Chapter 7

Question 1

Constitution

Answer 1

1. Establishes the structure of government and

2. Protects citizens against the power or abuse of government

Question 2

Amending Constitutions - Federal

Answer 2

Constitutional Convention or Legislature

Question 3

Amending Constitutions - State

Answer 3

Convention, Legislature, or Initiative

Question 4

Shepardizing or Validating

Answer 4

Constitutional articles and amendments can be updated or validated

Question 5

How to find relevant portions of a Constitution?

Answer 5

1. Volume I of the United States Code

2. Own volume in the California Statutes

Question 6

Digests and Secondary Sources

Answer 6

Federal Digest, Supreme Court Digest, ALR

Question 7

Treatise

Answer 7

Lawrence Tribe

Question 8

Statutes

Answer 8

Enacted by state or federal legislature

Question 9

Evolution of a Bill

Answer 9

1. Slip laws - identified by numbers called Public Laws.
2. Session Laws - 2 year term of one session of Congress and called Statutes at Large.
3. Codification - session laws grouped together and placed in a statute according to title or subject matter.

Question 10

Understanding Statutes

Answer 10

1. Plain Meaning - the courts will interpret a statute by the words of the statute by giving them their plain meaning.
2. Intent - the courts interpret a statute by the intent of the legislature by using committee reports, statements on the floor of Congress, hearing transcripts, etc.

Question 11

Federal Statute - USC

Answer 11

United States Code - updated every 6 years. Pocket parts twice a year.

Question 12

Federal Statute - USCA

Answer 12

United State Code Annotated. Includes annotations by West including cases, law reviews, Key Numbers, ALR, CJS and Am Jur.

Question 13

How to use United 
States Code (USC) and (USCA)?

Answer 13

Brainstorm words, then look up in: Index, Outline, Popular Name Table, Statute database in Westlaw or Lexis

Question 14

Cite to Federal Statute

Answer 14

Title number, abbreviation of code, section symbol, section number (year published). – 12 USC § 211, 12 USCA § 211

Question 15

Cite to State Statute

Answer 15

Abbreviation of code, section symbol, section number (publisher, year published). Cal. Educ. Code § 1685, Cal. Bus. & Prof. Code §§ 6450-6458