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We are working on our website design. Phoenix of America is a nonprofit organization leading in legal research, rewriting, proofreading, and campaign development for incarcerated individuals, ensuring that their 4th, 9th, and 14th constitutional amendments are protected. Phoenix of America is built on the highest standards of ethics and integrity. We are rooted in our convictions that high quality advocate services-consistent and significant,discerning, fair, independent, and humanitarian-are essential to our free society.

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Thursday, September 24, 2015

LAWS & LEGAL RESEARCH


Pro Se Defendants, how to represent yourself in court, current rulings affecting pro se litigants, news about going pro se, Bruce Baldinger v. Antonio Ferri


Definitions -- The Jargon Used in Legislation

As with every other area of life, legislation comes with some jargon that, once mastered, should come in handy when you're trying to understand the law. Here are some terms you may encounter when researching federal or state statutes:

Annotated Codes: Publications that combine state or federal statutes with summaries of cases that have interpreted the statutes. With a few rare exceptions, annotated codes are only available in a law library or on subscriber-based legal websites.

Bill: What a statute is called when it is introduced in Congress or a state legislature. When a bill is passed by both houses and the President or a state governor, it becomes a law and will usually be published according to its bill number in a publication called Session Laws"Session Laws"
orStatutes at Large "Statutes at Large."

Bill Number: Bills are referred to by number. The number really has two parts: the abbreviation for the specific wing of the legislature in which the bill is introduced, as in HB (house bill) or SB (senate bill), and the number which identifies the particular bill, as in HB 1507.

Chapter: A term that identifies a group of related state or federal statutes that have been gathered together within a particular Title or Code.

Chaptered: A bill becomes chaptered if it is approved by the legislature and signed by the governor.
Citation: Formal references to statutes that describe where they are published. For instance, the citation 23 Vt. Stat. Ann. § 1185 tells us that this cited statute is Section 1185 of Title 23 of the Vermont Statutes Annotated. And the federal citation 42 U.S.C.§ 1395 tells us that this cited federal statute can be found in Title 42, Section 1395 of the United States Code.

Code: In general, the term "code" refers to the main body of statutes of the jurisdiction (for example, the United States Code or the Arizona Revised Statutes). The statutes that are published in a state’s code are grouped by subject matter into Titles, as in Title 11 of the United States Code (bankruptcy laws). In some states, including California, Texas and New York, the term "code" may be used both to refer to the overall collection of statutes and the separate subject matter groupings of statutes, as in "Penal Code," "Family Code," or "Probate Code."

Engrossed: A bill is engrossed when a legislative body (such as the House) votes to approve it and sends it on to the other legislative body (such as the Senate).

Enrolled: A bill is enrolled when both houses of a legislative body have voted to approve it and it has been sent to the executive branch (the President or a state governor) for signing.

Legislative history: Assorted materials generated in the course of creating legislation, including committee reports, analysis by legislative counsel, floor debates, and a history of actions taken. Legislative history for recently enacted federal statutes can be found at http://thomas.loc.gov/home/thomas.php. Legislative history for state statutes is sparse and not easily found on the Web.

"Session Laws":
When bills become law, they are published in a text according to the session of the legislature that enacted them into law. For instance, laws passed by the California legislature in 1999 were passed in the 1999-2000 session. The individual laws in the publication for a particular session (such as Session Laws 1999-2000) can be found according to their original bill number.
Statutes at Large: See Session Laws.


Statutory Schemes: Groups of statutes that relate to one particular subject. For instance, all of the federal statutes that make up Title VII of the Civil Rights Act (which forbids employment discrimination and sexual harassment) are known as a “statutory scheme” because they are all related to each other.

Title: In the federal system and in some states, "title" is used to denote a collection of state or federal statutes by subject matter, as in Title 11 of the U.S. Code for bankruptcy statutes or Title 42 of the U.S. Code for civil rights statutes. Title is also used to denote a group of statutes within a larger set of statutes, as in Title IX of the Civil Rights Act (which itself is located in Title 42 of the U.S. Code).




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