Finding the Answers to Legal Questions

Whether for self-representation, to be an informed consumer of legal services, or to learn the U.S. legal system, more people than ever are using the library to obtain legal information and legal research advice. The new edition of Finding the Answers to Legal Questions is a comprehensive guide to help librarians confidently assist users in finding the legal information they need. Newly revised and updated, this timely, clearly organized, and easy-to-use resource is packed with guidance to help librarians answer questions that span the gamut of the law. An ideal book for practicing librarians looking to better serve users' legal needs, as well as for students preparing for careers as librarians, it provides

  • an overview of fundamental legal information, including the basic structure of the U.S. legal system and primary law;
  • how-to instructions for finding primary law in print sources, free websites, and pay-for-view databases;
  • information on how to evaluate the trustworthiness of online and print resources;
  • tips for conducting a legal reference interview;
  • guidance for handling common legal questions, such as lawsuits, family law, landlord-tenant disputes, wills and estate planning, debt, bankruptcy, employment, and criminal law; and
  • advice on how to build a basic legal reference collection.

This book will help librarians connect users to the most accurate, up-to-date legal information.

1100218130
Finding the Answers to Legal Questions

Whether for self-representation, to be an informed consumer of legal services, or to learn the U.S. legal system, more people than ever are using the library to obtain legal information and legal research advice. The new edition of Finding the Answers to Legal Questions is a comprehensive guide to help librarians confidently assist users in finding the legal information they need. Newly revised and updated, this timely, clearly organized, and easy-to-use resource is packed with guidance to help librarians answer questions that span the gamut of the law. An ideal book for practicing librarians looking to better serve users' legal needs, as well as for students preparing for careers as librarians, it provides

  • an overview of fundamental legal information, including the basic structure of the U.S. legal system and primary law;
  • how-to instructions for finding primary law in print sources, free websites, and pay-for-view databases;
  • information on how to evaluate the trustworthiness of online and print resources;
  • tips for conducting a legal reference interview;
  • guidance for handling common legal questions, such as lawsuits, family law, landlord-tenant disputes, wills and estate planning, debt, bankruptcy, employment, and criminal law; and
  • advice on how to build a basic legal reference collection.

This book will help librarians connect users to the most accurate, up-to-date legal information.

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Finding the Answers to Legal Questions

Finding the Answers to Legal Questions

by Virginia M. Tucker, Marc Lampson
Finding the Answers to Legal Questions

Finding the Answers to Legal Questions

by Virginia M. Tucker, Marc Lampson

Paperback(Second Edition)

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Overview

Whether for self-representation, to be an informed consumer of legal services, or to learn the U.S. legal system, more people than ever are using the library to obtain legal information and legal research advice. The new edition of Finding the Answers to Legal Questions is a comprehensive guide to help librarians confidently assist users in finding the legal information they need. Newly revised and updated, this timely, clearly organized, and easy-to-use resource is packed with guidance to help librarians answer questions that span the gamut of the law. An ideal book for practicing librarians looking to better serve users' legal needs, as well as for students preparing for careers as librarians, it provides

  • an overview of fundamental legal information, including the basic structure of the U.S. legal system and primary law;
  • how-to instructions for finding primary law in print sources, free websites, and pay-for-view databases;
  • information on how to evaluate the trustworthiness of online and print resources;
  • tips for conducting a legal reference interview;
  • guidance for handling common legal questions, such as lawsuits, family law, landlord-tenant disputes, wills and estate planning, debt, bankruptcy, employment, and criminal law; and
  • advice on how to build a basic legal reference collection.

This book will help librarians connect users to the most accurate, up-to-date legal information.


Product Details

ISBN-13: 9780838915691
Publisher: American Library Association
Publication date: 07/30/2017
Edition description: Second Edition
Pages: 256
Product dimensions: 7.00(w) x 10.00(h) x 0.60(d)

About the Author

Dr. Virginia M. Tuckeris currently assistant professor at the School of Information at San José State University. She was the County Law Librarian in Bellingham, Washington, for over ten years. Prior to joining the School of Information faculty, she was an information architect and client training manager at Dialog/Thomson (now ProQuest) and the Physics Librarian at Stanford University. Dr. Tucker has a PhD in information systems from Queensland University of Technology, an MLS from the University of California at Berkeley, a BA from Stanford University in music composition, and a paralegal certificate. Virginia received the prestigious Liberty Bell Award in 2010 from her local bar association for her "outstanding work in helping the public gain a better understanding of the law." In 2016, the bar association honored her with the annual award for “Dedication to the Spirit of the Law.” As a volunteer, she has created websites for the Whatcom County Bar Association and LAW Advocates, the local legal aid group. She served for several years on the board of the non-profit Dispute Resolution Center and has taught CLE workshops on legal research in Bellingham and Seattle.


