PowerPoint presentation

Using Legal Reference Sources

Basic Skills for the Non-Law LibrarianBy

Cathy Balshone, Reference Librarianwith

Suzanne Hoey, Trial Court Law LibrarianWorcester Trial Court Law Library

November 18, 2009

Class Goals

• Legal systems– Understand the origins of laws– What is a law?

• Resources– Print Sources: define primary and secondary sources– Learn how to read a legal citation– Legal portals: top Internet sites for legal links– Search for a case, a statute, a regulation– Databases: available through the Trial Court Law Libraries.

• Legal reference – Know about limits & disclaimers.– Find a public law librarian, attorney referrals or legal clinics.– Learn how to analyze a question.

• Look for consumer laws, laws by topic, laws by popular name.• Find forms, licensing information, applications, permits.

Internet Legal Portals

• Massachusetts Trial Court Law Libraries– http://www.lawlib.state.ma.us/index.html

• The State Library of Massachusetts.– Go to www.mass.gov, click on Branches &

Departments, Alphabetical List, State Agencies

• Cornell University Law School. LII / Legal Institute. http://www.law.cornell.edu/

• LexisOne. Free Case Law. http://law.lexisnexis.com/webcenters/lexisone

Where Can Laws Be Made?What Is Jurisdiction?

• Governing bodies– By a body of Legislators

• Legislative Law– By Executive Agencies and Commissions

• Regulations and Rules– By the Courts

• Case Law

• Jurisdiction: Geographic areas with powers of authority– National– State– Local

Obeying the Law What Are Laws Called?

• Session Laws – Legislative Branch– Current session laws

• Public Laws or Acts – Legislative Branch– Numbered as passed

• Statutes – Legislative Branch– Written law passed by legislature

• Codified Laws – Legislative Branch– Public laws and selected acts organized by topic into Titles and Chapters

• Ordinances – Local Legislature– Laws passed by local governments

• Regulations, Rules – Executive Agencies– Laws passed in the legislature are executed in further detail by agencies

• Case Law – Judicial Branch– Decisions– Opinions– Rulings

Finding Legal Definitions

• Black’s Law Dictionary, 9th edition, 2009 • Nolo’s Plain-English Law Dictionary• Nolo.com (TCLL database)

– Black’s Law Dictionary, 8th edition, 2004– Glossary of Terms

• Massachusetts Trial Court Law Libraries• http://www.lawlib.state.ma.us/index.html

– In left frame click on Search– Link to Law.com Dictionary

• http://dictionary.law.com/Default.aspx

• Enter terms, e.g.– Jurisdiction– Act– Statute– Codify– Ordinance

Government Departments and Agencieshttp://www.usa.gov/Agencies.shtml

• Organized Directory• Federal Government

– Executive Branch– Judicial Branch– Legislative Branch

• State, Local and Tribal Governments

• International Governments

Branches of GovernmentTypes of Law

• Legislative Branch– Public Laws– Statutes at Large – official compilation of the

acts and resolutions passed by Congress– Acts and Resolves or Resolutions– Session Laws (laws in session by year)– Ordinances

Branches of GovernmentTypes of Law

• Executive Branch– President’s Executive Orders

– Governor’s Executive Orders

– Executive Proclamations

– Agency Regulations

– Commission Advisory Opinions

– Regulatory Boards Rules

– Administrative Hearing and Opinion by an Agency

Executive Branch of Government in Massachusetts

• Executive Branch Code of Massachusetts Regulations

• Find by Agency• Find by Citation• Find by Subject• Find by Popular

Name

Branches of GovernmentTypes of Law

• Judicial Branch– http://www.lawlib.state.ma.us/source/federal.html#cases– http://www.lawlib.state.ma.us/source/mass/cases/index.ht

ml– Case Law: decisions, opinions

• Reporters from different courts and online at TCLL• Reported decisions, e.g. U.S. Reports, Massachusetts Reports

(Supreme Judicial Court), Massachusetts Appeals Court Reports, regional reporters, e.g. N.E. 2nd (North Eastern Reporter), West’s Massachusetts Decisions

– Attorney General Opinions in Mass. Register and from TCLL and State Library http://www.lawlib.state.ma.us/2009/05/finding-attorney-general-opinions-and.html

The Three Branches of Government How They Work

• InfoUSA – http://infousa.state.gov

/government/govt_branches.html#jud

Governing Documents

• The U.S. Constitution– http://www.law.cornell.edu/constitution/

• Constitution of The Commonwealth of Massachusetts– http://www.mass.gov/legis/const.htm

City and Town Charters

Legal ReferenceRead a Legal Citation

• A patron was told to look up a specific law and has a citation.

• TCLL site: Click on– Laws by Subject– Mass. Law About– Legal Writing &

Citation

• Tip: know how high the numbers can go

Tip: What about the Numbers?

