What All Counts as the Law?
Perhaps you’ve been curious in the past on what the law actually is, as opposed to what people say it is. Maybe you’ve wondered what the heck attorneys do all the time or why they think they know so much. If you’ve ever thought to yourself that Perry Mason or Patty Hewes looks like a pretty smart cookie and fancied yourself a litigator, perhaps you’ve wondered what it would be like to be an attorney. Even if you have no interest in practicing law, perhaps you’re just curious about the law of the land and would like to know how to read it. If any of these describe you, then this could very well be your first taste into what it means to study the law.
The law has caused the death of more trees than any forest fire imaginable. At such broad terms, the “law” covers not only your local ordinances and codes, state laws, state administrative rules, published and unpublished case law and administrative proceedings, it covers all federal laws, administrative rules, and cases as well. All this without even mentioning the laws of other countries and the laws that govern international relations. When one stops to really think about it, the full scope of the “law” can make one’s head spin.
Although you might never negotiate a treaty between sovereigns, just understanding how to research the laws of one’s state alone can be quite beneficial. Therefore, this article will give a basic breakdown of the legal structure as works in Oregon and where you can find useful resources when you want to look up a legal issue.
So Where Can I Read Oregon’s Laws?
The laws of Oregon begin and end with the Oregon Revised Code. The Oregon Revised Code is the body of statutes written by our elected state representatives which forms the starting point for any legal issue or question. Oregon’s elected representatives (sometimes) work together to write the statutes that guide how our state should function, from the courts to its citizens to its corporations and nonprofit organizations. From there, the citizens and corporations and nonprofits of the world argue and fight over what those statutes mean. When judges are asked to referee and solve these arguments, those judges write written opinions, creating case law that further interprets what those statutes mean. Even judges interpret the interpretations of other judges when people seek appeals. Even the statutes and case law aren’t often specific or detailed enough, so often times, Oregon’s representatives create state agencies to specialize in writing laws and solving controversies relating to entire areas of the law, which are called administrative rules. These administrative rules are also laws. In Oregon, you can access these three important areas of the law all by use of the internet
- Statutes
- State Agency Administrative Law
- Judicial Case Law
The many volumes of the Oregon Statutes are laid out at the Oregon State Legislature website. These statutes cover more topics than I could list, including criminal laws in Chapters 130 through the 180s and family laws in Chapters 107 through 110 (and a few other places), just to name a few highlights.
The Oregon Administrative Rules can be viewed at the Oregon Secretary of State’s website. Interestingly, the authority for any provision of the administrative must correspond with a particular delegation of authority specifically within the Oregon Statutes. Therefore, each administrative rule section relates to a corresponding statutory section. Any comprehensive research of a particular legal issue can often require in-depth research of both bodies of law.
Lastly, but certainly not least, no analysis of the law would be complete without a thorough understanding of the published case law interpreting those statutes and administrative reviews. Case law research is a tricky art often aided by case law research software costing thousands of dollars in subscription fees. However, you can research case law for free at Google Scholar. When searching legal opinions in Google Scholar, remember to type your search terms in the search box (using the statute number itself as a keyword is often a good place to start). Also, don’t forget to select searching only Oregon cases at the bottom of the screen. Otherwise you would be searching case law for all 50 states and the federal government as well. Even with just Oregon, the “laws” of Oregon span several hundred thousands of pages and could keep you busy for a life time.
Once you understand the vastness of the law and the numerous opportunities to make a mistake, it may be in your best interest to hire a professional if you have an important legal issue. You typically only get one shot at a legal issue, so it doesn’t pay to take on a job you may not be fully equipped to handle on your own. However, knowledge is power and knowing how to research the law is a powerful tool to own. Who knows, maybe you’ll love researching the law and become a lawyer some day.
