Overview

Legal reference, like medical reference, requires making a careful distinction between giving advice and providing information. In legal reference, there are generally fewer kinds of questions that simply ask for definitions. The majority of people have a question that can't be reduced to a name (like the name of a disease or medication).

This section is designed to introduce the wide range of legal information available on the Internet and in a few standard print sources. Federal and state information is included. This information is for non-law library staff who work with people who have legal questions. You will learn basic information about the structure and sources of law, what types of legal questions you may be asked, and what you can do to answer them. For those times when your collection does not provide adequate information, you'll find tips on how to refer the library user's question.

Background: Glossary

In order to understand basic legal information, familiarity with the following terms will be useful. They will be used throughout this unit on legal information:

Bills: Proposed laws
Laws: Final product of the legislative process -- the rules governing a particular kind of activity
Statutes-at-large: Compilations of laws in chronological order as they are passed
Codes: Laws rearranged by subject with only those still in force included
Case law: Consists of the written opinions (or decisions) of judges in a particular case and the reasoning behind it, including citations to relevant statutes (laws) and other cases (precedents)
Precedent: A previously decided case that guides the decision of future cases
Regulations: Rules made by an administrative agency, such as the Environmental Protection Administration (EPA) or the Forest Service to help enforce laws; they have the force of law
Executive order: A direct order from the President that has the force of law
Citations: A set of letters and numbers that are used to locate a statute, regulation, rule, or case accurately and efficiently

Information, Not Advice

As with all reference questions, the library's role is to provide information to the library user—not to interpret that information. It is extremely important to be careful of this with regard to the law. Doing so constitutes unauthorized practice of the law, a misdemeanor punishable by a year in jail, a fine up to $1000, or both. There are also civil penalties.

For example, if a library user has read a portion of the vehicle code in the library and then turns to you and asks, "Does that mean that if I did thus-and-so, that this does not apply to me?" This is a question involving legal interpretation that you just can't answer. You must let them know they have to seek professional advice. Or perhaps you have read a definition of a legal word over the phone to a library user, and she asks you to explain it because she doesn't understand the definition. What you need to do is to try and find another definition that she might understand better, or ask her what part of the definition is confusing, and look up the definition of that word.

Sometimes people will want to describe the details of a situation that is dealt with in a more general way in a library book, and ask you what you think they should do next. Again, this is the sort of question you cannot answer. To do so would be giving advice rather than simply finding appropriate information. There are books you can recommend (try to see if one of the Nolo Books covers the issue in more detail), or direct the patron to one of the legal websites listed in this unit, and search the site using appropriate keywords.

The distinction needs to be made between providing information to read and giving legal advice or interpretations. It sounds simple, but in practice you may be tempted to be as helpful as possible and try to answer all the library user's questions. Library users can be very insistent when asking questions, but you simply have to be firm and explain that your role is to provide information and that anything further will have to be handled by a professional.

If you are not sure where your role ends in a certain situation, ask your supervisor.

Background: Basic Legal Structure

It's important to understand something about the type of legal framework we have in the United States. Very simply, federal law derives first from the U.S. Constitution, and from that, to laws passed by Congress (legislative branch) and the President (executive branch). On the state level, there are state constitutions and state legislation. However, as courts "hear" legal cases, they interpret the law, and their decisions sometimes form precedents which can become part of the law (case law). In addition, many government agencies can set rules and regulations which also have the force of law (administrative law).

Laws can be compiled into "codes" which put all of the laws currently in force together by subject for handy reference. The U.S. Codes, for example, gather together the laws passed by Congress. In California, the State publishes codes on some subjects (like the Penal Code and the Vehicle Code). Private companies publish "annotated" State Codes which include summary information in addition to the laws themselves. Information may include the history of the law and brief summaries of relevant court cases. Deering's Codes (LexisNexis Group) and West's Codes (West Group) are both used in California. These two companies publish legal information.

Though not the same, U.S. and State laws follow similar paths to being enacted.

