West Group Statutory Research

2  Introduction to Statutes  Finding Relevant Statutes Finding Relevant Statutes  Verifying Statutory Research Verifying Statutory Research  Expanding 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 StatutesStatutes Judicial Branch Cases Executive Branch Agency Regulations, Decisions

4 Bill Passes Congress or State Legislature President or Governor Signs Bill Introduction to Statutes A statute is created when Congress or a state legislature passes a bill, and the president or governor signs it. An Act

5 Bill Passes Congress or State Legislature President or Governor Signs Bill Session Law Session Law Introduction to Statutes Once signed, the federal or state bill becomes known generically as a “session law.” An Act

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

7 Introduction to Statutes chronologicallyadvance session law services State session laws are published chronologically in advance session law services from West and other sources.

8 Introduction to Statutes Westlaw Federal session laws and the session laws from all fifty states are available on Westlaw as well. PL (HR 1832) May 26, 2000 MUHAMMAD ALI BOXING REFORM ACT PL (HR 1832) May 26, 2000 MUHAMMAD ALI BOXING REFORM ACT

9 Bill Passes Congress or State Legislature President or Governor Signs Bill Session Law Statutory Code Introduction to Statutes permanent and general statutory code Session laws of a permanent and general nature are codified to the statutory code of the jurisdiction. An Act

10 Introduction to Statutes broad subject categories Statutory codes are organized in broad subject categories — called “titles” at the federal level —for easier accessibility. 21. Food and Drugs Titles

11 Introduction to Statutes sections Each subject category is further divided into sections, which contain the actual text of the statute. 21 § 881 § 881. Forfeitures Text

12 Introduction to Statutes United States CodeUnited States Code AnnotatedUSCA Sources for the federal statutory code include the United States Code and West’s United States Code Annotated (USCA).

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

14 Introduction to Statutes Westlaw. The United States Code Annotated and the statutory codes of all fifty states are also available on 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 Bill Passes Congress or State Legislature President or Governor Signs Bill Session Law Statutory Code Introduction to Statutes Codification Codification occurs when the language of the session law changes the statutory code in some manner. An Act

16 Statutory Code Introduction to Statutes Session Law addnew For instance, a session law may add an entirely new section to the statutory code. § 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... § 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 Introduction to Statutes Session Law amend A session law may amend 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,”

18 Statutory Code Introduction to Statutes Session Law repeal Or a session law may repeal a current code section. xxxxxxxxxxxxxxxx § 776. Repealed. Pub.L , § 2(b)(2), July 18, 2000, 111 Stat. 245

19 Introduction to Statutes Amend Add New Section many different code sections and titles. A session law often mandates changes to many different code sections and titles. Statutory CodeSession Law Repeal

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

21 Introduction to Statutes 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, 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  Introduction to Statutes Introduction to Statutes  Finding Relevant Statutes  Verifying Statutory Research Verifying Statutory Research  Expanding Statutory Research Expanding Statutory Research

23 Finding Relevant StatutesScenario: Federal agents discovered a methamphetamine lab on the farm of an absentee owner, who was unaware of the illicit activities on his land. The tenant farmer was arrested on federal drug charges. The government seeks to seize the land as incident to the drug manufacturing operation, under the federal civil forfeiture statute. Issue: Can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action? Can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action?Scenario: Federal agents discovered a methamphetamine lab on the farm of an absentee owner, who was unaware of the illicit activities on his land. The tenant farmer was arrested on federal drug charges. The government seeks to seize the land as incident to the drug manufacturing operation, under the federal civil forfeiture statute. Issue: Can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action? Can the land of an innocent property owner used in a drug crime be seized in a civil forfeiture action?

24 Finding Relevant Statutes index Each statutory code set has an alphabetical index for finding statute sections relevant to an issue.

