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Finding the LawFinding the Law

What is the Law?What is the Law?

““enacted lawenacted law”” ---- statutesstatutes passed by passed by Congress/State LegislatureCongress/State Legislature

““manman--made lawmade law”” ---- casescases decided by judgesdecided by judges

““administrative lawadministrative law”” ---- regulations regulations promulgated promulgated by agenciesby agencies

Federal v. StateFederal v. State

FederalFederalstatutes passed by Congressstatutes passed by Congresscases decided by federal courtscases decided by federal courtsregulations promulgated by federal agenciesregulations promulgated by federal agencies

TexasTexasstatutes passed by legislaturestatutes passed by legislaturecases decided by state courtscases decided by state courtsregulations promulgated by state agenciesregulations promulgated by state agencies

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What What ““lawlaw”” do I need?do I need?

Is it a federal law?Is it a federal law?constitutional right (religion/speech/voting), constitutional right (religion/speech/voting), sex/race/age discrimination, federal taxation, sex/race/age discrimination, federal taxation, bankruptcy, copyright, some drug offenses, bankruptcy, copyright, some drug offenses, immigrationimmigration

Is it a Texas law?Is it a Texas law?Texas constitutional right, family law, landlordTexas constitutional right, family law, landlord--tenant law, consumer law, probate, traffic, most tenant law, consumer law, probate, traffic, most crimescrimes

Federal StatutesFederal StatutesUnited States CodeUnited States Code

Online: Online: http://http://uscode.house.gov/download/ascii.shtmluscode.house.gov/download/ascii.shtml

Grouped by subject in Grouped by subject in ““TitlesTitles””

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Also Indexed by Popular NamesAlso Indexed by Popular Nameshttp://www4.law.cornell.edu/uscode/topn/http://www4.law.cornell.edu/uscode/topn/

Texas StatutesTexas StatutesVernonVernon’’s Texas Codes Annotateds Texas Codes Annotated

Texas Statutes OnlineTexas Statutes Onlinehttp://tlo2.tlc.state.tx.us/statutes/statutes.htmlhttp://tlo2.tlc.state.tx.us/statutes/statutes.html

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Texas StatutesTexas Statutes

Most Texas statutes are grouped by subject in Most Texas statutes are grouped by subject in ““codescodes”” (Probate Code, Family Code)(Probate Code, Family Code)

Each code has a Table of Contents and typically Each code has a Table of Contents and typically is subdivided into Titlesis subdivided into Titles

The entire set has a detailed index!!!The entire set has a detailed index!!!

Family CodeFamily Code----TOCTOC

Title 1: The Marriage Title 1: The Marriage RelationshipRelationship

The StatuteThe Statute ReferencesReferences

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US StatutesUS Statutes

Working with IndexWorking with IndexUSCA & USCS have general indexUSCA & USCS have general index——updated updated annuallyannuallyIndex at end of each titleIndex at end of each title——updated when main updated when main volume containing it is updatedvolume containing it is updated——except Title 42 in except Title 42 in USCAUSCA——annually; no index in pocket partsannually; no index in pocket parts

Different code version indexes differDifferent code version indexes differ——may may need to look in USCA & USCSneed to look in USCA & USCS

In Print or OnlineIn Print or Online

Look for terms you expect to find in the legislationLook for terms you expect to find in the legislation

Browsing General Index in print more fruitful: Browsing General Index in print more fruitful: How do you find the penalty for carrying a machine How do you find the penalty for carrying a machine gun?gun? TtileTtile 18, Section 92218, Section 922What are the construction standards for a trailer home What are the construction standards for a trailer home (manufactured home)? Title 42, Section 5401(manufactured home)? Title 42, Section 5401What are the penalties for tampering with a motor vehicle What are the penalties for tampering with a motor vehicle odometer? Title 49, Section 32709, 32703...odometer? Title 49, Section 32709, 32703...

