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Selected Law Materials

Available at NDSU Library and Internet Links

March 2004

The purpose of this web page is to introduce how to locate law; that is, state and federal statutes, regulations and court decisions.  This is only an introduction but it will be adequate for this course.

This site is for educational purposes only.  It is not a substitute for competent legal counsel.   Seek appropriate professional advice for answers to your specific questions.

Law-related materials are available in both traditional print (books) and increasingly on the worldwide web (WWW).  Accordingly, this introduction considers both formats.  You may find it to be most effective to use both formats (if you have access to printed law materials).

Statutory Law

State Statutes

North Dakota Century Code

  • The North Dakota Century Code (N.D.C.C.) contains all state statutes enacted by the North Dakota legislature since statehood in 1889 that are still in effect today.  A statute that was enacted by the legislature but then subsequently repealed, for example, is not included in the Century Code.  Also, a statute enacted in the 1930s and amended in the 1980s would appear in the Century Code in its current (amended) form.
    • The N.D.C.C. is available in a printed format; a multi-volume set of books available from a private publisher.
      • At the NDSU Library, the N.D.C.C. can be found in the Reference room at Ref KFN 8630 A2 1959
    • The N.D.C.C. also is available on the WWW at http://www.state.nd.us/lr/information/statutes/cent-code.html; this a government web site maintained by the North Dakota Legislative Council.  That web page provides a brief description of the N.D.C.C.
  • The N.D.C.C. is organized into 65 major topics (titles); the titles are subdivided into chapters and sections.
 
  • Updating the N.D.C.C.
    • The N.D.C.C. needs to be updated as statutes are enacted, amended or repealed by the North Dakota Legislature which meets January through spring every odd-numbered year; e.g., 2005. 
    • The printed version of the Code is updated with pocket-supplements after each legislative session; the pocket-supplements are usually inserted at the back of each volume; occasionally the supplement will be a separate paperback volume if there has been a substantial number of changes).
      • When you read a section in the main part of the volume, determine if the section was updated by checking the pocket-supplement by looking for the same citation (e.g., §41-09-61).  If the section number does not appear in the pocket-supplement, there has been no update and the statute in the main volume is the current statute.  If there is material for that section in the pocket-supplement, the statute has been recently updated; use the statute as it appears in the pocket-supplement -- not as it appears in the main volume.
    • The web site is updated soon after each legislative session by incorporating the changes into the N.D.C.C.
  • The printed version includes annotations of North Dakota court decisions; that is, a one-sentence summary of court case -- a helpful way to identify relevant court cases.
  • Use the printed Index(in a separate volume) to find the statute you are searching for; the Index uses the same numbering system to direct you to sections of the N.D.C.C.
  • On the WWW --
    • Key words can be used to search one Chapter of the N.D.C.C. at a time; use the Edit/Find command.
    • It may be equally effective to use the printed Index (if you have access to it) as a way to find the citation to a section; you can then use either the printed N.D.C.C. or the WWW site to locate the statute. 
    • You also can search for a statute by using the list of Titles on the web site, and then the list of Chapters within each Title; but this may not be an effective search method if you are not familiar with the N.D.C.C.
  • Citation format:  N.D.C.C. §41-09-61 (title - chapter - section)
  • Statutes (or codes) for others states can be found by clicking here.  Although most state statutory codes use numbering systems to organize their statutes, there are a variety of numbering schemes.

 

Federal Statutes

United States Code

  • The United States Code (US Code or U.S.C.) contains all federal statutes currently in effect (similar to the North Dakota Century Code that contains all North Dakota statutes currently in effect); it is organized into 50 major topics (titles) and then subdivided into chapters and sections.
  • When citing the US Code, the chapter generally is NOT noted; instead just the title and section numbers are used to identify the statute, e.g., 7 U.S.C. §1981 (title U.S.C. section).
  • The US Code is available in several printed multi-volume versions; one version is published by the federal government; several others are printed by private publishers. 
    • At the NDSU Library, the US Code (version printed by the government) can be found in the Reference room at Ref KF 62 1994.
  • The US Code also is available on the WWW at http://www4.law.cornell.edu/uscode/ (Legal Information Institute) and at http://uscode.house.gov/ (Office of the Law Revision Counsel, US House of Representatives)
  • The government printed version of the US Code is updated with supplemental volumes as needed.
  • Use the Index to search the government printed version.
  • Use keywords to search the US Code on the WWW; both web sites listed above have search capabilities.
  • Citation format:  7 U.S.C. §1981 (title U.S.C. section)