• The Acts & Resolves are numbered annually as passed, e.g. Chapter 766 of the Acts of 1972.

• The Massachusetts General Laws are in Chapters 1 – 282, e.g. MGL c. 71B

• The Code of Massachusetts Regulations are in titles beginning 100 – 999; followed by a chapter number, followed by a section number, e.g. 603 CMR 28.07

Branches of GovernmentSources of Law

• Legislative Branch – Legislative LawsUnited States Congress

The House and The Senate. Numbered bills filed : in the House begin with HR.

in the Senate begin with S.

Local Governments pass Ordinances and Bylaws

The Legislature of theCommonwealth of Massachusetts is called

The General CourtHouse, No. ; Senate, No.

How A Bill Becomes A Law

• United States Laws– LexisNexis.com– http://www.lexisnexis.com/help/cu/The_Legislative_Process/Ho

w_a_Bill_Becomes_Law.htm

• Commonwealth of Massachusetts– Mass.gov– http://www.mass.gov/legis/lawmkng.htm

Massachusetts Trial Court Law Libraries Services

• Ask a Law Librarian! http://www.lawlib.state.ma.us/libraries/services/ask.html

• Document Delivery – Call or fill out online form– Will e-mail forms, other documents

(as permitted)• Ask a law librarian

– Online chat: Mon-Fri 8:30-4:30; Wed 5-7

– E-mail form– Telephone– Visit a library

• Apply for a library card in person– Most books may be borrowed.– Some databases may be accessed

remotely.

Massachusetts

Legal Referral– Boston Metropolitan Area– Northeastern Massachusetts– Southeastern Massachusetts– Western Massachusetts– Central Massachusetts

• Worcester County Bar Association Lawyer Referral Service

– Statewide• Mass. Bar Association Lawyer Referral Service

Find A Lawyer

• Check a Lawyer’s Disciplinary Record– Mass. Board of Bar Overseers

• http://massbbo.org/bbolookup.php

• Find a Lawyer– Martindale-Hubbell Directory

• http://www.martindale.com/– Massachusetts Legal Referral

• http://www.lawlib.state.ma.us/lawyer/referral.html

• Find Legal Aid• http://www.masslegalservices.org/directory

Represent Yourself

in Court• About the Massachusetts Court System

– http://www.lawlib.state.ma.us/subject/about/courts.html

• Massachusetts Law on Self-Representation– http://www.lawlib.state.ma.us/subject/about/prose.html

• Massachusetts Court Cases– http://www.lawlib.state.ma.us/source/mass/cases/index.html

• Massachusetts Rules of Court– http://www.lawlib.state.ma.us/source/mass/rules/index.html

Judicial System

• Massachusetts Court System– http://www.mass.gov/courts/

• Site Index• Court index with judges names• Resources

– Forms– Law Libraries– Jury Information

• Self-Help Center– http://www.mass.gov/courts/selfhelp/index.html– Probate and Family Court with forms

• Federal Government– http://www.co.burlington.nj.us/gov/federal/judicial/index.htm

Finding “Law About”

• For exact citations, go to Law by Subject

• Click on “Law About…”

• Example: Automobiles– MGL c.90– Motor Vehicle Forms– Consumer Guides– Lemon Laws

Research Guides DefinePrimary and Secondary Sources

• Boston College Law Library. Legal Research Guide #10. Massachusetts Legal Research.

– http://www.bc.edu/schools/law/library/meta-elements/pdf/massachusetts.pdf– This guide provides an overview of the legal research process in Massachusetts.

It focuses on the primary sources: the constitution, statutes, administrative law, case law and court rules, along with the major finding aids for these sources. Secondary sources such as legal encyclopedias, treatises and periodical literature will also be reviewed.

• The Law Library of Congress. Research Help.– http://www.loc.gov/law/help/secondary-rsrcs.php– “Primary sources are statements of the law from a governmental entity such as a

court, legislature, executive agency, president, or governor. Secondary sources offer an analysis, commentary or a restatement of primary law.  Secondary sources are used to help locate and explain primary sources of law.”

MassachusettsPrimary Sources

• Constitution – Constitution of the Commonwealth of

Massachusetts• Laws

– Massachusetts General Laws (MGL)• Updated by pocket parts, Legislative Service or online

– Acts and Resolves, 1692-2008 State Library– Session Laws (New Acts & Resolves)

• Regulations– Code of Massachusetts Regulations (CMR)

• Updated by the Massachusetts Register

More Massachusetts Primary Sources

• Cases– Massachusetts Court Cases

• Supreme Judicial Court (slip opinions)• Appeals Court• Superior Court• Land Court

– Massachusetts Administrative Decisions from Agencies and Commissions

• Attorney General Opinions• Massachusetts Commission Against Discrimination• Board of Registry of Medicine

