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Legal Reference for Public Libraries Anne Arundel County Public Library September 30, 2016
Joan Bellistri Library Director Anne Arundel County Public Law Library Catherine McGuire Head of Reference and Outreach Maryland State Law Library (main ref)
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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
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Information vs. Advice What is the difference? Why does it matter?
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
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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
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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
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Part I: Starting Out Best starting places Reference interview tips
Evaluating online materials about law Legal Reference for Public Libraries September 2016
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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
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STARTING OUT Maryland Public Library Toolkit
Legal Reference for Public Libraries September 2016
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STARTING OUT Maryland People’s Law Library
Legal Reference for Public Libraries September 2016
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STARTING OUT Maryland People’s Law Library
{ Connect with a person Legal Reference for Public Libraries September 2016
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Understand the law: procedure
STARTING OUT Maryland People’s Law Library Legal Reference for Public Libraries September 2016
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Understand the law: by topic
STARTING OUT Maryland People’s Law Library Understand the law: by topic Legal Reference for Public Libraries September 2016
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STARTING OUT Beyond the PLL
Maryland Judiciary web-based materials Texts and treatises Self-help materials Legal Reference for Public Libraries September 2016
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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
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STARTING OUT Treatises (Texts)
Search a law library catalog for texts with your terms Check the catalogs of the nearest public law library The directory contains links to catalogs, where a library has one available Legal Reference for Public Libraries September 2016
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STARTING OUT Self-Help Texts
Nolo.com Sphinx Publishers and many more… Legal Reference for Public Libraries September 2016
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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
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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 and 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
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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
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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
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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
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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
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Sources of law Constitution Statutes Codes Cases Regulations Rules
Primary Sources LAW Hold force of Law Created by government body Basis for legal arguments Cited in legal filings Secondary Sources 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
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MAKING PROGRESS Putting law in context Government law-making bodies
Federal State Local Executive Regulations Legislature Statutes Judiciary Cases, Rules Also: Community By-Laws Constitution Legal Reference for Public Libraries September 2016
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MAKING PROGRESS Three branches and the law they make
LEGISLATURE Congress General Assembly County Council Statutory Law Statutes (aka Acts, Session Laws, Ordinances) EXECUTIVE President Governor executive agencies Regulatory Law Administrative Law Regulations Executive Orders JUDICIARY Courts (appellate, trial) Case Law Cases, aka opinions Rules of Procedure CONSTITUTION Maryland Reports Maryland Appellate Reports Maryland Rules Maryland Code COMAR Legal Reference for Public Libraries September 2016
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MAKING PROGRESS Maryland Courts: the “need to know”
Maryland has two trial courts and two appellate courts District Court Circuit Court Court of Special Appeals Court of Appeals Other State courts and judicial entities: Orphans’ Court Office of Administrative Hearings and other state agencies with adjudicatory powers (example: MVA) Federal Courts District, Appellate, Supreme, Bankruptcy, and specialized courts For more detailed information about the Maryland court system, see: For more detailed information about the Federal court system, see: Legal Reference for Public Libraries September 2016
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MAKING PROGRESS The importance of vocabulary
Best online source dictionaries: General: Jurisdiction-specific: Legal Reference for Public Libraries September 2016
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MAKING PROGRESS Recognizing citation formats
Common Maryland legal citations A comprehensive citation manual: Ann. Code Md., Est. & Trusts § 2-102 Md Code, Family Law § 1-201 214 Md. 160 Md. Rule 4-103 Legal Reference for Public Libraries September 2016
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SOURCES OF LAW Maryland Law
Legal Reference for Public Libraries September 2016
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Fee-based from Lexis, Westlaw
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
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SOURCES OF LAW Maryland Code & Rules via the Web
Effective Date Text History Currentness Legal Reference for Public Libraries September 2016
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SOURCES OF LAW Maryland Regulations (COMAR)
or via the MSLL Gateway page Legal Reference for Public Libraries September 2016
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scholar.google.com SOURCES OF LAW Case Law
Legal Reference for Public Libraries September 2016
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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
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What to know about forms
Many actions in Maryland courts do not have standard fill-in forms Formatting is guided by the Maryland Rules 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 For available official forms, see mdcourts.gov website Legal Reference for Public Libraries September 2016
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Not filed with the Court
Types of Forms Standardized Unrestricted Filed with the Court Not filed with the Court 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 Legal Reference for Public Libraries September 2016
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Most District Court Forms
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
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Wills Unrestricted Forms Motions Leases Contracts Complex Complaints
Filed in Court Motions Complex Complaints Not Filed in Court Wills Contracts Leases Legal Reference for Public Libraries September 2016
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Finding Forms Start with the Judiciary’s website, mdcourts.gov/courtforms Look for 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
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Part III: Tying It Up Referrals Lawyers Law libraries Resource list
Legal Reference for Public Libraries September 2016
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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
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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 For a lawyer, generally: Legal Reference for Public Libraries September 2016
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Referrals People’s Law Library
Legal Reference for Public Libraries September 2016
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Referrals Law Libraries
Where are they? All over! 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 – them – refer your patrons to them! Legal Reference for Public Libraries September 2016
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Anne Arundel County Public Law Library
Circuit Court for Anne Arundel County Suite Church Circle Annapolis, MD 21401 Phone: Hours: Monday through Friday 9:00 a.m. to 4:30 p.m. Maryland State Law Library 361 Rowe Blvd. Annapolis, MD Phone: | Fax Hours: M,W,F 8AM - 4:30PM | Tu,Th 8AM - 9PM | Sat 9AM - 4PM
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Resources for Anne Arundel County Public Librarians
@ Legal Reference for Public Libraries September 2016
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