law libraries and legal research for public librarians

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Law Libraries and Law Libraries and Legal Research for Legal Research for Public Librarians Public Librarians An introduction to your An introduction to your local public law library local public law library and What Goes On There and What Goes On There

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Law Libraries and Legal Research for Public Librarians. An introduction to your local public law library and What Goes On There. Introducing…Law Library Staff. Chrystal Seager, Law Library Assistant 12-year Hillsboro Public Library Circulation Clerk veteran - PowerPoint PPT Presentation

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Page 1: Law Libraries and Legal Research for Public Librarians

Law Libraries and Legal Law Libraries and Legal Research for Public Research for Public

LibrariansLibrarians

An introduction to your local An introduction to your local public law library and What public law library and What

Goes On ThereGoes On There

Page 2: Law Libraries and Legal Research for Public Librarians

Introducing…Law Library Introducing…Law Library StaffStaff

Chrystal Seager, Law Library Chrystal Seager, Law Library AssistantAssistant 12-year Hillsboro Public Library 12-year Hillsboro Public Library

Circulation Clerk veteranCirculation Clerk veteran University of Washington MLIS ready-to-University of Washington MLIS ready-to-

graduate studentgraduate student Laura Orr, Law LibrarianLaura Orr, Law Librarian Holly Gerber, Assistant Law LibrarianHolly Gerber, Assistant Law Librarian

Page 3: Law Libraries and Legal Research for Public Librarians

Most common legal question? Most common legal question?

Or, most interesting? Or, most interesting?

Page 4: Law Libraries and Legal Research for Public Librarians

Workshop ObjectivesWorkshop Objectives

Learn about your Learn about your local public law local public law library’s resources library’s resources and servicesand services

Learn about the Learn about the basic legal basic legal research processresearch process

Page 5: Law Libraries and Legal Research for Public Librarians

Washington County Law Washington County Law LibraryLibrary

Where we are: downtown HillsboroWhere we are: downtown Hillsboro Our website: Our website: http://http://

www.co.washington.or.us/LawLibrarywww.co.washington.or.us/LawLibrary// The Oregon Council of County Law The Oregon Council of County Law

Libraries (OCCLL) Libraries (OCCLL) http://http://occll.orgoccll.org// Funding through court filing feesFunding through court filing fees Current legislative bills being discussed Current legislative bills being discussed

that affects court filing fee structures and that affects court filing fee structures and county law library establishing statutescounty law library establishing statutes

Page 6: Law Libraries and Legal Research for Public Librarians

Unauthorized Practice of Unauthorized Practice of LawLaw

It is against state law for library staff It is against state law for library staff members to engage in any conduct that members to engage in any conduct that might constitute the unauthorized practice might constitute the unauthorized practice of law (ORS 9.160 to ORS 9.166). They may of law (ORS 9.160 to ORS 9.166). They may not interpret statutes, cases and not interpret statutes, cases and regulations, perform legal research, or regulations, perform legal research, or advise patrons regarding their legal rights. advise patrons regarding their legal rights. They may, however, assist patrons in They may, however, assist patrons in locating materials or links that would aid in locating materials or links that would aid in individual research.individual research.

Page 7: Law Libraries and Legal Research for Public Librarians

Common MisconceptionsCommon Misconceptions

Law Library employees Law Library employees can give legal advicecan give legal advice

The fabled Fill in the The fabled Fill in the Blank FormBlank Form

““My legal question has a My legal question has a simple, straightforward simple, straightforward answer that I can find answer that I can find 10 minutes before my 10 minutes before my court date.”court date.”

Page 8: Law Libraries and Legal Research for Public Librarians

Washington County Law Washington County Law Library ServicesLibrary Services

We serve attorneys, pro se litigants, We serve attorneys, pro se litigants, and other members of the public with and other members of the public with legal questionslegal questions

Attorneys: continuing education & Attorneys: continuing education & researchresearch

Handling pro se legal reference Handling pro se legal reference questions: a delicate actquestions: a delicate act

Overview of resourcesOverview of resources

Page 9: Law Libraries and Legal Research for Public Librarians

Washington County Law Washington County Law Library: Selected ResourcesLibrary: Selected Resources

Continuing Legal Education materials: Continuing Legal Education materials: current and expiredcurrent and expired

Oregon State Bar deskbooksOregon State Bar deskbooks Online subscription database research: Online subscription database research:

Westlaw, HeinOnline, and Shepard’s Westlaw, HeinOnline, and Shepard’s OnlineOnline

Legislative History: Session Laws, House Legislative History: Session Laws, House and Senate Journals, Committee Minutes and Senate Journals, Committee Minutes and Exhibits, etc.and Exhibits, etc.

