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- From: eck@panix.com (Mark Eckenwiler)
- Newsgroups: misc.legal,misc.legal.computing,misc.legal.moderated,misc.answers,news.answers
- Subject: Legal Research FAQ (part 1 of 2)
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- Date: 15 Mar 1994 22:15:53 -0500
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- Summary: This article explains how to conduct legal research on
- federal and state law in the U.S. and gives an overview of
- the court system.
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- Archive-name: law/research/part1
- Version: 0.96
-
- The Legal Research FAQ
- === ===== ======== ===
-
- This document gives an overview of the standard resources and
- tools used in conducting legal research on state and federal law in
- the United States. It also provides an overview of the structure
- of the various state and federal court systems, and describes the
- primary legal sources (case reporters, statutory and regulatory
- compilations) where the law _per se_ can be located. It is written
- for laymen, not lawyers; no prior legal knowledge or research
- experience is assumed.
-
- The Legal Research FAQ is posted to misc.legal.moderated,
- misc.legal, misc.legal.computing, news.answers, and misc.answers
- around the 15th day of each month. Comments or suggestions are
- welcome, and should be sent to eck@panix.com.
-
- A current version of the FAQ may always be obtained via anonymous
- ftp from rtfm.mit.edu in /pub/usenet/news.answers/law/research/part1
- and part2. If you do not have ftp access, send a mail message to
- mail-server@rtfm.mit.edu with the lines
- send usenet/news.answers/law/research/part1
- send usenet/news.answers/law/research/part2
- in the body of the message.
-
- Copyright 1994 by Mark Eckenwiler. Permission is granted to
- redistribute this article in its entirety for noncommercial use
- provided that this copyright notice is not removed or altered. No
- portion of this work may be sold for profit, either by itself or as
- part of a larger work, without the express written permission of the
- author.
-
- The author is an attorney admitted to practice in the State of
- New York and the Commonwealth of Massachusetts. Against his better
- judgment, he continues to live and work in New York City. He is also
- an amateur genealogist and would appreciate hearing from or about
- anyone named Eckenwiler, Chmieletzski, Breazeale, or variants thereof.
-
- Special thanks go to Terry Carroll, Mike Godwin, Mike Froomkin,
- Lori Fox, Larry Kolodney, and Simona Nass. This FAQ (and its author)
- benefitted immensely from their helpful insights and criticisms.
-
-
- TABLE OF CONTENTS
-
- [Part 1]
-
- 0. ROADMAP FOR THE IMPATIENT
-
- 1. STRUCTURE OF THE U.S. COURT SYSTEM
- 1.1 Federal Courts
- 1.1.1 Federal District Courts
- 1.1.2 Federal Appeals Courts
- 1.1.3 The Supreme Court
- 1.2 State Courts
-
- 2. CASE LAW: CITING, LOCATING, AND READING REPORTED CASES
- 2.1 Components of a Standard Cite
- 2.2 Individual Case Reporters
- 2.2.1 Federal Case Law Reporters
- 2.2.2 State Case Law Reporters
-
- 3. STATUTORY AND REGULATORY LAW
- 3.1 Statutory Citations
- 3.2 Regulatory Citations
-
- [Part 2]
-
- 4. LEGAL RESEARCH: SOURCES AND METHODS
- 4.1 General Resources
- 4.1.1 United States Code Annotated & United States Code Service
- 4.1.2 Federal Practice Digest (FPD)
- 4.1.3 Shepard's Case Citations
- 4.1.4 Lexis and Westlaw
- 4.1.5 ALR, Am. Jur., and CJS ****** To be added
- 4.1.6 Black's Law Dictionary
- 4.2 Subject Area Resources
- 4.2.1 Constitutional Law
- 4.2.2 Evidence
- 4.2.3 Civil Procedure
- 4.2.4 Criminal Law
- 4.2.5 Torts
- 4.2.6 Contracts
- 4.2.7 Copyright
- 4.3 Putting It All Together
-
- 5. GENERAL PRECEPTS CONCERNING WEIGHT OF AUTHORITY
-
- 6. OTHER RESOURCES ON USENET
-
-
- On the format of this FAQ:
- Toplevel entries in the outline are flagged with an "=" at the
- left margin; to page through the main topics one by one, search
- repeatedly for "=".
