How to search the Internet (Internet) American legal

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  • / Author: Aaron Lewis

 

                  How to search on the Internet (Internet) free USA law
Catalog
I. Introduction
Two introduction to the legal origin of the USA
The three statute website
Four case law website
Conclusion five

I. Introduction

From the beginning of 1995, when the world wide web (World Wide Web) America first in rise, there is a lot of laws and the Internet (Internet) interested scholars, lawyers, law schools, nonprofit organization has established a number of free legal web site or law. In this challenge, the West (Westlaw) and Lexis both online (online) legal database of the big boss, and the other USA Law Press have also set up a web site on the Internet, and it is part of the company database open free, let people search. After several years of fierce competition, mergers and acquisitions, has left, by the private run free American legal websites are not many. At the same time, America the federal and state governments in people under pressure, but also will continue to access federal and local laws and regulations, free people search.

At present, the legal information America publishing mainly has two forms. One is the traditional printing and publishing, another is the electronic publishing (with CD-ROM and the Internet as the carrier of publishing). Because of the law of information collection, classification, indexing, annotation, compilation, program published data is a very professional and knowledge intensive industry, so in the American law books information, price is too high. Therefore, USA legal website free of charge on the information is published since 90 of the statute law and case, but these mostly unedited processing (editorial enhancement), retrieval and is not very convenient.

In order to help the legal workers in Chinese free retrieval America laws on the Internet, this paper will first briefly introduce the main source of America law, and then press the federal, local, law, administrative regulations, classification and precedent, legal website free used to introduce.

Two introduction to the legal origin of the USA

Because America is independent from the British colonies, so America inherited the traditional common law (common law). For a long time the case law (case law) has been the main America legal basis. Similarly, in the past to USA legal publications and case law as the center. This situation since 1930 time, President Hussein I came to power after the implementation of the new deal (new deal), began to change. Now, in the search America law, in most cases is the statute law as the center, the case law as an important supplement.1Since President Roosevelt came to power, the federal government began America legislation to regulate various economic and social activities in the field. At the same time, they also have to follow.

According to the structure of government America separation of the three powers, the law also can be divided into: Congressional Laws, administrative departments to formulate laws and regulations, and the decision made by the court. Because American constitution is defined, clearly on the separation of the three powers and legislative, administrative, judicial departments of the division of authority is very clear. But USA or a federal system (Federation) countries, states and the separation of the three powers of the government structure, and have a legislative rather independent, so the state law also has legislative, executive, and the judicial three sources.

Parliament USA Congress and the States members of the Congress has the right to social order, economy, military, national defense, diplomacy, public policy, budget proposals. The bill after discussion, hearings, modify, the house and Senate, and the president or governor signed into law after.

The main responsibility of administrative law enforcement. Therefore, the administration must make some normative rules. The president has the right America conferred in constitutional authority to issue executive orders. All the administrative departments in the president under the leadership of the can to formulate relevant laws in a law granting jurisdiction. So, USA federal administrative departments in the formulation of each administrative regulations, to declare the regulations are formulated a clause American code according to a certain law > > or < <. Therefore, USA administrative regulations also known as "the law specified legislation" (delegated legislation). USA state governors and the administrative departments in the state exercise of similar power of administrative legislation.

The Department of Justice (judicial branch) in USA refers only to the court system, not like China judicial departments including public security, procuratorate and court. American court first is according to the Constitution and other laws to rule. Due to the legislation, many possible scenarios cannot be predicted, so the court has considerable discretion to interpret the statute. According to the tradition of common law, statute law stationery judge explained in the specific case of the basically and interpreted with the same effect. Also, make the court also has the power ruling by Congress or the State Council legal or administrative departments of law is unconstitutional.2So in the retrieval system of common law such as American laws, laws and regulations not only to retrieve the written, but also the retrieval of past precedent on the statute law is how to explain. In the absence of statutory circumstances, to rely on case law to determine the principle to rule and regulate people's behavior. Because of the social development, new things are constantly appear, judge handling the new cases, and constantly adjust the rule of law have established. So the case law America is kept in the development and change.

