Chapter 8 Research Materials in the United States
Transcript of 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.