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