Law on the Frontlines 9.2010 Law on the Frontlines Catherine McGuire, Maryland State Law Library...

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


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


What do we mean by

THE

LAW?


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!


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


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


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


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


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


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


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)


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


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



• 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



• 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 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


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 Citations: Court Rules

Md. Rule 6 301

Maryland Rules of Procedure

Title Chapter

Md. Rule 6-301


Web Site Review: Sources of Maryland Law: Current Code & Rules from Lexis/Michie’s

www.lawlib.state.md.us/researchtools/sourcesmdlaw.html


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.


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 Citations: Anne Arundel County Code

AA Code § 6-1-101

Anne Arundel County Code

Article Title Subtitle


Web Site Review: Anne Arundel County Code

www.aacounty.org/CountyCode


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?


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 Citations: Regulations

COMAR 10.07.03.24

COMAR 10 07 03 24

Code of Maryland Regulations

Title

Subtitle

ChapterRegulation


Web Site Review:COMAR via www.dsd.state.md.us


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.


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 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


Web Site Review: Judiciarywww.mdcourts.gov

Link to opinions

Search engine


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


Web Site Review: Google Scholar (Advanced Search)

Can search ALL federal and state; ALL federal; OR a specific or multiple states


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.


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)


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


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


Web Site Review: mdcourts.gov

“For Citizens”

Circuit Court

District Court

Court Records


Web Site Review: District Court

Self Help

Topics

Glen Burnie

Self Help

Center

www.mdcourts.gov/district/index.html


Web Site Review: Circuit Court

Family Law Clinic

Law Library

Clerk’s Office Contacts

www.circuitcourt.org


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?


Secondary Sources: Nolo and Sphinx Publications


Secondary Sources: People’s Law Library

Note: The new revised site is expected soon

www.peoples-law.info


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?


Referring Out: Law Libraries

• Anne Arundel County Public Law Library (AACPLL)

• Maryland State Law Library (MSLL)

What we doWhat we haveHow to contact us


Anne Arundel CountyPublic Law Library

Reference assistance

Referrals

Self Help Center

Lawyer in the Law Library Program



Reference and Referrals



AACPLL’s Wiki

www.aacpll.pbworks.com

Today’s presentation is available on the wiki at:aacpll.pbworks.com/Legal-Research-Programs



Self Help Center



Ask a Lawyer in the 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: [email protected]

Contact Information and Links


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


Maryland State Law LibraryWeb site:

www.mdcourts.gov/lawlib

Phone reference:410-260-1430

Email reference:[email protected]

Chat reference:On AskUsNow LIVETuesdays and Thursdays2:00 pm to 4:00 pm

Contacting Us


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)


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


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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