Marc Lampson was admitted to the practice of law in 1985. In addition to his law degree, he holds a Masters of Library and Information Science degree with a specialization in law librarianship from the University of Washington. He has practiced both civil and criminal law on the trial and appellate levels and in both federal and state court. Since 1984, he has also taught law students, library and information science students, paralegals, laypeople, and prisoners "legal research," that is, how to find and analyze legal resources. At the Information School at the University of Washington he has taught Research Methods, Information Behavior, and Information in Social Context. Marc currently is the Public Services Attorney and Reference Librarian at the Public Law Library of King County in Seattle, Washington.

Table of Contents

List of Figures xv

Foreword xvii

Preface xix

Acknowledgments xxiii

Part I Foundation: Legal Information Overview

1 The Structure of the Legal System In the United States 3

Getting Started Finding Legal Information 3

Fifty-One Legal Systems 3

The Rule of Threes 4

Three Types of Primary Law 4

Three Branches of Government 4

Legislatures Enact Statutes 4

Administrative Agencies Promulgate Regulations 6

Courts Make Case Law 6

Three Levels of Courts 7

Trial Courts 7

Intermediate Appellate Courts 9

Final Appellate Courts 11

Conclusion 12

2 Secondary Sources and Practice Materials 13

Secondary Sources Generally 13

Secondary Sources: In Print 14

Legal Encyclopedias 14

Treatises 16

Practice Materials and Forms 16

Loose-Leaf Services 17

American Law Reports 18

Legal Periodicals 18

Restatements 20

Secondary Sources: Pay-for-View Databases 20

Secondary Sources: Free Online Access 21

Conclusion 21

3 Federal Primary Sources 23

General Secondary Sources for Federal Law 23

American Law Reports-Federal 23

Practice and Procedure and Form Books 24

Treatises 25

Free Web Sources for Federal Law 25

Government Sites 26

Educational Institutions' Sites 26

Primary Law: U.S. Constitution 27

Secondary Sources on Constitutional Law 27

General Sources 27

Primary Law: Federal Statutes 29

Pending Legislation 29

Current Statutes 29

Primary Law: Federal Cases 31

United States Supreme Court 33

United States Courts of Appeal (aka "Circuit Courts") 35

United States District Courts 37

Other Federal Courts 38

Primary Law: Regulations (Administrative Law) 40

Print 40

Websites 41

Primary Law: Federal Court Rules 42

Print 43

Websites 43

Conclusion 44

4 State and Local Primary Sources 45

All-in-One Websites 45

State Constitutions 47

State Statutes 48

Statutory Codes 48

State Session Laws 49

Court Decisions Interpreting Statutes 49

State Administrative Law 50

State Regulatory Codes 50

State Regulatory Registers 51

Court Decisions Interpreting Administrative Law 51

State Court Decisions 52

Opinions from Trial Courts or Courts of Limited Jurisdiction 52

Finding State Appellate Court Decisions in Hard Copy 53

Finding State Appellate Court Decisions for Free Online 53

State Court Rules 55

State Executive Materials 56

Other State-Specific Resources 56

Primary Sources: Local Law 57

Primary Sources: Tribal Law and Federal Indian Law 58

Part II Preparation: Understanding Legal Information Needs

5 Legal Research Basics 63

Deciding What Legal Information is Needed 63

The Reference Interview for Legal Information Needs 63

Legal Information versus Legal Advice 66

Techniques for Finding What Is Needed 67

Jurisdiction 67

Secondary Sources 69

Citations: Known Item Searching 69

Keyword and Subject Searching for Case Law 71

Keyword Subject Searching for Statutes and Regulations 74

Building on What Is Found 75

"Pearl Growing": Finding One Good Case, Then More Like It 75

Pay-for-View Services: LexisNexis and Westlaw 75

Updating 78

How Much Is Enough? Who Can Help Me Further? 80

References 81

6 Resources Beyond the Public Library 83

Law Libraries 83

Free Legal Help 85

Alternative Dispute Resolution 86

About Mediation 86

ADR Organizations and Resources 87

Choosing a Lawyer 87

Conclusion 89

Part III Information: Specific Legal Questions

7 Lawsuits 95

Framework for Questions in This Area of Law 95

Getting Started 96

Finding Answers to Frequent Questions 97

Process of a Lawsuit 97

Legal Procedures and Forms 98

Pretrial Stages of a Lawsuit 99

Evidence 100

Trial Process 100

Juries and Jury Instructions 101

Appeals 101

Resources Recap 102

8 Family Law 105

Framework for Questions in This Area of Law 106

Getting Started: A Checklist 106