The three statute website

<A> Federal law(federal statutes)

American Congress each session (term) for a period of two years, each year called a conference (one session), members of each month to together to hold one or several meetings, sessions ranging from one day to three weeks.3The annual congress through hundreds of laws and resolutions. America Congress passed the law can be divided into public law and private law (public law) (private law). Have an impact on the public law is public law, and affect a small number of people is called private law. Of course, the USA laws of Congress is the most public law.

When a bill through Congress by, and signed by the president, the bill becomes law. The new law to law (slip law) published in the form of. Then, at the end of each session of Parliament (that is, at the end of the year when American) National Archives Administration (U.S. National Archives and Records Administration) all year through the law to the way (that is, according to the time sequence by the sink into (United States Statutes at Large). At the same time, the house of representatives under the "Law Revision Counsel office" (the Office of the Law Revision Counsel) is classified according to the subject matter of the way all the laws are incorporated into the "America code >> (United States Code). > USA altogether has 50 themes (Titles), theme is divided into chapters, sections (Chapter) (section). So, if a law relates to several different themes, the law will be apart, classified according to the subject matter, in American code > > < different themes. If the new law has replaced the old law, the provisions of relevant laws will be incorporated into the new > USA, and the provisions of the old code will be deleted. Therefore, according to the theme of "America compilation code > > of the benefit is for the convenience of searching the law in force, and assembly according to chronological style > benefits is convenient collection law and the retrieval of old laws.

1. <<USA code> >And the new law (slip laws)

In practice, when encountered legal problems, usually in accordance with the relevant subject headings first went to check USA code < > index (Index), to find the relevant note cited (citations), to read the relevant chapters. If you use the America computer database, then only the relevant keywords entered into the database, let your computer retrieval. In the following website, free search America code > <:

Responsible for the codification of law revision office by law, study and classification always requires a period of time, will the new law passed by the USA code into < >. So, when you retrieve the > America, also need to be more American code > < database updated date, table according to the date to the office of legal amendments enacted law (http://uscode.house.gov/classification/tables.shtml) check what you need is a new legal revision.  4The table lists the new law will appear in the > America which part and which section of the note. So, when you see what you need code note cited in the control sheet, and then write down the corresponding public law number (public law number), and then according to this law, to the following website, the new law after the date of retrieval, have a look the point to the new law is modified you are required by law, or, if there are any new related legal provisions appear.

To find the relevant legal provisions, but also check whether the federal government had provided America any related administrative regulations. Please see the following the retrieval of relevant administrative code American federal.

2. <<USA Communautaire> >

As mentioned before, "America Communautaire > > is only according to the chronological style, a summary of all the American since founding a state law passed by congress. Since its publication in 1937 to 2002 November a total of about 122 volumes. It includes the effective and failure law, so nobody wants to use it to find the current effective laws. However, in view of the laws passed by Congress (i.e. codification of original) need, also must use the < > USA communautaire. < > America Communautaire contents are quite large, self published in 1937 to 2002 November a total of 122 roll out. So, there is no free search website set American Communautaire > <. If you want to retrieve the set of "USA Communautaire > > database, you have to pay to LEXIS site search. However, if you just want to free to view since 1995, Congress passed the law, you can still be found in the following websites.

  • USA Government Printing Office of public and private law Webpage (U.S. Public Law and Private Law at GPO Access)

Http://www.gpoaccess.gov/plaws/index.html

To find the relevant legal provisions, but also check whether the federal government had provided America any related administrative regulations.

