Researching Statutes: A Tutorial by the Georgetown Law Library Copyright 2009 Georgetown University Law Library Part I: About This Tutorial In this tutorial you should learn: what statutes are, how and where statutes are published, how to cite statutes, how to find statutes on a particular topic, and how to make sure that you have the most current version of a statute. This tutorial is divided into six parts: I. This brief introduction, II. An overview describing what statutes are and how they are published, III. The anatomy of a statutory code, IV. Methods of finding relevant statutes online, V. Methods used in print research, and VI. How to make sure you have the most current version of a statute. This concludes Part I of Researching Statutes: A Tutorial by the Georgetown Law Library. Researching Statutes: A Tutorial by the Georgetown Law Library Copyright 2009 Georgetown University Law Library Part II: What Statutes Are & WhereThey Are Published Definition of a Statute: A written law, Enacted by a legislative body (Congress, state legislature, or city council) Signed by an executive (president, governor, or mayor) Statutes are published in three different formats: Slip laws, which each contain a single statute, Session laws, which compile all statutes passed in each session of the legislature for a particular jurisdiction, and Statutory codes, which compile all statutes currently in force for a particular jurisdiction. Characteristics of Slip Laws A slip law is the first publication of a newly enacted statute, Each statute is published separately in slip law form, You will rarely use slip laws in your research. Characteristics of Session Laws Session laws compile all of the slip laws from a particular session of the legislature, They contain all laws passed, even those that have been amended or repealed, They are arranged chronologically in the order the laws were passed. Sources of Session Laws Session laws are published in both official and unofficial sources, Official sources are published by the government, Unofficial sources are published by private companies. Sources of Session Laws, continued The term "session laws" is generic. Actual titles vary from jurisdiction to jurisdiction. At the federal level, the official source of session laws is the U.S. Statutes at Large. U.S.Code Congressional and Administrative News (USCCAN), is an unofficial source for federal session laws, published by Thomson West. You should also know that each state has its own sources for session laws, and the titles vary from state-to-state. Sources of Session Laws, continued Session laws are also published online, Both Lexis/Nexis & Westlaw have U.S. session law databases, And the Library of Congress provides free access to session laws from recent sessions of Congress, in a database called THOMAS. Characteristics of Statutory Codes Arranged by subject, Contain only the laws in effect at the time of publication, Continuously updated to reflect the changes mandated by new statutes, and Because codes are arranged by subject, they are easier to use to find relevant statutes than session laws, which are arranged chronologically. Sources of Statutory Codes The official source of the federal code is the United States Code (U.S.C.) United States Code Annotated (U.S.C.A.) and United States Code Service (U.S.C.S.) are both unofficial sources of the federal code Each state also has its own statutory code(s) and the titles vary from stateto-state Let's look at an example statute, to illustrate these differences: In 1944, Congress passed the Servicemen's Readjustment Act. This law provided education and housing assistance to veterans of World War II. It is almost always referred to as the "G.I. Bill." Key Differences between Session Laws and Statutory Codes Session laws are organized chronologically Statutory codes are organized by subject AND Session laws contain all statutes enacted Statutory codes are updated to contain only the statutes currently in force The Act was first published as a slip law: The formal title of the Act. GI Bill is a "popular name." The Act is organized into titles, chapters, and sections. The Act was then published as a session law in the U.S. Statutes at Large: Title II of the Act deals with Education. Notice the Statutes at Large Citation: 58 Stat. 287. Next, the Act was added to the U.S. Code: The provisions of the G.I. Bill are only a small part of Title 38. This concludes Part II of Researching Statutes: A Tutorial by the Georgetown Law Library. Statutory Law Research: A Tutorial by the Georgetown Law Library Copyright 2009 Georgetown University Law Library Part III: Anatomy of a Code In this part of the tutorial you should learn: The material contained in a code and how it is organized, How a statute actually appears when it is added to a code, Differences between the official and unofficial versions of the U.S. Code, How state codes are organized, and How to cite to state and federal codes. Remember What a Code Is Codes are arrangements of statutes by subject. They contain all of the statutes for a particular jurisdiction that are currently in force. Because they are arranged by subject, they are usually the best source to use to find relevant statutes. Codes are distinct from session laws, which contain all laws passed, in chronological order. What Is Contained in a Code? ***For example purposes we are going to use the U.S. Code. Keep in mind that state codes can be organized differently.