Burks vocab

Card Set Information

Burks vocab
2012-11-10 13:20:59
burks vocab

burks vocab
Show Answers:

  1. Act
    • statutory plan to solve a problem
    • passed by Congress or any legislation which is a 'bill" until it becomes enacted law.
  2. Annotated
    • usually indicates something includes editorial enhancements (i.e. U.S.C. Annotated)
    • a note, summary, or commentary on some section of a statutes intended to illustrate its meaning
  3. Code
    • collection of statues consolidated and classified by subject matter
    • contains only permanent, public laws
    • case law equivalent = Digest
    • Official federal code? = US Code
    • Commercial versions = USCS, USCA
  4. Official
    • refers to an act or publication produced by a particular juisdiction or governing body
    • can also serve in place of a publication
    • authorized by a public official or public agency
  5. Popular Names Table
    • table matching hte official name designation at the beginnign fo an act/slip law (short ittle) to its various locations within the code
    • bridges the law btw an Act and the Code
  6. Section
    the distinct and numbered subdivisions in legal codes, statutes, and textbooks
  7. Slip law
    a copy of a bill that is passed by state legislature and endorsed by governonr or passed by Congress and signed by prez, and is printed and distributed immediately
  8. Statute
    • small piece of an Act
    • enacted pursuant to constitution
    • federal or state written law enacted by Congress or state legislature
  9. Provision
    clause providing for something within the law
  10. Session Law
    • compiled slip laws at the end of a Congressional session printed in rough chronological order
    • contains both public and private laws
    • case law equivalent = Reporter
    • Official federal session law? = Statutes at Large, Commercial version (USCCAN, US Code Service Advance)
  11. Statues at Large
    • the official source for laws passed by Congress
    • trumps when there are discrepancies with US Code
    • contains public and private session laws of US Congress
  12. Uniform Law
    a model body of legislation propsed to decrease unnecessary conflicts btw state statutes
  13. Unofficial
    a commercial, unsanctioned version of session law or code for a particular jurisdiction
  14. USC
    Official code for the US Congress
  15. USCA
    • Unofficial code for laws passed by US Congress
    • West product
  16. USCS
    • Unofficial code for laws passed by US Congress
    • Lexis product
  17. USCCAN
    • Unofficial session law for laws pased by Congress
    • West product
  18. USCS Advance
    • Unofficial session law for laws passed by Congress
    • Lexis product
  19. Official citation to a congressional session law also has a public law number:  P.L. 89-670
    • •Translation:  The 670th Public Law enacted by the 89th Congress 
    • •We are currently in the 112th Congress
    • •From here, use Tables (separate volume) to look up the citation to the session law
  20. 49 USC 1653
    • •From here, can look up directly into the code books (ex. here, go straight to the volume of title 49 of USC containing section 1653) 
    • •New code published every 6 years, so cite to the appropriate codifying year 
    • •Last year, the version cited was 2006.  This year’s?  2012.
    • •But because of updating, last year it was (2006 & Supp. 2011).
  21. GPO Access
    • Official
    • Free coverage of public and private laws
  22. Reporter
    • contains full length cases organized in rough chronological order
    • available by region
  23. Digests
    • case summaries organized by subject
    • over 400 alphabetized subject categories
    • after locating correct digest, check pocket part
    • descriptive-word index (like "labor) then subtopics like "discrimination in hiring)
    • use key numbers from headnotes
    • words and phrases - at end of Digest, court defined terms
  24. Why use secondary resource?
    • unfamiliar with topic
    • learn generally about an area of law
    • find primary authority
    • be more cost effective in research
  25. examples of secondary resources
    • encyclopedias (CJS, AmJur)
    • Restatements
    • American Law Reports (ALR)
    • Treatises (some you can cite to)
    • Law review/journal articles
    • Legal indices: a place to find articles (Legal Trac)