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Law on the Frontlines 9.2010
Law on the Frontlines
Catherine McGuire, Maryland State Law LibraryJoan Bellistri, Anne Arundel County Public Law Library
~Dealing with Law Questions
from Public PatronsSeptember 30, 2010
Law on the Frontlines 9.2010
Class Outline• What is “the law”?
Where it comes fromTerminologyThe court system
• Addressing basic questions• Primary sources
Maryland Code and RulesCOMARCases
• Secondary sourcesFormsUsing the Judiciary’s websitePrint materials in your libraryPeople’s Law Library
• Referring out: Law librariesThe AACPLL and the MSLLOther referralsHow to tell which one to use
Law on the Frontlines 9.2010
What do we mean by
THE
LAW?
Law on the Frontlines 9.2010
Types of LawRegulations
(Issued by executive agencies)
Statutes(Passed by the
legislature)
Cases(Decisions from the
courts)
also Rules of Procedure
…and don’t forget about the Constitution!
Law on the Frontlines 9.2010
Levels of LawFederal State
(Maryland)Local
● Anne Arundel County
● Annapolis City
Legislative Body U.S. Congress General Assembly
County orCity Council
Executive / Regulatory Body
Federal Agencies
Ex: FDA, EPA
State AgenciesEx: MVA, DLLR
None
Judicial Body Federal Courts State Courts● Court of Appeals
● Court of Special Appeals
None
Law on the Frontlines 9.2010
TerminologyGlossary at:www.lawlib.state.md.us/researchtools/glossary.html
Black’s Law Dictionary or other legal dictionary
Don’t get thrown off
by the vocabulary
– look it up!
COMMON TERMS:
Judicial (case) law: case, docket, decision, opinion, reported, unreported
Statutory law: legislation, bill, act, statute, code
Regulatory law: regulation, rule, agency, register
Law on the Frontlines 9.2010 http://www.mdcourts.gov/courts-organization.pdf
The Maryland Court System
Law on the Frontlines 9.2010
District Court (trial court)•Created in 1970 to replace municipal and people’s courts
•Administered on a State level (Chief Judge)
•Criminal jurisdiction: all misdemeanors and some felonies
•Civil jurisdiction: landlord-tenant cases small claims ($5000 and below) some domestic violence some civil claims between $5000 and
$30,000
•Arguments are before a judge only; no juries
•Issues a DECISION, but not a written OPINION
Law on the Frontlines 9.2010
Circuit Court (trial court)• One in each county; administered on a county basis (Administrative Judge)
• Civil jurisdiction: amounts over $30,000; some $5,000-
$30,000 jury trials divorce and child custody
• Criminal jurisdiction: serious felony cases such as murder
• Appeals: from District Court, Orphans’ Court and certain administrative agencies
• Issues an opinion, but only applies to parties involved in the case – does not set precedent
Law on the Frontlines 9.2010
Court of Special Appeals(appellate court)• Appeals from the Circuit Court, and others
• Hears ALL appeals presented to it
• There are thirteen (13) judges; cases are heard before a panel of three (3)
• Both sides present briefs – written arguments for each side
• Oral arguments are presented by each side; there are no witnesses; no facts are argued; facts are presumed from trial
• Court issues a written OPINION, but not all opinions are REPORTED
Law on the Frontlines 9.2010
Court of Appeals (appellate court)
• Highest (“supreme”) court in Maryland
• Selective about the cases it hears – writ of certiorari (“cert”) or by choice, except death penalty cases which they must hear
• There are seven (7) judges; every case is heard by all seven
• Briefs are submitted, then oral arguments are presented by each side; no witnesses; no facts argued; facts are presumed from trial
• Issues a written OPINION
• Adopts rules of procedure for all Maryland courts
Law on the Frontlines 9.2010
The Legal Reference Question
• Interpretation vs. InformationIs it legal to…?Is there a Maryland law about…?
• Process vs. TheoryHow do I subpoena a witness for my trial?Can I subpoena a witness for my trial?
