoining sidewalk and attacks? X is UPS delivery person. X decides it isn’t safe to leave package on front porch. Decides to leave it behind side gate—dog attacks

25. ADMINISTRATIVE REGULATIONS— RESEARCH MATERIAL  CODE OF FEDERAL REGULATIONS:  FEDERAL REGISTER:  LSA—LIST OF SECTIONS AFFECTED:

26. Constitution U.S. and State—published with annotated codes Contain annotations

27. RESEARCH CHECKLIST CONSTITUTIONAL ANALYSIS Determine if state or federal law governs case. If case is governed by state law, then review relationship between state and federal constitutional provisions. Determine if state or federal constitutional provisions apply. Proceed with analysis as you would with statutory law. © 2000 by Prentice-Hall, Inc., Upper Saddle River, NJ 07458