Newton Free Library Legal Reference Class Legal Information Literacy Basics in Legal Research: Print and Electronic Resources

Librarians: Limits & Disclaimers “Legal reference does not include interpretation or advice.” “Legal reference does not include interpretation or advice.” “The patron must read, analyze and interpret the material…” “The patron must read, analyze and interpret the material…” “The librarian may direct you to cases, statutes, and sources, but that does not mean those are the only ones that might apply to your situation.” “The librarian may direct you to cases, statutes, and sources, but that does not mean those are the only ones that might apply to your situation.” This class is intended to be a first step for the layman, to begin to learn about legal resources available to the general public. This class is intended to be a first step for the layman, to begin to learn about legal resources available to the general public.

Class Goals  Understand the origins of law  Define sources: primary and secondary.  Concentrate on Massachusetts and local law.  Review selected print resources.  Find legal information online.  Learn about Newton Free Library resources.  Read a legal citation.  Answer the class exercises.

Class Exercises Find a pending bill and a new law Find a pending bill and a new law Find a law by popular name, by text Find a law by popular name, by text Find a regulation Find a regulation Find a case Find a case Find a legal form Find a legal form Find a lawyer; find the lawyer’s rating Find a lawyer; find the lawyer’s rating Find a Newton ordinance Find a Newton ordinance

Understand the Origins of the Law Governing Documents, Branches of Government

Defining Sources of Law: Primary and Secondary The Library of Congress Law Library offers a Research Help Guide at The Library of Congress Law Library offers a Research Help Guide at “The materials used for legal research are “The materials used for legal research are generally divided into two broad categories: primary sources and secondary sources. ” -- Library of Congress Law Library

What are Primary Sources? “Primary sources are statements of the law from a governmental entity such as a court, legislature, executive agency, president, or governor.” –Library of Congress Law Library “Primary sources are statements of the law from a governmental entity such as a court, legislature, executive agency, president, or governor.” –Library of Congress Law Library

What are Secondary Sources? “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. These sources may influence a legal decision but they do not have the controlling or binding authority like the primary sources of law.” –Library of Congress Law Library. “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. These sources may influence a legal decision but they do not have the controlling or binding authority like the primary sources of law.” –Library of Congress Law Library.

Find Legal Information Online Commonwealth of Massachusetts Trial Court Law Libraries Commonwealth of Massachusetts Trial Court Law Libraries Massachusetts QuickFind! Massachusetts QuickFind! Newton Free Library Newton Free Library City of Newton City of Newton

First click on “Reference”

Massachusetts QuickFind! Find Internet Searching in left column. Click below on Massachusetts QuickFind! Scroll topics for Law

Law under Massachusetts QuickFind! Consumer Affairs Courts Forms General Laws Bill Tracking Regulations Public Law Libraries Legal Services

Legal Links in Newton Reference Topics Hover over Reference Click on Databases & Websites Scroll through topics, examples: Consumer Government Law Primary Sources

Newton Free Library CONSUMER Topic Massachusetts Attorney General: Consumer Protection Consumer advisories, regulations, consumer tips & questions, how to file a consumer complaint, and other consumer information organized by topic. Massachusetts Attorney General: Consumer Protection Consumer advisories, regulations, consumer tips & questions, how to file a consumer complaint, and other consumer information organized by topic. Massachusetts Attorney General: Consumer Protection Massachusetts Attorney General: Consumer Protection Massachusetts Office of Consumer Affairs and Regulation Over 20 consumer-related topics from autos to a 30-day demand letter; pamphlets, resources by the Office of Consumer Affairs, federal resources, and other pertinent information. Massachusetts Office of Consumer Affairs and Regulation