• Identifying the level and type of law required
• Primary vs. Secondary SourcesI want the Maryland law on…I want to know about Maryland law on…
Legal Information v. Legal Advice
The Maryland Access to Justice Commission has developed publications to guide court employees in assisting the non-attorney
http://www.courts.state.md.us/mdatjc/trackourprogress.html
What Can I Do to Help You? A guide for court staff (a manual)
Can We Help You? (a onesheetwonder)
Law on the Frontlines 9.2010
Primary Sources: This IS the law
Primary = comes from or is designated as official by the actual body creating the law; holds the force of law:
Constitution: the basis of all other created law
Legislative body: codes, statutes, legislationAnnotated Code of Maryland
Executive body: regulations, ordersCOMAR
Judicial body: cases, court rulesMaryland Reports, Maryland Appellate Reports, Maryland Rules
Law on the Frontlines 9.2010
Legislative Law: Maryland Code
There are three official versions:Print: Lexis (Michie) and WestOnline: Maryland General Assembly
www.mlis.state.md.us
There are many unofficial versions. The most widely-used is available from the State Law Library’s websitewww.mdcourts.gov/lawlib/researchtools/sourcesmdlaw.html
Law on the Frontlines 9.2010
Legislative Law: Maryland Code
• Code refers to the organization by topic of the Statutes/Laws
• Annotated means containing research and case notes to aid in further research. These notes are added by the publishers and are therefore copyrighted, and only available in the print version of the Code or the fee databases
Law on the Frontlines 9.2010
Legislative Law: Maryland Code
• Article refers to the breakdown by topic within the Code. An older edition of the Code (1957 ed.) used number designations to break up topics. Beginning in the 1970s these numbered breakdowns have been “recodified” – rewritten for clarity, reorganized and renamed by topic rather than number.
• Title refers to the breakdown within each Article. The subtitle further breaks down the topics
Law on the Frontlines 9.2010
Law Citations:Codes & Statutes
Ann. Code Md. Family Law 13 102
Article Title
Subtitle / Section
Ann. Code Md. Family Law §13-102
Ann. Code Md. Family Law 13 102
Annotated Code of Maryland
Ann. Code Md. Family Law §13-102
§ = section
The front part can read as any of the following:Ann. Code Md.Md. Code Ann.Md. Code
Law on the Frontlines 9.2010
Judicial Law: Maryland Rules
Rules = court procedure; how a case proceeds through the courts:
• Time frames for filings and responses• Formats for documents filed with the courts
Where are the Rules?
Print: two-volume supplement to the Md. CodeOnline: with the Md. Code on the MSLL’s Sources of Maryland Law web page
Law on the Frontlines 9.2010
Law Citations: Court Rules
Md. Rule 6 301
Maryland Rules of Procedure
Title Chapter
Md. Rule 6-301
Law on the Frontlines 9.2010
Web Site Review: Sources of Maryland Law: Current Code & Rules from Lexis/Michie’s
www.lawlib.state.md.us/researchtools/sourcesmdlaw.html
Law on the Frontlines 9.2010
Practice Exercises: Maryland Code
Using the Maryland Code available from the State Law Library’s Sources of Maryland Law web page, answer the following questions:
1. Retrieve the following citation: Md. Code. Family Law § 11-106.What is this section about?
2. Find and cite the statute that deals with the crime of “disturbing the public peace”.
3. Find and cite the statute that gives the age for someone to get a learner’s permit to drive.
Law on the Frontlines 9.2010
Legislative Law:Anne Arundel County Code
The official version is the printed, 2-volume binders
There is an unofficial version found online at http://www.aacounty.org/CountyCode
Note: You can use the MSLL’s Sources of Maryland Law web page to find ALL available online Maryland county and municipal codes
Law on the Frontlines 9.2010
Law Citations: Anne Arundel County Code
AA Code § 6-1-101
Anne Arundel County Code
Article Title Subtitle
Law on the Frontlines 9.2010
Web Site Review: Anne Arundel County Code
www.aacounty.org/CountyCode
Law on the Frontlines 9.2010
Practice Exercises: Anne Arundel County Code
Using the Anne Arundel County Code on the web, answer the following questions:
1. What are the duties of the Legislative Counsel to the County Council?
2. My dog got loose yesterday. I think animal control got him. How long will county animal control hold my dog until I get pick him up?
3. I can never find parking at my health club. I think they didn’t put in a big enough parking lot. Is there a requirement for how many spaces they should have?
