Statutes
Statutes are legislation that has been approved as law. When working with statues there are three forms of legislation to be concerned with. These are bills and legislative history, session law, and codes.
We have previously looked at the legislative process. At this point it is important to understand that anything that happens before a law is formally approved is legislative history, and while informative, is not law.
All bills enacted into law become session law. Most session law, but not all, is codified. Let's look at each of these two forms of law.
Session law
Session law is the initial publication of the laws passed in a legislative session. Session law is usually the positive law form, meaning it is the determinative form of the law if there is a dispute about the actual language of the law passed by the legislature. Session law never changes, but is subject to repeal or amendment by later session law.
Codes
Codes publish laws of general impact currently in force, arranged by topic with amendments in context. Codes allow the reader to determine the statutory law on a given subject regardless of how many session laws have contributed to the topic.
Since the code is constantly being modified by new or amended session law, codes are time sensitive and subject to change. Because of this codes are updated regularly.
Although codes are usually not the positive law form, they are authoritative and are prima facie evidence of the text of the law. Codes are intended to be the primary research tool for statutes.
Official codes
Official codes are published by the government. They are prima facie evidence of the law unless re-enacted as positive law form, which has happened to parts of the US Code.
Official codes are not annotated, and only provide the text of the law. They are also re-issued on a regular cycle in order to reflect session law changes.
Annotated Codes
Annotated codes are unofficial publications by private publishers. They are regularly updated, rather than re-published on a cycle, and are thus generally kept current.
An important addition to annotated codes is that they include interpretive and secondary materials. these include references to court cases that have interpreted a code section, as well as commentary and scholarly references. This makes annotated codes the preferred tool for statutory research.
Federal statutory law
Federal Session Law
Federal session law consists of the individual laws passed by Congress. Federal session laws identified by public law number, which consists of the number of the Congress, a dash, and then the sequential number of the law as it was passed.
Federal session law is offially published in the Statutes at Large. It is also published by private publishers including West (Thompson), which publishes the United States Code Congressional and Administrative News (U.S.C.C.A.N.), and by LexisNexis which publishes the Advance Service of the United States Code Service
Federal Code
The official code of the federal government is the United States Code (U.S.C.). It is reissued every six years, with annual supplements.
Federal annotated codes include the United States Code Annotated (U.S.C.A.), published by West, and the United States Code Service (U.S.C.S.), published by LexisNexis. Both include an index and various helpful finding tables. In book form they include pocket part updates.
State statutory law
State Session Law
Although there is variation, in most states the process of publishing session is similar to the federal system. Each law will be identified in a sequentially numbered form, and then published in a session law set.
State codes
All states have an official code, and all states have an annotated code published by a private company. Annotated codes are updated more frequently and contain additional valuable research material.
Annotated Code - see Tab 7: Intermediation
Bill - A legislative proposal for a law
Code / Statutory Code - A law (statute) published as a subject arrangement. When a new law is passed, all its components have a place in the existing Code, in their appropriate places.
Enactment - Used in conjunction with the date, and refers to the date of signature by the President
Public Law - A law (statute) published in the Statutes at Large
Session Law - All the laws passed during a given session of Congress, published in order of passage (and numbered as such).
Slip Law - The first published form of a law (statute).
Statute - A law enacted by a legislative body - such as the U.S. Congress, or a state senate. Statutes are the primary source of law in the United States, and typically authorize an administrative agency (such as the Federal Communications Commission, or the Securities Exchange Commission) to adopt rules pursuant to the Statute. (from Wex)
Congress.gov - "The official website for U.S. federal legislative information." For Bills, Laws, U.S. Code, and coverage of current legislative activity. From the Library of Congress (replaces Thomas).
FDsys - Government Publishing Office's Federal Digital System; authoritative source for Congressional, Federal agency, and Executive branch materials.
Legal Information Institute (LII) - free source for the U.S. Code and CFR, the Wex legal encyclopedia, and other free access to U.S. law.
Congressional Universe - ProQuest Congressional source for legislative history (Congressional hearings and Committee documents).
American Memory: A Century of Lawmaking for a New Nation - Digital documents from 1774-1875 from the Library of Congress.
