Chapter 8 Research Materials in the United States

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    Chapter 8: RESEARCH MATERIALS IN THE UNITED STATES

    A.

    CASE LAW

    1.

    Federal Courts Decisions

    a.

    Decisions of the Supreme Court

    The decisions of the United States Supreme Court are reported in the following

    publications: United States Reports(Official Edition); and unofficially in the Supreme

    Court Reporter by West Publishing Company, and United States Supreme Court Reports,

    Lawyerss Edition by Lawyers Cooperative Publishing.

    b.

    Decisions of the Court of Appeals

    The appellate courts are divided geographically into twelve circuits, plus the U.S.

    Court of Appeals of the Federal Circuit. Their decisions are reported in the

    Federal Reporter (West Publishing Co.)

    c.

    Decisions of the District Courts

    The general trial courts in the US federal system and there are ninety four

    districts with one or more in each State. Their decisions are reported in the

    Federal Supplement (West).

    d.

    Decision of Special Federal Courts

    They likewise publish their decisions such as the Reports of the United States

    Tax Court and Cases Decided in the United States Court of Claims. West

    Publishing also publishes the decisions of some special courts such as the

    Bankruptcy Reporter and the Veterans Appeals Reporter.

    e.

    Computerized Legal Research Services

    WESTLAW of West Publishing Company and LEXIS of Mead Data Central, Inc.,provide computerized access to the decisions of the U.S. Supreme Court, Court

    of Appeals, District Courts, and specialized federal courts.

    2.

    State Courts Decisions

    The different states of the United States publish official reports of their courts

    decisions, specially the decisions of their Supreme Court. In New York where their

    highest court is call the New York Court of Appeals, the New York Reports report the

    decisions of said Court.

    The National Reporter System, published by West Publishing , divides the country into

    seven regions and reports the decisions of the appellate courts of the different states ineach region together in one series of volumes

    B.

    STATUTORY LAW

    1.

    Federal Level

    a.

    Federal Constitution

    The Constitution of the United States of America, published by the Library of

    Congress contains each article, section and clause of the Constitution and its

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    amendments. Digests of federal courts cases interpreting the Constitution are

    contained in the U.S. Supreme Court Digest of West and the Digest of United

    States Supreme Court Reports of Lawyers Cooperative.

    Discussions on constitutional issues may be contained in the Annotations in the

    A.L.R. Federal, U.S. Supreme Court Reports, Lawyers Edition.

    b.

    Federal Statutes

    The laws, both public and private, passed by the U.S. Congress are first

    published as slip laws, the first official text of the new law, by the government

    and by commercial publishers. These laws are cumulated in bound volumes as

    the official Statutes at Large for the session.

    The United States Code which arranges the public laws by subject into forty-

    eight titles, is the official subject compilation of federal status. Twenty-two titles

    have been reenacted as positive law, becoming their authoritative text. The

    remaining titles are merely prima facie evidence of the law as the Statutes at

    Large remains the authoritative source for them.

    c.

    Federal Administrative Regulations

    The annual United States Government Manual provides the structure and

    functions of the executive branch and federal agencies of the United States.

    Administrative regulations to have general legal effect must be published in the

    Federal Register.

    The Code of Federal Regualations contains the executive and administrative

    regulations as taken from the Federal Register and arranged by subject in fifty

    titles, mainly carrying the U.S. Code titles to which they relate.

    d.

    Federal Administrative Decisions

    Federal agencies, with quasi-judicial powers, render decisions which are

    published. An example is the CCH Trade Regulation Reporter which contains the

    decisions of the Federal Trade Commission

    e. Executive Documents

    The Federal Register, as earlier mentioned, contains executive orders and

    proclamations of the President. The USSCAN and USCS Advance also include them. The

    Presidential messages to Congress are published in the Congressional Record. ExecutiveAgreements are published in the official U.S. Treaties and Other International

    Agreements.

    2.

    STATE LEVEL

    1.

    State Constitutions

    The State Constitutional Committees, Commission and Amendments, a microfiche

    collection of the Congressional Information Service, is a comprehensive source of

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    documents for the fifty states. It is published in the Constitutions of the United States:

    National and State, by Columbia University.

    2.

    State Statutes

    Each state has a publication of the laws enacted by its legislature, such as Statues of

    California and Acts of Alabama

    3.

    State and Local Administrative Laws, Regulations and Decisions

    The Book of the States by the Council of State Governments, provides basic information

    on government operations in each of the fifty states. State agencies with quasi-judicial

    powers, render decisions which are also published in official form. In the municipal or

    local level, administrative regulations and decisions are rarely published.