Page 10: Law Libraries and Legal Research for Public Librarians

Washington County Law Washington County Law Library: Selected Resources IILibrary: Selected Resources II

Digital Briefs collectionDigital Briefs collection Law Library website: Law Library website:

http://www.co.washington.or.us/LawLibrary/http://www.co.washington.or.us/LawLibrary/ Oregon Legal Research blog: Oregon Legal Research blog:

http://oregonlegalresearch.blogspot.com/http://oregonlegalresearch.blogspot.com/ Portland Metro Area Legal ServicesPortland Metro Area Legal Services ““Biz” resource cardsBiz” resource cards Other library services: copy, fax, Other library services: copy, fax,

conference room, Oregon Notary Publicconference room, Oregon Notary Public

Page 11: Law Libraries and Legal Research for Public Librarians

Examples: Examples: Frequently Asked QuestionsFrequently Asked Questions

Page 12: Law Libraries and Legal Research for Public Librarians

Family LawFamily Law

““I got served papers for the I got served papers for the disillusionment of my marriage. How disillusionment of my marriage. How do I respond? Am I responding to the do I respond? Am I responding to the marriage or custody issues?”marriage or custody issues?” Family Law Coordinator's OfficeFamily Law Coordinator's Office Legal Aid Services of Oregon publicationsLegal Aid Services of Oregon publications St. Andrew Legal ClinicSt. Andrew Legal Clinic OSB Public InformationOSB Public Information OSB Deskbooks: Family LawOSB Deskbooks: Family Law

Page 13: Law Libraries and Legal Research for Public Librarians

Landlord/Tenant LawLandlord/Tenant Law

““We need to evict our son. What do we We need to evict our son. What do we have to do and what can we do with his have to do and what can we do with his belongings?”belongings?” Landlord/Tenant Rights in OregonLandlord/Tenant Rights in Oregon by Janay Ann by Janay Ann

HaasHaas Handbook for Oregon LandlordsHandbook for Oregon Landlords – Stevens-Ness – Stevens-Ness

publicationpublication Legal Aid Services of Oregon Landlord/Tenant Legal Aid Services of Oregon Landlord/Tenant

publication and Legal Aid’s Tenant Hotline (biz card)publication and Legal Aid’s Tenant Hotline (biz card) Community Alliance of Tenants: Renter’s Rights Community Alliance of Tenants: Renter’s Rights

Hotline Hotline OSB Public InformationOSB Public Information Continuing Legal Education materialsContinuing Legal Education materials

Page 14: Law Libraries and Legal Research for Public Librarians

Oregon Civil Procedure: Going Oregon Civil Procedure: Going to Courtto Court

““How can I find motions (preferable How can I find motions (preferable for Wash. Co. Circuit Court) for ORCP for Wash. Co. Circuit Court) for ORCP 21?”21?” Oregon Rules of Civil ProcedureOregon Rules of Civil Procedure and other and other

relevant court rulesrelevant court rules OSB deskbooks: Oregon Civil Pleading and OSB deskbooks: Oregon Civil Pleading and

Practice; Oregon Civil Litigation ManualPractice; Oregon Civil Litigation Manual Continuing Legal Education publications on Continuing Legal Education publications on

civil trial procedurecivil trial procedure How to Prepare for Your Civil TrialHow to Prepare for Your Civil Trial Lawyer Referral ServicesLawyer Referral Services

Page 15: Law Libraries and Legal Research for Public Librarians

Legislative HistoryLegislative History

““When did ORCP 55(e) come into When did ORCP 55(e) come into existence? Was it passed after 1956?”existence? Was it passed after 1956?” Legislative History ChecklistLegislative History Checklist Oregon Revised StatutesOregon Revised Statutes Oregon Laws, House & Senate Journals, Committee Oregon Laws, House & Senate Journals, Committee

