Legal Reference for Public Libraries Anne Arundel County
Legal Reference for Public Libraries Anne Arundel County Public Library September 30, 2016 Joan Bellistri Library Director Anne Arundel County Public Law Library 410 -222 -1387 ctbell 00@aacounty. org Catherine Mc. Guire Head of Reference and Outreach Maryland State Law Library 410 -260 -1430 (main ref) catherine. mcguire@mdcourts. gov
Agenda • What can we say? (information vs. advice) • Starting out • Secondary and overview sources • Reference interview tips • Choosing a source • Making progress • What is law? • Primary sources of law • Understanding vocabulary, citation formats, and forms in Maryland • Tying it up • Referrals • Lawyers • Law libraries Legal Reference for Public Libraries September 2016
Information vs. Advice • What is the difference? • Giving advice is telling another person what they should do; it keeps the decision-making in OUR hands • Giving information lets the person know what possibilities are out there; it puts the decision-making in THEIR hands • Why does it matter? • Advice requires careful analysis of the law as it applies to a person’s specific situation • Advice may affect the rights and responsibilities of the patron Legal Reference for Public Libraries September 2016
Information vs. Advice What librarians can do • Help…you find information that will help you read about and better understand your legal problem and options • Demonstrate…how to use those information sources • Educate…you about alternative locations for information or assistance • Suggest…that you visit a court library, where a broader range of resources may be available • Direct…you to legal professionals or legal services providers who are equipped to offer interpretation and advice Legal Reference for Public Libraries September 2016
Information vs. Advice What librarians can’t do • Tell you what a law means • Tell you what choice to make between two or more options • Give you an opinion about your situation or whether you should do something • Tell you what the outcome of your court date might be • Tell you if a court decision is relevant to your case • Tell you what to write in a form or document • Tell you which lawyer to go to Legal Reference for Public Libraries September 2016
Part I: Starting Out • Best starting places • Reference interview tips • Evaluating online materials about law Legal Reference for Public Libraries September 2016
STARTING OUT Best Starting Places • Why start with secondary sources? • Overview, analysis, discussion of area of law • Sometimes there is no definitive law Legal Reference for Public Libraries September 2016
STARTING OUT Maryland Public Library Toolkit www. lawlib. state. md. us/audiences/publiclibrarytoolkit. html Legal Reference for Public Libraries September 2016
STARTING OUT Maryland People’s Law Library www. peoples-law. org Legal Reference for Public Libraries September 2016
STARTING OUT Maryland People’s Law Library { Connect with a person Legal Reference for Public Libraries September 2016
Understand the law: procedure STARTING OUT Maryland People’s Law Library Legal Reference for Public Libraries September 2016
STARTING OUT Maryland People’s Law Library Understand the law: by topic Legal Reference for Public Libraries September 2016
STARTING OUT Beyond the PLL § Maryland Judiciary web-based materials § Texts and treatises § Self-help materials Legal Reference for Public Libraries September 2016
Maryland Judiciary Materials mdcourts. gov • Learn About links • Maryland Law Help app • Publications • Legal Help: • Court Self-Help Centers • Self-Help videos Legal Reference for Public Libraries September 2016
STARTING OUT Treatises (Texts) Search a law library catalog for texts with your terms Check the catalogs of the nearest public law library http: //www. lawlib. state. md. us/researchtools/otherlibraries. html The directory contains links to catalogs, where a library has one available Legal Reference for Public Libraries September 2016
STARTING OUT Self-Help Texts • Nolo. com • Sphinx Publishers • and many more… Legal Reference for Public Libraries September 2016
STARTING OUT Legal Reference Interview • Similar to a standard reference interview: • Listen well • Keep an open mind • Ask questions to get more information • Different because: • You are providing a response, not an answer • Offer resources • Demonstrate how to use them • Remember to: • Start with what you CAN do, not with what you CAN’T Legal Reference for Public Libraries September 2016