Law on the Frontlines 9.2010
Executive Law:Code of Maryland Regulations (COMAR)
Executive law is usually called regulations (aka regulatory law); review proceedings of matters relating to regulations are called administrative hearings
Like statutory law, regulations are codified, i.e., published in a topical arrangement
Official version = print (looseleaf binders)Unofficial version = available online from the
Division of State Documentshttp://www.dsd.state.md.us/
Law on the Frontlines 9.2010
Law Citations: Regulations
COMAR 10.07.03.24
COMAR 10 07 03 24
Code of Maryland Regulations
Title
Subtitle
ChapterRegulation
Law on the Frontlines 9.2010
Web Site Review:COMAR via www.dsd.state.md.us
Law on the Frontlines 9.2010
Practice Exercises: COMAR
Using the version of COMAR available from the Division of State Documents web site, answer the following questions:
1. Retrieve the following COMAR citation: 28.02.01.18. What is this section about?
2. Find and cite here the regulation that tells what the difference is for shell eggs between the sizes jumbo and extra large.
Law on the Frontlines 9.2010
Judicial Law: Maryland Cases
Cases are published in books called “reporters”:Maryland Reports (Court of Appeals)Maryland Appellate Reports (Court of Special Appeals)
Opinions are published in date order, as they are filed.
Official sources = print reporter volumes
Unofficial sources = Judiciary website, Google Scholar, and many other free and fee-based internet locations
Law on the Frontlines 9.2010
Law Citations: Cases
Batson v. Shiflett, 325 Md. 684, 602 A. 2d 1191 (1992)
Batson v. Shiflett 325 Md. 684 602 A. 2d 1191 (1992)
Parties in the case
Volume Page
Parallel citation
Date
Reporter
Law on the Frontlines 9.2010
Web Site Review: Judiciarywww.mdcourts.gov
Link to opinions
Search engine
Law on the Frontlines 9.2010
Web Site Review: Google Scholar (Advanced Search)
For general results, on the main Scholar search page click “Legal opinions and journals”
For Maryland-specific results, use the Advanced Scholar Search feature
www.google.com
Law on the Frontlines 9.2010
Web Site Review: Google Scholar (Advanced Search)
Can search ALL federal and state; ALL federal; OR a specific or multiple states
Law on the Frontlines 9.2010
Practice Exercises: Cases
Using the case materials available from either the Maryland Judiciary’s website at www.mdcourts.gov/opinions.html, or Google Scholar, complete the following questions:
1. Retrieve the case Poku v. Friedman, 403 Md. 47 (2008).
2. Find and cite at least one case where there is discussed the idea of child support payments including or taking into account the cost of tuition.
Law on the Frontlines 9.2010
Secondary Sources: ABOUT the Law
Secondary = provided or generated by a non-primary-creating source, such as a commercial publisher or non-profit legal agency:
Legal encyclopedias (AmJur, CJS, MLE)
American Law Reports (ALR)Treatises (textbooks) Law reviews and journals Locating tools: digests and citators
(Shepard’s, KeyCite)
Law on the Frontlines 9.2010
Forms: Online
District Court: garnishmentpeace ordersnotice of satisfactionand moreMost forms available atwww.mdcourts.gov/district/dctcivforms.html
Circuit Court:family lawguardianshipForms available at:www.mdcourts.gov/family/forms/index.html for other case types, formats rather than forms - see the Maryland Rules
Gale Legal Formsdatabase subscription at AACPL and MSLL
Law on the Frontlines 9.2010
Forms: In Print
Maryland Rules contains some forms
Maryland-specific forms books:
Maryland Civil Procedure Forms with Practice Commentary
Maryland Practice: Civil Procedure Forms
Maryland Practice Forms Maryland Litigation Forms
and Analysis
General forms book collections:
West’s Legal Forms Am Jur Legal Forms
Law on the Frontlines 9.2010
Web Site Review: mdcourts.gov
“For Citizens”
Circuit Court
District Court
Court Records
Law on the Frontlines 9.2010
Web Site Review: District Court
Self Help
Topics
Glen Burnie
Self Help
Center
www.mdcourts.gov/district/index.html
Law on the Frontlines 9.2010
Web Site Review: Circuit Court
Family Law Clinic
Law Library
Clerk’s Office Contacts
www.circuitcourt.org
Law on the Frontlines 9.2010
Practice Exercises: District and Circuit Courts Websites
For the following questions, locate the best web page for responding to the question, using the Judiciary’s website.
1. How do I file for an expungement?
2. I want a divorce. Where can I get the form to file?
3. I want to fight a traffic ticket. I just moved from Glen Burnie to Pasadena. How do I let the court know so I get my court date information?