If researching online, chose links to narrow topic and then typeIf researching online, chose links to narrow topic and then typekeywords into keywords into ““SearchSearch”” boxes or boxes or ““Ctrl FCtrl F”” box. box.

What if you need an early version What if you need an early version of a statute?of a statute?

USC USC Each print edition designed for permanent retention & on Each print edition designed for permanent retention & on microfichemicrofiche——Wm. Hein PublishingWm. Hein PublishingOnline from 1994 version to presentOnline from 1994 version to present

Archival files in Archival files in Westlaw for USCA since 1990Westlaw for USCA since 1990Lexis for USCS since 1992Lexis for USCS since 1992

In printIn print--find public law number in USCA and refer to find public law number in USCA and refer to Statutes at Large, 108Statutes at Large, 108--312312

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Statutes at Large (Session laws)Statutes at Large (Session laws)

Updates for statutes that havenUpdates for statutes that haven’’t made it into t made it into the codethe codeStatutes that are dispersed in the codeStatutes that are dispersed in the codeStatutes that donStatutes that don’’t get into the code (private & t get into the code (private & nonnon--permanent laws)permanent laws)New laws without reference to codeNew laws without reference to codeVerifying accuracy of Titles not reenacted as Verifying accuracy of Titles not reenacted as positive law (only 23/50 reenacted=positive law (only 23/50 reenacted=““legal legal evidenceevidence””))

Laws that donLaws that don’’t get in the Codet get in the Code

Session laws not widely accessible onlineSession laws not widely accessible onlineLOC American Memory websiteLOC American Memory website——11stst 43 43 congresses: 1789congresses: 1789--18751875Uncodified public lawsUncodified public laws

Westlaw back to 1973 (click thru from statute to Westlaw back to 1973 (click thru from statute to session law source)session law source)Lexis back to 1988Lexis back to 1988GPO Access back to 1995GPO Access back to 1995Before 1973Before 1973——separate subject index for each separate subject index for each congresscongress

Legislative HistoryLegislative Historyhttp://http://thomas.loc.govthomas.loc.gov//

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Federal RegisterFederal Registerhttp://http://www.gpoaccess.gov/fr/index.htmlwww.gpoaccess.gov/fr/index.html

Code of Federal RegulationsCode of Federal Regulationshttp://http://www.gpoaccess.gov/cfr/index.htmlwww.gpoaccess.gov/cfr/index.html

Legislative Reference Library Legislative Reference Library of Texasof Texashttp://http://www.lrl.state.tx.uswww.lrl.state.tx.us//

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Texas Legislature Online Texas Legislature Online http://http://www.capitol.state.tx.uswww.capitol.state.tx.us//

Federal Procedure Rules govern the conduct of all Federal Procedure Rules govern the conduct of all civil actions brought in Federal district courts. civil actions brought in Federal district courts. http://http://www.law.cornell.edu/rules/frcp/index.htmlwww.law.cornell.edu/rules/frcp/index.html

Case LawCase Law

Cases are binding precedent upon future parties Cases are binding precedent upon future parties and situationsand situationsSome cases deal with Some cases deal with ““common lawcommon law”” issues issues found only in case law.found only in case law.Some cases explain statutes Some cases explain statutes ---- how a statute is how a statute is applied to a situation, what certain terms in a applied to a situation, what certain terms in a statute meanstatute mean

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Where do I find cases?Where do I find cases?

State and federal cases State and federal cases are published in are published in ““Reporters.Reporters.””Reporters compile cases Reporters compile cases chronologically, not by chronologically, not by topictopicAn index, called a An index, called a ““digestdigest”” will lead you to will lead you to cases based on a topiccases based on a topic

Digest to all Federal CasesDigest to all Federal Cases

Contains summaries of cases from all federal Contains summaries of cases from all federal courtscourts

Texas DigestTexas Digest

Contains summaries of cases from the state Contains summaries of cases from the state courts AND federal courts within Texascourts AND federal courts within Texas