- The flag "**" preceding a term or the name of a resource
- indicates that an extended explanation of that term/resource can be
- found elsewhere in the FAQ.
-
- ----------------------------------------------------------------------
-
- = 0. ROADMAP FOR THE IMPATIENT
-
- This section provides direct pointers to the answers to frequent
- questions.
-
- Q. I have the name of a case, but not a cite to it. How do I find
- the case?
- A. See section 4.1.2.
-
- Q. I know there's a famous Supreme Court case about <subject>. Is
- there an easy way to look it up?
- A. See section 4.2.1, and the end of sections 1.1.3 and 4.1.3.
-
- Q. How can I find out how courts interpret a specific statute?
- A. See section 4.1.1.
-
- Q. I need to know if case X has been overruled. How do I find out?
- A. See sections 4.1.3 and 4.1.4.
-
- Q. Where do I find the federal statute(s) governing <subject>?
- A. See the end of section 4.1.1.
-
- Q. This case citation stuff is Greek to me. What does it mean?
- A. See section 2.1.
-
-
-
- = 1. STRUCTURE OF THE U.S. COURT SYSTEM
-
- The United States has several different court systems -- at
- least 55, if not more. Each state (plus DC, Puerto Rico, Guam, and
- the Virgin Islands) has its own system, and then there is the federal
- system.
-
- 1.1 The Federal Courts
-
- The federal court system has three basic levels: the
- District Court, the Circuit Court, and the Supreme Court.
-
- 1.1.1 Federal District Courts
-
- The lowest tier of federal courts, where suits are first
- brought and trials are held, is called the District Court level.
- District Courts hear every type of federal case, whether civil or
- criminal in nature. Each district may have several judges, and
- covers part or all of a state.
-
- There are two groups of district court judges, "regular service"
- and "senior status." Their powers are equal, and all enjoy life
- tenure (under Article III of the U.S. Constitution); the only
- difference is that senior judges, by virtue of having been on the
- bench for at least ten years, may have lighter dockets (caseloads)
- and may choose what types of cases they hear. (Some senior judges
- have used this prerogative to refuse trials or sentencing in drug
- cases.) There are roughly 630 regular-service District Court Judges,
- a total set by statute. 28 USC sec. 133. There is no limit on the
- number of senior judges, other than the minimum age of 65
- prerequisite to electing senior status. 28 USC sec. 371.
-
- District Court judges are often assisted by so-called Magistrate
- Judges (aka magistrates). Magistrates are not life-tenure judges;
- rather, they are auxiliary officers (appointed under Article I of the
- Constitution) who handle certain kinds of tasks delegated by District
- Judges. Magistrates may take "not guilty" pleas in felony criminal
- arraignments; they also frequently handle discovery disputes,
- misdemeanor trials, settlement negotiations, and hearings to calculate
- damages. Their orders are generally appealable to the District Judge
- from whom the matter was referred. 28 USC sec. 636.
-
- In addition to the District Courts, there are a few trial-level
- federal courts with limited subject-matter jurisdiction. These
- include the Court of Claims and the Court of International Trade.
- There is also the system of federal Bankruptcy Courts, staffed by
- judges who (like magistrates) are Article I (i.e., auxiliary) officers
- appointed for a limited term of years.
-
-
- 1.1.2 Federal Appeals Courts
-
- Above the District Courts sit the Circuit Courts of Appeal.
- There are 13 such courts (1st-11th Circuits, plus D.C. and the Federal
- Circuit.) With one exception, these courts hear appeals from District
- Court decisions within their individual geographical regions. For
- instance, the Second Circuit presides over the four federal Districts
- in New York state (EDNY, SDNY, WDNY, NDNY), and the Districts of
- Connecticut and Vermont.
