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