Minutes and ExhibitsMinutes and Exhibits Oregon Secretary of State Archives DivisionOregon Secretary of State Archives Division – –

legislative records legislative records Oregon State LegislatureOregon State Legislature – search for bills and laws – search for bills and laws

Page 16: Law Libraries and Legal Research for Public Librarians

Brief Overview of Legal Brief Overview of Legal Research Resources and Research Resources and

ProcessProcess

Page 17: Law Libraries and Legal Research for Public Librarians

Legal Resources: Primary Legal Resources: Primary MaterialsMaterials

Produced by one of the three (or Produced by one of the three (or four!) branches of governmentfour!) branches of government

Legislative: statutes, ordinances Legislative: statutes, ordinances Judicial: cases/opinions (reporters)Judicial: cases/opinions (reporters) Executive: constitutions (ORS ch. 17)Executive: constitutions (ORS ch. 17) Administrative: rules and ordersAdministrative: rules and orders

Page 18: Law Libraries and Legal Research for Public Librarians

Legal Resources: Secondary Legal Resources: Secondary MaterialsMaterials

Two major publishers: Thomson-Two major publishers: Thomson-Reuters (Westlaw and West Reuters (Westlaw and West Publishing), Reed-Elsevier Publishing), Reed-Elsevier (LexisNexis/Matthew Bender)(LexisNexis/Matthew Bender)

Treatises and practice booksTreatises and practice books Legal encyclopediasLegal encyclopedias Law reviews and journalsLaw reviews and journals Digests and annotated materials Digests and annotated materials

(finding tools)(finding tools)

Page 19: Law Libraries and Legal Research for Public Librarians

Updating MaterialsUpdating Materials

Citators Citators (Shepard’s, (Shepard’s, KeyCite)KeyCite)

Pocket Parts (print Pocket Parts (print only)only)

Good law, bad lawGood law, bad law

Page 20: Law Libraries and Legal Research for Public Librarians

Legal Research ProcessLegal Research Process

Generate a list of search termsGenerate a list of search terms Check secondary sources and practice aidsCheck secondary sources and practice aids Find the relevant constitutional provisions, statutes, or Find the relevant constitutional provisions, statutes, or

administrative rulesadministrative rules Find related cases using case digests or online Find related cases using case digests or online

databasesdatabases Read the casesRead the cases Update with pocket parts and/or a citator like Shepard'sUpdate with pocket parts and/or a citator like Shepard's Stop researching when there are no gaps left in your Stop researching when there are no gaps left in your

research and you begin to retrieve repeated resultsresearch and you begin to retrieve repeated results

(Oregon Legal Research 2d, Suzanne Rowe)(Oregon Legal Research 2d, Suzanne Rowe)

Page 21: Law Libraries and Legal Research for Public Librarians

Research Strategies and Research Strategies and OrganizationOrganization

Strategy Strategy formulation: formulation: depends on depends on research goalsresearch goals

Process trail: Process trail: documenting and documenting and organizingorganizing

Page 22: Law Libraries and Legal Research for Public Librarians

Mandatory vs. Persuasive Mandatory vs. Persuasive AuthorityAuthority

Mandatory: must be followed by Mandatory: must be followed by courts (binding). Occurs within one’s courts (binding). Occurs within one’s jurisdiction.jurisdiction.

Persuasive: relevant but not binding. Persuasive: relevant but not binding. Occurs within similar or nearby Occurs within similar or nearby jurisdictions.jurisdictions.

Page 23: Law Libraries and Legal Research for Public Librarians

Wrap-upWrap-up

Questions?Questions? Workshop evaluationsWorkshop evaluations Suggestions? Legal reference questions? Let us know…Suggestions? Legal reference questions? Let us know…

Chrystal, Holly, LauraChrystal, Holly, Laura Email, phone…or visit! We love to hear from our local public Email, phone…or visit! We love to hear from our local public

reference librarians.reference librarians. Thanks for listening!Thanks for listening!