-
- (The exception is the confusingly named Federal Circuit, a
- special court for patent appeals, which reviews District Court
- decisions in this area from all over the country. As for the other
- Circuits, the frontispiece map in any recent volume of the **Federal
- Supplement or **Federal Reporter will show which states are in each
- Circuit.)
-
- There are approximately 180 regular service Circuit Judges, 28
- USC sec. 44, and in addition a varying number of senior Circuit
- Judges. The Circuits vary widely in size: the Ninth Circuit, covering
- CA, AK, AZ, ID, MT, NV, OR, WA, HI, and Guam, has 28 regular slots,
- while the First, covering MA, ME, NH, RI, and PR, has only 6. Like
- District Court Judges, Circuit Judges have life tenure.
-
- Almost all District Court orders are appealable to the Circuit
- Court. However, except for a few specific types of orders (such as
- those granting or denying preliminary injunctions), most orders are
- not immediately appealable. Instead, parties must usually wait until
- the entire case has been disposed of in the District Court, and then
- raise all of their appeals at a single time. See 28 USC secs. 1291 &
- 1292.
-
- Unlike District Court Judges, who preside alone over their cases,
- Circuit Courts sit in essentially random panels of three judges for
- each case. In extremely rare circumstances, a majority of the judges
- in the Circuit may sit "en banc" (also known as "in banc", or "in
- bench") on a single appeal in order to clarify or review a
- 3-judge-panel decision.
-
- On occasion, the Chief Judge of a Circuit may invite a District
- Court Judge (or a judge from another circuit) to sit temporarily on a
- 3-judge panel to hear one or more appeals. This process is called
- "sitting by designation." When sitting by designation, a District
- Court Judge may not review his/her own earlier decisions.
-
- Circuit Court decisions are binding on the district courts
- within that circuit. This fosters uniformity of law within each
- circuit, although the circuits themselves may disagree strongly on
- points of law. (See the next section's discussion of "certiorari.")
-
-
- 1.1.3 The Supreme Court
-
- Atop the pyramid is the United States Supreme Court
- (surprise!). The Court hears appeals from the Circuits Courts,
- from the highest courts of the respective states (only where a
- federal issue is involved), or (very rarely) from a District
- Court decision. The Court also occasionally acts as a trial
- court over certain constitutionally defined categories of cases,
- such as lawsuits between states.
-
- In its appellate capacity, the Court is not obliged to entertain
- any given case. Rather, the Justices vote on whether or not to "grant
- certiorari"; by tradition, a vote of 4 in favor is sufficient to
- qualify the case for a hearing. In the vast majority of cases, the
- Court declines to hear the appeal ("denies cert."). A denial of
- certiorari has no precedential effect, and is not to be taken as a
- reliable indicator of the Court's views on the merit of the appeal.
- While this may seem harsh, it should be considered in light of the
- fact that the Court decides only 100-150 cases each Term, out of the
- 6000 petitions for certiorari annually.
-
- The Supreme Court serves as the final authority of law in the
- United States. As a result, it is often called upon to resolve
- conflicts between the Circuits, e.g., in interpreting federal
- statutes. Petitions for certiorari are more likely to be granted when
- they involve such issues. (For example, at the time this FAQ was
- written, the Circuits were split over whether an organization must
- have an "economic motive" before it can be successfully sued under
- civil RICO. The Second Circuit [in a case involving Croatian
- terrorists] and the Seventh Circuit [in a case involving Operation
- Rescue] had held that an economic motive is required; other circuits
- disagreed. In late January 1994, the Supreme Court resolved the split
- in a unanimous opinion rejecting the Seventh Circuit's position. See
- _National Org. for Women v. Scheidler_, No. 92-780.)
-
- There are currently nine Justices, although that number varied
- (substantially at times) prior to the 20th century. Like District and
- Circuit Court judges, Supreme Court Justices must be confirmed by
- majority vote of the Senate before taking office.