Rephrasing the question Question: Is it legal for me to leave my daughter at home alone? She’s seven. Rephrase: Does the law say anything about the age a child can be left alone? Question: My ex-wife won’t let me see our son, and she wants to move with him to California. How do I stop her? Rephrase: I need information about custody and visitation rights. Question: I want to file a small claims case. I live in Maryland, but the company I’m suing is in Virginia. Where do I file? Rephrase: I’d like information on filing a small claims case for Maryland for Virginia. Question: I recently ended a lease and my landlord gave back my security deposit. Now he says there’s damage and I need to pay him back some of the deposit. Can he do that? Rephrase: What does the law say about security deposit returns? Legal Reference for Public Libraries September 2016
Reference Interview Things to find out • What are they asking for? • • Services – assistance in dealing with law or government Legal assistance – needs someone who can provide interpretive guidance Information – discussion about the law or area of interest Law itself – text of a statute, regulation, case • Put the question in context: • Is it most likely federal, state, or local? • Is it most likely a court matter, a legislative matter, or a government agency matter? • If it’s a court case - • Civil or criminal? • What court are they in? • Has the case started already? Legal Resources for Public Library Reference Maryland State Law Library, August 2016
STARTING OUT Evaluating Legal Information on the Web • Authority Who is responsible for the content? • Objectivity Is there a bias present that could impact the reliability? • Accuracy Does the source provide citations so you can verify the information? • Coverage Does the source include the appropriate timeframe for your need? • Timeliness When was the information written? When was it last updated or reviewed? Legal Reference for Public Libraries September 2016
Part II: Making Progress • Understanding what law is • Primary sources of law • Understanding the vocabulary and citation formats • Finding “forms” in Maryland Legal Reference for Public Libraries September 2016
MAKING PROGRESS What is law? Law is… Language passed by government bodies that holds force over all parties in a particular jurisdiction Law comes in many formats and from multiple sources Legal Reference for Public Libraries September 2016
Sources of law Primary Sources LAW Secondary Sources • • Hold force of Law Created by government body Basis for legal arguments Cited in legal filings • Describe, analyze, discuss • Used to help understand meaning or application • Rarely cited in a legal filing Constitution Statutes Codes Cases Regulations Rules • • • Legal encyclopedias Treatises Textbooks Law journals Web sites Databases Legal Reference for Public Libraries September 2016
MAKING PROGRESS Putting law in context Government law-making bodies Federal State Local Executive Legislature Regulations Judiciary Statutes Cases, Rules Also: Community By-Laws Constitution Legal Reference for Public Libraries September 2016
MAKING PROGRESS Three branches and the law they make LEGISLATURE EXECUTIVE JUDICIARY Congress General Assembly County Council President Governor executive agencies Courts (appellate, trial) Statutory Law Regulatory Law Administrative Law Case Law Statutes (aka Acts, Session Laws, Ordinances) Maryland Code Regulations Executive Orders COMAR CONSTITUTION Cases, aka opinions Rules of Procedure Maryland Reports Maryland Appellate Reports Maryland Rules Legal Reference for Public Libraries September 2016
MAKING PROGRESS Maryland Courts: the “need to know” • Maryland has two trial courts and two appellate courts • • District Court Circuit Court of Special Appeals Court of Appeals • Other State courts and judicial entities: For more detailed information about the Maryland court system, see: www. mdcourts. gov/courts/about. html For more detailed information about the Federal court system, see: www. uscourts. gov/Federal. Courts. aspx • Orphans’ Court • Office of Administrative Hearings and other state agencies with adjudicatory powers (example: MVA) • Federal Courts • District, Appellate, Supreme, Bankruptcy, and specialized courts Legal Reference for Public Libraries September 2016
MAKING PROGRESS The importance of vocabulary Best online source dictionaries: General: www. law. cornell. edu/wex www. nolo. com/dictionary Jurisdiction-specific: www. mdcourts. gov/reference/glossary. html www. uscourts. gov/Common/Glossary. aspx Legal Reference for Public Libraries September 2016
MAKING PROGRESS Recognizing citation formats • Common Maryland legal citations www. lawlib. state. md. us/researchtools/guides/legalcitations. pdf • A comprehensive citation manual: www. law. cornell. edu/citation/ Ann. Code Md. , Est. & Trusts § 2 -102 Md Code, Family Law § 1 -201 214 Md. 160 08. 02. 04. 11 Md. Rule 4 -103 Legal Reference for Public Libraries September 2016
SOURCES OF LAW Maryland Law www. lawlib. state. md. us/researchtools/sourcesmdlaw. html Legal Reference for Public Libraries September 2016
