Statutory Research. I) Federal Statutory Research a)Popular Names Table b)Public Laws c)United...

Statutory Research

Statutory Research

I) Federal Statutory Researcha) Popular Names Tableb) Public Lawsc) United States Code (U.S.C.) d) Segments and the U.S.C.e) Book Browse f) Table of Contents (TOC) g) Practitioner’s Toolbox

II) State Statutory Research

III) Quiz

Table of Contents

Federal Statutory Research


Federal statutory research inevitably involves searching the United States Code (U.S.C.)

LexisNexis has several supplemental sources and features to help effectively fine-tune your statutory research:

Supplemental Sources:• Popular Names Table• Public Laws

Search/Navigation Features:• Electronic Table of Contents (ETOC) view• Segments• Book Browse


Popular Names Table


The Popular Names Table identifies where in the U.S. Code a specific act is codified.

The Popular Names Table is an ideal place to begin federal statutory research when you know the name of the act you’re researching, but not the Public Law or U.S. Code citation(s).

Popular Names Table


1. Select Federal Legal – U.S.

2. Select United States Code Service (USCS) Materials

3. Select USCS Popular Names Table

Popular Names Table

To locate the Popular Names Table:

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To search in the Popular Names Table:

1. Be sure the Terms and Connectors radio button is selected

2. Enter the name of the act in the open search field (e.g., Americans with Disabilities)

3. Under Search choose to search within Full-text of source documents

4. Click Search


Popular Names Table

Note: Depending on your settings, you will see one of the two search templates above.

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The Table of Contents search template also provides the option of browsing through the alphabetical index by expanding the appropriate letter of the first word in the act name (e.g., Names Beginning With A for Americans with Disabilities Act).


Popular Names Table

It is not uncommon to retrieve multiple results when searching for a single act in the USCS Popular Names Table.

Typically, the full name of each act will appear:

1. In the alphabetical index for the appropriate first letter of the act

2. Further down in that letter's alphabetical listing (where the detailed legislative information is provided)


Popular Names Table - Search Results

Note: An additional result is common when searching for acts also known by a common acronym (e.g., RICO or CERCLA).

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The first entry below the act name provides the legislative reference for the act's original enactment:


A. Public Law 101-336

B. Originally enacted July 26, 1990

C. U.S. Code citationB C


A

The legislative information provided allows you to:

Link into the U.S. Code at the specified section (the beginning of the Act).

-OR-

Access the full text of the public law (using Get a Document) from the citation provided


Note: The additional chronological entries under each act represent subsequently enacted legislation amending the parent act – and is often a great place to start legislative history research.


Federal Statutory Research Public Laws

1. Make note of the Public Law citation

2. Click the Get a Document tab3. Be sure Citation is selected4. Enter the citation in the open

field5. Select the Full Text radio

button6. Click Get

Public Laws


To retrieve the full text of the Public Law:

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Note: To retrieve Public Laws using Get a Document, enter the citation in the following order: the number of the congressional session that enacted the law (101), followed by “pl” and then the chronological number of the law within that session (336)

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If you are unsure of the citation for the Public Law, you can search the Public Laws database by the popular name of the act to find it.

Note: The search above finds only those public laws with the act name specified in the heading of the document. To find all references to the ADA, simply remove the word “heading” and the associated parentheses (e.g., americans with disabilities act).

1. Follow the source path: Federal Legal – U.S. > United States Code Service (USCS) Materials > USCS-Public Laws

2. Be sure the Terms and Connectors radio button selected

3. Enter your search in the open field (e.g., heading(Americans with disabilities act)

4. Click Search


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Public Laws

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Public Law documents are a great place to begin legislative history research as well:

A. The BILL TRACKING REPORT links to the bill’s chronological history, and includes links to online legislative history resources, such as committee reports, hearing transcripts, etc.

B. The FULL TEXT VERSION(S) OF BILL links to the multiple versions of the bill to help better understand Congress’ intent.


The full text Public Law document represents the final version of the legislation as it was drafted when it was signed into law.

It is also the final iteration of the act before being broken down and integrated into the U.S. Code.

AB

Public Laws

Federal StatutoryResearch

United States Code (U.S.C.)

Where do I find it?

The United States Code is one of the primary sources under Federal Legal – U.S.


United States Code

1. Full-text search:

• Be sure the Terms and Connectors radio button is selected

• Enter your search in the open field (e.g., homeland security)

• Under Search choose to search within Full-text of source documents

• Click Search

Over 1700 results

Federal Statutory Research United States Code

Three Ways to Search the United States Code

2. Table of Contents (TOC) only:

• Be sure the Terms and Connectors radio button is selected

• Enter your search in the open field (e.g., homeland security)

• Under Search choose to search within Table of Contents (TOC) only

• Click Search

Less than 30 results

Federal Statutory Research Three Ways to Search the United States Code

United States Code

3. Browse the Table of Contents (TOC):

•Click to expand Title 6 – Domestic Security

•Click to expand CHAPTER 1 – HOMELAND SECURITY ORGANIZATION

•Click to expand DEPARTMENT OF HOMELAND SECURITY

Your results are limited to those sections directly related to your issue (homeland security) with adjacent sections/chapters also displaying in context as well to determine potential relevancy.

Federal Statutory Research Three Ways to Search the United States Code

United States Code

A

Federal Statutory Research United States Code - Important Notes

A. If the Advanced Search template displays upon accessing the source, click Browse TOC to access the TOC search template

B

C

Federal Statutory Research United States Code - Important Notes

B. The Full-text and Table of Contents (TOC) only search options are both available from Table of Contents search template.