-
- The highest ranking Justice is the Chief Justice of the United
- States (*not* the "Chief Justice of the Supreme Court"). The Chief
- Justice, who must be confirmed to that position even if s/he is
- already an Associate Justice when nominated, has special
- administrative and ceremonial functions. In addition, s/he always has
- the power to select who will write the opinion for the side on which
- the Chief Justice votes in a given case. When the Chief Justice is in
- the majority, s/he may write the Opinion of the Court himself/herself,
- or may assign it to another Justice on the same side.
-
- When a Justice retires, s/he may continue to serve actively as
- a judge, albeit not at the Supreme Court. Retired Justices are
- often invited to sit on Circuit Court panels. See 28 USC sec. 294.
-
- An excellent encyclopedia-style source of detailed information
- about the Supreme Court -- its history, its members past and
- present, and numerous important decisions -- is _The Oxford
- Companion to the Supreme Court of the United States_. Woodward and
- Armstrong's _The Brethren_ offers an informative look into the
- Court's internal dynamics. And for a full narrative history of the
- Court, see Bernard Schwartz's _A History of the Supreme Court_
- (Oxford Univ. Press 1993).
-
-
- 1.2 State Courts
-
- There are too many state court systems to describe them all
- here. This section furnishes only an overview.
-
- Most state courts are designed in the same manner as the
- federal system: a trial court, an intermediate appellate court,
- and a court of final appeal (usually the "Supreme Court"). Some
- smaller states omit the intermediate level.
-
- In addition, some of the older court systems use peculiar
- naming conventions. In Massachusetts, the highest court is the
- Supreme Judicial Court. New York's system is the most confusing by
- far: the trial level court of general jurisdiction is the Supreme
- Court; the first appellate court is the Supreme Court, Appellate
- Division; and the highest court is the Court of Appeals.
-
- As in the federal system, the higher up you go in the system,
- the more judges sit on the panel that hears the case.
-
- Also like the federal system, many states have special,
- limited-jurisdiction trial courts. These generally include
- Family Court, Small Claims Court, Juvenile Court, and so on.
-
-
- = 2. CASE LAW: CITING, LOCATING, AND READING REPORTED CASES
-
- Because there are so many courts churning out opinions all
- across the U.S., there are correspondingly numerous published sets
- ("reporters") of the decisions of these various courts. This
- chapter describes briefly a) how to find a case if you have a cite
- for it, b) the functions served by the respective reporters, and
- c) the format in which printed cases appear.
-
-
- 2.1 Components of a Standard Cite
-
- The basic structure of a reference to a published decision is
-
- _Party1 v. Party2_, [volume] [reporter] [start page] [(court, year)]
-
- A good example is _Hamaya v. McElroy_, 797 F. Supp. 186 (E.D.N.Y.
- 1992). From this listing, you see that the last names of the primary
- parties are Hamaya and McElroy. The case can be found in volume 797
- of the Federal Supplement (described below) beginning on page 186.
- The opinion was rendered in 1992 by a District Court in the Eastern
- District of New York (which covers Queens, Brooklyn, Staten Island,
- and Long Island).
-
- A citation may sometimes omit the parenthetical information
- identifying the court of decision when that information can be
- gleaned from the name of the reporter. For instance, the famous
- Supreme Court flag-burning decision is cited as _Texas v. Johnson_,
- 491 U.S. 397 (1989). Since the **United States reporter (U.S.)
- only includes Supreme Court decisions, it is not necessary to
- specify the court again in the parenthetical.
-
- Sometimes a case will appear in more than one reporter; in
- that event, information on the reporters is listed sequentially,
- e.g., _Schmuck v. United States_, 489 U.S. 705, 109 S. Ct. 1443
- (1989). This case appears in volume 489 of U.S. (starting at page
- 705) and in volume 109 of the **Supreme Court reporter (S. Ct.),
- starting at 1443.
-
- When reference is made to specific passage within a case, the
- cite will include a "jump cite" or "pin[point] cite", so called
- because it pinpoints the particular internal page to which the
- reader can "jump" directly in lieu of reading the entire case. For
- example, the cite _Texas v. Johnson_, 491 U.S. 397, 399 (1989),
- directs your attention to page 399.
-
- All of the sample cites above are in "long form": that is,
- they give the names of both parties and provide a full citation.
