Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Legal Research & Writing LAW-215 Statutory Law Part 1

Statutory Law In this unit we will learn: In this unit we will learn: How federal and state legislation is enacted. How federal and state legislation is enacted. How statutes are published and codified. How statutes are published and codified. Research techniques for locating statutes. Research techniques for locating statutes.

Statutes a.k.a. Codes Article I of the U.S. Constitution gives Congress (i.e., the Senate and the House of Representatives) power to create and enact legislation. Article I of the U.S. Constitution gives Congress (i.e., the Senate and the House of Representatives) power to create and enact legislation. Most new laws are statutory. Most new laws are statutory. Laws enacted by either the Congress of the United States or a state legislature. Laws enacted by either the Congress of the United States or a state legislature. Mandatory authority. Statutes trump the common law within their jurisdiction. Mandatory authority. Statutes trump the common law within their jurisdiction.

Why Are Statutes Proposed? New issues or new worries – such as employment discrimination and Internet privacy or copyright issues. New issues or new worries – such as employment discrimination and Internet privacy or copyright issues. Unpopular judicial rulings – if Congress disagrees with a judicial interpretation of a statute, it may pass a new statute to “undo” the decision of the court, unless the decision at hand is based on the U.S. Constitution. Unpopular judicial rulings – if Congress disagrees with a judicial interpretation of a statute, it may pass a new statute to “undo” the decision of the court, unless the decision at hand is based on the U.S. Constitution. Criminal law – must be set forth in clear terms through statutes rather than left to judicial interpretation. Criminal law – must be set forth in clear terms through statutes rather than left to judicial interpretation.

How New Laws are Made Any member of Congress can initiate a bill, or proposed law. Any member of Congress can initiate a bill, or proposed law. A bill is debated in a committee in the house where it was introduced. A bill is debated in a committee in the house where it was introduced. It then goes to the full house for a vote. It then goes to the full house for a vote. If it passes both houses this way, it goes to the President for his signature. If it passes both houses this way, it goes to the President for his signature. A President’s signature turns a bill into law. A President’s signature turns a bill into law. If the President does not sign the bill (veto), Congress can override the veto by passing the bill again, with a two-thirds margin. If the President does not sign the bill (veto), Congress can override the veto by passing the bill again, with a two-thirds margin.

Once both houses pass the compromise bill, it is sent to the President to be signed. If signed, the bill becomes law If vetoed, it goes back to the Congress, where it must pass both houses by a 2/3 majority. How New Laws Are Made A bill, or proposed law, is introduced in the House of Representatives or the Senate and then assigned to a committee for discussion and voting. House of Representatives Senate President Armed Services Agriculture Ways and Means Banking, Finance, and Urban Affairs Education and Labor Judiciary Committee Major House Committees Aeronautical and Space Sciences Armed Services Judiciary Committee Appropriation Foreign Relations Major Senate Committees If it passes there, it goes to the other house (House to Senate or Senate to House). Conference Committee If the second House of Congress made any changes, or amendments, to the bill, it must go to a Conference Committee, made up of members of both houses. Here, they work out compromises between the two different versions of the bill. The compromise bill then goes back to both houses for a final vote. After it passes committee, the bill goes to the full body of that house for a vote. It is assigned to a committee and the process repeats.

Researching Federal Statutes and Legislative History

Finding Statutes Which jurisdiction(s) do you need to consider -- federal and/or state(s)? Which jurisdiction(s) do you need to consider -- federal and/or state(s)? Where are the statutes/codes published? Where are the statutes/codes published? What information do you have to work with; e.g., citation, popular name, broad topic? What information do you have to work with; e.g., citation, popular name, broad topic?

Stages/Forms of Publication Slip Law Session Law Codification Code a.k.a. Statute

Sources for Recently Enacted Federal Statutes Slip laws Slip laws United States Code Congressional and Administrative News Service (USCCAN) United States Code Congressional and Administrative News Service (USCCAN) United States Law Week United States Law Week Government printing office Government printing office U.S.C.S. Advance Pamphlets U.S.C.S. Advance Pamphlets Congressional Representatives Congressional Representatives The Internet ( The Internet ( Lexis and Westlaw Lexis and Westlaw

Publication of Session Laws Session laws are called Public Laws. Session laws are called Public Laws. Public Laws: permanent laws of general application enacted by Congress. Public Laws: permanent laws of general application enacted by Congress. Numbering of Public Laws: Numbering of Public Laws: EXAMPLE: P.L nd Public Law enacted by the 91 st Congress.

U.S. Statutes at Large abbreviated as: Stat. Official compilation of laws (public & private) enacted by Congress. Official compilation of laws (public & private) enacted by Congress. Arranged by congressional session and P.L. number. Arranged by congressional session and P.L. number. Cite to Stat. vol. no. and page no. Cite to Stat. vol. no. and page no. EXAMPLE:84 Stat Vol. 84 of U.S. Statutes at Large page 922 Very slow publication schedule. Very slow publication schedule.

U.S. Statutes at Large

U.S. Code Congressional and Administrative News (USCCAN) Contains text of public laws. Contains text of public laws. Provides official Stat. pagination. Provides official Stat. pagination. Timely publication (monthly advance pamphlets). Timely publication (monthly advance pamphlets). Contains legislative history citations and documents. Contains legislative history citations and documents.

U.S. Code Congressional and Administrative News

United States Code abbreviated as: U.S.C. Contains federal laws “currently in force.” Contains federal laws “currently in force.” Currently in force: new laws are added, repealed laws deleted, changes to existing laws incorporated. Currently in force: new laws are added, repealed laws deleted, changes to existing laws incorporated. Laws are arranged by subject (50 titles). Laws are arranged by subject (50 titles).

United States Code

United States Code (continued) Laws under each title arranged in sections. Laws under each title arranged in sections. Cite by title and section numbers: Cite by title and section numbers: 18 U.S.C. §1961 and 18 U.S.C. §1962 (c).

United States Code (continued) History line: provides Public Law numbers and dates of the enacting law and subsequent amending laws. History line: provides Public Law numbers and dates of the enacting law and subsequent amending laws. Finding aids: subject index, popular name table, other tables. Finding aids: subject index, popular name table, other tables.

History Line United States Code

End of Statutory Law Part 1 End of Statutory Law Part 1