*** The current version of the U.S. Code contains: The 50 titles of the Code, each dealing with a different legal subject, Some preliminary materials (including the U.S. Constitution and other documents), Keyword indexes and tables, and Supplement volumes. We will discuss the indexes, tables, and the supplements in subsequent sections of this tutorial. Preliminary Materials The first volume of the U.S. Code includes the U.S. Constitution, as well as other foundational laws of the United States (called "organic laws"). State codes typically contain state constitutions as well. Titles of the U.S. Code The titles of the U.S. Code are where you will find the actual text of statutes. The U.S. Code is currently divided into 50 titles, and each has a number assigned to it. The titles cover extremely broad topical areas, such as agriculture, banks & banking, or education. For example, Title 49 is entitled "Transportation" and contains the current statutes relating to railroads, highways, and pipelines. How Is a Title Organized? In the U.S. Code, titles are broken down further into subtitles, chapters, and sections. In Westlaw, this is what the breakdown of Title 49 looks like: Title Subtitle Chapter Section Anatomy of a Code Section When you look at a statute in a code, you will find the statute has several parts. Not all of these will be present in every statute, but most usually are: an opening statement of purpose definitions at or near the beginning the heart of the statute itself, describing actions that are authorized, required or prohibited by it annotations (more on these later). Citing to a Section of the U.S. Code For a complete statutory citation, you need four elements: 1) The number of the title you are citing to, 2) The abbreviation for the code, 3) The number of the code section, and 4) The year of the code you consulted. DO NOT include the subtitle and chapter numbers. See Rule 12 of the Bluebook for details, including standard abbreviations, when to include the publisher's name, and which date to use. Citing to a Section of the U.S. Code The elements of the citation have to be in a specific order: Title number, U.S. Code abbrevation, Section number, Date of the code version consulted. Citing to a Section of the U.S. Code In Part II of this tutorial we looked at the Servicemen's Readjustment Act of 1944 ( G.I. Bill). One of the provisions of the G.I. Bill became this section of Title 38 of the 1946 version of the U.S. Code. The proper citation of this section is: 38 U.S.C. § 694a (1946) Let's Take a Look at a Section of the U.S. Code Remember that Title 38 is called "Veterans' Benefits." Chapter 30 of Title 38 deals with educational assistance for veterans. The Table of Contents is usually the first section of a new chapter. There’s a statement of purpose. There’s also a definitions section providing explanations of words used in the act. So far, we have only talked about the statutes themselves, the text passed by Congress. But some codes give us much more than that. Some codes are annotated, meaning the publishers have added some information to the plain text of the statutes. There are two annotated versions of the U.S. Code. They are called the U.S. Code Annotated, and the U.S. Code Service. What do they add? Annotations usually include: An historical note with information about when the statute was originally passed and amended, Cross-references to related regulations issued by executive branch agencies, Notes of decisions summarizing court cases that have interpreted the statute, and References to secondary sources, such as encyclopedias or treatises, that discuss the statute. United States Code Service Annotations This annotation section cites regulations issued for this statute by executive agencies. This annotation section refers to an encyclopedia article on this topic in American Jurisprudence. This annotation section includes case law which has interpreted this statute. Code Editions As we have seen, the U.S. Code (and many state codes) are published in several different editions by different publishers. Each contains the same text of the statute itself, but they differ in the annotations and other research aids they contain. Since code citations are always given by title and section number, you can use any edition of the code to find the text of the statute. State Codes Some state codes use numbers to designate the titles, while others use names. If a state uses the name instead of a number, the name of the title must be included in a citation. For example, California's state code uses names. The title for family law is cited Cal. Fam. Code; the one for public utilities is cited Cal. Pub. Util. Code. To complete the citation, add: Section number Year of