Presentation on theme: "Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008 Annotated Codes."— Presentation transcript:
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. 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, 8 th 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 A merica 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. 2 nd 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 decisions Law review and journal commentaries Research 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. Federal Legal - U.S. United States Code Service ( USCS Materials) 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 CurrentnessCurrentness “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.