Legal Research & Writing LAW-215

1. Legal Research & WritingLAW-215 Statutory Law Part 3

2. Research Techniques for Locating Statutes • To locate federal or state statues, there are three techniques: • Descriptive word approach • Title/topic approach • Popular name approach

3. Updating Federal Statutory Research

4. Statutory Interpretation & Legislative History • Under rules of statutory construction courts must first look to the plainlanguage of the statute to interpret it’s meaning. However…

5. Statutory Interpretation & Legislative History • If, after a careful reading, the language in a statutory provision is vague or ambiguous, courts may consider evidence (found in legislative history documents) in order to determine legislative intent and thereby ascertain the meaning of the statute’s language.

6. Typical Legislative History Documents • Congressional floor debate. (Congressional Record) • Presidential signing message. • Congressional committee reports. • Congressional committee hearings.

7. Which Legislative History Documents Carry the Most Weight as Evidence of Legislative Intent? Generally: • Documents that represent legislature’s deliberative process rather than the views of an individual representative. • Documents generated near the end of legislative process.

8. Basic Sources for Finding Legislative History Documents • History line and annotations in USCA or USCS. • United States Code Congressional & Administrative News (USCCAN). • Indexes to compiled legislative histories.

9. Researching Massachusetts Statutes andLegislative History

10. Sources for Recently Enacted Massachusetts Statutes • Slip laws • State Bookstore • Massachusetts Legislative Service Pamphlets • State Senators and Representatives • The Internet (www.mass.gov/legis/) – Senate Bills and House Bills • Lexis and Westlaw

11. Publication of Massachusetts Session Laws • Massachusetts session laws are called Acts and Resolves. • Acts and Resolves: permanent laws of general application enacted by the Massachusetts General Court. • Numbering of Acts and Resolves: EXAMPLE: Chapter 223 of the Acts of 2008 Chapter 2 of the Resolves of 2008 • Internet (www.mass.gov/legis/laws/seslaws.htm)

12. Massachusetts Legislative Service • Contains text of Acts and Resolves. • Provides official M.G.L. pagination. • Timely publication (monthly advance pamphlets). • Contains legislative history citations and documents.

13. Massachusetts General Lawsabbreviated as: M.G.L. • Published by Thompson/West • Also unofficial version on the Internet (www.mass.gov/legis/laws/mgl/)

14. Massachusetts General Laws(continued) • Laws under each title arranged in sections. • Cite by title and section numbers: EXAMPLE: 263 M.G.L. §2. • Slow publication schedule. • No research references or “annotations”.

15. Annotated Massachusetts Code • Massachusetts General Laws Annotated (MGLA) Print Volumes (Thompson/West) Internet (Westlaw) • Features similar to U.S.C.A.

16. End of Statutory Law