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Finding the Law When You Aren’t A Lawyer: It’s Easier Than You Think!

Finding the Law When You Aren’t A Lawyer: It’s Easier Than You Think!. Norma Houston 2013 NCEMA Fall Conference. Have You Ever Felt Like This?. When You Need Help, Where Do You Turn?. Finding the Answer: Legal Resources. Reading Statutes. Organization of Statutes. Statute Citation.

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Finding the Law When You Aren’t A Lawyer: It’s Easier Than You Think!

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  1. Finding the Law When You Aren’t A Lawyer: It’s Easier Than You Think! Norma Houston 2013 NCEMA Fall Conference

  2. Have You Ever Felt Like This?

  3. When You Need Help, Where Do You Turn?

  4. Finding the Answer:Legal Resources

  5. Reading Statutes

  6. Organization of Statutes

  7. Statute Citation “North Carolina General Statute” standard legal citation Chapter Subsections N.C. Gen. Stat. § 166A-19.31(b)(4) “G.S.” Section Standard short form: G.S. 166A-19.31(b)(4)

  8. G.S. 166A-19.31(b)(4) Gun Restriction

  9. Reading Session Laws (Local Acts)

  10. What Are Those Weird Codes? . . .

  11. Session Laws Session Laws are acts of the General Assembly (i.e., all laws enacted during the session) • Codified – changes to the General Statutes • Uncodified – acts of the General Assembly that are not codified in the General Statutes (many local acts are uncodified) Numbered in Chapters in sequential order of enactment (NOT the same as statute chapters)

  12. From Bill to Session Law • Once it becomes law, a “bill” is no longer a bill – it is a law • Session Laws – Laws enacted during a particular session of the General Assembly • Enacted bills assigned a “Chapter” Example: S.L. 2011-1 Session Law Year of Chapter Number Session

  13. Legislative History Two Examples: Specific Repeal: “(c) Repealed by Session Laws 1991, c. 694, s. 6.” Legislative History: “(1979, c. 655, s. 1; 1991, c. 694, ss. 5, 6; 2009-350, s. 1)”

  14. Anatomy of a Session Law (local act) • Session Law Citation / Bill Number • Long Title • “The General Assembly of North Carolina enacts:” • Substantive provisions – codified & uncodified • Conditions on application of act • Effective Date

  15. Session law citation & bill # Title Amended statute (codified) Uncodified application of act and sunset provision

  16. Finding Statutes and Local Acts

  17. Finding Statutes: 2 Easy Options • Looking up a specific statute • Using General Statutes Table of Contents

  18. 1). Looking up a specific statute www.ncleg.net

  19. Recap: 3 Easy Steps • Go to www.ncleg.net • Click on “General Statutes” in Shortcut Menu • Enter Statute Number in Look-up Box and “Go” Congratulations! You’ve Found the Statute!

  20. 2). General Statutes Table of Contents

  21. Scroll Down

  22. Recap: 3 Easy Steps • Go to www.ncleg.net and click on “General Statutes” in Shortcut Menu • Click on “Table of Contents” and scroll down to a specific Chapter • Click on the link for that Chapter and then select the specific statute you are looking for Congratulations! You’ve Found the Statute!

  23. Finding Local Acts: 2 Easy Options • Specific Session Law Search • Historical Search

  24. Finding Local Acts

  25. 2 Options: Historic or Specific Historic Specific

  26. Historic Example: Cabarrus County

  27. Specific (SL 1999-34)

  28. Recap: 3 Easy Steps • Go to www.ncleg.net and click on “Session Laws” in shortcut menu • Search either for all session laws affecting your jurisdiction (historical) or a specific session law (specific) • Click on the link for the session law you are looking for Congratulations! You’ve Found the Session Law!

  29. Good Luck! Norma Houston 919.843.8930 nhouston@sog.unc.edu

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