- When a source cites to a case repeatedly, however, it will often
- use the long form only for the first reference; thereafter, it
- will use the aptly named "short form," which has the general
- structure
-
- <unique name,> [volume] [reporter] at [page]
-
- where <unique name,> is optional. The following are all typical
- short form cites to the cases listed above:
-
- _Johnson_, 491 U.S. at 402.
- 491 U.S. at 401.
- _Hamaya_, 797 F. Supp. at 190-91.
-
- Note that because "Texas" is even less useful as an identifier
- than "Johnson", one would generally find the latter in a short
- form cite even though it is not the first name in the case title.
- The same is generally true for frequent litigants like the
- Commissioner of Internal Revenue, the Secretary of HHS, and (of
- course) "United States".
-
- A case cite also often includes additional information
- about which judge wrote the decision, whether the case was ever
- affirmed or reversed on appeal (or cert. was denied in the Supreme
- Court), and so on.
-
- A note on the order of names in the caption: In District Court
- and Circuit Court opinions, the first name listed is *always* that of
- the plaintiff. This means that in a Circuit decision captioned
- _Party1 v. Party2_, you cannot tell from the caption alone which party
- appealed to the Circuit Court. In contrast, the title of U.S. Supreme
- Court decisions always tells you which party ("the petitioner")
- brought the appeal: it's the first name listed, regardless of whether
- that party was originally a plaintiff or a defendant in the trial
- court. (As a result, you can tell who won a case based solely on
- whether the Supreme Court reversed or affirmed the lower court: an
- affirmance means that the petitioner (listed first) lost, and vice
- versa for reversal.)
-
- As you have probably gathered by this point, a case citation
- often carries a large amount of information. As a result, certain
- standards have arisen for citing cases "correctly". The most
- comprehensive -- some would say "fascist" -- and widely used standard
- is that laid out in _The Bluebook: A Uniform System of Citation_
- (15th ed. 1991), developed collectively by members of the law reviews
- at a few prestigious eastern law schools. A competing (and far less
- obsessive) standard created at the University of Chicago is _The
- Maroonbook_. (This FAQ adheres in large part to Bluebook style,
- primarily because of the author's training. Your life is too short
- to devote to memorizing such things; if you need to cite a case,
- focus instead on putting down enough information that *your* audience
- could locate the case.)
-
-
- 2.2 Individual Case Reporters
-
- Case reporters can be divided into two basic types: "official"
- reporters published by the federal government or the states, and
- commercial reporters. In the latter category, far and away the
- dominant company is West Publishing, about whom you will read much
- more below (see **Federal Practice Digest).
-
-
- 2.2.1 Federal Case Law Reporters
-
- United States Reports (U.S.):
- The official reporter for decisions of the U.S. Supreme Court.
- The actual opinion of the Court is preceded by a "syllabus," written
- by a Court employee, summarizing the issues decided. The Syllabus is
- not part of the opinion, and should be relied on only for a quick
- overview of the case. The Supreme Court once rebuked a litigant for
- carelessly quoting a Syllabus rather than the opinion it inaccurately
- summarized. See _United States v. Detroit Lumber Co._, 200 U.S. 321,
- 337 (1906).
-
-
- Supreme Court Reporter (S. Ct.):
- The West Publishing reporter for the Supreme Court. In addition
- to the Court's Opinion and the Syllabus, S. Ct. introduces each case
- with a series of so-called "headnotes" distilling and categorizing
- major legal conclusions in the opinion. (These headnotes, which are
- created by West and are not part of the Opinion, are discussed at
- length in section 4.1.2 on using the **Federal Practice Digest. All
- West reporters, for federal or state courts at any level, attach
- these headnotes to each case as a research tool.)
-
-
- Lawyers Edition (L. Ed., L. Ed. 2d):
- An alternative collection of Supreme Court decisions from the
- private publisher Lawyers Cooperative. L. Ed. 2d is less widely
- available in the United States than U.S. or S. Ct., although it
- includes some useful features (such as summaries of the parties'
- arguments) not found in the more common reporters. Note also: like
- many reporters, Lawyers Edition has entered its "second series" (L.