Legal Reference

How can we help library users with legal questions when we are not trained in the law and our libraries do not have the resources that a law library would have? Legal reference work is different from legal research. While we are not legal specialists, we can direct our users to useful materials to get them started in finding the answers to their questions. Many laws and legal texts are written in a technical language (often derived from Latin) that makes them difficult for a layperson to understand. Dictionaries can help decode legalese for both you and the library user. There also may be other specialized resources that may be just what the library user is looking for.

The importance of the reference interview cannot be stressed enough when doing this kind of work. People can be understandably somewhat reluctant to talk about what the circumstances were that lead to their requests. If a patron doesn't respond to your open questions, try using phrases like "it would help me find the best information if you could tell me..." or "if you can let me know something about what you are trying to do, I'll be better able to find something really useful."

Your library probably owns many useful general legal resources—guides and self-help books about laws and legal research, law dictionaries, and perhaps some specialized materials, such as legal encyclopedias or actual volumes containing legal codes. There are also online sites that contain federal, state and local laws, legal news, and even help with legal research. Your library may also have an online database (such as Lexis-Nexis) to search for legal information so that the library user may find articles about their subject. It is not uncommon for someone to ask library staff for an actual law when they would do better with one of the books from Nolo Press or a guide to doing legal research. It's a good idea to respond to the actual request for the law or code, but it's advisable at the same time to offer to find something that might better explain the law or guide the user through a legal process.

Useful Websites for General Legal Information

Your Public Law Library (publiclawlibrary.org)

From the Council of California County Law Librarians, this site provides: 1) a list of self help centers for those representing themselves in court, 2) a list of county law libraries, 3) a mini-class on doing legal research, 4) a collection of legal links, and 5) a link to AskNow's legal reference service by chat.

Legal Information Services to the Public (www.aallnet.org/sis/lisp/research.htm)

From the American Association of Law Libraries. The "public library toolkit" includes links for making sure you have the most current information, researching a legal problem, collection development guidelines, and specifically for California, the full text of Locating the Law: a Handbook for Non-Law Librarian (in pdf format).

Northern California Association of Law Libraries (nocall.org)

Includes a list of internet resources for legal issues by subject area, and a separate listing of California resources.

American Bar Association's Law Info site (abalawinfo.org)

Info for the consumer, divided into eight sections: buying and selling, your finances, your home, your family, your job, the courts, criminal justice, and find a lawyer.

Cornell Legal Information Institute Law About Series (www.law.cornell.edu/topics)

Cornell's Legal Information Institute has an extensive list of topics. Each gives an overview of the area of law and links to important primary sources in that field.

FindLaw (findlaw.com)

Probably the best-known law site, but not necessarily the best in quality. Does provide one-stop shopping for all 50 states and federal law.

Hieros Gamos (hg.org)

This megasite provides links to federal and state legal information, as well as to information applying to a wide range of foreign countries. Most recommended by law schools and attorneys.

Internet Legal Resource Group (ilrg.com)

This index to thousands of legal sites on the Internet includes a forms archive.

CourtTV Online (courttv.com)

Provides information on current newsworthy cases and controversies. Also includes a Crime Library of famous cases.

Print Resources

Some basic self-help/introduction-to-law titles that you may have in your library include:

• Black's Law Dictionary, ed. by Brian A. Garner (West, 2004)
• Law Dictionary for Nonlawyers, by Daniel Oran (West, 2000)
• Nolo's Guide to California Law, by Lisa Guerin and Patricia Gima (Nolo, 2004)
• I Think I Need a Lawyer, Now What? by Marci Alboher Nusbaum (Silver Lining Books, May 2002)
• Everybody's Guide to Small Claims Court in California, 14th ed. by Ralph E. Warner & Linda Allison (Nolo, 2002)
• Legal Research: How to Find & Understand the Law, 12th ed. by Stephen Elias & Susan Levenkind (Nolo, 2004)

Responding to Questions about "the law on..."