C. The checkboxes to the left of the various titles, subtitles, etc. in the TOC can be used for selective document searching in tandem with the Full-text or Table of Contents (TOC) only search options

LexisNexis recognizes each section of any code as an individual document having several typical components (called “Segments.”)

Segments are natural divisions within a document.

LexisNexis provides the ability to search for specified terms within any segment as desired.

Segments - Reading/Understanding Code Sections on LexisNexis


Segments - Reading/Understanding Code Sections on LexisNexis


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BC D

Typical code section segments include:

A. HEADING – includes the title/chapter/sub-chapter names and

numbers where the section is codified

B. CITE – includes the citation information for the document (title and section number)

C. SECTION – includes the number and name of the particular section

D. TEXT – includes the enacted language of the code section (excluding the HEADING, CITE, and SECTION information)

Additional Navigation/Research Tools


Book Browse: To view preceding/subsequent code sections to the current section you’re viewing:

A. Click Book Browse

B. Click the Prev/Next links to move forward or backward within the code

C. To exit the Book Browse feature and return to the initial code section you were viewing, click Return to Search Results

BC

A

Table of Contents (TOC) allows you to view surrounding code sections with the TOC expanded out to the specific section you were viewing.

Click TOC

TOC view is best used when you have searched the entirety of a code and identified a relevant section, to see if surrounding sections are also helpful.



The Practitioner's Toolbox is a "one stop shop" not only designed to enhance the efficiency of your research, but organized to supplement your research by providing links to additional relevant resources all in one place.

Common resources typically linked in the Practitioner’s Toolbox include:

• History – of the current code section

• Interpretive Notes/Decisions• CFR (Code of Federal

Regulations)• Relevant Treatise/Law

Review Content



State Statutory Research


To access a specific state’s code:

1. Click States Legal – U.S.

2. Click the link for the appropriate state from the alphabetical list (e.g., Arizona)

3. Click Find Statutes, Regulations, Administrative Materials & Court Rules

4. Select the appropriate statutory code source (e.g., AZ – Arizona Revised Statutes Annotated)

Coverage/Access

The LexisNexis Research System includes the statutory code for all 50 states, as well as the District of Columbia and the Virgin Islands

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The same navigation/research tools available for searching the U.S. Code are also available when performing state statutory research:

• Search Options Full-text Table of Contents (TOC) only Browse the TOC Segments

• Browse Options Book Browse TOC view Practitioner’s Toolbox (in 20 states only)

Navigation/Research Tools

Statutory Research Quiz


1. What navigation tool allows you to view those statutory sections immediately preceding or following the current section you are viewing? Explain briefly how to use this tool.

Book Browse

While viewing any code section, click Book Browse at the top center of the page. Use the Prev/Next links to navigate to adjacent code sections

Question #1

Source: USCS Popular Names Table (Legal > Federal Legal – U.S. > United States Code Service (USCS) Materials > USCS Popular Names Table)

Option #1:• Enter Freedom of Information Act in the open search field• Be sure the Terms and Connectors radio button is selected• Choose to search Table of Contents(TOC) only• Click Search• Click the name of the Act to view the full listing

The Public Law number is 89-487 (found on the first line of the legislative information)

Note: In step 3 above, if you search the Full-text of source documents you get 4 results, with the 4th document providing the requisite legislative information.

2. The Freedom of Information Act was passed in 1966. What is the Public Law number for this Act? Describe the steps you took to find the answer.


Question #2

Source: USCS Popular Names Table (Legal > Federal Legal – U.S. > United States Code Service (USCS) Materials > USCS Popular Names Table)

Note: In step 3 above, if you search the Full-text of source documents you get 4 results, with the 4th document providing the requisite legislative information.


Question #2

Option #2:

• Using the TOC, click to expand the heading Names Beginning With “F”• Use the Prev/Next links at the bottom of the page to browse the alphabetical listing• Click Freedom of Information Act

The Public Law number is 89-487 (found on the first line of the legislative information)

2. The Freedom of Information Act was passed in 1966. What is the Public Law number for this Act? Describe the steps you took to find the answer.

3. 29 USCS §2617 discusses civil liability for employers who violate the Family Medical Leave Act (Public Law 103-3). Since its original enactment in 1993 has this specific U.S. Code section been amended?


Question #3

Yes

• Retrieve the code section in question using Get a Document• Click History in the Practitioner’s Toolbox to jump directly to the History

segment of the document• Note there are two legislative references in the History

O PL 103-3 – from 1993 – the original enactment of the Family Medical Leave Act

O PL 104-1 – from 1995 – a subsequent amendment to this section


4. TRUE or FALSE: Public Law documents on the LexisNexis Research System contain legislative history information?

TRUE

While the Public Laws themselves may only have limited legislative history information, the links on the Public Law documents on LexisNexis to the Bill Tracking Reports and the Full-text version(s) of the Bill(s) are excellent resources for more substantive legislative history information.

Question #4

5. Which of the following formats is recognized by Get a Document to retrieve Public Law 102-282 (Generic Drug Enforcement Act)?

A. pl 102-282

B. public law 102-282

C. 102 pl 282

D. 102 public law 282

E. Both C and D


E - Both C and D

While choice C is the recommended format for retrieving Public Laws, and the one found in the Citation Format Assistant, choice D also works.

Question #5

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