25 Finding Relevant Statutes 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 Finding Relevant Statutes The index provides references to the statutory code title(s) and section(s) relevant to your issue. 21 § 881 Lands, Forfeiture, 21 § 881 CONTROLLED SUBSTANCES

27 Finding Relevant Statutes 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 § 881

28 Finding Relevant Statutes Westlaw provides another method of finding state or federal statutes relevant to an issue.

29 Finding Relevant Statutes natural language A natural 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 Finding Relevant Statutes The most statistically relevant statutory document in the USCA database is displayed first.

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

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

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

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

35 Verifying Statutory Research KeyCite Westlaw announces new amendments to a statute section with an update message and a red KeyCite flag. This document has been updated. Use KEYCITE.

36 Verifying Statutory Research KeyCite for Statutes KeyCite for Statutes cites and provides a hypertext link to the amending session law(s). UPDATING DOCUMENTS 1. Amended by PL , April 25, 2000, 114 Stat 202. UPDATING DOCUMENTS 1. Amended by PL , April 25, 2000, 114 Stat 202.

37 Verifying Statutory Research term mode Browse the session law in term mode to go directly to the amendment of the relevant code section. P.L (H.R. 1658) April 25, 2000 CIVIL ASSET FORFEITURE REFORM ACT OF 2000 P.L (H.R. 1658) April 25, 2000 CIVIL ASSET FORFEITURE REFORM ACT OF 2000

38 Verifying Statutory Research Review the language to determine how this session law has changed the code section. > (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.” > (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  Introduction to Statutes Introduction to Statutes  Finding Relevant Statutes Finding Relevant Statutes  Verifying Statutory Research Verifying Statutory Research  Expanding Statutory Research

40 Expanding Statutory ResearchRegulationsRegulations STATUTE CasesCases SecondarySourcesSecondarySourcesLegislativeHistoryLegislativeHistory West’s editorial enhancements to statutes provide paths to research sources that enhance understanding of the statute.

41 Expanding Statutory Research Credits For legislative history, consult the Credits after the text for cites to session laws that enacted and amended this section. (Pub.L , Title II, § 511, Oct. 27, 1970, 84 Stat. 1276; Pub.L , Title II, § 201(b), Oct. 3, 1996, 110 Stat ) Credits

42 Expanding Statutory Research Historical and Statutory Notes The Historical and Statutory Notes, compiled by West attorney editors, provide detail on the section’s legislative history Amendments. Subsec. (a)(2), (6). Pub.L , § 201(b)(1), added "or listed chemical" following "controlled substance", wherever appearing. Historical and Statutory Notes

43 Expanding Statutory Research References The West-compiled 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 Expanding Statutory Research References The West-compiled References section provides leads to other legal research sources that relate to the statute’s subject. Law Review Articles Civil forfeitures: Protecting the innocent owner. G. Richard Strafer, 37 U.Fla.L.Rev. 841 (1985).

45 Expanding Statutory Research References The West-compiled References section provides leads to other legal research sources that relate to the statute’s subject. Texts and Treatises Key Number Search

46 Expanding Statutory Research Notes of Decisions Notes of Decisions The Notes of Decisions provide citations and brief summaries of cases helpful to understanding the statute. Notes of Decisions Index

47 Expanding Statutory Research headnotes Notes of Decisions, often called “annotations”, are West- authored headnotes 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 Expanding Statutory Research Who is exempt from forfeiture of real property under “innocent owner” provision of 21 USCA § 881(a)(7). 110 ALR Fed 569. On Westlaw, the same references to expand research are available after the statute’s text and in KeyCite for Statutes.

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

50 Expanding Statutory Research Consult KeyCite for Statute’s exclusive Pending Legislation service for links to current federal bills concerning the statute. PENDING LEGISLATION CONG US HR 2360, 106th CONGRESS, 2d Session (May 23, 2000), Reported to Senate, Exception created. PENDING LEGISLATION CONG US HR 2360, 106th CONGRESS, 2d Session (May 23, 2000), Reported to Senate, Exception created.

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