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

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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 Presentation

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Page 1: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

Real World ResearchDean Rowan and Teresa StantonUC-Berkeley Law LibraryMarch 5, 2008

Annotated Codes

Page 2: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.

Page 3: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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)

Page 4: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 5: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 6: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 7: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 8: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.”

Page 9: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 10: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.

Page 11: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 12: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.

Page 13: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 14: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 15: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 16: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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)

Page 17: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.).

Page 18: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 19: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 20: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 21: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.

Page 22: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 23: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

Searching Westlaw’s USCA database:

Search full text, including the annotations

Browse table of contents

Search Statutes Index

Search Popular Name Table

Page 24: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

United States Code Service

Full title is United States Code Service, Lawyer’s Edition

Commercial publication by LexisNexis

Page 25: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.

Page 26: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

California annotated codes

Deering’s California Codes published by LexisNexis

West’s Annotated California Codes published by Thomson West

Page 27: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

Updating codes

Annotated codes in print are updated

Periodically by legislative service pamphlets

Annually by pocket parts

Page 28: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 29: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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

Page 30: Real World Research Dean Rowan and Teresa Stanton UC-Berkeley Law Library March 5, 2008

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.