Moving on, then...
I've taught the "HOW" of online and in-print legal research for the better part of 3 decades (for the unwashed, that's 30 years).
The first third I really didn't know what all I was doing. I had a pretty good idea of things and got many things right (by accident, no doubt). Of course, I also said a whole lot of things that were almost correct but had enough stuff wrong that it makes me cringe.
During the last third of my career (i.e. present tense), I was/am on fire. Of course, I had to go through some serious refining to get to where I am and while there were the occasional hiccup, most of what I say these days is absolute scripture. Dang but John the Revelator would be impressed.
The 2nd half of my career, I got smarter about stuff but still got some things wrong. Take, for example, concept of statutes versus codes.
Do you know what the difference between statutes and codes are? Is there a difference?!
As it turns out, there is - but I didn't know that until later in my career as a law librarian. Thing is, most people don't know the difference. Judges, attorneys, pro se litigants - all use the terms interchangeably and they all sound like tourists.
Years ago, I went a road trip I with a group of scouts (back when the BSA was a thing and not the mess that it is now). In my car was situated myself, a Friend of mine, and his kid. We were having a discussion and, wouldn't you know it, the topic of statutes v. codes came up.
In my ignorance, I said that there was no such thing as statutes - that it was all codes. I was able to give a decent defense but Friend laughs at me anyway. Then Friend calls his attorney buddy and they both laugh at me.
Great Friend.
I'm wondering if Friend were a woman, would they at least have tried to set me straight and not just laugh on impulse? I guess it's a guy thing - Guys laugh, Women empathize.
Anyway, I wasn't feeling the love and vowed retribution.
Years later when I was developing a 15-week series for a Legal Research and Writing class for a law school, I finally learned the difference between codes and statutes.
It was like a lightening bolt and was probably how Einstein felt when he finally figure out his theory of relativity. Yeah, it was that powerful!
Thing is, I'm betting Friend didn't know the difference between Codes and Statutes (or even that there was a difference) but laughed because...well,...he's a guy and that's what guys do when they don't know or know how to react.
Guys laugh.
Anyway, and stated simply, CODES are the body of law in a particular jurisdiction. STATUTES are the individual laws within the code. It may seem a simple/inconsequential thing but when you're conducting legal research, it helps to know what you're looking for/at.
For example California, there are (currently) 30 bodies of law within the California Code. Of that, the Code of Civil Procedure (CCP), is the code for civil procedural law in California.
Section 473(b) of the CCP is the specific statute that deals with setting aside a default judgement.
Why is this even important? Well, let's say you've been sued in civil court but you were never served process. In the case you were sued and didn't answer the suit/complaint, in California the plaintiff can file a default against you (i.e. and wins the case) if you haven't filed a response after 30 business days (i.e. when the court is open for business).
Of course, if you haven't been served process, then how will you know that you were sued? It wouldn't be right to just let the plaintiff sue you and then get away with murder - free to rape and pillage - unless you were able to defend yourself. So, what can you do? Well, CCP 473(b) shows you the criteria by which you can set aside that default allowing you to have your day in court.
It's a simple thing but critical and possibly life defining depending on which side of the fence you're on.
Anyway, do you see how this all works? First, find the Code(s) then find the specific Statute(s) you need.
Let's try another one.
Say I want to find the codes for the state of South Carolina. I can search Google.com and search for "South Carolina codes" and locate the South Carolina Legislature (and it's collection of all 63 Titles (i.e. Codes)). Note: CODES=the body of law.
Now, say I want to know to which party are costs of a lawsuit enured (meaning, which party gets costs of suit if they win - plaintiff or defendant)?
For that, I would scroll down to (and click the link that is) Title 15: Civil Remedies and Procedure:
Then scroll down to Chapter 37: Costs
Here, you can click on either HTML or Word format. Note, South Carolina is particularly nice to provide two formats. Most states don't have that feature.
Clicking on HTML format for Chapter 37 shows us the particular STATUTE (i.e. laws within the body of code) regarding who collects if they win (in this case, section 20):
Section 20 (or, more accurately, Section 15-37-20) states that costs are awarded to the party that succeeds (so, either the plaintiff or defendant).
And that's how it's done.
The upshot to all this and what you should be made aware of is:
1. There is a difference between Codes and Statutes, and
2. Every state and federal jurisdiction have their own body of codes. In fact, Justia.com is a great resource to locate all state code and/or Federal codes.
One caveat though - free legal resources are great and all but they generally lag by at least 6 months (federal codes/regulations are worse. They can lag by several years). So, if an online resource has been officially updated in January, the free online resources won't be updated until around June - if ever. Just be careful out there when using free online legal resources.
Anyway, that's my story and I'm sticking to it.
Of course, Friend doesn't remember that story or, at least, won't admit to remembering it - which is just as well since my retribution is cased in the fact that I've been able to set hundreds of newly minted lawyers (and not a few judges) on the path of enlightenment helping them to NOT sound like tourists.
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