Finding Answers to Frequent Questions about Relationships 107

Questions about Marriage 107

Questions When Unmarried and Living Together 109

Questions about Divorce 110

Finding Answers to Frequent Questions about Children 113

Questions about Parenting Plans 113

Questions about Child Support 114

Finding Answers to Frequent Questions about Domestic Violence 115

Finding Answers to Frequent Questions about Adoption 116

References 119

Resources Recap 120

9 Landlord-Tenant 123

Framework for Questions in This Area of Law 123

Getting Started 124

Finding Answers to Frequent Questions From Tenants 125

Finding Answers to Frequent Questions from Landlords 128

Epilogue 129

Resources Recap 130

10 Wills, Estate Planning, and Probate 133

Framework for Questions in This Area of Law 134

Getting Started 134

Understanding Key Terms 135

Finding Answers to Frequent Questions 137

Resources Recap 140

11 Debts, Collections, and Credit 143

Framework for Questions in This Area of Law 143

Multistate Matters 144

Matters Involving Contracts 144

Getting Started 144

Debtor: Basic Starting information 145

Creditor: Basic Starting Information 145

Facing Foreclosure 145

Finding Answers: Frequent Questions about Debt Collection 146

Resources Recap 149

12 Bankruptcy 151

Framework for Questions in This Area of Law 152

Federal Law Governs 152

Currency: Be Sure You Have the Most Recent Information 153

Getting Started 154

Finding Answers to Frequent Questions 154

References 156

Resources Recap 156

13 Employment and Unemployment 159

Getting Started 159

Resources Recap 160

Framework for Questions: Employment Discrimination 160

Finding Answers to Frequent Questions about Employment Discrimination 161

Resources in Employment Discrimination 161

Primary Sources: Federal Law of Employment Discrimination 162

Primary Sources: State Statutes in Employment Discrimination 163

Do-It-Yourself Publications in Employment Discrimination 163

Resources Recap 164

Framework for Questions: Unemployment Compensation 165

Finding Answers to Frequent Questions about Unemployment Compensation 165

Resources in Unemployment Compensation 166

Primary Sources: Federal Statutes about Unemployment Compensation 166

Primary Sources: State Statutes about Unemployment Compensation 166

Do-It-Yourself Publications in Unemployment Compensation 167

Resources Recap 167

Framework for Questions: Workers' Compensation 168

Finding Answers to Frequent Questions about Workers' Compensation 168

Resources in Workers' Compensation 169

Primary Sources: Federal Statutes in Workers' Compensation 169

Primary Sources: State Statutes in Workers' Compensation 170

Do-It-Yourself Publications in Workers' Compensation 170

Resources Recap 170

Framework for Other Questions: Employment Law 171

Wages and Hours 171

Wrongful Discharge 171

Workplace Privacy 172

Resources Recap 173

Conclusion 174

14 Criminal Law 175

Framework for Questions in This Area of Law 175

Getting Started 176

Finding Answers to Frequent Questions 177

Rights of the Accused 177

Crimes and Criminal Codes 178

Criminal Procedure 179

Criminal Defenses 180

Resources Recap 181

Part IV Collection: Building a Basic Collection or Website

15 What's Online, What's Not, and When to Use What 185

Primary Law 185

Secondary Source 186

When to Use Print Sources 186

When to Choose Free or Pay-for-View Online Databases 187

Comparing and Combining Print, Free Online, and Pay-for-View Repositories 188

Conclusion 188

16 Evaluating the Trustworthiness of Websites and Self-Help Law Books 191

Jurisdiction 192

Statutes 192

Regulations 192

Case Law 192

Obsolescence 193

Domain 193

.gov 194

.edu 194

.org 194

.com 195

Scope of Coverage 195

Authorship 195

Authority 196

Self Help Law Books 196

Conclusion 197

17 Creating a Library Webpage and Basic Legal Collection 199

Deciding What Your Library Needs 199

Building a Basic Website of Local Legal Links 200

Topical "Clusters" for Your Site 200

Shortcuts: Mega portals and Piggybacking 205

Linking to (and from) Your OPAC 208

Easy Tools for Website Creation 209

Building a Basic Print Collection-On a Shoestring, or No String, Budget 210

Second hand Book Sources 210

Hand-Me-Down Book Sources 211

Do-It-Yourself Book Publishers 211

Final Words 211

Reference 212

Resources Recap 212

Appendixes

A Glossary 213

B Recommended Legal Sources Online 217

Web Go to GetLaw.net for Appendix C, State Law Resources.

About the Authors 223

Index 225

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