• Court Rules– Massachusetts Rules of Court

More Massachusetts Primary Sources

• Executive Orders– Massachusetts Executive Orders

• Found in Massachusetts Register and online• Local Ordinances

– Massachusetts City and Town Bylaws or Ordinances• Official updates found in City Clerk’s office

• Historical Documents– Massachusetts Historical Legal Documents

• State Library, City and Town Archives, Digitized Collections online

Finding Local Government Resources

• Click on Laws by Source

• Find Massachusetts Primary Law, then click on “and more”

• Scroll down, click on Local Ordinances for Massachusetts City and Town Bylaws or Ordinances

• A-Z List of Cities and Towns

Finding DocumentsLaws by Source

Secondary Sources

• Journal articles, law reviews• Loose-leaf services

– Lexis Labor and Employment in Massachusetts– MCLE Print and Sound Recordings,

• forms and topics, e.g. Massachusetts Motor Vehicle Law, Divorce Law

• West’s Encyclopedia of American Law• Massachusetts Practice Series (includes forms)• West’s Massachusetts Digest• Massachusetts Lawyers Weekly• Self-Help Legal Series (may include forms)

– Nolo• 101 Forms for Personal Use• Broad spectrum of legal areas

– Sphinx Legal• The Complete Credit Repair Book

– West Nutshell Series• Internet Law in a Nutshell

– Oceana’s Law for the Layperson• Veteran’s Rights and Benefits, 2009

Corporations, Licensing, Permitting, Certification, Registry of Deeds and more in Massachusetts

Secretary of State http://www.sec.state.ma.us/

www.Mass.gov: Click on “For Businesses” tab, then “For Licensees”

Legal Blogs & Podcasts

• Massachusetts Trial Court Blog Updates– http://www.lawlib.state.ma.us/whatsnew.html

• Massachusetts Trial Court Podcast Portal– http://www.lawlib.state.ma.us/subject/

podcasts.html

• Blawg.com : Legal Blogs, Podcasts & News Feeds– http://www.blawg.com/

Consumer Resources at Mass.gov

Click on “For Residents” tab - Consumer

Left frame Attorney General – Consumer Protection

Letters of Complaint Resources at Mass.gov and TCLL

• Attorney General of Mass. File a Consumer Complaint and 30 Day Sample Demand Letter

• For Residents– Housing – Renting

• Filing Consumer Complaints– Health –

• Protection and Patient Rights

• Board of Registration in Medicine– http://www.massmedboard.org/

consumer/– Consumer Information

• Board of Bar Overseers– http://www.mass.gov/obcbbo/

complaint.htm– How to file a complaint

• Mass. Law by Source – Regulations

– 200-299 Offices, Divisions, Commissions & Boards of Registry

– 243 CMR 1:00 Disciplinary Proceedings for Physicians

• Mass. Law About– Consumer Protection Forms– Health Care Proxies and Living Will

Forms, Durable Power of Attorney, Advance Directives

– Landlord/Tenant• Attorney General’ s Guide to

Landlord/Tenant Rights– Eviction Forms– Notice to Quit– Self-help forms and

lettershttp://masslegalhelp.org/housing/self-help-forms

– Lawyers• Practice of Law

Massachusetts Legal FormsFree under Laws by Subject

Forms – Power of Attorney

• Cautionary note – Complicated area– A commonly requested form is for power of attorney.– Forms section in TCLL does not include “Power of

Attorney” which is more accurately described as POWERS of attorney. Which power is the patron wanting to establish? Durable? Limited? Revocable? Financial? Custodial? Real Estate? Motor Vehicle? Health Care Proxy?

– For Massachusetts, see MGL and West’s Massachusetts Practice; TCLL has Health Care Proxy

– http://www.legalhelpmate.com/power-of-attorney.aspx– http://www.aarp.org/family/lifeafterloss/articles/

financial_power_of_attorney.html

Legal Reference Advise the Library Patron

• If asked for the meaning of the law, or to give advice, inform the patron a reference librarian may direct you to sources but not interpret them or offer advice.

• Let the patron know the meaning of the material must be determined by the patron, or the patron should consult with professional legal assistance.

• Do advise the patron that the law can change on a daily basis; therefore statutes, regulations, cases and sources to which the patron is directed or finds may need further research, that there might be more recent legal information to apply to the patron’s situation.

• Offer resources to the patron to find an attorney, check an attorney’s background and experience, find legal aid.

Further Legal Reference Assistance

• Find a public law library– Trial Court Law Libraries

– State Library

– Depository Libraries of Government Documents

• Full depository• Partial depository• Public• University Law School

Libraries

Worcester Law LibrarySuzanne M. Hoey

Head Law Librarian

Worcester Law Library

184 Main Street

Worcester, MA 01608

508-831-2525

fax: 508-754-9933

[email protected]

Cathy Balshone,

Reference Librarian & Consultant

Areas of Specialty: Law, Music, Art

[email protected]