Introduction to Statutory Research

Sources of American Law Statutory Law is enacted by the Legislatures. Case Law is decided by the Courts. Regulations are issued by the Executive Branch (Agencies).

Federal Statutes Federal statutes are codified in the United States Code. The United States Code (USC) is the official version of the statutes and is published by the Government Printing Office. The United States Code Annotated® (USCA)® in print is published by West. USCA is the database on Westlaw® that contains the USCA.

State Statutes Each state has a statutes publication. The publication might be called statutes, statutes annotated, laws, code, or code annotated. The annotated versions enhance your ability to find relevant cases and statutes. XX-ST-ANN (where XX is the state’s two-letter postal abbreviation) is the database identifier for annotated state statutes on Westlaw.

State Legislative Processes Most state legislatures are modeled after the United States Congress and consist of two houses. Only Nebraska has a one-house legislature. Legislation moves through state legislatures in much the same way it moves through Congress. The governor signs or vetoes the legislation and there are state provisions for overriding a governor’s veto. What is said about the federal legislative process is usually true of state legislative processes. The model for this presentation will be the federal statutes.

Statutes: the Neglected Side of Legal Research Most of what you learn in law school will be based on the common-law traditions of the courts. Statutory law is often obscurely or ambiguously worded. It must be interpreted by case law. This case law often becomes a more accessible source of law than the statute. Statutory research may seem complicated. This is due, in part, to the fact most that researchers are not trained in statutory research.

Statutes are the Neglected Side of Legal Research But… Statutes are around to stay. They are the cornerstone of our legal system. Only a court of competence can declare a clearly worded statute unconstitutional. Don’t fight them. There is help!