Law on the
Frontlines
~
Dealing with Law Questions
from Public Patrons
September 30, 2010
Law on the Frontlines 9.2010
Catherine McGuire, Maryland State Law Library
Joan Bellistri, Anne Arundel County Public Law Library
Class Outline
• What is “the law”?
Where it comes from
Terminology
The court system
• Addressing basic questions
• Primary sources
Maryland Code and Rules
COMAR
Cases
• Secondary sources
Forms
Using the Judiciary’s website
Print materials in your library
People’s Law Library
• Referring out: Law libraries
The AACPLL and the MSLL
Other referrals
How to tell which one to use
Law on the Frontlines 9.2010
What do we mean by
THE
LAW?
Law on the Frontlines 9.2010
Types of Law
Regulations
(Issued by executive
agencies)
Cases
(Decisions from the
courts)
also Rules of
Procedure
Statutes
(Passed by the legislature)
Law on the Frontlines 9.2010
…and don’t forget about the Constitution!
Levels of Law
Legislative Body
Executive /
Regulatory Body
Judicial Body
Law on the Frontlines 9.2010
Federal
State
(Maryland)
U.S. Congress
General
Assembly
Federal
Agencies
Local
● Anne Arundel
County
● Annapolis
City
County or
City Council
State Agencies
None
State Courts
None
Ex: MVA, DLLR
Ex: FDA, EPA
Federal Courts
● Court of
Appeals
● Court of
Special Appeals
Terminology
Glossary at:
www.lawlib.state.md.us/researchtools/glossary.html
Black’s Law Dictionary or other legal dictionary
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
Don’t get
thrown off
by the
vocabulary
– look it
up!
The
Maryland
Court
System
Law on the Frontlines 9.2010
http://www.mdcourts.gov/courts-organization.pdf
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
Law on the Frontlines 9.2010
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
Law on the Frontlines 9.2010
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
Law on the Frontlines 9.2010
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
Law on the Frontlines 9.2010
The Legal Reference Question
• Interpretation vs. Information
Is it legal to…?
Is there a Maryland law about…?
• Process vs. Theory
How 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 Sources
I want the Maryland law on…
I want to know about Maryland law on…
Law on the Frontlines 9.2010
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/tracko
urprogress.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, legislation
Annotated Code of Maryland
 Executive body: regulations, orders
COMAR
 Judicial body: cases, court rules
Maryland Reports, Maryland Appellate Reports,
Maryland Rules
Law on the Frontlines 9.2010
Legislative Law: Maryland Code
There are three official versions:
Print: Lexis (Michie) and West
Online: 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 website
www.mdcourts.gov/lawlib/researchtools/sourcesmdlaw.html
Law on the Frontlines 9.2010
Legislative Law: Maryland Code
• 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
Law on the Frontlines 9.2010
Legislative Law: Maryland Code
• 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 on the Frontlines 9.2010
Law Citations:
Codes & Statutes
Ann. Code Md. Family Law §13-102
Ann. Code Md.
§ = section
Family Law
Article
Annotated Code of Maryland
13
102
Title
Subtitle / Section
The front part can read as any of the following:
Ann. Code Md.
Md. Code Ann.
Md. Code
Law on the Frontlines 9.2010
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. Code
Online: with the Md. Code on the MSLL’s
Sources of Maryland Law web page
Law on the Frontlines 9.2010
Law Citations: Court Rules
Md. Rule 6-301
Md. Rule 6
301
Title
Chapter
Maryland Rules of Procedure
Law on the Frontlines 9.2010
Web Site Review: Sources of Maryland
Law: Current Code & Rules from Lexis/Michie’s
Law on the Frontlines 9.2010
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.
Law on the Frontlines 9.2010
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 on the Frontlines 9.2010
Law Citations:
Anne Arundel County Code
AA Code § 6-1-101
Article
Anne Arundel County Code
Law on the Frontlines 9.2010
Title
Subtitle
Web Site Review:
Anne Arundel County Code
Law on the Frontlines 9.2010
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?
Law on the Frontlines 9.2010
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 Documents
http://www.dsd.state.md.us/
Law on the Frontlines 9.2010
Law Citations: Regulations
COMAR 10.07.03.24
COMAR
10
07
03
24
Chapter
Subtitle
Title
Code of Maryland Regulations
Law on the Frontlines 9.2010
Regulation
Web Site Review:
COMAR via www.dsd.state.md.us
Law on the Frontlines 9.2010
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.
Law on the Frontlines 9.2010
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 on the Frontlines 9.2010
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)
Reporter
Parallel citation
Volume
Parties in the case
Law on the Frontlines 9.2010
Page
Date
Web Site Review: Judiciary
www.mdcourts.gov
Link to
opinions
Search
engine
Law on the Frontlines 9.2010
Web Site Review:
Google Scholar (Advanced Search)
For general results, on the
main Scholar search page
click “Legal opinions and
journals”
Law on the Frontlines 9.2010
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
Law on the Frontlines 9.2010
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.
Law on the Frontlines 9.2010
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)
Law on the Frontlines 9.2010
Forms:
Online
Law on the Frontlines 9.2010
District Court:
garnishment
peace orders
notice of satisfaction
and more
Most forms available at
www.mdcourts.gov/district/dctcivforms.
html
Circuit Court:
family law
guardianship
Forms available at:
www.mdcourts.gov/family/forms/index.
html
for other case types, formats rather
than forms - see the Maryland Rules
Gale Legal Forms
database subscription at AACPL and
MSLL
Maryland Rules contains
some forms
Forms:
In Print
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
Law on the Frontlines 9.2010
Web Site Review: mdcourts.gov
“For
Citizens”
Circuit
Court
District
Court
Law on the Frontlines 9.2010
Court Records
Web Site Review: District Court
Self
Help
Topics
Glen
Burnie
Self
Help
Center
Law on the Frontlines 9.2010
www.mdcourts.gov/district/index.html
Web Site Review: Circuit Court
Law
Library
Family
Law
Clinic
Clerk’s
Office
Contacts
Law on the Frontlines 9.2010
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?
Law on the Frontlines 9.2010
Secondary Sources:
Nolo and Sphinx Publications
Law on the Frontlines 9.2010
Secondary Sources:
People’s Law Library
Note: The new
revised site is
expected soon
Law on the Frontlines 9.2010
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?
Law on the Frontlines 9.2010
Referring Out: Law Libraries
• Anne Arundel County Public Law
Library (AACPLL)
• Maryland State Law Library (MSLL)
What we do
What we have
How to contact us
Law on the Frontlines 9.2010
Anne Arundel County
Public Law Library

