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Research Materials In The United

States
Many of our laws, particularly political
and commercial law, originated from the
American legal system.
One consults laws and decisions of the
United States only if our laws were
copied from them and its principles of law
were adopted in the Philippines.
Example: The concept of due process of
law found in Our Constitution was

Common Law vs Civil Law Systems


Common law
Is generally uncodified. This means that
there is no comprehensive compilation
of legal rules and statutes. While
common law does rely on some scattered
statutes, which are legislative decisions, it
is largely based on precedent, meaning
the judicial decisions that have already
been made in similar cases. These
precedents are maintained over time
through the records of the courts as well
as historically documented in collections

Civil Law,
in contrast, iscodified. Countries with civil law systems
have comprehensive, continuously updated legal codes
that specify all matters capable of being brought before a
court, the applicable procedure, and the appropriate
punishment for each offense. Such codes distinguish
between different categories of law: substantive law
establishes which acts are subject to criminal or civil
prosecution, procedural law establishes how to determine
whether a particular action constitutes a criminal act, and
penal law establishes the appropriate penalty. In a civil
law system, the judges role is to establish the facts
of the case and to apply the provisions of the
applicable code

A. Case Law
Federal Court Decisions
Supreme Court
US Federal Supreme Court decisions are officially published in
the
US Report (official)
Supreme Court Reporter published commercially by West
Publishing Company
US Supreme Court Reports,Lawyers Ed. Published by
Lexis Publishing Company.
US Supreme Court Reports,Lawyers Ed. By Lawyers
Coop Publishing
US Law Week(USLW) a looseleaf service published by the
Bureau of National Affairs, prints important current

Decisions of the Court of Appeals


US Court of Appeals divided into
geographically into 12 circuits, plus the US
Court of Appeals of the Federal Circuit.
Their decisions are reported in the Federal
Reporter
(West Publishing)

Decisions of The District Courts


In the federal court system, the general trial courts are
known as US District Courts in 94 districts, with one
or more in each State.
These courts have no official reports , except for slip
decisions.
The decisions of these courts are published unofficially by
West Publishing in
The Federal Reports , Federal Supplements and
Federal Rules Decisions which contain a limited
number of US District Court decisions.

The decisions of these courts are published


unofficially by West Publishing in The Federal
Reports , Federal Supplements and Federal
Rules Decisions which contain a limited
number of US District Court decisions.

Special Federal Courts


There are several specialized trial courts such as
the Bankruptcy Courts, The Court of Federal
Claims and The Court of International Trade.
Special federal courts publish their decisions such
as
The Reports of the United States Tax Court
and Cases Decided in the US Court of
Claims.

WEST PUBLISHING
*Bankruptcy Reporter

Decision of State Courts


Decisions of the State Courts are published
in two forms:
1. as official reports , issued by the
courts as authoritative texts of their
decisions and and as
2. unofficial reports issued by
commercial publishers

The different states of the US publish official reports of


their courts' decisions.
In New York where their highest court is called the New
York Court of Appeals, the New York Reporters
report the decisions of the said court.
The National Reporter System by West Publishing
*unofficial reports of state court decisions.
*divides the county into 7 regions and reports the
decisions of the appellate courts of the different states in
each region together in one series of volumes.

WEST LAW and LEXIS


are the leading online system in legal
research.
Can also be accessed for state court
decisions.
West law
http://international.westlaw.com
Lexis http://www.lexis.com/
They're available on subscription basis.
Both provide access to a wide range of

The major comprehensive unofficial


reporting system is the West
Publishing Company's National
Reporter System and the online
systems of Lexis and WestLaw.
The National Reporter System includes
a series of regional reporters publishing
the decisions of appellate courts of the
50 states and the District of Columbia.

Statutory Law
Federal Level

Federal Constitution
The Constitution of the United States of America is
the supreme law of the United States.
The text of the US Constitution is found in several
publications, from pamphlets to annotated texts, from
constitutional treaties to hornbooks as appendices. It is
also found in the beginning volumes of the US Code
(USC), the US Code Annotated (USCA) and the US
Code Service (USCS).

The Constitution of the United States of America


*published by the Library of Congress contains each
article, section and clause of the Constitution and its
amendments.
West Publishing
*United States Code Annotated
Lawyers Cooperative
*Unites States Code Service, Constitution
Annotated Version
ALR Federal, US Supreme Court Reports,Lawyers
Edition

Documents and Sources on US Constitutional


Interpretation
There are a number of reference sources on the interpretation of the
Constitution and its Amendments.
* Amar, Akhil Reed
- America's Constitution: A Biography.(2005). New York: Random
House
*Avins, Alfred(1968). Incorporation of the Bill of Rights: The
Crosskey-Fairman debates revisited. Harvard Journal on Legislation,
6(1),1 17-26
*Flack, Horace E.(1965) The Adoption of the 14th
Amendment.Gloucester, MA:P.Smith
*Mansfield Harvey C., Jr. (1991). America's Constitutional Soul.
Baltimore: JOhns Hopkins University Press

The United States Code (USC) is a consolidation and


codification by subject matter of
thegeneralandpermanentlaws of the United States. It is
prepared by the Office of the Law Revision Counsel of the United
States House of Representatives.
After the U.S. Congress passes a bill and the president signs it into
law, it is typically codified, i.e., placed into the United States Code
(USC), the official version of federal statutory law. The USC
includes 50 subject titles, which are subdivided into chapters and
sections. The USC contains the codified legislation, as well as such
elements as authority references, historical notes, enactment dates,
cross-references, tables, and an index.
Since 1927, West has published an annotated version of the USC,
the United States Code Annotated (USCA). Annotations are
summaries of published court decisions that have interpreted the
section. In the USCA, the annotations follow the text of the section.
The USCA and its indexes are updated more frequently than the USC
pocket part inserts and interim pamphlets are issued throughout the
year.

Constitution of The US Annotated


One of the most extensive and authoritative volume is the
Constitution of the United States of America,
Analysis and Interpretation, edited by Johnny H.
Killian and published by the Congressional Research
Service. contains legal analysis and interpretation of the
United States Constitution, based primarily on Supreme
Court case law.

https://www.congress.gov/constitution-annotated/

There are two commercially


published,unofficialcodes:
theUnited States Code Service(USCS) from
Lexis; and
theUnited States Code Annotated(USCA)
from West.
Unlike the official USC or free, unofficial versions
of the USC online, the USCS and USCA
areannotated, they provide references to
primary and secondary sources and cross-

US SUPREME COURT DIGEST


U.S. Supreme Court Digest, Lawyers' Edition
published by Lexis, organizes the case law
alphabetically with headnotes arranged under modern
titles of law. It also includes a Table of Cases, which lists
alphabetically all decisions, specifying Digest sections
where headnotes are located.
United States Supreme Court Digest published by
West Publishing
Digest of United States Supreme Court Reports
(LexisNexis) and United States Supreme Court
Digest (West), provide ways of locating cases by name
or by subject.

The Law Library: Revisiting Traditional Legal Research Method by Myrna


Feliciano
Legal Research by Rufus Rodrigues
http://uscode.house.gov/
http://www.loc.gov/law/help/statutes.php#codified
https://lscontent.westlaw.com/images/content/FindStatutes10.pdf
https://www.whitehouse.gov/1600/constitution
https://www.congress.gov/constitution-annotated/
Constitution of The US Annotated

American Law Reports (ALR) published


by the Lawyers Cooperative Publishing
Company, contain the complete text of
selected court opinions with extensive
commentaries or annotations.

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