1 Finding the Law Finding the Law What is the Law? What is the Law? “enacted law enacted law” -- -- statutes statutes passed by passed by Congress/State Legislature Congress/State Legislature “man man- made law made law” -- -- cases cases decided by judges decided by judges “administrative law administrative law” -- -- regulations regulations promulgated promulgated by agencies by agencies Federal v. State Federal v. State Federal Federal statutes passed by Congress statutes passed by Congress cases decided by federal courts cases decided by federal courts regulations promulgated by federal agencies regulations promulgated by federal agencies Texas Texas statutes passed by legislature statutes passed by legislature cases decided by state courts cases decided by state courts regulations promulgated by state agencies regulations promulgated by state agencies
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Finding the LawFinding the Law
What is the Law?What is the Law?
““enacted lawenacted law”” ---- statutesstatutes passed by passed by Congress/State LegislatureCongress/State Legislature
““manman--made lawmade law”” ---- casescases decided by judgesdecided by judges
FederalFederalstatutes passed by Congressstatutes passed by Congresscases decided by federal courtscases decided by federal courtsregulations promulgated by federal agenciesregulations promulgated by federal agencies
TexasTexasstatutes passed by legislaturestatutes passed by legislaturecases decided by state courtscases decided by state courtsregulations promulgated by state agenciesregulations promulgated by state agencies
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What What ““lawlaw”” do I need?do I need?
Is it a federal law?Is it a federal law?constitutional right (religion/speech/voting), constitutional right (religion/speech/voting), sex/race/age discrimination, federal taxation, sex/race/age discrimination, federal taxation, bankruptcy, copyright, some drug offenses, bankruptcy, copyright, some drug offenses, immigrationimmigration
Is it a Texas law?Is it a Texas law?Texas constitutional right, family law, landlordTexas constitutional right, family law, landlord--tenant law, consumer law, probate, traffic, most tenant law, consumer law, probate, traffic, most crimescrimes
Federal StatutesFederal StatutesUnited States CodeUnited States Code
Most Texas statutes are grouped by subject in Most Texas statutes are grouped by subject in ““codescodes”” (Probate Code, Family Code)(Probate Code, Family Code)
Each code has a Table of Contents and typically Each code has a Table of Contents and typically is subdivided into Titlesis subdivided into Titles
The entire set has a detailed index!!!The entire set has a detailed index!!!
Family CodeFamily Code----TOCTOC
Title 1: The Marriage Title 1: The Marriage RelationshipRelationship
The StatuteThe Statute ReferencesReferences
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US StatutesUS Statutes
Working with IndexWorking with IndexUSCA & USCS have general indexUSCA & USCS have general index——updated updated annuallyannuallyIndex at end of each titleIndex at end of each title——updated when main updated when main volume containing it is updatedvolume containing it is updated——except Title 42 in except Title 42 in USCAUSCA——annually; no index in pocket partsannually; no index in pocket parts
Different code version indexes differDifferent code version indexes differ——may may need to look in USCA & USCSneed to look in USCA & USCS
In Print or OnlineIn Print or Online
Look for terms you expect to find in the legislationLook for terms you expect to find in the legislation
Browsing General Index in print more fruitful: Browsing General Index in print more fruitful: How do you find the penalty for carrying a machine How do you find the penalty for carrying a machine gun?gun? TtileTtile 18, Section 92218, Section 922What are the construction standards for a trailer home What are the construction standards for a trailer home (manufactured home)? Title 42, Section 5401(manufactured home)? Title 42, Section 5401What are the penalties for tampering with a motor vehicle What are the penalties for tampering with a motor vehicle odometer? Title 49, Section 32709, 32703...odometer? Title 49, Section 32709, 32703...
If researching online, chose links to narrow topic and then typeIf researching online, chose links to narrow topic and then typekeywords into keywords into ““SearchSearch”” boxes or boxes or ““Ctrl FCtrl F”” box. box.
What if you need an early version What if you need an early version of a statute?of a statute?