It is common that people will come into the library asking for the law on a particular subject. The first thing you need to find out is if the question involves federal, state, or local laws and regulations. It is also helpful to know if the library user already has a particular law or law section in mind. It is a very good idea to show the library user how to get to and use the codes, either in print or on the web, and let him find the law that they think will apply. This way, you will not be interpreting the law for him; he will be doing the interpretation himself.

If it not clear which law might apply in a given circumstance, deciding which law is appropriate is a matter of interpretation, which ideally is a job for a lawyer. It isn't a good idea for library staff to attempt to do this. The library user may do it, if she chooses. Even if you do find a law that seems to cover the circumstances, you should make her aware that there are new laws and new court decisions every day that might have an impact on her subject area. One of the reasons the guides such as those published by Nolo are so helpful is because they offer interpretations of common situations, so that the lay public does not have to figure out what a particular law means.

You may be asked legal reference questions by users who are not in the library: by phone, email, or other methods. Unless the question is very straightforward, you might want to suggest some sources for such customers to use and encourage them to visit the library to look at the print materials and/or to get help with the ones on the web.

Just as with medical reference work, there are some cautions associated with working with library users regarding legal information. These are some suggested cautionary statements you can make to the library user:

• The material that the library is providing you may not be the most accurate, complete, or up-to-date that is available.
• Library staff is not qualified to give legal advice, and while the material being provided may apply to your questions, you should check with a legal professional to be sure.
• The law is constantly being changed through legislation, administrative rulings, and court decisions. To be certain you have the most current, pertinent, and complete material, you should check with a legal professional. You can also get advice on interpreting what you have found.

You may notice that once you have thoroughly covered all the sources listed above, the same legal rule, whether set out in statute, regulation, or court opinion, will appear in several places. As an example of answering a legal question, take the body of law which exists about civil rights. There are several important laws that have been passed by Congress about this, and they can be found in the U.S. Code. In addition, the agencies that enforce provisions of these laws have published voluminous sets of regulations about how they are to be enforced. These can be found in the various sets of administrative laws. Finally, the Courts have also provided opinions on these laws.

United States Law

You may remember from a Civics or History class that there are many steps involved in passing a law. First, all legislation begins with an idea. A member of either the House of Representatives or the Senate may present a bill for consideration. It is discussed and debated by the entire membership and also by special committees. If it is passed by the membership it is then referred to the other Congressional body. If after debate and discussion it is approved by that body, it is then sent to the President for approval. A President can veto, sign (approve), or allow the bill to go into law without a signature. If the President approves, the bill then becomes law.

Bills and acts that become federal law in the United States are then compiled into various government publications for use by all. These laws are each given legal citations to assist in finding the text of the law in legal publications.

A citation is a reference to legal information such as a statute, case, regulation, or law review article. Citations to legal materials follow a standard format that makes it possible for anyone using a law library to find the original source. Most legal citations consist of three basic parts:

1. The name of the statute or case
2. Information about where the material can be found (for example, the name of the publication, section and pages)
3. The date

Information about legal citations can be found in most books on legal research. One standard guide book is The Bluebook : a uniform system of citation, compiled by the editors of the Columbia Law Review, the Harvard Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal.

Federal Codes, Regulations and Cases on the Web

Print versions of these sources can be found in law libraries and in some larger public and academic libraries.

United States Statutes at Large (memory.loc.gov/ammem/amlaw/lwsl.html)

The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. Since 1845, every law, public and private, ever enacted by the Congress is published in the Statutes at Large in order of the date of its passage.

GPO Access: a service of the U.S. Government Printing Office (www.gpoaccess.gov)

This website is the single source for all federal legal documents. The GPO disseminates information from all three branches of the federal government. Links to Congressional bills, the history of bills, and the Supreme Court can be found at this website. The following can be found here as well:

United States Code (USC) (www.gpoaccess.gov/uscode)

The USC rearranges the Statutes at Large into subject order, and only includes laws that are still in force. Titles, Sections, Chapters, or Paragraphs are just different names for parts of a law. There may be thousands of laws that have a "Title 3" or Section 243H." It is essential to get as complete a citation as possible from the patron before starting a search.

