Legal Research Statutory Law. Statutory Law Primarily: Law resulting from legislative action...

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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