West Group Statutory Research. 2 Introduction to Statutes Finding Relevant Statutes Finding Relevant Statutes Verifying Statutory Research Verifying

Legal Legal ResearchResearch Lecture Series Lecture SeriesLegal Legal ResearchResearch Lecture Series Lecture Series

West GroupWest Group

Statutory ResearchStatutory Research

2

Statutory ResearchStatutory ResearchStatutory ResearchStatutory Research

Introduction to Statutes Finding Relevant Statutes Verifying Statutory Research Expanding Statutory Research

3

Introduction to Statutes

Statutory law, one of three primary sources of law in this country, is at the heart of a majority of legal research problems.

An Act

Legislative Branch

StatutesStatutesStatutesStatutes

Judicial Branch

Cases

Executive Branch

Agency Regulations,

Decisions

4

Bill Passes Congress or State

Legislature

President or

Governor Signs Bill


A statute is created when Congress or a state legislature passes a bill, and the president or governor signs it.

An Act

5


Legislature

President or

Governor Signs Bill

Session Law

Session Law


Once signed, the federal or state bill becomes known generically as a “session law.”

An Act

6


Federal session laws are published chronologically chronologically in sources such as U.S. Statutes at Large U.S. Statutes at Large and in West’s USCC&AN.USCC&AN.

7


State session laws are published chronologically chronologically in advanceadvance session law services session law services from West and other sources.

8


Federal session laws and the session laws from all fifty states are available on WestlawWestlaw as well.

PL 106-210 (HR 1832)May 26, 2000

MUHAMMAD ALI BOXING REFORM ACT

PL 106-210 (HR 1832)May 26, 2000

MUHAMMAD ALI BOXING REFORM ACT

9


Legislature

President or

Governor Signs Bill

Session Law

Statutory Code

Statutory Code


Session laws of a permanent and generalpermanent and general nature are codified to the statutory code statutory code of the jurisdiction.

An Act

10


Statutory codes are organized in broad subject categories broad subject categories — called “titles” at the federal level —for easier accessibility.

21. Food and Drugs21. Food and Drugs

Titles

11


Each subject category is further divided into sectionssections, which contain the actual text of the statute.

21 § 88121 § 881

§ 881. Forfeitures § 881. Forfeitures

Text

12


Sources for the federal statutory code include the United States United States CodeCode and West’s United States Code AnnotatedUnited States Code Annotated (USCAUSCA).

13


Each state has a statutory code as well. State codes are published by a variety of sources, including West.

14


The United States Code Annotated and the statutory codes of all fifty states are also available on Westlaw.Westlaw.

UNITED STATES CODE ANNOTATED

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART 1 — CRIMES

CHAPTER 10 — BIOLOGICAL WEAPONS

§175. Prohibitions with respect to biological weapons

UNITED STATES CODE ANNOTATED

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

PART 1 — CRIMES

CHAPTER 10 — BIOLOGICAL WEAPONS

§175. Prohibitions with respect to biological weapons

15


Legislature

President or

Governor Signs Bill

Session Law

Statutory Code


Codification Codification occurs when the language of the session law changes the statutory code in some manner.

An Act

16

Statutory Code


Session Law

For instance, a session law may addadd an entirely newnew section to the statutory code.

§ 14401. Findings and purpose(a) Findings Congress finds the following: (1) The Federal Government provides financial support for the provision of and payment for health care services, as well as for advocacy activities to protect the rights of individuals. (2) Assisted suicide, euthanasia, and mercy killing have been criminal offenses...

§ 14401. Findings and purpose(a) Findings Congress finds the following: (1) The Federal Government provides financial support for the provision of and payment for health care services, as well as for advocacy activities to protect the rights of individuals. (2) Assisted suicide, euthanasia, and mercy killing have been criminal offenses...

17

Statutory Code


Session Law

A session law may amendamend a current section in the statutory code.

IN GENERAL—Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by striking “1997,” each place it appears and inserting “2000,”.

IN GENERAL—Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by striking “1997,” each place it appears and inserting “2000,”.

1997199720002000

18

Statutory Code


Session Law

Or a session law may repeal repeal a current code section.

x

x

x

x

x

x

x

x

§ 776. Repealed. Pub.L. 106-128, § 2(b)(2), July 18, 2000, 111 Stat. 245

§ 776. Repealed. Pub.L. 106-128, § 2(b)(2), July 18, 2000, 111 Stat. 245

19


Amend

Add New Section

A session law often mandates changes to many different many different code sections and titles.code sections and titles.

Statutory CodeSession Law

Repeal

20


The USCA Popular Name TablePopular Name Table is one widely-used tool to determine where an act was codified in the USCA.