SOURCES OF LAW Maryland Code & Rules In print: • Lexis (Michie) • West Online: • Free via MSLL website • Fee-based from Lexis, Westlaw Legal Reference for Public Libraries September 2016
SOURCES OF LAW Maryland Code & Rules via the Web Effective Date Text History Currentness Legal Reference for Public Libraries September 2016
SOURCES OF LAW Maryland Regulations (COMAR) www. dsd. state. md. us or via the MSLL Gateway page Legal Reference for Public Libraries September 2016
SOURCES OF LAW Case Law scholar. google. com Legal Reference for Public Libraries September 2016
Forms • The business of law is transacted by forms • Almost every legal action starts with a form: • • File a complaint Make a motion File for divorce Request an appeal Make a contract Transfer property Form a corporation Legal Reference for Public Libraries September 2016
What to know about forms • Many actions in Maryland courts do not have standard fill-in forms • Formatting is guided by the Maryland Rules For available official forms, see mdcourts. gov website • Forms are available for: • District Court: most actions • Circuit Court: family law matters (divorce, child support) and guardianship • Forms Finder on mdcourts. gov • Specific formatting is available for: • Power of Attorney: by statute, Md Code, Estates & Trusts, Title 17 • Forms books, of all kinds, are found in law libraries Legal Reference for Public Libraries September 2016
Types of Forms • Some forms are standardized by the courts or by statute • Some are more unrestricted or fluid – flexible to accommodate many possibilities • Some forms are filed with a court • Some are not Standardized Unrestricted Filed with the Court Not filed with the Court Legal Reference for Public Libraries September 2016
Standardized Forms Filed in Court Most District Court Forms Most Family Law Forms Bankruptcy Not Filed in Court Power of Attorney Legal Reference for Public Libraries September 2016
Unrestricted Forms Filed in Court Motions Complex Complaints Not Filed in Court Wills Contracts Leases Legal Reference for Public Libraries September 2016
Finding Forms • Start with the Judiciary’s website, mdcourts. gov/courtforms • Look forms books • General (very large set) – most likely in law libraries • Specific to your jurisdiction (i. e. , Maryland) – most likely in law libraries • By type of law (civil / criminal) or subject (like Family) – these may be found as part of topical law texts or self-help books Legal Reference for Public Libraries September 2016
Part III: Tying It Up • Referrals • Lawyers • Law libraries • Resource list Legal Reference for Public Libraries September 2016
Referrals • Why use a referral rather than trying to find an answer? • Link the person with a need to the resource that best fills that need • What sort of referrals are there? • • • Government agencies Social services Law libraries Legal clinics Self-help centers Lawyers Legal Reference for Public Libraries September 2016
Referrals Why should someone talk to a lawyer? • Ability to analyze legal situations for possibilities • Ability to identify options, if more than one, and offer an opinion as to the merits of each • Experience with the issues at hand Finding a lawyer: Local bar association’s Lawyer Referral Service www. msba. org/public/lawyer-referral. aspx For a lawyer, generally: www. martindale. com Legal Reference for Public Libraries September 2016
Referrals People’s Law Library Legal Reference for Public Libraries September 2016
Referrals Law Libraries • Where are they? • All over! • www. lawlib. state. md. us/researchtools/otherlibraries. html • What are their policies? • Most are non-circulating, but if staffed can provide document delivery • Individual policies vary; check with the specific library • What do they have that you don’t? • Wide variety of print materials on State and Federal law • Free access to Westlaw or Lexis, sometimes additional databases • Trained and experienced staff • Understanding of the court system and legal resources of all kinds • How do we use them? • Call them – visit them – email them – refer your patrons to them! Legal Reference for Public Libraries September 2016
Anne Arundel County Public Law Library Circuit Court for Anne Arundel County Suite 303 8 Church Circle Annapolis, MD 21401 Phone: 410 -222 -1387 lawlibrary@circuitcourt. org Hours: Monday through Friday 9: 00 a. m. to 4: 30 p. m. Maryland State Law Library 361 Rowe Blvd. Annapolis, MD. 21401 Phone: 410. 260. 1430 | Fax 410. 260. 1572 lawlibrary@mdcourts. gov Hours: M, W, F 8 AM - 4: 30 PM | Tu, Th 8 AM - 9 PM | Sat 9 AM - 4 PM
Resources for Anne Arundel County Public Librarians @ http: //aacpll. pbworks. com Legal Reference for Public Libraries September 2016
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