CHAPTER 6 Constitutions, Statutes, and Administrative Regulations.

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Transcript of CHAPTER 6 Constitutions, Statutes, and Administrative Regulations.

CHAPTER 6CHAPTER 6

Constitutions, Statutes, and Constitutions, Statutes, and Administrative RegulationsAdministrative Regulations

The BluebookThe BluebookRule 11 – Example: Citing the Rule 11 – Example: Citing the Fourteenth Amendment of the Fourteenth Amendment of the

U.S. ConstitutionU.S. Constitution

U.S. CU.S. CONSTONST. amend. XIV.. amend. XIV.

The CitationThe Citation

The BluebookThe BluebookRule 11 – Example: Citing the Rule 11 – Example: Citing the Fourteenth Amendment of the Fourteenth Amendment of the

U.S. ConstitutionU.S. Constitution

U.S. CU.S. CONSTONST. . amend. XIV.amend. XIV.

The Constitution CitedThe Constitution Cited

The BluebookThe BluebookRule 11 – Example: Citing the Rule 11 – Example: Citing the Fourteenth Amendment of the Fourteenth Amendment of the

U.S. ConstitutionU.S. Constitution

U.S. CU.S. CONSTONST. . amend.amend. XIV. XIV.

Abbreviation for AmendmentAbbreviation for Amendment

The BluebookThe BluebookRule 11 – Example: Citing the Rule 11 – Example: Citing the Fourteenth Amendment of the Fourteenth Amendment of the

U.S. ConstitutionU.S. Constitution

U.S. CU.S. CONSTONST. amend. . amend. XIVXIV..

Number of Amendment CitedNumber of Amendment Cited

Citing a Constitutional Citing a Constitutional AmendmentAmendment

Spell out the numberSpell out the number 1414thth – Wrong – Wrong Fourteenth - CorrectFourteenth - Correct

Capitalize the number and word Capitalize the number and word amendmentamendment fourteenth amendment – Wrongfourteenth amendment – Wrong Fourteenth Amendment - CorrectFourteenth Amendment - Correct

The BluebookThe BluebookRule 12Rule 12

The The United States CodeUnited States Code (U.S.C.) is (U.S.C.) is the official federal codethe official federal code

There are two unofficial federal There are two unofficial federal codescodes United States Code ServiceUnited States Code Service (U.S.C.S.) (U.S.C.S.) United States Code AnnotatedUnited States Code Annotated (U.S.C.A.) (U.S.C.A.)

The BluebookThe BluebookRule 12Rule 12

Citing the Citing the United States CodeUnited States Code

18 U.S.C. 18 U.S.C. § 242 (2000).§ 242 (2000).

A A United States CodeUnited States Code Citation Citation

The BluebookThe BluebookRule 12Rule 12

Citing the Citing the United States CodeUnited States Code

18 18 U.S.C. U.S.C. § 242 (2000).§ 242 (2000).

The Title NumberThe Title Number

The BluebookThe BluebookRule 12Rule 12

Citing the Citing the United States CodeUnited States Code

18 18 U.S.C.U.S.C. § 242 (2000).§ 242 (2000).

The Code The Code

The BluebookThe BluebookRule 12Rule 12

Citing the Citing the United States CodeUnited States Code

18 U.S.C. 18 U.S.C. § 242§ 242 (2000). (2000).

The Code SectionThe Code Section

The BluebookThe BluebookRule 12Rule 12

Citing the Citing the United States CodeUnited States Code

18 U.S.C. 18 U.S.C. § 242 § 242 (2000)(2000)..

The YearThe Year

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 Health Act (OSHA) of 1970 29 U.S.C. 29 U.S.C. § 651 (1988 & § 651 (1988 &

Supp. V 1993)Supp. V 1993)

A A United States CodeUnited States Code CitationCitation

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 Health Act (OSHA) of 1970 29 29 U.S.C. U.S.C. § 651 (1988 & Supp. § 651 (1988 & Supp.

V 1993)V 1993)

The Title of the Act (Statute)The Title of the Act (Statute)

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 Health Act (OSHA) of 1970 2929 U.S.C. U.S.C. § 651 (1988 & Supp. § 651 (1988 & Supp.

V 1993)V 1993)

The Title NumberThe Title Number

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 29 Health Act (OSHA) of 1970 29 U.S.C. U.S.C. § 651 (1988 & Supp. § 651 (1988 & Supp.

V 1993)V 1993)

The CodeThe Code

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 29 Health Act (OSHA) of 1970 29 U.S.C. U.S.C. § 651§ 651 (1988 & Supp. (1988 & Supp.

V 1993)V 1993)

The Code SectionThe Code Section

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 29 Health Act (OSHA) of 1970 29 U.S.C. U.S.C. § 651 (§ 651 (19881988 & Supp. & Supp.