Newton Free Library GOVERNMENT Topic Mass.gov The official web site of the Commonwealth of Massachusetts. Here you will find links to all state agencies, local government links for cities and towns, online services, news & updates, and a wide variety of Massachusetts information on everything from tourism to current Mass. lottery numbers. Free website. Mass.gov The official web site of the Commonwealth of Massachusetts. Here you will find links to all state agencies, local government links for cities and towns, online services, news & updates, and a wide variety of Massachusetts information on everything from tourism to current Mass. lottery numbers. Free website. Mass.gov Massachusetts Attorney General Home Page Topics covered include children, civil rights, consumer, elder, employee, health care, insurance and victims rights. Many publications are also available in foreign language translations. Massachusetts Attorney General Home Page Topics covered include children, civil rights, consumer, elder, employee, health care, insurance and victims rights. Many publications are also available in foreign language translations. Massachusetts Attorney General Home Pageforeign language translations Massachusetts Attorney General Home Pageforeign language translations

Newton Free Library LAW Topic Databases Databases LexisNexis Congressional* LexisNexis Congressional* Loislaw (in the library only) Loislaw (in the library only) Key Website Access Key Website Access Massachusetts Trial Court Law Libraries Massachusetts Trial Court Law Libraries Newton City Ordinances and Charter Newton City Ordinances and Charter *Home access available to Newton residents only with a Minuteman library card number beginning 21323

Massachusetts Trial Court Law Libraries

Massachusetts Trial Court Law Libraries Information Section Find information links by headings: Laws by Subject Laws by Subject Laws by Source Laws by Source Databases Databases Library Locations & Services Library Locations & Services Library Catalog Library Catalog Mass. Law Blog Mass. Law Blog

Laws by Subject: Searching Choices Law About Laws by Popular Name Forms for a Legal Topic

Massachusetts Law About

Laws by Popular Name: Homestead Law Homestead Laws – See Law about Homesteads Homesteads MGL c.188MGL c.188 s.1 Traditional homestead law s.1A Elderly and disabled s.2 Manufactured homes Homestead & Bankruptcy MGL c.235, s.34 (cl.14) MGL c.235, s.34 (cl.14) Homestead Forms Selected Case Law Nolo.com online books (requires library card)

Laws by Popular Name Lemon Laws General laws Regulations Cases

Laws by Source General Laws Search by Citation or Full Text Chapter 235, s.34 Homestead exempt from seizure

Federal Legislation Pending Bills Search Legislation Browse Legislation Bill number Resolution number Sponsor or Co-sponsor Status Public Law Number Subject Committee Blogs for Popular Bills

Federal Legislation Using The Library of Congress Thomas

Massachusetts Legislation Pending Bills The 186th General Court The 186th General Court Search House Bill text for Search Senate Bill text for Scroll down for House & Senate dockets and all filed bills

Laws by Source : Jurisdiction and Origin of Law Massachusetts General laws, cases, regulations, court rules, executive orders, local ordinances, historical documents Federal Other States Foreign & International

You Can Also Get a Library Card Get a Library Card Renew a Book Renew a Book Search: a statute, case, legal definition; a database Search: a statute, case, legal definition; a database Ask a Librarian Ask a Librarian Get a Document Get a Document Find a Lawyer: by name, by specialty, or legal aid Find a Lawyer: by name, by specialty, or legal aid

Search the Search Gateway A book or other material to borrow… A book or other material to borrow… A Massachusetts case A Massachusetts case A Massachusetts statute A Massachusetts statute A lawyer A lawyer A legal definition A legal definition Or search the site Or search the site

Search a Database from Your Home or Office Click on Databases Enter library card number HeinOnline: Articles from 1200 journals; US Statutes at Large 1789-date; US Supreme Court Opinions, 1754-date Nolo Law Books: Self-help topics RetrieveLaw: Massachusetts and Federal primary law

Find a Legal Definition Black’s Dictionary of Law, purchase 8 th edition App Store iTunes for iPhone (New in Print 9 th edition, 2009) Law.com Dictionary Nolo.com Glossary

Help with Legal Research Nolo.com’s Glossary and other topical books Legal Research: How to Find and Understand the Law. 14 th edition. Ask A Librarian Regional Reference Document Delivery

Legal Podcasts and Podcasting Legal Guide Nolocast.com Podcasts on topics in plain English. Justia.com Oyez.org US Supreme Court oral arguments.