- Ed. 2d), which simply means that at some point the publisher wanted to
- restart the volume numbers again at 1.
-
-
- United States Law Week (U.S.L.W.):
- A weekly looseleaf newsletter, published by the private Bureau of
- National Affairs (BNA), reporting Supreme Court decisions (in addition
- to summarizing important lower court decisions). USLW is the most
- up-to-date hardcopy form of Court decisions, and includes excellent
- indexes for determining the status of a pending case (or locating a
- recent opinion) on the basis of party names, subject matter, or docket
- number. (Note also that having the docket number will allow you to
- obtain recent Supreme Court opinions via email. See section 6 below.)
-
-
- Federal Reporter (F., F.2d, F.3d):
- The West reporter covering decisions of the Circuit Courts of
- Appeal. Like all West reporters, it includes headnotes before each case
- as a research tool. There is no equivalent official reporter; this is
- the only comprehensive printed source for Circuit Court opinions.
-
- Note also that West just began (in late 1993) the third series of
- this reporter (F.3d), which will contain all new cases for the indefinite
- future. For the moment, though, F.2d is the repository of the bulk of
- current Circuit-level law.
-
-
- Federal Supplement (F. Supp.):
- The primary West reporter reprinting decisions of the District
- Courts. Unlike F.2d/F.3d, which includes almost all Circuit Court
- decisions, F. Supp. represents only a fraction of the orders issued by
- federal trial courts. (Unless the District Judge submits a copy of a
- given decision to West -- usually done when s/he considers it
- groundbreaking or useful as a guide to other courts -- it will not appear
- in F. Supp.)
-
- Instead of appearing in F. Supp., a decision may appear in one of
- two specialized reporters, Federal Rules Decisions (F.R.D.) or Bankruptcy
- Reporter (B.R.), if it relates to bankruptcy law or certain federal rules
- of court. "Unpublished" decisions (i.e., those absent from the printed
- reporters) can often be found on **Lexis and **Westlaw. There is no
- official reporter for District Court opinions.
-
-
- 2.2.2 State Case Law
-
- Nearly every state has an official reporter reprinting decisions
- of that state's highest court. This reporter invariably has as its
- title the name of the state (sometimes abbreviated), e.g., "Mass.".
- (The exceptions are states like Alaska and Wyoming, which no longer
- publish official reporters. The only printed resource for such cases
- is the West regional reporter [see below].)
-
- In some states, the official reporter also includes the
- decisions of lower appellate and trial courts. Other states publish
- one or more separate official reporters for these courts. In New
- York, for instance, the current official reporters are N.Y.2d
- (highest court), A.D.2d (Appellate Division cases), and Misc. 2d
- (trial court opinions).
-
- For two prominent states -- California and New York -- West also
- publishes its own single-state reporter compiling the major decisions
- of all courts in that state. The current editions of these reporters
- are the California Reporter, 2d series (Cal. Rptr. 2d) and New York
- Supplement, 2d series (N.Y.S.2d).
-
- Because it is expensive and cumbersome for many smaller law
- libraries to keep a full collection of official state reporters, West
- publishes various "regional reporters," each collecting the combined
- case law of a region of the U.S. These are N.W.2d (Illinois region),
- N.E.2d (New York, Ohio & parts of New England), A.2d (Atlantic coast),
- So.2d (South), S.E.2d (Southeast), S.W.2d (Texas, Arkansas, Kentucky,
- Tennessee), and P.2d (Pacific). For historical reasons, many of the
- categories are counterintuitive: P.2d covers not only California,
- but recent additions to the Union like Oklahoma and Kansas.
-
- In every instance, a case in an official state reporter also be
- found in the corresponding West regional reporter. Indeed, for New
- York and California, a single case may appear in no less than
- *three* reporters (one official and one West reporter for that
- state, plus a regional reporter). An example: _Hymowitz v. Eli
- Lilly & Co._, 73 N.Y.2d 487, 539 N.E.2d 1069, 541 N.Y.S.2d 941
- (1989).