 

Administrative Law

State Regulations
North Dakota Administrative Code
  • The North Dakota Administrative Code (N.D.A.C.) contains the regulations of the North Dakota government agencies.
  • It is available in a printed format (multi-volume set of 3-ring binders).
    • At the NDSU Library, the N.D.A.C. can be found in the Reference room at Ref KFN 8635 1978 A25
  • The N.D.A.C. also is available on the WWW at http://www.state.nd.us/lr/information/rules/admincode.html. That web page provides a brief description of the N.D.A.C.
  • N.D.A.C. is organized into 108 titles, usually by agency; titles are then divided and subdivided into articles, chapters, and sections; e.g., N.D.A.C. §41-04-02-03 (title - article - chapter - section); for example,
  • The printed version is updated by replacing pages in the 3-ring binders.
  • Search the printed version by using the Table of Contents in the first volume.
  • Search the WWW version by using the list of titles, articles, chapters, and sections.
  • The authorizing state statute (from the N.D.C.C.) is identified at the end of each section of the N.D.A.C.; remember, an agency can do no more than the legislature has authorized, nor do less than the legislature has mandated.
  • Citation format:  N.D.A.C. §41-04-02-03 (title - article - chapter - section)
  • You may be able to find regulations for other states by clicking here.

 

Federal Regulations
Code of Federal Regulations
  • The Code of Federal Regulations (C.F.R.) contains all regulations of the agencies of the federal government.
  • The C.F.R. is available in printed format (approximately 200 paperback volumes) and on the WWW.
    • At the NDSU Library, the C.F.R. can be found in the Reference room at Ref KF 70 A3
    • On the WWW, the CFR can be found at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html;
      • This web site also includes regulations from previous years -- this could be important in some situations; for example, if an issue arose 2 years ago that remains unresolved, the regulation in effect at the time the problem arose would likely apply to the problem, not the current regulation; therefore, access to the earlier version of the regulation is invaluable.
  • The C.F.R. is organized by the same 50 titles as the United States Code
  • To locate a regulation in the the printed version of the C.F.R. use the Index; to locate a regulation in the C.F.R. on the WWW, use the search mechanism found at http://www.gpoaccess.gov/cfr/index.html.
  • Citation format:  7 C.F.R. §42.101 (title C.F.R. sectiion)
  • The printed version of the C.F.R. is updated annually by replacing the entire volume (this is an ongoing process, that is, by the end of the year, all the volumes have been replaced and then the process is repeated the following year).  The WWW site for the C.F.R. is updated on the same schedule as the printed version.  
    • Since the C.F.R. is updated on a schedule and each volume is updated once each year, but regulations are being added or revised on an ongoing basis, there is a lag between what is published in the C.F.R. and the most recent changes.  The Federal Register is used to "close this gap."

 

Federal Register
  • All federal regulations are published in the Federal Register as they are finalized; the Federal Register also contains announcements (e.g., program announcements), notices, and proposed regulations issued by federal agencies.
  • The process of promulgating a federal regulation involves 1) publishing the proposed regulation in the Federal Register, 2) allowing time for public comment and hearing, 3) agency revisions based on the public comment, and 4) publication (again) in the Federal Register in its "final" form.  After these steps are completed, the regulation takes effect.
    • Use the Federal Register to locate proposed regulations, as well as recently announced final regulations.
    • It may be helpful to think of the C.F.R. as containing only final regulations; proposed regulations (those in the process of being finalized) are NOT yet part of the C.F.R.
    • The C.F.R. does NOT contain recently announced final regulations due to the time lag in the process of updating the C.F.R.
  • Federal Register is published daily; it is available in printed format and on the WWW.
  • To locate information in the printed version of the Federal Register -- 1) use the end-of-the-year Index to locate materials from previous years 2) use the January-to-end-of-previous-month Index to locate materials from previous months of the current year, and 3) use the last page of the most recent issue of the Federal Register to locate materials for the current month.
  • A search mechanism is provided for searching the Federal Register on the WWW.  Also use "List of CFR Sections Affected" at http://www.gpoaccess.gov/lsa/index.html
  • Citation format:  Federal Register: March 15, 2004 (Volume 69, Number 50) Pages 12154-12155.
 