4. I need a copy of my marriage license, how do I get that?
Law on the Frontlines 9.2010
Secondary Sources: Nolo and Sphinx Publications
Law on the Frontlines 9.2010
Secondary Sources: People’s Law Library
Note: The new revised site is expected soon
www.peoples-law.info
Law on the Frontlines 9.2010
Secondary Sources:Practice Exercises
Using the People’s Law Library website, answer the following questions:
1. Where do I file for a change in my custody agreement? Where can I get help filing for such a change?
2. My house is getting foreclosed on. I need help! Where can I find some help?
3. I’m 15 and want to live away from my parents. I heard I can get emancipation. How do I do that? Do I have to go to court?
Law on the Frontlines 9.2010
Referring Out: Law Libraries
• Anne Arundel County Public Law Library (AACPLL)
• Maryland State Law Library (MSLL)
What we doWhat we haveHow to contact us
Law on the Frontlines 9.2010
Anne Arundel CountyPublic Law Library
Reference assistance
Referrals
Self Help Center
Lawyer in the Law Library Program
Law on the Frontlines 9.2010
Anne Arundel CountyPublic Law Library
Reference and Referrals
Law on the Frontlines 9.2010
Anne Arundel CountyPublic Law Library
AACPLL’s Wiki
www.aacpll.pbworks.com
Today’s presentation is available on the wiki at:aacpll.pbworks.com/Legal-Research-Programs
Law on the Frontlines 9.2010
Anne Arundel CountyPublic Law Library
Self Help Center
Law on the Frontlines 9.2010
Anne Arundel CountyPublic Law Library
Ask a Lawyer in the Law Library
Law on the Frontlines 9.2010
Anne Arundel CountyPublic Law Library
• Website: www.circuitcourt.org/law-library-mainmenu-40
• Blog: www.aacpll.wordpress.com
• Wiki: www.aacpll.pbworks.com• Bookmarks:
www.delicious.com/AACPLL• Phone: 410-222-1387• Fax: 410-268-9762• Email: library@circuitcourt.org
Contact Information and Links
Law on the Frontlines 9.2010
Maryland State Law Library
• General and Maryland-specific primary and secondary sources
• Extensive self-help collection (lots of Nolo and Sphinx titles)
• Digitized collections: Maryland Rules Committee Minutes, Task Force Reports
• Historical collection of Maryland law
• State and Federal Government Docs (depository library)
Collections of Note
Law on the Frontlines 9.2010
Maryland State Law LibraryWeb site:
www.mdcourts.gov/lawlib
Phone reference:410-260-1430
Email reference:lawlibrary@mdcourts.gov
Chat reference:On AskUsNow LIVETuesdays and Thursdays2:00 pm to 4:00 pm
Contacting Us
Law on the Frontlines 9.2010
Which Law Library to Use?
Anne Arundel County Public Law Library
Procedural questions relating to AA Circuit Court or AA County government
Likelihood of person needing to actually file something with the court
Clinic / Lawyer in the Library
Maryland State Law Library
Federal question
Historical question
Evening or weekend (Tues/Thurs, Saturday)
Law on the Frontlines 9.2010
ReferralsLaw Libraries
AACPLL: 410-222-1387http://www.circuitcourt.org/law-library-mainmenu-40
MSLL: 410-260-1430mdcourts.gov/lawlib
Anne Arundel County Circuit Court Telephone Directoryhttp://www.circuitcourt.org/telephone-directory-topmenu-53
Government AgenciesUse the Maryland Manual to locate:www.msa.md.gov/msa/mdmanual/html/mmtoc.html
Non-Profit and Legal Assistance GroupsAnne Arundel County Circuit Court Family Law Self Help Centerhttp://www.circuitcourt.org/family-law-cases-mainmenu-36/62
AACPLL Ask A Lawyer In The Libraryhttp://www.circuitcourt.org/component/content/article/113
AA District Courtwww.courts.state.md.us/district/selfhelpcenter/home.html
Law on the Frontlines 9.2010
For Further Reading
The Legal Information Services to the Public (LISP) special interest section of the American Association of Law Libraries (AALL) has a guide called How to Research a Legal Problem: A Guide for Non-Lawyers available on their website:
www.aallnet.org/products/HowToResearchLegalProblem.pdf
University of Maryland Thurgood Marshall Law Libraryhas very good in-depth material on doing legal research:www.law.umaryland.edu/marshall/researchguides
Maryland People’s Law Libraryalso has general information on handling legal research:www.peoples-law.org/finding/the-law/looking_for_the_law.htm
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