Legal Research
Statutory Law
Statutory Law
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Primarily: Law resulting from legislative
action
Generally: includes rules of
administrative agencies
Federal and State
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.)
Common Features of an
Annotated Code
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History Of Law
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Cross Reference To Similar Laws
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References To Secondary Authorities
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References To Case Decisions
Pocket part supplements to update
Annotations—Case Summaries
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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.
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.
Official Publications—Statutory
Law(Federal)
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Slip laws
Session Laws: Statutes at Large
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United States Code (U.S.C.)
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Chronological publication
Also contains U.S. Constitution
Topical Organization
Positive Law
Federal Register (Admin. Regs)
Code of Federal Regulations (C.F.R.)
Unofficial Publications—
Statutory Law
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U.S.C.S. United States Code Service
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U.S.C.A. United States Code Annotated
U.S.Codes
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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:
Or
Or
2
2
2
2
U.S.C. §31a-1 (1998)
U.S.C.S. § 31a-1 ( LEXIS L. Publg. 1998)
U.S.C.A. § 31a-1 (West 1998)
U.S.C. §31a-1 (1998 & Supp. 2000)
California Codes
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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)
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Publication
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Official: Leginfo.gov
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Unofficial: West (most use this)
Finding a Code Section
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With a cite
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Check date/supplement
With a factual situation
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Analyze factual situation for key words
(legal and factual)
Use index to codes (federal and state)
Larmac (State)
Finding U.S. Codes
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Lexis Academic
http://uscode.house.gov/
http://www.gpo.gov/fdsys/
www.loc.gov
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http://thomas.loc.gov/home/thomas.php#
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Start with Retrieve
By Citation
Click on down arrow after
Select Collection and then choose
United States Code
RESEARCH CHECKLIST
FINDING THE CODES
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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
RESEARCH CHECKLIST
STATUTORY ANALYSIS
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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.
Hypotheticals
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Jones kills Smith in a fight. He then
goes through Smith’s pockets and takes
his wallet. Has Jones committed a
robbery?
Examples
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§ 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.
Elements
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Felonious taking
Personal Property
In possession of another
From person or immediate presence
Against will
By means of force or fear
IRAC--STATUTES
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ISSUE
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RULE
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The code section
APPLICATION
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The question you are researching
Show how facts correspond to code
CONCLUSION
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The answer to the question you are
researching
Cal Civ. 3342
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Liability of Dog Owner: Strict Liability for
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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
Hypotheticals
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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
ADMINISTRATIVE REGULATIONS—
RESEARCH MATERIAL
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CODE OF FEDERAL REGULATIONS:
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FEDERAL REGISTER:
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LSA—LIST OF SECTIONS AFFECTED:
Constitution
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U.S. and State—published with
annotated codes
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Contain annotations
RESEARCH CHECKLIST
CONSTITUTIONAL ANALYSIS
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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.
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