How to Read a Massachusetts Legal Citation Click on Library Locations & Services Scroll down and click on Reference. Click on “How to Read a Massachusetts Legal Citation”

Examples of Legal Citations

Find a Lawyer Trial Court site left frame: Find a Lawyer How to choose a lawyer Find a lawyer by name or city in Massachusetts Find free or low-cost legal assistance Find a lawyer by specialty Find a lawyer outside of Massachusetts

Check for Disciplinary Action in Massachusetts

Online Legal Portals More sites: Massachusetts Trial Court Law Libraries www/lawlib.state.ma.us Tip: When clicking on a legal topic under Law About at related web links for more information are part of the coverage.

Finding Forms Click on Laws by Subject, then find subheading: Forms Click on Laws by Subject, then find subheading: Forms Massachusetts and Federal Legal Forms will list forms under your topic. Massachusetts and Federal Legal Forms will list forms under your topic. Law About topics also offer related forms. Law About topics also offer related forms. License forms may be found under regulatory Boards and local government. License forms may be found under regulatory Boards and local government. Complaint forms could be state, federal, local or organization. Complaint forms could be state, federal, local or organization.

Forms from Trial Court Site

City of Newton Forms

Consumer Complaint Attorney General Massachusetts

Consumer Complaint with Better Business Bureau

Complaint against a Physician

Complaint against a Lawyer

Find the Governing Documents Constitutions, City & Town Charters Trial Court site: Click on Laws by Source United States Constitution United States Constitution Click on Federal Primary Law, then follow link to U.S. Constitution. Click on Federal Primary Law, then follow link to U.S. Constitution. Commonwealth of Massachusetts Constitution Commonwealth of Massachusetts Constitution Click on Massachusetts Primary Law, then follow link to State Constitution. Click on Massachusetts Primary Law, then follow link to State Constitution. City of Newton Charter City of Newton Charter Click on Massachusetts City and Town Bylaws. Click on Massachusetts City and Town Bylaws. From Newton Free Library Reference go to Law topic, scroll down to Newton City Ordinances and Charter. From Newton Free Library Reference go to Law topic, scroll down to Newton City Ordinances and Charter. From City of Newton site go to Resources link or Aldermen tab to Ordinances. From City of Newton site go to Resources link or Aldermen tab to Ordinances.

Laws by Source

Massachusetts Constitution

United States Constitution

City and Town Ordinances and Bylaws From the Trial Court site: Click on Massachusetts City and Town Bylaws Select your city or town. Select your city or town. From the Newton Free Library site: Click on Reference, then link to the City of Newton site, then click on Resources; for hearings, dockets, reports and actions: link to Aldermen, then click on Board Meetings by year. Click on Reference, then link to the City of Newton site, then click on Resources; for hearings, dockets, reports and actions: link to Aldermen, then click on Board Meetings by year.

City of Newton Charter

The Legislative Branch Massachusetts General Court Trial Court site: Laws by Source Statutes or Session Laws Statutes or Session Laws Acts and Resolves: new chapter numbers each year, as passed, sequentially Acts and Resolves: new chapter numbers each year, as passed, sequentially Code: General laws are codified into subject areas. Code: General laws are codified into subject areas. 288 chapters, updated by amendments 288 chapters, updated by amendments Sources are primary (authoritative) or secondary Sources are primary (authoritative) or secondary Massachusetts General Laws (M.G.L.); authoritative edition from the state Massachusetts General Laws (M.G.L.); authoritative edition from the state Legal publishers’ annotated editions: West & Lexis Legal publishers’ annotated editions: West & Lexis

Types of Print Updating Services Annual Pocket Parts Annual Pocket Parts Semi-annual Cumulative Interim Updates, supplementing pocket parts Semi-annual Cumulative Interim Updates, supplementing pocket parts Periodic Legislative Service pamphlets Periodic Legislative Service pamphlets Bi-monthly Massachusetts Register Bi-monthly Massachusetts Register Daily Slip opinions Daily Slip opinions Periodic Loose-leaf services Periodic Loose-leaf services

