Legal Research 101: California Legislative Intent Searching

The purpose of the legislative branch is to create laws (for the record, the term "code" refers to the body of laws in a jurisdiction; statutes are the individual laws within the code).  The purpose of the judiciary is to interpret those laws.  But have you ever been in the middle of a legal research project and found a statute that, you wondered, why the legislature created it?  Was it to correct an error?  Clear up an ambiguity?  Maybe it was to clarify a legal issue?

The purpose of conducting a legislative intent search is to determine WHY the legislature did what it did when it created a statute.  In this class, students will learn the seven (7) steps I have developed over the last 20 years to conduct an online California Legislative Intent Search using (mostly) free online resources. 

First, why California?  Well, because I spent most of my career in California,

Second, why California?  Well, because it's actually easier to conduct a legislative intent search in California than any other state because California makes its legislative materials more readily available than any other state in the Union (I'm just sayin).

In addition to laying out all seven steps, this introductory class covers how to develop key words to help you conduct research and look for resources that you might otherwise skip without first settling in on what it is you are looking for.

I have taught this class to all levels of persons from judges all the way down to the lowly pro se litigant who has no legal education.    What does this mean?  I means that the information is presented in such a way as to allow anyone with a desire to learn and follow and replicate the process and begin developing their own legislative intent search plan.

So, waste not a minute and begin your study in how to conduct an online California Legislative Intent Search (using mostly free online resources) so that you can become a more valuable member of your legal team.

In Step 1: Find the Law/History, students learn where to locate a California statute using a free online resource. 

If you don't like using the URL that I use or, for some reason, the URL that I use in this seven step program ceases to function, you can always go to google.com and search for "[state] codes" (where "state" is the name of the state for which you are seeking codes - but you might not find the history of your statute (which is critical for Steps 2, 4-6).

So maybe it's just best to stick with the group on this one.

In Step 2: Statutes and Amendments to the Codes ("Stats"), we cover how to use this historic set of documents. 

Stats includes California legislation from 1850 to present and includes every statute since California became a state.  

In using Stats, you will be able to convert a chapter to a bill number, know where to locate the names of authors of a bill, view all amendments to a statute, and (beginning in 1967) know what is and where to find the Summary Digest.

Yeah, lots of fun things to do.

Considered to be one of the (if not THE) most powerful (un-elected group of people) in the entire state of California, Step 3: California Law Revision Commission Reports covers what is and how to use the California Law Revision Commission Reports. 

So, pay attention to this one because it is a real eye-opener what this body has done to and in the state of California.

In Step 4: Legislative Journals, we cover what is and how to use the California Legislative Journals (from both Assembly and Senate). 

Simple, right?  Yeah, not so much. 

What is helpful with the California Journals, though, is that you get to see timelines when a bill was passed.  And, if you are lucky, you can find helpful discussion relating to the "why" of legislation. 

If you are very, VERY lucky, you can read floor debates and committee notes and other helpful nuggets that lay out why the legislature did why of what the legislature do what they did.

And that's why we want to look in the Legislative Journals - to find out why the legislature did something.

While most of the steps used in this California Legislative Intent search uses free online resources, sometimes you have to resort to pay-for-play materials.  Such is the case with Step 5 and 6. 

In Step 5: Law Journals, and using the powerful legal database HeinOnline (covered in Class 3), we examine what is and how to use the Pacific Law Journal (older material) and the McGeorge Law Review (newer material) to extract information vital to understanding how and what the legislature did to the statute we are researching.

Together with the Law Journals, Step 5 also identifies the importance of Step 6: Newspapers in conducting a legislative intent search.  While not a significant source of information, newspapers can provide additional insight into the "why" of legislation.

The final step (Step 7) in the process to develop a California Legislative Intent Search is to shepardize your statute. 

Covered in my first class, the purpose of shepardizing (a verb) is to check the validity of a resource (primary or secondary authorities).  You can shepardize most anything but for purpose of this class, you will want to shepardize the statute you are examining to determine the judicial and legislative treatment of your statute. 

We check the Judicial treatment to see how the courts have interpreted your statute.  We check the legislative treatment to see how and whether the legislature has manipulated or otherwise amended the statute over the years.

Sometimes, even after you've gone through all seven steps of a legislative intent search process, you can't find much of what you need to build a case for or against a statute.  In such cases, you can always fall back on Plan B (i.e. have someone else do it for you - for a price).