Popular Name TablePopular Name Table

21


This Act was codified to three different code titles, and to numerous sections within each title.

AAA Farm Relief and Inflation Act (Wagner-Lewis $500,000 Emergency Relief Act)

May 12, 1933, ch. 25, 48 Stat. 31 (7 §§ 601 to 604, 607, 608, 608a to 608c, 608c-1, 609 to 620, 623, 624; 12 §§ 347, 462b, 636, 723, 771, 781, 810, 823 note, 902,993, 1016 to 1019; 31 §§ 5301, 5304.

AAA Farm Relief and Inflation Act (Wagner-Lewis $500,000 Emergency Relief Act)

May 12, 1933, ch. 25, 48 Stat. 31 (7 §§ 601 to 604, 607, 608, 608a to 608c, 608c-1, 609 to 620, 623, 624; 12 §§ 347, 462b, 636, 723, 771, 781, 810, 823 note, 902,993, 1016 to 1019; 31 §§ 5301, 5304.

22



23

Finding Relevant Statutes

Scenario:Scenario:

Federal agents discovered a methamphetamine Federal agents discovered a methamphetamine lab on the farm of an absentee owner, who was lab on the farm of an absentee owner, who was unaware of the illicit activities on his land. The unaware of the illicit activities on his land. The tenant farmer was arrested on federal drug tenant farmer was arrested on federal drug charges. The government seeks to seize the land charges. The government seeks to seize the land as incident to the drug manufacturing operation, as incident to the drug manufacturing operation, under the federal civil forfeiture statute.under the federal civil forfeiture statute.

Issue:Issue:

Can the land of an innocent property owner used in Can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action?a drug crime be seized in a civil forfeiture action?

Scenario:Scenario:

Federal agents discovered a methamphetamine Federal agents discovered a methamphetamine lab on the farm of an absentee owner, who was lab on the farm of an absentee owner, who was unaware of the illicit activities on his land. The unaware of the illicit activities on his land. The tenant farmer was arrested on federal drug tenant farmer was arrested on federal drug charges. The government seeks to seize the land charges. The government seeks to seize the land as incident to the drug manufacturing operation, as incident to the drug manufacturing operation, under the federal civil forfeiture statute.under the federal civil forfeiture statute.

Issue:Issue:

Can the land of an innocent property owner used in Can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action?a drug crime be seized in a civil forfeiture action?

24


Each statutory code set has an alphabetical indexindex for finding statute sections relevant to an issue.

25


One of the benefits of using an index is that probable “access words” are cross-referenced with formal index headings.

DRUGS AND MEDICINE See, also, Controlled Substances, generally, this index

DRUGS AND MEDICINE See, also, Controlled Substances, generally, this index

26


The index provides references to the statutory code title(s) and section(s) relevant to your issue.

Lands, Forfeiture, 21 § 88121 § 881Lands, Forfeiture, 21 § 88121 § 881

CONTROLLED SUBSTANCESCONTROLLED SUBSTANCES

27


Review the statutory language in the statutory code title and section cited in the index.

§ 881. Forfeitures(a) Subject property

The following shall be subject to forfeiture to the United States and no property rights shall exist in…

(7) All real property, including any right, title, and interest…, which is used, or intended to be used...to facilitate the commission of, a violation of this subchapter..., except that no property shall be forfeited under this paragraph to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner.

§ 881. Forfeitures(a) Subject property

The following shall be subject to forfeiture to the United States and no property rights shall exist in…

(7) All real property, including any right, title, and interest…, which is used, or intended to be used...to facilitate the commission of, a violation of this subchapter..., except that no property shall be forfeited under this paragraph to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner.

21 § 88121 § 881

28


Westlaw provides another method of finding state or federal statutes relevant to an issue.

29


A natural languagenatural language search retrieves statutory documents that most closely match the concepts in your description.

can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action

30


The most statistically relevant statutory document in the USCA database is displayed first.

31



32

Verifying Statutory Research

Always verify your statutory research by checking the pocket pocket part part first for any amendments to the code section.

33


Review all code supplementscode supplements, such as USCA Interim Pamphlets and Statutory Supplements, for more recent amendments.

34


Check advance session law services,advance session law services, such as USCCAN, for the most current sources of amendments in print.

35


Westlaw announces new amendments to a statute section with an update message and a red KeyCiteKeyCite flag.

This document has been updated. Use KEYCITE.This document has been updated. Use KEYCITE.

36


KeyCite for StatutesKeyCite for Statutes cites and provides a hypertext link to the amending session law(s).

UPDATING DOCUMENTS

1. Amended by PL 106-185, April 25, 2000, 114 Stat 202.

UPDATING DOCUMENTS

1. Amended by PL 106-185, April 25, 2000, 114 Stat 202.

37


Browse the session law in term modeterm mode to go directly to the amendment of the relevant code section.