Here's a sample citation from the US Code with its parts explained:

Federal Register (www.gpoaccess.gov/fr)

Federal agencies can also pass laws—regulatory laws. Before regulations are passed they are published for public review. At the federal level this is done via the Federal Register. Public comments can be made concerning pending regulations at the website.

A citation to the Federal Register looks like this:

Code of Federal Regulations (CFR) (www.gpoaccess.gov/cfr)

The codified rules and regulations of Executive Branch and independent agencies are organized into 50 titles (subjects). These rules, regulations, and documents are originally printed in the Federal Register.

A citation to the CFR looks like this:

Thomas: legislative information on the Internet (thomas.loc.gov)

This website offers access to many databases. They include:

• Quick search of text of bills
• Bill summary and status
• Votes - House and Senate
• Congressional Record

In addition to databases, the Thomas home page provides "Frequently Asked Questions" (FAQ), directories, and historical documents.

The Judicial branch of the government does not make laws or enforce them, but instead interprets and applies the law to resolve disputes. The Supreme Court of the United States (supremecourtus.gov) has opinions from 1991 to the present (see Opinions/Bound Volumes for official opinions 1991-2002), information about cases on the Court's docket, calendar, transcripts of oral arguments, and basic public information about the Court. Supreme Court decisions from 1893 to the present can be searched at FindLaw (findlaw.com/casecode/supreme.html). Here opinions are edited, with links to cited cases. You can look up cases by name, citation, or keywords.

It may also be useful in helping library users with federal regulations to have contact information for U.S. agencies. FirstGov maintains an A-Z Index of U.S. Government Departments and Agencies (www.firstgov.gov/Agencies/Federal/All_Agencies/).

California Law

The process of making laws in California follows the same process as in the Federal Government. The process begins when a Senator or Assembly Member decides to author a bill. This legislator sends the idea for the bill to the Office of the Legislative Counsel, where it is drafted into bill form to be presented to either the Assembly or the Senate. Discussions are held in both houses, and if approved by both, the proposed legislation is sent to the Governor, who can veto, sign, or allow it to become law without a signature. Each bill that is passed by the Legislature and approved by the Governor is assigned a chapter number by the Secretary of State. These chaptered bills are statutes, and ordinarily they become part of the California Codes.

The California Codes are a comprehensive collection of laws grouped by subject matter. It consists of 29 codes, the State Constitution and Statutes. Information presented reflects laws currently in effect. California codes are divided into Codes, Divisions, Chapters, and Articles.

The State of California does not publish the official California Code. They are available from commercial publishers such as West and Deering.

Citations to California Codes do not begin with numbers. Instead, the title of the code name is followed by the section number, the publisher, and the date. Example:

California Rev. and Tax. Code §2280 (West 20xx)

Web Sources for California Law

Official California Legislative Information (leginfo.ca.gov)

Search information on bills from 1993 to the present. Materials for each bill include status and history, all versions of the bill, committee and floor analyses, and committee and floor votes. Provides searchable and browsable access to the current codes and constitution. Also features an overview of the legislative process, a calendar of daily events, information on the members of the legislature, committee memberships, glossary of terms, and legislative publications.

California Code of Regulations (ccr.oal.ca.gov)

As in federal law, a regulation is a rule adopted by a regulatory agency (state, in this case) and has the force of law. There are 28 Titles in the Code from agencies such as the Athletic Commission, the Board of Corrections, the Pest Control Board, and the Board of Trustee of the California State University.

California State Agency Index (tinyurl.com/7htdc)

Or go to ca.gov look at the list of "Featured Links" on the right, scroll down until you get to "Quick Hits," and click on the "State Agency Index."

California Ballot Initiatives (tinyurl.com/cj24)

Maintained by the Hastings College of Law Library, this is a comprehensive, searchable source of information on California ballot propositions from 1912 to the present. The database contains the full text of the propositions, accompanying material contained in the voters' pamphlets, related legal and legislative history, and digital images of the voters' pamphlets.