Newton’s Massachusetts Legislative Print Sources Acts & Resolves passed by the General Court, (some volumes missing) Acts & Resolves passed by the General Court, (some volumes missing) West’s Massachusetts General Laws Annotated (MGLA) West’s Massachusetts General Laws Annotated (MGLA)

Law by Source

Law by Subject

Sample Cites for Carbon Monoxide Detectors Law Popular Name: Nicole’s Law Popular Name: Nicole’s Law Statutes or Sessions Laws Statutes or Sessions Laws St.2005, c.123 St.2005, c.123 Massachusetts General Laws Codified Massachusetts General Laws Codified MGL c.148, s. 26F 1/2 MGL c.148, s. 26F 1/2 Massachusetts Regulations 527 CMR 31 Massachusetts Regulations 527 CMR 31

Searching Statutes, Session Laws and Massachusetts General Laws

Tracking a Bill Trial Court site: Click on Law by Subject Click on General Legal Click on Massachusetts Legislative Tracking System

Finding Laws Track a bill Track a bill Find a new law in the Acts and Resolves Find a new law in the Acts and Resolves Find a law by Citation Find a law by Citation Find a law by Popular Name Find a law by Popular Name Search the full text of the General Laws Search the full text of the General Laws Trace the legislative history of a law Trace the legislative history of a law

Regulations, Rulings The Executive Branch Trial Court site: Laws by Source Code of Massachusetts Regulations (CMR) Code of Massachusetts Regulations (CMR) CMR Index CMR Index 900 titles 900 titles Massachusetts Register updates the CMR Massachusetts Register updates the CMR Massachusetts Executive Orders (Governor’s) Massachusetts Executive Orders (Governor’s) Attorney-General Opinions Attorney-General Opinions New and emergency regulations New and emergency regulations Agencies, Boards, Commissions Agencies, Boards, Commissions Ex., Medicine, Board of Registration in 243 CMR Ex., Medicine, Board of Registration in 243 CMR Agency and Commission Rulings & Decisions Agency and Commission Rulings & Decisions

Code of Massachusetts Regulations (CMR) Laws by Source CMR Index CMR by Citation FAQs

Finding a CMR Cite Use the Index or Browse Numbers

Court case law originates from The Judicial Branch Trial Court site: Laws by Source Massachusetts Law Massachusetts Law Supreme Judicial Court (SJC) Supreme Judicial Court (SJC) Massachusetts Appeals Massachusetts Appeals Superior Court Superior Court Land Court Land Court

Finding Massachusetts Cases Supreme Judicial Court and Court of Appeals Cases 2001-to date with slip opinions Cases 1915-to date Cases : Early Massachusetts Reports

Newton’s Print Massachusetts Cases Massachusetts Reports Massachusetts Reports Massachusetts Appeals Massachusetts Appeals West’s Massachusetts Decisions West’s Massachusetts Decisions West’s Massachusetts Digest West’s Massachusetts Digest West’s Massachusetts Law Finder West’s Massachusetts Law Finder

Secondary Sources Treatises & Loose-leaf Services West’s Massachusetts Practice Series. Complete series. (pocket parts) West’s Massachusetts Practice Series. Complete series. (pocket parts) Legal topics and forms. Legal topics and forms. Labor and Employment in Massachusetts: A Guide to Employment Laws, Regulations and Practices / Jeffrey L. Hirsch. (loose-leaf) Labor and Employment in Massachusetts: A Guide to Employment Laws, Regulations and Practices / Jeffrey L. Hirsch. (loose-leaf) Legal Planning for the Elderly in Massachusetts / William J. Brisk. (loose-leaf) Legal Planning for the Elderly in Massachusetts / William J. Brisk. (loose-leaf)

Massachusetts Court System Go to: For county, district or probate courts, click on: List of All Divisions and Departments For Supreme Judicial Court or Appeals, click on links provided.