publication (in parentheses) Example: Cal. Educ. Code § 49061 (2004) Consult the Bluebook (Table 1) for further information on citing state codes. This concludes Part III of the Statutory Research Tutorial. Researching Statutes: A Tutorial by the Georgetown Law Library Copyright 2009 Georgetown University Law Library Part IV: Finding Statutes Electronically In this section, you should learn: How to locate statutes online when you have a citation or a "popular name," How to find statutes on a particular topic using Westlaw and Lexis, and About the Library of Congress' legislative database, THOMAS, which can be used to retrieve a statute. Locating a Statute by Citation Using an online service to retrieve a specific section of the code is very straight forward. We will start on Lexis to find this section of the U.S. Code from the Americans With Disabilities Act: 42 U.S.C. § 12181 (2006) Please note that on Lexis, the annotated version of the U.S. Code is called the U.S. Code Service. On Westlaw, it is called the U.S. Code Annotated. The next few screens provide instructions on using Lexis's "Get a Document" function and Westlaw's "Find" function. To retrieve a single section of the U.S. Code on Lexis by using its citation, select the Get a Document link. Enter the citation 42 usc 12181, click the Get button The second item is the actual statute. Click its link now to see the full-text. The Practitioner's Toolbox is a handy resource for quick links to the publisher's annotations - history, decisions, regulations and more. For example, the History link will direct you to the Public Law number which has been codified at 42 U.S.C. 12181. Click the scroll bar to continue. Above is the text of the statute, which provides definitions related to public accommodations offered by private entities (such as retail establishments). You can scroll through the text online. Click on the scroll bar to the right to proceed. Now, let's retrieve the same statute on Westlaw. From the Westlaw welcome screen, enter the citation of the statute, 42 usc 12181 in the “Find by Citation” box and then press Go. Only the United States Code Annotated, published by West, is available on Westlaw, so 42 U.S.C.A. section 12181 appears. If you need to look at a previous or subsequent section, you can easily navigate through the code with the "Previous Section" and "Next Section" links. Finding a Statute in the Popular Name Table What if you don't have a citation for the statute, but you know the name of the law you are looking for? The most reliable tool to use in this situation is the Popular Name Table. While this is very easy to use in the print volumes of the statutes, it is also available online and can be used on Westlaw & Lexis. This is one feature that can be more cumbersome to use online than in print, though. Let's do a quick demonstration of the Popular Name Table on Westlaw. Select the All Federal link to begin your statutory research. Click the Popular Name Table link. Here's the U.S.C.A. POPULAR NAME INDEX page. To locate the Americans with Disabilities Act, select the A link. You'll have to scroll down the A list to locate the statute we're looking for, so click on the scroll bar on the right. Once you've located it, you can jump to the statute by selecting the Americans with Disabilities Act of 1990 (ADA) link. The page that opens links you to the sections of the U.S. Code where the ADA has been codified. Finding a Statute Related to a Subject What if we don't have a citation or a name for a statute? What if we need to find a statute based on a fact pattern or subject? Let's locate a statute on Lexis by searching for keywords related to the Americans with Disabilities Act. Follow the United States Code Service - Titles 1 through 50 link to begin your statutory research. To research our problem, we'll enter the query disabilit! /p discriminat! /p public accommodation and click the Search button. 14 sections of the U. S. Code include these search terms, so click the scroll bar to try to locate the most pertinent sections for review. Remember we are searching the U.S.C.S., so annotations and other notes are included in the search. To read the entire section online, you would click on the citation. Let's try the same search on Westlaw. Select All Federal under the “Statutes” heading to begin your statutory research on Westlaw. Enter appropriate search terms, such as discriminat! /p disabilit! /p "public accommodation" and click the Search Westlaw button. Scroll through the search results to review the sections and find the most relevant one. THOMAS THOMAS (http://thomas.loc.gov) is the legislative documents database from the Library of Congress. It provides free access to the current version of the U.S. Code, as well as recent public laws. While it is slightly more cumbersome to navigate and lacks case annotations, the free access to timely statutory materal is important to point out. Follow the U.S. Code link to begin searching on THOMAS. You can enter a search term, even if you have the citation, so enter disabilities in the “search words” box, 42 in the title