-
- A full list of which reporters contain the decisions of various
- state courts can be found in Table 1 of the Bluebook, starting at
- page 169.
-
- Finally, note that what is true for the U.S. Supreme Court
- syllabus (not valid as law) may not be true for certain state supreme
- courts. In Ohio, for example, the Supreme Court itself writes the
- syllabus, which is part of the official opinion (and binding as law).
-
-
-
- = 3. STATUTORY AND REGULATORY LAW
-
- 3.1 Statutory Citation
-
- The basic structure of a federal statutory citation is
-
- [volume] U.S.C. sec. [number]
-
- "U.S.C." is United States Code, the official government codification
- of all U.S. statutes. U.S.C. is divided into roughly 50 different
- categories ("titles"), each with a name and number; Title 8, for
- example, covers immigration law. This title number is used as the
- [volume] marker at the start of a cite. The [number] field is simply
- the section number of the referenced statute. For instance, 28 U.S.C.
- sec. 2254 is the federal statute permitting state prisoners to file
- habeas corpus petitions in federal court.
-
- (This FAQ uses the notation "sec." in place of the formal
- section symbol [a doubled S]. Other ASCII-limited sources, such as
- **Westlaw and **Lexis, may use "$", "@", or even "|" instead.)
-
- Some of the more important titles of U.S.C. are Title 11
- (bankruptcy), Title 18 (criminal laws), Title 26 (Internal Revenue
- Code), Title 28 (Judicial procedure), and Title 42 (Public Health and
- Welfare).
-
- (You may occasionally hear people refer to certain laws as
- "Title so-and-so", such as Title IX (barring sex discrimination in
- education), Title III (regulating wiretaps), and Title VII (barring
- race/sex-based employment discrimination). These are not titles of
- U.S.C.; rather, they refer to specific portions of particular Acts of
- Congress. Title III, for instance, is the third major section in the
- Omnibus Crime Control and Safe Streets Act of 1968.)
-
- Relatively few people use U.S.C. itself, which collects statutory
- revisions in cumbersome separate volumes. Instead, most researchers
- use **United States Code Annotated (or **United States Code Service),
- two private publications which include not only the statutes but also
- useful summaries of relevant court decisions. U.S.C.A. and U.S.C.S.
- are discussed at greater length below, in section 4.1.1.
-
- State laws are not organized in a uniform manner. For example,
- in Massachusetts, the laws are divided into "chapters": Massachusetts
- General Law ch. 89, sec. 11 penalizes motorist failure to yield to
- crosswalk pedestrians. In New York, the major divisions have names
- but not numbers, e.g., NY Penal Law sec. 245.01 (indecent exposure).
- Each state publishes an annotated version of its statutes similar to
- U.S.C.A.
-
- Note also that many smaller units of government -- counties,
- parishes, cities, towns -- also have their own statutes, sometimes
- called "ordinances". Publication formats vary widely.
-
-
- 3.2 Regulatory Citations
-
- In addition to the official legislation of Congress, federal law
- includes regulations created by various federal agencies. Prior to
- taking effect, a regulation must be printed in the Federal Register.
- Upon being finally adopted, a regulation is codified in the Code of
- Federal Regulations (C.F.R., not to be confused with the Council on
- Foreign Relations).
-
- Similar to statutes and cases, a citation to a federal regulation
- has the basic form
-
- [volume] C.F.R. sec. [number]
-
- Knowing the cite for the section you need is essential, as the C.F.R.
- index is practically worthless. Since most regulations are
- promulgated pursuant to an explicit statutory grant of authority, one
- of the best methods for locating regulations on a specific subject is
- to consult **U.S.C.A. Once you locate the relevant statute, look in
- the text which follows for cross-references under the heading "Code of
- Federal Regulations".
-
- [end of part 1]
- --
- "'[M]ovant would not beable . . . .'"
- _Kilgore v. State_, 791 S.W.2d 393, 394 (Mo. 1990)
-
- Mark Eckenwiler eck@panix.com
-