<Two> Federal Administrative Law

In accordance with the provisions of laws, administrative regulations USA all federal agencies work, must first in the Federal Register (Federal Register < >> ) published by the Federal Register, and then, < > Office (Office of Federal Register) according to the subject classification methods were incorporated into the "Federal Administrative Law > > (Code of Federal Regulations, its abbreviation is CFR). < > federal Gazette since March 14, 1936, every weekday (Monday to Friday) a. In 1938, the federal government according to the subject classification way then all valid code of administrative regulations, federal administrative code compile < >, which will be published. At present, a "federal administrative code > > about 200 or so, a full set of updated once a year, divided into four quarter gradually update. In the update, the new regulations add, delete the old regulations.

> and similar American federal administrative law > >, < is divided into 50 parts (titles), but the subject they are not all corresponding (see Annex A and annex two). Every department, a chapter (part), (subtitle), section. The name of each chapter generally represents a administrative department.

When find the relevant law, also can use the same or similar keywords to the following free website search whether relevant administrative regulations.

  • < > online federal administrative code (CFR on LineHttp://www.gpoaccess.gov/cfr/index.htmlOn this site, you can use the keywords and specific note cited (such as 8 CFR100, this note cited mean > eighth (federal administrative department concerned "immigration and Naturalization") the 100th chapter (the "immigration and planning bureau organization") to retrieve. In this website, you can also browse each volume of the directory to find what you need and regulations.

Because of the online version of the "federal administrative code > > update time is not earlier than the printing and publishing time, and will be published in the Federal Register > < new established administrative codification in < > in federal administrative code, also need certain cycle. So, in order to ensure that the administrative law what you find is the current effective, you have to search published in recent months "affected by the current federal administrative law > > < chapter directory" (Current List of CFR Parts Affected). The directory can also be in the above website for free retrieval, the address is http://www.gpoaccess.gov/lsa/about.html. If you want retrieved the chapters have been revised or modified, you should according to the directory on the "Federal Register > > note on" Federal Register, find the recently published "published a new regulations or recommendations to modify. < > electronic Webpage Federal Register is in the Government Printing Bureau's Web site, the web site forHttp://www.gpoaccess.gov/fr/index.html.

In order to one hundred percent make sure you retrieved administrative regulations is still valid, the completion of the above retrieval process, also need to retrieve your search over a recent issue of the "affected by the current federal administrative code Chapter Directory > <"> > < directory, have a look on you to use has been modified.

<Two> State statutes (State Statutes)

Statute law USA state publishing mechanism and mode and federal statutes similar. Also began to separate law (slip law) approach to the issue, at the end of the year this year, all laws passed by the time sequence as compilation, then the subject classification of dispersed into their code. Although the name of the state law are not the same, sometimes called "code" (code), sometimes called the "written law" (statute) , or "revised statute law" (revised statute. But most of the state code compilation style and > similar USA.

At present, almost every state in the state government website to provide free statute of this state, let people search. In these states on the site, you can use the keywords to search or browse the directory to find what you need legal. The following website is written law states provide free navigation (portal):

WashLaw site navigation state government and legislative information website (organized by the Washburn University Law School Library)Http://www.washlaw.edu/uslaw/states/AllStates/index.html

    Looking for web site (FindLaw)Http://www.findlaw.com/11stategov/(is a WESTLAW, provide free legal information website) the site navigation state government and legislative information website.

Administrative law is the same in most of the States American compilation classified according to the subject matter. Like the Federal Administrative Code > <. But, now there are many state laws, is not willing to free on its website to provide their administrative code. The site provides navigation on the development state of the administrative law Webpage free retrieval:

  • The state administrative code and bulletin website (ACR)Http://www.nass.org/acr/acr.htmlThe site is the administrative code and bulletin from the Secretary of State Institute Publications (the Administrative Codes and Registers Section of the National Association of Secretaries of State) sponsored. It will America 50 states according to English alphabetical order list and to provide the state administrative code and bulletin website navigation.

<Three > Town Code(Municipal Codes)

America town code can refer to the New York such as city ordinance (City Ordinance) or small town law. At present America many small city and counties have the law on their respective local government website, free for the public to search. If you search to where you need the government website, can check to the local government if the laws on the Internet makes people. Provides free navigation website for urban code website.