box, and 12181 in the section box. Finally, click on the search button to conduct the search. THOMAS connects you to this search page maintained by the U.S. House of Representatives. Here's the section you requested. Click on it to retrieve the full-text of the statute. The full-text of the statute appears. This concludes Part IV of Researching Statutes. Close this window to return to the tutorial's index. Researching Statutes: A Tutorial by the Georgetown Law Library Copyright 2009 Georgetown University Law Library Part V: Finding Statutes in the Books Got a citation? Using the books is simple if you have a citation to a specific section of either the U.S. Code or a state code. Use the library catalog to find the library's location of the state or federal code you are looking for, then simply identify the volume using the title number or name from the citation. The sections are then organized in numerical order. So if you were looking for 42 U.S.C.A. § 12181, this would be the volume to use. Know the Name of a Law? If you don't have a citation but you do know the statute of the law you are looking for, use a Popular Name Table. Not all federal statutes have names, but many do, Some examples are the Americans with Disabilities Act, the Clean Air Act, or the Civil Rights Act. The popular name table lists named statutes alphabetically, and gives you the citation to where the law appears in the U.S. Code. Often, a single statute may have been broken up into many different sections of the U.S. Code, even scattered among different titles, if it deals with diverse subjects. In that case, the popular name table will list all of the different sections that contain parts of that statute. Popular Name Tables Popular name tables are included in the U.S. Code, the U.S. Code Annotated and the U.S. Code Service, as well as all state codes - look for the volumes near the end of the set. This excerpt from the Popular Names Table shows you all the sections of the U.S. Code which contain parts of the Americans with Disabilities Act. Researching statutes on a specific topic? Most often, you don't have a citation or a name -- you just know a topic and need to find the relevant statutes. Every printed code has an index. Most are located in separate volumes at the end of the set. The index works just the same as in any other book: you look under the words that describe your topic to find the section numbers of the code that deal with that topic. The trick is to figure out the correct keywords to use. It's always good to do a little brainstorming beforehand. This concludes Part V of Researching Statutes: A Tutorial by the Georgetown Law Library. The final part of this tutorial will show you the importance of determining the statute's currency. Researching Statutes: A Tutorial by the Georgetown Law Library Copyright 2009 Georgetown University Law Library Part VI: Currency of Statutes Currency of Statutes It is crucial to know whether the text of the law you are reading is current. To be sure, do the following: For books, always check the supplemental volumes (more on these in the next slide). Know the date of the document you're reading. If you need to have the most current information available, check commercial online databases in Lexis or Westlaw. Supplements Always check the supplements! The supplement is a separate publication that contains any changes made after the main printed volume appeared. In many code volumes, the supplement will be a "pocket part," a pamphlet tucked inside the back cover, containing the latest changes. For some volumes, the supplement may be a separate book. Usually this is a paperback that stands on the shelf next to the main volume. When using a supplement, check under the same citation as in the main volume. Supplements, continued From the pocket part, we can see that no new legislation has impacted § 12181. If it had, there would be new statutory language here. There are some new Notes of Decisions, though, providing updated case law on the topic. Advance Legislative Services One final source to check in the books is the Advance Legislative Service volumes at the end of the code. These volumes contain reprints of new laws that have not yet been codified, i.e., organized by topic. Advance legislative services are organized chronologically, in the order the laws were passed. Know the Date! You need to know the date of the document you're reading! A print supplement will have its date on the cover or title page. A document in a database will have the date it was updated near the top or bottom of the screen. The database will usually be more current than the print version. Updating Online To ensure that you have the most current information possible, you can check KeyCite, a database in Westlaw, or Shepard’s, a databse in Lexis, to see whether your code section has been modified very recently. Among other things, KeyCite and Shepard’s keep track of any pending or recently passed legislation that would affect a statute currently on the books. This concludes Part VI of Researching Statutes: A Tutorial by the Georgetown Law Library.