California Secretary of State Initiative Update (ss.ca.gov/elections/elections_j.htm)

Information on currently circulating initiatives, as well as the ballot pamphlets from 1996 forward.

California Judicial Council Opinions (www.courtinfo.ca.gov)

Links to all California courts. Offers a searchable database of court opinions from 1850 to the present.

FindLaw California: Case Law (findlaw.com/cacases)

Provides access to California Supreme Court and Courts of Appeals cases from 1934 to the present. Must register (free) to view the cases.

California Courts Self Help Center (www.courtinfo.ca.gov/selfhelp)

Links to information by topic, forms, finding legal help (with links to self help centers in most CA counties), working with an attorney, a glossary, and a place to "ask the law librarian." It is also available in Spanish, Chinese, Korean, and Vietnamese.

LawHelpCalifornia (lawhelpcalifornia.org)

Aimed at people with low income. Check the Referral Directory for a listing of California legal services providers alphabetically or by topic. Click on the Intake Workers button to find legal services by county and zip code, and by certain eligibility requirements, such as being under 18, disabled, homeless, etc.

Municipal Codes and Ordinances

Many things are regulated at a local rather than state or federal level. These can include landlord/tenant issues, neighbor law, pets, parking, and more. These are two websites that provide links to California municipal ordinances. In many cases, these are searchable on the web. If your town or city is not covered, it's a good idea to find out where the nearest print copy of the municipal code is kept.

City and County Lists on the California State Web Page (ca.gov)

The California State homepage has links to all city and county websites (look under "Quick Hits" on lower right), many of which include their own municipal codes. A great first place to look.

California Local Codes and Charters (igs.Berkeley.edu/library/calcodes.html)

The IGS Library at UC Berkeley maintains a large collection of California municipal ordinances and charters. Their website provides links to those available on the Internet.

Finally, regardless of what level of government or court is involved, the most helpful thing you can do is to show the library user how to use the tools you have available in your library and make sure that she understands something about how complex the process is. The library user will ultimately have to make the decision, perhaps with the help of an attorney, about what laws apply in the given situation.

Legal Forms

Your library may have books with legal forms in them. The Nolo Press self-help books have forms to go along with the topic covered. You can also try the following websites:

California Courts: Forms (www.courtinfo.ca.gov/forms)

Forms filed in California Courts, from the California Judicial Council. Some are mandatory; some suggested. There are interactive or printable versions.

California Secretary of State: Business Portal (ss.ca.gov/business/business.htm)

Provides information for and about California businesses, including starting a business and registering trademarks. It also includes many business forms.

LexisONE List of Free Forms (tinyurl.com/5hjgg)

Access to over 6,000 free forms from Matthew Bender.® Updated continuously and organized by topic or state.

FedForms (fedforms.gov)

Contains forms for hundreds of Federal agencies including the EPA, the Department of Justice, and the Treasury Department. Check the "Top 100 Forms" list.

California Superior Court EZLegalFile (ezlegalfile.org)

This is an interactive program that people can use for help in filling out forms on family law, small claims, evictions, domestic violence, and guardianship. Users answer a series of questions, and the program generates completed forms in PDF to print and file in court. There's a link to download the Acrobat reader on the site. Though developed by the San Mateo County Superior Court, it is useful for most but not all California counties.

Patents, Trademarks and Copyrights

Patents, trademarks, and copyrights are all forms of legal protection offered by the federal government. Each of these devices help to protect a person's right to what they have created, but each is used in different circumstances.

Patent: Protects an invention. A patent does not guarantee the right to make, market, and sell an invention--only the right to exclude others for doing so.
Trademark: Protects a word, symbol, or phrase (or some combination thereof) that identifies goods or services in interstate commerce.
Trade Names: The name of the business or company.
Copyright: Protects artistic or literary works.

Trademarks are not the same as trade names. Trademarks can be registered with the U.S. Patent Office and identify a product or service. The trade name is the name of the business or company itself. Proctor and Gamble is a trade name. This company owns many products with various trademarks such as Cascade, Max Factor, and Mr. Clean. Trade names can be registered with counties or the Secretaries of State of individual states. Trade names are not registered with the Patent Office.