Find a Case Cases about a topic: Law About Cases about a topic: Law About Massachusetts Primary Law – Cases Massachusetts Primary Law – Cases Cases by date Cases by date Cases from Supreme Judicial Court Cases from Supreme Judicial Court Cases from Massachusetts Court of Appeals Cases from Massachusetts Court of Appeals Board, Agency or Commission decisions Board, Agency or Commission decisions Superior Court Superior Court Land Court Land Court

Find Your District Court in The Massachusetts Court System Courts: List of all individual Court Divisions Courts: List of all individual Court Divisions Click on Judge’s Lobby to find the name of your court’s judge. Click on Judge’s Lobby to find the name of your court’s judge. Click on General Information for forms specific to your court. Click on General Information for forms specific to your court.Example Newton District Court Newton District Court Location: 1309 Washington Street, West Newton, MA Location: 1309 Washington Street, West Newton, MA Map Map Judge: Hon. Dyanne J. Klein Judge: Hon. Dyanne J. Klein No specific forms for this court No specific forms for this court

Find Your District Court

Massachusetts Court System Newton Free Library site – Law topic: Scroll down to Massachusetts Court System Court forms Court forms Juror information Juror information Self-help center Self-help center Representing yourself in court Representing yourself in court Probate and Family Court self-help Probate and Family Court self-help District court locations and information District court locations and information

Judicial Branch Dockets, Cases, Opinions Dockets, Cases, Opinions Commonwealth of Massachusetts Commonwealth of Massachusetts West’s Massachusetts Decisions West’s Massachusetts Decisions West’s Massachusetts Digest West’s Massachusetts Digest Court system of the Commonwealth Court system of the Commonwealth

Find Massachusetts Case Law Trial Court site: Go to Laws, Regulations and Cases box Go to Laws, Regulations and Cases box Click on Cases Click on Cases Scroll down to find searching choices: Scroll down to find searching choices: Supreme Judicial Court homepage for opinions from both SJC and Appeals Court. Supreme Judicial Court homepage for opinions from both SJC and Appeals Court. Search Massachusetts cases by citation Search Massachusetts cases by citation Superior Court: click on current year, selected cases Superior Court: click on current year, selected cases Land Court: Mass. Land Court Reporter, current year Land Court: Mass. Land Court Reporter, current year

Massachusetts Legal Print Resources at The Newton Free Library Manual for the Use of the General Court Manual for the Use of the General Court Massachusetts Lawyers Diary & Manual Massachusetts Lawyers Diary & Manual The Legal Pages (Massachusetts Edition) The Legal Pages (Massachusetts Edition) Massachusetts Lawyers’ Weekly Massachusetts Lawyers’ Weekly Acts & Resolves passed by the General Court, (some volumes missing) Acts & Resolves passed by the General Court, (some volumes missing) Massachusetts Legislative Service: updating Acts & Resolves through 2008 Massachusetts Legislative Service: updating Acts & Resolves through 2008 Massachusetts General Laws Annotated (MGLA) (West) Massachusetts General Laws Annotated (MGLA) (West) Massachusetts Law Finder (West) Massachusetts Law Finder (West) Code of Massachusetts Regulations (CMR) Code of Massachusetts Regulations (CMR) Massachusetts Register: CMR bi-weekly updates Massachusetts Register: CMR bi-weekly updates Massachusetts Digest: pocket part updates through 2008 Massachusetts Digest: pocket part updates through 2008 Massachusetts Reports, Massachusetts Reports, Massachusetts Appeals Court Reports, & Massachusetts Appeals Court Reports, & Massachusetts Decisions, v. 1 (1936) - v.891 (2008) (some volumes missing) Massachusetts Decisions, v. 1 (1936) - v.891 (2008) (some volumes missing) Massachusetts Practice Series: complete set Massachusetts Practice Series: complete set

News & Periodicals FindLaw.com Legal News FindLaw.com Legal News Massachusetts Lawyer’s Weekly Massachusetts Lawyer’s Weekly Daily State House News Service Daily State House News Service InfoTrac InfoTrac Internet Legal Resource Guide: Law Journals Internet Legal Resource Guide: Law Journals HeinOnline with a Trial Court Law Library library card HeinOnline with a Trial Court Law Library library card