USC USC Each print edition designed for permanent retention & on Each print edition designed for permanent retention & on microfichemicrofiche——Wm. Hein PublishingWm. Hein PublishingOnline from 1994 version to presentOnline from 1994 version to present
Archival files in Archival files in Westlaw for USCA since 1990Westlaw for USCA since 1990Lexis for USCS since 1992Lexis for USCS since 1992
In printIn print--find public law number in USCA and refer to find public law number in USCA and refer to Statutes at Large, 108Statutes at Large, 108--312312
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Statutes at Large (Session laws)Statutes at Large (Session laws)
Updates for statutes that havenUpdates for statutes that haven’’t made it into t made it into the codethe codeStatutes that are dispersed in the codeStatutes that are dispersed in the codeStatutes that donStatutes that don’’t get into the code (private & t get into the code (private & nonnon--permanent laws)permanent laws)New laws without reference to codeNew laws without reference to codeVerifying accuracy of Titles not reenacted as Verifying accuracy of Titles not reenacted as positive law (only 23/50 reenacted=positive law (only 23/50 reenacted=““legal legal evidenceevidence””))
Laws that donLaws that don’’t get in the Codet get in the Code
Session laws not widely accessible onlineSession laws not widely accessible onlineLOC American Memory websiteLOC American Memory website——11stst 43 43 congresses: 1789congresses: 1789--18751875Uncodified public lawsUncodified public laws
Westlaw back to 1973 (click thru from statute to Westlaw back to 1973 (click thru from statute to session law source)session law source)Lexis back to 1988Lexis back to 1988GPO Access back to 1995GPO Access back to 1995Before 1973Before 1973——separate subject index for each separate subject index for each congresscongress
Federal Procedure Rules govern the conduct of all Federal Procedure Rules govern the conduct of all civil actions brought in Federal district courts. civil actions brought in Federal district courts. http://http://www.law.cornell.edu/rules/frcp/index.htmlwww.law.cornell.edu/rules/frcp/index.html
Case LawCase Law
Cases are binding precedent upon future parties Cases are binding precedent upon future parties and situationsand situationsSome cases deal with Some cases deal with ““common lawcommon law”” issues issues found only in case law.found only in case law.Some cases explain statutes Some cases explain statutes ---- how a statute is how a statute is applied to a situation, what certain terms in a applied to a situation, what certain terms in a statute meanstatute mean
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Where do I find cases?Where do I find cases?
State and federal cases State and federal cases are published in are published in ““Reporters.Reporters.””Reporters compile cases Reporters compile cases chronologically, not by chronologically, not by topictopicAn index, called a An index, called a ““digestdigest”” will lead you to will lead you to cases based on a topiccases based on a topic
Digest to all Federal CasesDigest to all Federal Cases
Contains summaries of cases from all federal Contains summaries of cases from all federal courtscourts
Texas DigestTexas Digest
Contains summaries of cases from the state Contains summaries of cases from the state courts AND federal courts within Texascourts AND federal courts within Texas
Look up topics (Look up topics (““WillsWills”” or or ““ContractsContracts””))Choose between subtopics (Choose between subtopics (““handwritten willshandwritten wills””))Until you find cases you need (Wills/handwritten Until you find cases you need (Wills/handwritten wills/witness unnecessary)wills/witness unnecessary)
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Federal CasesFederal Cases
Federal courts are divided into three levelsFederal courts are divided into three levelsU.S. District Courts (trial level)U.S. District Courts (trial level)
E.g., Southern District of TexasE.g., Southern District of Texas
U.S. Circuit Courts of Appeal (appellate level)U.S. Circuit Courts of Appeal (appellate level)E.g., 5E.g., 5thth Circuit Circuit
U.S. Supreme Court (court of last resort)U.S. Supreme Court (court of last resort)
Southwestern ReporterSouthwestern Reporter----publishes publishes TX, AK, MO, TN, KY casesTX, AK, MO, TN, KY cases
Cases decided by the following state Cases decided by the following state courts are available on the Internetcourts are available on the InternetTexas Supreme Court (civil cases)Texas Supreme Court (civil cases)
http://http://www.supreme.courts.state.tx.us/opinions/casesearwww.supreme.courts.state.tx.us/opinions/casesearch.aspch.aspTexas Court of Criminal Appeals (criminal cases)Texas Court of Criminal Appeals (criminal cases)
http://http://www.cca.courts.state.tx.us/opinions/casesearch.aswww.cca.courts.state.tx.us/opinions/casesearch.aspp14th Court of Appeals (Houston14th Court of Appeals (Houston--area appellate court)area appellate court)
http://www.14thcoa.courts.state.tx.us/http://www.14thcoa.courts.state.tx.us/1st Court of Appeals (Houston1st Court of Appeals (Houston--area appellate court)area appellate court)
Law blogs focus on one niche of the law or Law blogs focus on one niche of the law or jurisdictionjurisdiction
http://http://texaslaw.blogspot.comtexaslaw.blogspot.com// (monitors Texas (monitors Texas law and politics)law and politics)http://www.immigrationhttp://www.immigration--lawlaw--answersanswers--blog.com/blog.com/ (Immigration Law & questions)(Immigration Law & questions)http://www.chrislawyer.blogspot.com/http://www.chrislawyer.blogspot.com/ (Texas (Texas Family Law) Family Law) http://www.texasdefenselaw.com/recent_newshttp://www.texasdefenselaw.com/recent_news// (Texas Criminal Law)(Texas Criminal Law)
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Other Helpful Internet SitesOther Helpful Internet Sites
Information covering all levels of federal courtsInformation covering all levels of federal courtshttp://http://www.uscourts.govwww.uscourts.gov//
Federal Laws & RegulationsFederal Laws & Regulationshttp://http://www.usa.gov/Topics/Reference_Shelf/Laws.shtmlwww.usa.gov/Topics/Reference_Shelf/Laws.shtml