Questions often fall into major categories, such as:

• I want to search for information about a particular patent.
• I want to find out what trademarks have been used already.
• I'd like help in obtaining a patent and trademark.

Once the library user has told you which type of information they are looking for, you can turn to your collection to find materials in print. You can search for books using such keywords and phrases as "patent searching" or "copyright." Check to see if you have any Nolo publications on these topics. Here are some of them, plus one on patents from the government:

• Patent, Copyright & Trademark: An Intellectual Property Desk Reference, by Stephen Elias, Richard Stim (Nolo, 2004)
• Patent It Yourself, by David Pressman (Nolo, 10th ed. 2004)
• Patents and How to Get One: A Practical Handbook, by U. S. Department of Commerce (Dover, 2000)
• Trademark: Legal Care for Your Business & Product Name, (Trademark) by Stephen Elias (Nolo, 6th ed. 2003)

The United States Patent and Trademark Office (www.uspto.gov) is the official government site for all things involving patents and trademarks.

This website contains all of the official information about filing for a patent or trademark or finding patents or trademarks. The patents database covers the period from 1790 to the present and can be searched by keyword (from 1976 to the present) or by patent number (1790 to the present). Trademarks can be searched by keyword.

The site also explains the process of filing for a patent or trademark. Patent research must be undertaken before an invention can be patented to make sure that the invention has not already been patented by someone else. These searches can take some time and often require some technical expertise, so libraries can't do them for the library user. They must do these comprehensive searches for themselves or hire someone to do them.

Referring Legal Questions

Sometimes what the library user really needs is more than you can provide. You can help lead a library user to a source; you can even read that source information to a patron. However, you should not interpret the information. Sometimes, though, people's questions are so complicated that what you have available to give them is not enough. They may need legal advice or more in-depth information than your library may carry.

For example, suppose a person says that he and his neighbor had an oral agreement about building a new fence, but the neighbor refuses to live up to his part of the deal. The library user wants to know if he can sue. You might not find anything in the index to the Codes or by using a keyword for an online search on fences, or even about oral agreements. If you try to guess what part might be best you would really be giving legal advice, and you might even be doing harm to the person if you chose wrong. (Remember, many people will take your word for it: you work in a library and have all these resources, right?)

If the person's question is one that could be answered by your headquarters' library or a reference center, obtain all the information that the user can provide, write it all down, and reconfirm with the library user that you have it down correctly.

If the question requires much more complicated research involving resources available only in a law library, direct them to your public or county law library for assistance. They may have just the specialized information the library user needs. You might call the law library first to see if it is a question they might be able to answer by phone or to let them know that someone may be coming to their library for help.

Sometimes the best help you can give someone is a referral to a group or agency which can give advice. A civil rights commission, legal referral office, consumer advocate, or women's group are all examples of places which may be able to help.

If the question requires what you believe to be professional interpretation or advice and the library patron does not have an attorney, there are several places you can refer them.

Websites for Finding a Lawyer or Checking on One

The State Bar of California (calbar.ca.gov)

The State Bar's Attorney Search database provides information on all attorneys licensed to practice in California and includes disciplinary information. The site also provides links to legal resources on the Internet and some helpful consumer guides.

Martindale-Hubbell® Lawyer Locator (martindale.com/locator)

Martindale-Hubbell provides national and international listings of attorneys. The site can be searched by name, jurisdiction, and/or specialty.

Legal Specialization: California Specialist (californiaspecialist.org)

Search for legal specialists certified by the California State Bar and by other accrediting institutions.

No legal advice! No interpretations! While library users may be very insistent that you assist them in interpreting the materials they find, be very clear that this is not something you can do and suggest that they contact an attorney. Refer the question whenever necessary.

What to Do Next

• On the top left of this page, click the "Assignments" link.
• Take the quiz.
• Do the assignment.