Research state and federal laws
An introduction to the laws you may need to research to support your legal arguments in California state courts.
An introduction to the laws you may need to research to support your legal arguments in California state courts.
State, local, and federal laws are available for free, and often online. Law libraries will also often have them in print. It often helps to look up laws using other research tools, like online legal databases. These make searching for laws easier. The results will also include links to other relevant resources about the law. Go to a law library to find out more about how to access and use these other resources.
Get a short description of the laws and links to access the laws for free.
California law consists of the state Constitution, statutes, and 29 codes, covering various subject areas.
In general, to support your position in California state court, you will want to research California Codes. Codes are a collection of laws organized by subject. For example, there is a Family Code and an Evidence Code.
The California State Constitution is the fundamental law of the state. It lays out the basic principles to administer the public affairs of the state. For the most common types of civil cases, you will not need to research the Constitution. You will instead be researching the specific code that addresses the topic area.
A statute is a single law passed by the legislature. These laws are in the California Code, but can sometimes be in multiple sections, not all together. So, sometimes it helps to read a statute so you can read how the law works together rather than having to look at in different parts of the Code.
An ordinance is a law, passed by a city council or similar agency, about matters not already covered by federal or state law. Ordinances commonly deal with zoning issues in a community, building standards, and safety matters of the municipality.
Local ordinances may be very important in an eviction (unlawful detainer) case. For example, the county or city may have rent control laws that have a significant effect on the case. Access available online California local ordinances.
State regulations are rules or orders issued by government departments or agencies. For example, the Department of Motor Vehicles or the Franchise Tax Board. These same agencies can hear disputes and enforce their rules and regulations.
Many of the laws that come out of these agencies are not found in the California codes. They are published in the California Code of Regulations or other administrative codes. Regulations can have an important effect on the outcome of cases.
Typically, a California state court applies state laws to support its decisions. Sometimes, like in a criminal or civil rights case, there may be issues that involve the U.S. Constitution or other federal laws. If you do use federal law, you will need to know whether and how the state courts will apply these laws. If you find that you need to research these ask a law librarian for help. You may need to talk to a lawyer.