Term
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Definition
| laws passed by Congress or state legislatures |
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Term
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Definition
| body of law passed by Congress or State legislations |
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Definition
| laws usually passed by local governing bodies such as city councils and county commissions. |
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Definition
| are given authority by the legislature to adopt rules and regulations that have the force of law. |
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Definition
| process of determining if a statute applies, how it applies and the effect of that application. |
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Definition
| the name by which the statute is known |
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Term
| Purpose Clause of a statute |
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Definition
| includes the purpose the legislative body intended to accomplish when drafting the statute |
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Term
Anatomy of a Statute
(elements/parts of a statute) |
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Definition
a. numbers
b. short title
c. purpose clause
d. scope
e. definitions
f. substantive provisions
g. other provisions
h. annotations/reference information |
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Term
| Numbers element of a statute |
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Definition
| is assigned for each section of a statute. laws are divided into broad categories and each is assigned a number. |
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| Scope element of a statute |
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Definition
| sections that state specifically what is and is not covered by the statute. |
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| Definition element of a statute |
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Definition
| define terms used in the statute |
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| Substantive Provisions element of a statute |
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Definition
| they set forth the substance of the law. establishes the rights and duties of those governed by the statute. can include remedies or which court has jurisdiction over the matters covered by the statute |
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| Annotations/Reference Information of a statute |
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Definition
| comes after each section and includes the history, official comments, cross references to other related statutes, library references/research guides, notes to decisions. They are sources of information and are not part of the statute. they are not the law and do not have legal authority. |
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Term
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Definition
| process of finding the statutory law that applies to each problem. |
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Term
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Definition
| the full text of each law published by the United States Government Printing Office. chronological in order of date the law was passed. |
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| United States Statutes at Large |
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Definition
| publish slip laws and the United States Code. |
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Term
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Definition
| the Official code of the laws of the United States. Include the Federal Rules of Civil Procedure and Criminal Procedure |
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Term
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Definition
| a code that is published by the government itself or published at the direction of the government itself by a commercial publisher. |
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| United States Code Annotated |
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Definition
| NOT an official code because it is published by West not at the direction of the government. includes the US Constitution and the United States Code (USC). includes pocket parts, general index, popular name table, conversion tables |
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Term
| United States Code Service (USCS) |
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Definition
| NOT an official code because it is published by Lexis not at the direction of the government. includes the wording of the federal statutes published by the Statutes at Large. |
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Term
| similarities between USCA and USCS |
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Definition
| organized the same, have general indexes, popular name tables and conversion tables, are annotated, similarly updated |
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Term
| Differences between USCA and USCS |
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Definition
1. USCA includes more court decisions in the "notes of decisions" section of the annotations.
2. USCA library reference section includes more references to research sources.
3. USCA topics covered in the notes and decisions are arranged alphabetically.
4. USCS more selective and references more significant cases
5. USCS supplements are called the Cumulative Later Case and Statutory Service, are cumulative
6. USCS interpretive notes are arranged according to topic |
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Term
| 3 main ways to locate a statute: |
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Definition
| general index, title table of contents, popular name |
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Term
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Definition
| the body of law that results from the rules and regulations and the court opinions interpreting them. the 2 types are federal and state admin. law |
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| 2 sources that publish administrative law |
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Definition
| federal register and code of federal regulations |
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Term
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Definition
| a daily publication of the federal government that publishes presidential documents (executive orders), rules and regulations, proposed rules and regulations |
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| Code of Federal Regulations (CFR) |
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Definition
| codified regulations of administrative agencies |
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Term
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Definition
| regulate the conduct of matters brought before the court |
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Definition
| specific to the court and generally govern administrative matters |
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Term
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Definition
| conditions established by a statute, components of a statute |
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Term
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Definition
| mandates that a statute will be interpreted according to its plain meaning. Words will be interpreted according to their common meanings. the court will give an interpretation that reflects the plain meaning of the language |
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Term
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Definition
| the record of the legislation during the enactment process before it became law. composed of committee reports, transcripts of hearings, statements of legislators concerning the legislation and any other material published for legislative use. |
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