V 1993)V 1993)

The Year of the SupplementThe Year of the Supplement

The BluebookThe BluebookRule 12Rule 12

Citing a Federal StatuteCiting a Federal Statute

Occupational Safety and Occupational Safety and Health Act (OSHA) of 1970 29 Health Act (OSHA) of 1970 29 U.S.C. U.S.C. § 651 (1988 & Supp. § 651 (1988 & Supp.

V V 19931993))

The Year of the Bound VolumeThe Year of the Bound Volume

The BluebookThe BluebookRule 12 - State CodesRule 12 - State Codes

Cite similarly to federal code Cite similarly to federal code citationscitations

Review Review BluebookBluebook Table 1 for specific Table 1 for specific formats and abbreviationsformats and abbreviations

The BluebookThe BluebookRule 12.8.3Rule 12.8.3

Examples of Some Federal Examples of Some Federal CitationsCitations

Federal Rules of Civil Procedure (Rule 26)Federal Rules of Civil Procedure (Rule 26) FFEDED. R. C. R. CIVIV. P. 26.. P. 26.

Federal Rules of Criminal Procedure (Rule 6)Federal Rules of Criminal Procedure (Rule 6) FFEDED. R. C. R. CRIMRIM. P. 6.. P. 6.

Federal Rules of Evidence (Rule 301)Federal Rules of Evidence (Rule 301) FFEDED. R. E. R. EVIDVID. 301.. 301.

The U.S. ConstitutionThe U.S. Constitution

Published in numerous formsPublished in numerous forms

U.S.C.A. and U.S.C.S.:U.S.C.A. and U.S.C.S.: Index the ConstitutionIndex the Constitution Annotate the ConstitutionAnnotate the Constitution

Federal StatutesFederal StatutesEnactmentEnactment

Legislation is proposed as a billLegislation is proposed as a bill

Introduced to House of Representatives Introduced to House of Representatives and Senateand Senate

Referred to committeeReferred to committee

Voted on by chamber it was introduced inVoted on by chamber it was introduced in

Federal StatutesFederal StatutesEnactmentEnactment(continued)(continued)

Sent to other chamberSent to other chamber May be amendedMay be amended Voted onVoted on

If amended it’s sent back to the original If amended it’s sent back to the original chamber for a their vote chamber for a their vote Both chambers must pass exact billBoth chambers must pass exact bill

After passing both chambers it is sent to After passing both chambers it is sent to the President who will:the President who will: ApproveApprove Veto (Can be overridden by a joint 2/3 vote of Veto (Can be overridden by a joint 2/3 vote of

Congress)Congress)

Federal StatutesFederal Statutes

Laws enacted by Congress are Laws enacted by Congress are either:either: Public Laws – Laws which concern all of Public Laws – Laws which concern all of

societysociety Private Laws – Laws which concern Private Laws – Laws which concern

single individuals or specific groupssingle individuals or specific groups

Federal StatutesFederal StatutesPublicationPublication

Initial publication: As a slip Law in the Initial publication: As a slip Law in the Statutes at LargeStatutes at Large Published chronologicallyPublished chronologically

Official publication: Official publication: United States CodeUnited States Code Including pocket part supplementsIncluding pocket part supplements

Unofficial publications: Unofficial publications: U.S.C.A. U.S.C.A. U.S.C.S.U.S.C.S. On-line and other internet cites On-line and other internet cites

State StatutesState StatutesPublicationPublication

Initial publication: Session LawsInitial publication: Session Laws Official publication: State CodeOfficial publication: State Code

Including pocket part supplementsIncluding pocket part supplements Unofficial publications:Unofficial publications:

On-line and other internet citesOn-line and other internet cites

Local OrdinancesLocal Ordinances

Municipal and county ordinances are Municipal and county ordinances are not as widely published as federal not as widely published as federal and state statutesand state statutes

Check local law libraries for updates Check local law libraries for updates and availabilityand availability

Administrative RegulationsAdministrative Regulations

Initial publication: List of CFR Initial publication: List of CFR Sections Affected (LSA)Sections Affected (LSA) Refers the reader to Federal Register to Refers the reader to Federal Register to

view changesview changes

Official publication: Official publication: Code of Federal Code of Federal RegulationsRegulations (C.F.R.) (C.F.R.)

Court RulesCourt Rules

All Rules of Court are published with All Rules of Court are published with the appropriate codesthe appropriate codes

Other publications include:Other publications include: Federal Rules of Civil ProcedureFederal Rules of Civil Procedure Federal Rules of EvidenceFederal Rules of Evidence Federal Rules of Criminal ProcedureFederal Rules of Criminal Procedure