In any statutory problem, you will want to find out how the statute has been applied to real people and situations, and whether it's changed over time. To see both, you should look at:
On LexisNexis, WestlawNext, or in print, pull up the statute that sets out the factors for "fair use" as a defense to copyright infringement, and find out what it says about using clips from broadcast sports events in a television news program. The citation is 17 U.S.C. § 107.
Legal Research in a Nutshell, pp. 97-128.
Legislation, also called Statute(s) (or sometimes simply "laws") is produced by the legislative branch of the Federal (U.S. Congress) or a state government (Illinois legislature).
Legislation is created by a process of drafting, discussion, amendment, study and voting, with signature from the executive (President of the U.S. or Governor of the state) in order for it to become law. Until signature, it is still just a bill -- a draft, not a law.
The legislative process tends to be slow: a bill can take up to two years to become law. It could actually take longer, but if a bill doesn't pass by the end of the 2-year congressional term, legislators must start over by introducing it again in the next term.
Statutes are highly structured, organized documents. The form of statutes that you will encounter most often in research and practice is the Code (U.S. Code or a state code). Codes are organized into subject groupings, so that all laws related to criminal procedure, for example, are kept together. The subject groupings are usually called Titles, and are numbered in roughly alphabetical order. For example, Title 17 of the U.S. Code is about Copyright, and Title 18 is about Crimes and Criminal Procedure.
Statutes also follow a structured outline format within each Title:
Each title is organized by Chapter, Subchapter, and Section (§). Sections should be read in context, along with the sections that precede and follow, as well as any definitions at the start of the Chapter or Subchapter.
Whenever used in this Act [21 U.S.C.S. §§ 61 et seq.] --
(a) The term "person" includes an individual, partnership, corporation, or association;
(b) The term "interstate or foreign commerce" means commerce (1) between any State, Territory, or possession, or the District of Columbia, and any place outside thereof; (2) between points within the same State, Territory, or possession, or within the District of Columbia, but through any place outside thereof; or (3) within any Territory or possession, or within the District of Columbia; and
(c) The term "filled milk" means any milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added, or which has been blended or compounded with, any fat or oil other than milk fat, so that the resulting product is in imitation or semblance of milk, cream, or skimmed milk, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated. This definition shall not include any distinctive proprietary food compound not readily mistaken in taste for milk or cream or for evaporated, condensed, or powdered milk, or cream: Provided, that such compound (1) is prepared and designed for feeding infants and young children and customarily used on the order of a physician; (2) is packed in individual cans containing not more than sixteen and one-half ounces and bearing a label in bold type that the content is to be used only for said purpose; (3) is shipped in interstate or foreign commerce exclusively to the physicians, wholesale and retail druggists, orphan asylums, child-welfare associations, hospitals, and similar institutions and generally disposed of by them.
(March 4, 1923, ch. 262, § 1, 42 Stat. 1486.)
When you want to do research on this legislative process, you can look for the documents produced at each stage along the way:
1-2. Every time a bill is introduced in the House or Senate, it is given a Bill Number and published as a government document. Bills can be found on Congress.gov, Congressional Universe, and in other library collections.
3. House and Senate Committees are the bodies charged with reviewing bills. A Committee can sit on a bill or "report it out," meaning that it is recommended for discussion on the full floor of the House or Senate. Committee Reports are available on Congressional Universe and a number of other sources, depending on the date of the bill. Committees also hold Hearings, either in conjunction with a bill or a topic. Experts and others may be called to give testimony before the Committee. Transcripts and prepared statements before the Committees are available under the umbrella of Committee Hearings, and are available widely, depending on date.
4. When bills are introduced, discussed, debated, and/or brought to a vote, it's done on the House or Senate floor. The journals of the House and Senate are published as the Congressional Record, and it is available widely. including on Congressional Universe and Hein Online.
5. When a bill passes both houses of Congress, it is then presented to the President of the United States for signature, If the President signs it, it becomes law, is given a Public Law number, and is published both on its own as a Slip Law, and in the Statutes at Large. The Statutes at Large also includes additional information, such as the Presidential Signing Statement (if there is one), the number of the bill that was ultimately passed (i.e., which version - House or Senate), and information about the Conference Committee Report (if there is one), which reports on the resolution of language between the House and Senate versions of the bill.
6. Finally, the new law is incorporated into the U.S. Code, which is organized by subject-based groupings called Titles.