|
HIM 170: How
Different Laws Are Related & Cited
========
Statutory ||
Administrative/Regulatory
||
Judicial/Case
========
Statutory
law = bills introduced into Congress or State
legislature and enacted into law (they are the “What” of
the law)
|
|
Public Law Slip Notes
|
U.S. Statutes
at Large
|
U.S. Code
|
|
Federal
|
After a law is
signed by the President, it is assigned a public
law number,
in the order in which it is passed
Citation example:
PL 106 - 101
means 106th
Congress (1999-2000), 101st law
passed |
At the end of
each session of Congress, the slip laws are
compiled into the
Statutes at Large, and they are known as
"session laws." The Statutes at Large
present a chronological arrangement of the laws
in the exact order that they have been enacted.
Citation example:
113 STAT 406
means volume 113
(year 1999), page 406
|
Public laws are incorporated into the United
States Code, which is a codification of all
general and permanent laws of the United States.
The U.S. Code is arranged by subject
matter, and it shows the present status of laws
that have been amended on one or more occasions.
Citation example:
42 U.S.C. sec. 9607
means title 42,
section 9607
|
State
|
Slip Law or “bill as passed”
This is a single
session law.
|
Session Laws
of S.D.
Available at end
of each session with laws passed that session.
Citation example:
Session Laws 1995, ch 316, § 16
means 1995
volume of session laws, chapter 316, paragraph
16 |
S.D. Codified Laws
Codifies all the laws of
S.D.
Citation example: SDCL 36-4-31.5
means title 36,
chapter 4, section 31.5 |
Administrative/Regulatory
= “How” to carry out the law;
rules devised by
agencies to carry out what enacted by legislature
|
|
Federal Register
|
Code of Federal Regulations
|
|
Federal
|
Is
official
publication for rules, proposed rules, and
notices from Federal agencies and organizations,
as well as executive orders and other
presidential documents.
Citation
example: 65 FR 1684
means volume 65
(which is year 2000), page 1684 |
Is a
codification of the general and permanent rules
published in the Federal Register by the
Executive departments and agencies of the
Federal Government. The CFR is divided into 50
titles that represent broad areas subject to
Federal regulation. Each title is divided into
chapters that usually bear the name of the
issuing agency. Each chapter is further
subdivided into parts covering specific
regulatory areas. Large parts may be subdivided
into subparts. All parts are organized in
sections, and most citations to the CFR will be
provided at the section level.
Citation example: 20 CFR 404.1576
means Title 20,
part 404, section 1576
|
|
|
SD Register
|
SD Administrative Rules
|
State
|
Publishes rules, etc.
Citation example: 24 SDR 168
means volume 24
(which is year running 7-1-97 through
6-30-1998), page 168 |
Is a
codification of the rules published in the SD
Register
Citation
example: ARSD 46:05:02:04 (1998)
means chapter
46:05:02, section 04, took effect 1998 |
Judicial/Case
= deals with whether the “what” and “how”
are constitutional
|
|
Reporters
|
|
Federal
|
Reported
decisions of the U.S. Supreme Court and of most
of the state appellate courts can be found in
the official reporter of the respective courts.
Citation:
When referring to a case, a citation typically
includes the name of the case and the volume and
pages of the reporter, as well as the date.
Example
citation:
Kleppe v. New Mexico, 426 U.S. 529 (1976)
Citations to federal
courts of appeals are found in volumes
abbreviated
F., F.2d, or F.3d
and district
courts are in volumes abbreviated
F. Supp.
The decisions of
other specialized federal courts such as claims
of bankruptcy decisions are also reported. |
|
State
|
Reported
decisions of the U.S. Supreme Court and of most
of the state appellate courts can be found in
the official reporter of the respective courts.
Decisions of the Supreme Court of South Dakota
are published in the North Western Reporter,
2d. series.
Citation:
The system for citing state cases is similar. A
correct citation would be: Wagen v. Ford Motor
Co., 97 Wis. 2d 260, 294 N.W. 2d 437 (1980),
meaning the case was decided in 1980, and is
found on page 260 of volume 97 of the second
series of Wisconsin State Reporters (the
official reporter), as well as on page 437 of
volume 294 of the second Northwestern set of the
National Reporter System.
Example
citation:
Goetz v. State, 2001 SD 138; 636 N.W.2d 675
indicates that
2001 is the year and 138 is the sequential
opinion number for the SD Supreme Court, and,
also, the case is published on page 675 of
volume 636 of the North Western Reporter, 2d.
series. |
|
|