Self-Help Books & Study Series 1. Individual popular legal topics 2. New editions as laws change 3. State contact information referenced 4. Publishers & Series Nolo and Nolo Online Nolo and Nolo Online Sphinx Sphinx West’s “In a Nutshell” Series West’s “In a Nutshell” Series Oceana’s “Law for the Layperson” Series Oceana’s “Law for the Layperson” Series

Newton Database Subscriptions 1. LexisNexis Congressional* 2. LexisNexis Primary Sources in US History* 3. Loislaw ** * Home Access for Newton residents with Newton-coded Minuteman Library Network card ** Use in Newton Free Library building only

Sample: Homestead Act M.G.L.A.: chapter 188 § 1 M.G.L.A.: chapter 188 § 1 From Massachusetts Trial Court Law Libraries From Massachusetts Trial Court Law Libraries “Law About” “Law About” “Laws by Popular Name” “Laws by Popular Name” Homestead link Homestead link General Court link General Court link Enter 188 under chapter Enter 188 under chapter For 2004 update enter “188 amended” For 2004 update enter “188 amended”

Find: Safe Driver Insurance Plan (SDIP) and Surcharge Appeal Trial site: Click on “Law by Subject” Click on “Law by Subject” Automobile Insurance Automobile Insurance 211 CMR – SDIP 211 CMR – SDIP 211 CMR 88 SDIP Surcharge Appeal 211 CMR 88 SDIP Surcharge Appeal Click on “Law by Popular Name” Click on “Law by Popular Name” Under “S” : “Safe Driver Insurance Plan” Under “S” : “Safe Driver Insurance Plan” Has link back to Surcharge Appeal under Automobile Insurance. Has link back to Surcharge Appeal under Automobile Insurance.

City of Newton Legislative Branch Board of Aldermen Board of Aldermen City of Newton Ordinances City of Newton Ordinances chapters ; updated by amendments 30 chapters ; updated by amendments Code comparative table Code comparative table Check Orders/Actions online Check Orders/Actions online

City of Newton Legal Materials Books Charter & Revised Ordinances Charter & Revised Ordinances Official Source: City Clerk’s Office Official Source: City Clerk’s Office Annotated by hand by the City Clerk Annotated by hand by the City Clerk Alternate Source: City of Newton web site Alternate Source: City of Newton web site Ordinances Ordinances Board Meetings: click on year for dockets, hearings, actions, audio of meetings Board Meetings: click on year for dockets, hearings, actions, audio of meetings Courtesy Source: Newton Free Library Courtesy Source: Newton Free Library

Cases – Neighbors and Trees Trial Court site: Law about Law about Neighbors Neighbors Cases Cases Articles from Nolo.com Articles from Nolo.com Nolo’s Neighbor Law: Fences, Trees, Boundaries, & Noise electronic book available with your Massachusetts Trial Court Law Library card. Apply in person at any of the 17 libraries. Nolo’s Neighbor Law: Fences, Trees, Boundaries, & Noise electronic book available with your Massachusetts Trial Court Law Library card. Apply in person at any of the 17 libraries.

Finding Newton’s Ordinances

Tree Preservation Online copy: Search bar Tree Ordinance Tree Ordinance Print copy: Code Index Trees and Shrubs Trees and Shrubs Permits required for removal 20-32—20-34 Permits required for removal 20-32—20-34 Pruning Pruning Removal of trees, penalties Removal of trees, penalties Tree Preservation Tree Preservation 20-31

Swimming Pools Fences and Lighting Search the print Code Index for Fences - Regulation Chapter 20 section 40 Find different styles of fences and requirements Find out about perimeter fences Find out about fences and swimming pools.

Board of Aldermen Meetings

Now You Can Begin: Find a legal definition; read a legal citation Find a legal definition; read a legal citation Find a lawyer and a lawyer’s rating Find a lawyer and a lawyer’s rating Find a court, a justice, an opinion Find a court, a justice, an opinion Find a legal form, file a complaint Find a legal form, file a complaint Find a Massachusetts law, order, & case Find a Massachusetts law, order, & case Know which print or online sources to use Know which print or online sources to use Find a Newton ordinance & form Find a Newton ordinance & form Find a law library for more resources Find a law library for more resources