Anaya Nolan
The relationship between laws and codes is a complex one. In the United States, codes are published by both the US Government and individual states, representing the codification of statutes (laws) passed by the US Congress and individual state legislatures or governing bodies. When it comes to interpreting and researching the law, annotated codes are essential tools. These codes are published by major online subscription services and provide full-text keyword searches, facilitating access to related sections and the context of specific statutory sections. The United States Code Service (U.S.C.S.) and the United States Code Annotated (U.S.C.A.) are two unofficial versions of the U.S. Code, offering comprehensive case annotations and references to administrative regulations. While codes provide a structured framework for understanding the law, the question of whether laws can override them is a nuanced legal matter that likely depends on the specific jurisdiction and context.
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What You'll Learn
US laws, codes and statutes
In the United States, laws, codes, and statutes are all related and interconnected. They work together to form the legal framework that governs the country.
US Laws
Laws are the foundational elements of the US legal system. They are the rules and regulations established by the government to maintain order and ensure the smooth functioning of society. These laws are created through a democratic process involving the US Congress, state legislatures, and other governing bodies. They reflect the values and principles of the nation and are designed to protect the rights and well-being of its citizens.
US Codes
Codes are a compilation and organisation of laws into a structured format. They are published by both the US Government and individual states. The process of codification involves arranging laws under specific subjects and topics, making them easily accessible and understandable. The United States Code, prepared by the Office of the Law Revision Counsel of the US House of Representatives, is a prime example of this. It consolidates and codifies the general and permanent laws of the nation, providing a comprehensive reference for legal professionals and citizens alike.
US Statutes
Statutes are the individual laws passed by the US Congress and state legislatures. They are the specific enactments that become part of the legal code. Each statute addresses a particular issue or matter, and together they form the body of law that governs the country. Statutes are given unique identifiers and are published in chronological order, ensuring transparency and accessibility.
The relationship between laws, codes, and statutes is hierarchical and complementary. Laws provide the overarching framework, while codes organise these laws into a manageable system. Statutes are the individual components that collectively form the codes and, by extension, the legal framework of the nation. This structure ensures that the US legal system is consistent, coherent, and accessible to those it serves and governs.
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Legislative information
In the United States, the law-making branch of the federal government is the Congress. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, and this action cannot be overridden by Congress.
The United States Code (U.S.C.) is the official, unannotated code of the United States, published every six years with annual cumulative supplements. The U.S. Code is divided into 54 titles by broad subject area, such as Public Health and Welfare or Education. It is easier to use the Code’s multi-volume general indexes, which are detailed and useful. Another way to determine where a law has been codified is by looking it up by its popular name, for instance, the Civil Rights Act of 1964.
State legislative sites offer bills in full text and commonly provide keyword searching and bill status information. Commercial databases such as Westlaw and Lexis provide state session law searching for state code updates. To establish the validity of a state law, use a citator like Shepard's, KeyCite, or BCite to locate current cases and materials that analyze a statute.
When the Supreme Court overrules a prior decision, lower courts quickly decrease their reliance on the old precedent and begin to apply the new rule. However, when Congress enacts an override, citation patterns to the prior precedent change very little. This is likely due to a communication failure and the coding protocols used by leading legal research services, which rely almost exclusively on judicial signals rather than legislative signals.
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Case annotations
Annotated codes are a valuable resource for legal research as they provide a wealth of information and context surrounding a statute. They include the text of the statute, its history, and citations to relevant cases, regulations, and secondary sources. The annotations help to clarify the language of a statute, rule, or regulation, making it more useful for legal practitioners.
For example, West's Annotated California Codes, published by West, offers annotations to the topical codes, the California Constitution, California Rules of Court, and other California court and commission rules. Similarly, Deering's California Codes, Annotated, published by Lexis, provides annotations to the California Codes. These annotated codes are available in print and online.
In another instance, the amended statute established a new, more flexible standard for "regarded as" claims. However, lower courts continued to apply prior Supreme Court and circuit court precedent, indicating a potential failure by lawyers to utilise the new statutory standard effectively.
When conducting legal research, lawyers and courts should commence their analysis with the statute itself. If judicial precedents interpreting the statute are older than any statutory amendments, the current statutory language should be scrutinised to determine if and how it supersedes prior judicial interpretations. "Finding and purposes" sections within a statute can offer insights into the motivations behind statutory changes, and preambles can provide context, even if they are not always codified alongside the substantive provision.
Additionally, Casetext, an online legal research platform, has introduced annotations for statutes, rules, and regulations across all 50 states, as well as the United States Code and the Code of Federal Regulations. These annotations provide summaries from judges, highlighting crucial issues within each statute. Their data-driven annotation tool assists lawyers in quickly identifying relevant precedents.
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Official and unofficial codes
Official codes are published by the government or at its direction. They are the codification of statutes (laws) passed by the United States Congress and individual state legislatures or governing bodies. The United States Code (formally The Code of Laws of the United States of America) is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles, which are organized into numbered sections. The U.S. Code is published by the U.S. House of Representatives' Office of the Law Revision Counsel.
Unofficial codes, on the other hand, are sometimes called commercial codes, and they are published by commercial publishers without government direction. They are used for legal research and include references (called annotations) to primary and secondary sources that relate to each code section. They are updated much more frequently than official codes. There are two unofficial code print versions of the U.S.C.: United States Code Annotated (the U.S.C.A., published by West) and the United States Code Service (the U.S.C.S., published by Lexis).
While official codes are important because many publishers, including most law school journals and law reviews, require citing to them if the statute has been incorporated into the official code, unofficial codes are more efficient and effective for legal research. This is because the publication of the full official code and annual supplements may lag several years behind, and because the U.S.C. doesn't contain any explanatory material to help researchers understand the statutory language.
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Keyword searches
When conducting online keyword searches, it is essential to understand the structure and nature of statutes. Recognizing that statutes are not standalone documents but rather components of a larger framework helps researchers leverage the Table of Contents feature effectively. This feature enables users to browse related sections, including definition sections, and grasp the broader context in which a specific statutory section operates.
The annotations within these online codes further enhance the research process by providing references to relevant case law and secondary sources. These annotations serve as a bridge to additional information, such as law reviews, treatises, and ALR annotations, offering valuable insights into the interpretation and analysis of the statutory language. Researchers can also utilize cross-references to related regulations, ensuring a comprehensive understanding of the legal landscape.
Additionally, online codes provide valuable tools for efficient navigation, such as the Popular Name Table. This feature simplifies the process of locating a specific code section when the name of the statute is known. For instance, searching for well-known statutes like the USA PATRIOT Act or Megan's Law becomes more accessible through this table. Online codes also offer updates and supplements to ensure users have access to the most current information, along with advance legislative service volumes that highlight changes made to the code sections.
In summary, keyword searches in online annotated codes are a powerful tool for legal research, offering researchers a comprehensive understanding of the law. By utilizing the available features and annotations, researchers can navigate the complex legal framework, access relevant case law and secondary sources, and stay abreast of the latest updates and changes to the codes.
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Frequently asked questions
It depends on the context and the specific legal system being referred to. In some cases, laws and codes may be used interchangeably, while in other cases, codes may refer to more specific rules or regulations within a broader legal framework.
Laws are the overarching rules and regulations that govern a society, while codes are specific sets of rules or standards that relate to a particular area or aspect of the law.
No, a code should not contradict a law. Codes are typically created to clarify and provide specific guidance on how to comply with the law in a particular area. They should not conflict with the broader principles established by the law.