 

Case Law

State court decisions
  • Court decisions, especially decisions/opinions by appellate courts (such as the North Dakota Supreme Court), serve as precedence for subsequent cases that involve similar legal questions; these decisions are sometimes collectively referred to as the common law.  Accordingly, there needs to be a way to compile and retrieve court decisions/opinions.
    • Example of previous court decisions being relied on in later court cases.

    "In determining an equitable distribution of the property, a trial court must consider the Ruff-Fischer guidelines.  Ruff v. Ruff, 52 N.W.2d 107 (N.D. 1952); Fischer v. Fischer, 139 N.W.2d 845 (N.D. 1966)."  Northrop v. Northrop, 2001 ND 31, 622 N.W.2d 219.

  • Court opinions are available in printed format prepared by private publishers (e.g., Northwestern Reporter which compiles court decisions from seven states (including North Dakota) organizing them in the order they are received by publisher) and on the WWW (the availability of state court decisions on the WWW varies among states).
  • Use Northwestern Digest and annotations in North Dakota Century Code to find cases.
    • The Northwestern Digest (available in NDSU Library Reference room at Ref KF 135 N72 W4) contains annotations (one-sentence summaries) of court cases.
    • The annotations are arranged in alphabetical order by topic.
    • The Digest is updated with pocket supplements.
    • Use the Index to locate topics in the Digest; do NOT cite the digest; only use it to locate relevant court decisions/opinions.
  • Use keywords to search North Dakota Supreme Court web site at http://www.court.state.nd.us/Search/Query.asp
  • With the advent of the WWW, the methods of citing court decisions has changed.  The following guidelines for North Dakota are taken from http://www.ndcourts.com/Citation/
    • 1997 to current: Wilson v. Siffer, 1998 ND 1, 579 N.W.2d 200; that is, names of the parties, year, state, case number, volume number (of printed/parallel reporter), reporter and series, first page of decision.
    • 1954 to 1997:  Ernst v. Young, 524 N.W.2d 675 (N.D. 1995); that is, names of the parties, volume, reporter and series, first page of decision, state, year.
    • 1890 to 1953:  Roe v. Doe, 79 N.D. 395 60 N.W.2d 242 (1953).
  • Court cases from other states may be available.

Federal court decisions

  • Federal appellate courts primarily consistent of the United States Supreme Court (USSCt) and the United States (Circuit) Courts of Appeals.

  • Decisions/opinions of the USSCt are available in several printed versions; USSCt decisions/opinions since 1990 are available on WWW at http://supct.law.cornell.edu/supct/

    • Printed version of USSCt opinions (Lawyer's Edition) is available in NDSU Library Reference room at Ref KF 101 & Ser 2.

    • The decisions are organized in chronological order of decision date.

    • Use United States Supreme Court Digest and annotations in American Jurisprudence 2nd to locate decisions.

    • Use search mechanism on WWW to locate USSCt decisions/opinions.

    • Citation format: Jones v. Brown, 502 U.S. 234 (1991); that is, names of the parties, volume, official reporter, first page of decision, year.

  • Courts of Appeals -- available in a printed version (NDSU Library does NOT have these reporters); some opinions are on the WWW at U.S. Courts.

 

General

  • The previous three sections of this web page addressed steps to locate the law, that is, the actual statutes, regulations and court decisions.  It is sometimes helpful to read general explanations as one begins to learn about a legal concept.  This section of this web page suggest sources for such explanations.
    • These explanations are NOT the actual law; they are the author's description of the law.  For this reason, attorneys are usually discouraged from using/citing these explanations in their materials. 
    • For the purpose of this course, these explanations may be cited.  To go even a step further -- for the purpose of this course, these explanations may be a GOOD STARTING POINT for your research.
    • Such explanations are generally printed but some are becoming available on the WWW.
 
  • Dictionary of Legal Terms
    • Printed -- Blacks Law Dictionary - at NDSU Library in Reference Room at Ref KF 156 B53 1990
    • WWW site --
 
 

e-mail the instructor

This material is intended for educational purposes only.  It is not a substitute for competent legal counsel.   Seek appropriate professional advice for answers to your specific questions.

 

Email: sswandal@ndsuext.nodak.edu
Last Updated: Thursday, October 31, 2002
Published By: Department of Agricultural Economics