P.L. 106-185 (H.R. 1658)

April 25, 2000

CIVIL ASSET FORFEITURE REFORM ACT OF 2000

P.L. 106-185 (H.R. 1658)

April 25, 2000

CIVIL ASSET FORFEITURE REFORM ACT OF 2000

38


Review the language to determine how this session law has changed the code section.

<< 21 USCA § 881 >>

(b) DRUG FORFEITURES—Section 511(b) of the Controlled Substances Act (21 U.S.C. 881(b)) is amended to read as follows:

“(b) SEIZURE PROCEDURES—Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in section 981(b) of title 18, United States Code.”

<< 21 USCA § 881 >>

(b) DRUG FORFEITURES—Section 511(b) of the Controlled Substances Act (21 U.S.C. 881(b)) is amended to read as follows:

“(b) SEIZURE PROCEDURES—Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in section 981(b) of title 18, United States Code.”

39



40

Expanding Statutory Research

RegulationsRegulationsRegulationsRegulations

STATUTESTATUTE

CasesCasesCasesCases

Secondary Secondary SourcesSources

Secondary Secondary SourcesSources

LegislativeLegislativeHistoryHistory

LegislativeLegislativeHistoryHistory

West’s editorial enhancements to statutes provide paths to research sources that enhance understanding of the statute.

41


For legislative history, consult the Credits Credits after the text for cites to session laws that enacted and amended this section.

(Pub.L. 91-513, Title II, § 511, Oct. 27, 1970, 84 Stat. 1276; ...(Pub.L. 91-513, Title II, § 511, Oct. 27, 1970, 84 Stat. 1276; ...

...Pub.L. 104-237, Title II, § 201(b), Oct. 3, 1996, 110 Stat. 3101.)...Pub.L. 104-237, Title II, § 201(b), Oct. 3, 1996, 110 Stat. 3101.)

Credits

42


The Historical and Statutory NotesHistorical and Statutory Notes, compiled by West attorney editors, provide detail on the section’s legislative history.

1996 Amendments. Subsec. (a)(2), (6). Pub.L. 104-237, § 201(b)(1), added "or listed chemical" following "controlled substance", wherever appearing.

1996 Amendments. Subsec. (a)(2), (6). Pub.L. 104-237, § 201(b)(1), added "or listed chemical" following "controlled substance", wherever appearing.

Historical andStatutory

Notes

43


The West-compiled References References section provides leads to other legal research sources that relate to the statute’s subject.

ALR

Regulations

Digests

AmJur, C.J.S.

Forms

Who is exempt from forfeiture of real property under “innocent owner” provision of 21 USCA § 881(a)(7). 110 ALR Fed 569.


44



Law Review Articles

Civil forfeitures: Protecting the innocent owner. G. Richard Strafer, 37 U.Fla.L.Rev. 841 (1985).

Civil forfeitures: Protecting the innocent owner. G. Richard Strafer, 37 U.Fla.L.Rev. 841 (1985).

45



Texts and Treatises

Key Number Search

46


Notes of DecisionsNotes of Decisions

The Notes of Decisions Notes of Decisions provide citations and brief summaries of cases helpful to understanding the statute.

Notes of Decisions

Index

47


Notes of Decisions, often called “annotations”, are West- authored headnotesheadnotes from cases that construe the statute.

Government must show substantial connection between property and illegal drug transaction in order to obtain forfeiture of property. U.S. v. Parcel of Land and Residence at 28 Emery Street, Merrimac, Mass., C.A.1 (Mass.) 1990, 914 F.2d 1.


48




On Westlaw, the same references to expand research are available after the statute’s text and in KeyCite for Statutes.

49


On Westlaw, the same references to expand research are available after the statute’s text and in KeyCite for Statutes.



50


Consult KeyCite for Statute’s exclusive Pending Legislation service for links to current federal bills concerning the statute.

PENDING LEGISLATION

1. 1999 CONG US HR 2360, 106th CONGRESS, 2d Session (May 23, 2000), Reported to Senate, Exception created.

PENDING LEGISLATION

1. 1999 CONG US HR 2360, 106th CONGRESS, 2d Session (May 23, 2000), Reported to Senate, Exception created.

West GroupWest Group

©2000 West Group. All Rights Reserved.

Thank you for attending a presentation of the

Legal Research Lecture SeriesLegal Research Lecture SeriesLegal Research Lecture SeriesLegal Research Lecture Series

Documents

West Group Statutory Research. 2 Introduction to Statutes Finding Relevant Statutes Finding Relevant Statutes Verifying Statutory Research Verifying