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

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.

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

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  1. Real World ResearchDean Rowan and Teresa StantonUC-Berkeley Law LibraryMarch 5, 2008 Annotated Codes

  2. 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.

  3. 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)

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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.”

  9. 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

  10. 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.

  11. 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

  12. 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.

  13. 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

  14. 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

  15. 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

  16. 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)

  17. 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.).

  18. Annotated codes contain: • Text of the law • All notations in the official United States Code, plus • Notes of court decisions • Law review and journal commentaries • Research references

  19. 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

  20. 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

  21. 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.

  22. 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

  23. Searching Westlaw’s USCA database: • Search full text, including the annotations • Browse table of contents • Search Statutes Index • Search Popular Name Table

  24. United States Code Service • Full title is United States Code Service, Lawyer’s Edition • Commercial publication by LexisNexis

  25. 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.

  26. California annotated codes • Deering’s California Codes • published by LexisNexis • West’s Annotated California Codes • published by Thomson West

  27. Updating codes Annotated codes in print are updated • Periodically by legislative service pamphlets • Annually by pocket parts

  28. 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

  29. 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

  30. 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.

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