Reference assistance

Referrals

Self Help Center

Lawyer in the Law Library Program
Law on the Frontlines 9.2010
Anne Arundel County
Public Law Library
Reference and Referrals
Law on the Frontlines 9.2010
Anne Arundel County
Public Law Library
AACPLL’s Wiki
www.aacpll.pbworks.com
Today’s presentation is available on the wiki at:
aacpll.pbworks.com/Legal-Research-Programs
Law on the Frontlines 9.2010
Anne Arundel County
Public Law Library
Self Help Center
Law on the Frontlines 9.2010
Anne Arundel County
Public Law Library
Ask a
Lawyer in
the Law
Library
Law on the Frontlines 9.2010
Anne Arundel County
Public Law Library
Contact
Information
and Links
Law on the Frontlines 9.2010
• Website:
www.circuitcourt.org/law-librarymainmenu-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: library@circuitcourt.org
Maryland State Law Library
Collections
of Note
Law on the Frontlines 9.2010
• 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)
Maryland State Law Library
Web site:
www.mdcourts.gov/lawlib
Contacting
Us
Phone reference:
410-260-1430
Email reference:
lawlibrary@mdcourts.gov
Law on the Frontlines 9.2010
Chat reference:
On AskUsNow LIVE
Tuesdays and Thursdays
2:00 pm to 4:00 pm
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)
Law on the Frontlines 9.2010
Referrals
Law Libraries
AACPLL: 410-222-1387
http://www.circuitcourt.org/law-library-mainmenu-40
MSLL: 410-260-1430
mdcourts.gov/lawlib
Anne Arundel County Circuit Court Telephone Directory
http://www.circuitcourt.org/telephone-directory-topmenu-53
Government Agencies
Use the Maryland Manual to locate:
www.msa.md.gov/msa/mdmanual/html/mmtoc.html
Non-Profit and Legal Assistance Groups
Anne Arundel County Circuit Court Family Law Self Help Center
http://www.circuitcourt.org/family-law-cases-mainmenu-36/62
AACPLL Ask A Lawyer In The Library
http://www.circuitcourt.org/component/content/article/113
AA District Court
www.courts.state.md.us/district/selfhelpcenter/home.html
Law on the Frontlines 9.2010
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 Library
has very good in-depth material on doing legal research:
www.law.umaryland.edu/marshall/researchguides
Maryland People’s Law Library
also has general information on handling legal research:
www.peoples-law.org/finding/thelaw/looking_for_the_law.htm
Law on the Frontlines 9.2010