Look up topics (Look up topics (““WillsWills”” or or ““ContractsContracts””))Choose between subtopics (Choose between subtopics (““handwritten willshandwritten wills””))Until you find cases you need (Wills/handwritten Until you find cases you need (Wills/handwritten wills/witness unnecessary)wills/witness unnecessary)

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Federal CasesFederal Cases

Federal courts are divided into three levelsFederal courts are divided into three levelsU.S. District Courts (trial level)U.S. District Courts (trial level)

E.g., Southern District of TexasE.g., Southern District of Texas

U.S. Circuit Courts of Appeal (appellate level)U.S. Circuit Courts of Appeal (appellate level)E.g., 5E.g., 5thth Circuit Circuit

U.S. Supreme Court (court of last resort)U.S. Supreme Court (court of last resort)

U.S. Supreme Court CasesU.S. Supreme Court CasesSupreme Court ReporterSupreme Court Reporter

Online:Online: http://www.findlaw.com/casecode/supreme.htmlhttp://www.findlaw.com/casecode/supreme.htmlororhttp://http://www.supremecourtus.gov/opinions/opinions.htmlwww.supremecourtus.gov/opinions/opinions.html

U.S. Circuit Courts of AppealU.S. Circuit Courts of Appeal

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Federal Circuit Court CasesFederal Circuit Court CasesFederal ReporterFederal Reporter

Online: Online: http://www.ca5.uscourts.govhttp://www.ca5.uscourts.gov

Federal District Court CasesFederal District Court CasesFederal SupplementFederal Supplement

Online: Online: http://http://www.txs.uscourts.govwww.txs.uscourts.gov

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Southwestern ReporterSouthwestern Reporter----publishes publishes TX, AK, MO, TN, KY casesTX, AK, MO, TN, KY cases

Cases decided by the following state Cases decided by the following state courts are available on the Internetcourts are available on the InternetTexas Supreme Court (civil cases)Texas Supreme Court (civil cases)

http://http://www.supreme.courts.state.tx.us/opinions/casesearwww.supreme.courts.state.tx.us/opinions/casesearch.aspch.aspTexas Court of Criminal Appeals (criminal cases)Texas Court of Criminal Appeals (criminal cases)

http://http://www.cca.courts.state.tx.us/opinions/casesearch.aswww.cca.courts.state.tx.us/opinions/casesearch.aspp14th Court of Appeals (Houston14th Court of Appeals (Houston--area appellate court)area appellate court)

http://www.14thcoa.courts.state.tx.us/http://www.14thcoa.courts.state.tx.us/1st Court of Appeals (Houston1st Court of Appeals (Houston--area appellate court)area appellate court)

http://www.1stcoa.courts.state.tx.us/http://www.1stcoa.courts.state.tx.us/

Law blogs focus on one niche of the law or Law blogs focus on one niche of the law or jurisdictionjurisdiction

http://http://texaslaw.blogspot.comtexaslaw.blogspot.com// (monitors Texas (monitors Texas law and politics)law and politics)http://www.immigrationhttp://www.immigration--lawlaw--answersanswers--blog.com/blog.com/ (Immigration Law & questions)(Immigration Law & questions)http://www.chrislawyer.blogspot.com/http://www.chrislawyer.blogspot.com/ (Texas (Texas Family Law) Family Law) http://www.texasdefenselaw.com/recent_newshttp://www.texasdefenselaw.com/recent_news// (Texas Criminal Law)(Texas Criminal Law)

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Other Helpful Internet SitesOther Helpful Internet Sites

Information covering all levels of federal courtsInformation covering all levels of federal courtshttp://http://www.uscourts.govwww.uscourts.gov//

Federal Laws & RegulationsFederal Laws & Regulationshttp://http://www.usa.gov/Topics/Reference_Shelf/Laws.shtmlwww.usa.gov/Topics/Reference_Shelf/Laws.shtml

Markets doMarkets do--itit--yourself legal resources yourself legal resources www.nolo.comwww.nolo.com

Houston Code of OrdinancesHouston Code of Ordinanceshttp://http://www.houstontx.govwww.houstontx.gov/codes//codes/

Websites for Local ServicesWebsites for Local Services

Mental Health and Mental Retardation Authority Mental Health and Mental Retardation Authority of Harris Countyof Harris County

http://http://www.mhmraharris.orgwww.mhmraharris.org//Harris County Child Protective ServicesHarris County Child Protective Services

http://www.hchttp://www.hc--ps.orgps.org//Houston Volunteer Lawyers ProgramHouston Volunteer Lawyers Program

http://http://www.ehvlp.org/home/default.aspxwww.ehvlp.org/home/default.aspx

More Local SitesMore Local Sites

Harris County District Harris County District ClerkClerk’’s Offices Office

Physical AddressPhysical Address201 Caroline, Suite 4651201 Caroline, Suite 4651Houston, Texas 77002Houston, Texas 77002713713--755755--57345734http://www.hcdistrictclerk.comhttp://www.hcdistrictclerk.com

/Home/Home.aspx/Home/Home.aspxLonestarLonestar Legal FoundationLegal Foundation

713713--652652--5911 5911

Attorney GeneralAttorney General’’s Office: s Office: Child Support DivisionChild Support Division

713713--974974--4876 4876 http://www.oag.state.tx.us/cs/http://www.oag.state.tx.us/cs/

parents/faq.shtmlparents/faq.shtmlLegal Aid to Victims of Legal Aid to Victims of Domestic AbuseDomestic Abuse

713713--224224--9911 9911 http://www.avdahttp://www.avda--

tx.org/index.htmtx.org/index.htm

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University of Houston Law CenterUniversity of Houston Law Center

OO’’Quinn Law LibraryQuinn Law Library

12 Law Library12 Law LibraryHouston Texas 77204Houston Texas 77204

(713) 743(713) 743--23002300

Operating HoursOperating Hours

Weekdays: 7:30 am Weekdays: 7:30 am ––MidnightMidnightSaturdays: 9:00 a.m. Saturdays: 9:00 a.m. ––7:00 p.m.7:00 p.m.Sundays: 9:00 a.m. Sundays: 9:00 a.m. ––11:00 p.m.11:00 p.m.

South Texas College of LawSouth Texas College of Law

Fred Parks Law LibraryFred Parks Law Library

1303 San Jacinto Street1303 San Jacinto StreetHouston, Texas 77002Houston, Texas 77002

(713) 646(713) 646--17111711

Operating HoursOperating Hours

Weekdays: 7:30 a.m. Weekdays: 7:30 a.m. ––6:00 p.m.6:00 p.m.Saturdays: 8:30 a.m. Saturdays: 8:30 a.m. ––6:00 p.m.6:00 p.m.Sundays: 10:00 a.m. Sundays: 10:00 a.m. ––6:00 p.m.6:00 p.m.

Texas Southern UniversityTexas Southern University

ThurgoodThurgood Marshall School Marshall School of Law Libraryof Law Library

3100 Cleburne St.3100 Cleburne St.Houston, Texas 77004Houston, Texas 77004

(713) 313(713) 313--71257125

Operating HoursOperating HoursMonMon--Thurs: 7:00 a.m. Thurs: 7:00 a.m. ––Midnight.Midnight.Fridays: 7:00 a.m. Fridays: 7:00 a.m. –– 10:00 10:00 p.m.p.m.Saturdays: 9:00 a.m. Saturdays: 9:00 a.m. ––10:00 p.m.10:00 p.m.Sundays: noon Sundays: noon ––midnightmidnight

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Harris County Law LibraryHarris County Law Library

Harris County Law LibraryHarris County Law Library

1019 Congress1019 CongressHouston, TX 77002Houston, TX 77002

Operating HoursOperating Hours

Weekdays: 8:00 a.m. Weekdays: 8:00 a.m. ––8:00 p.m.8:00 p.m.Saturdays: 9:00 a.m. Saturdays: 9:00 a.m. ––5:00 p.m.5:00 p.m.