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Sept09 Nmcc Legal Business
 

Sept09 Nmcc Legal Business

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BUS 119A

BUS 119A
Legal Environment of Business
Instructor: Pam Crawford
Library Outreach

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  • Legislative Executive Judicial
  • Free Library Cards at Turner Library for all NMCC students.
  • Local Ordinances and Codes
  • Roe v wade
  • Marvel! Maine’s Virtual Library. Free access to all Maine residents.

Sept09 Nmcc Legal Business Sept09 Nmcc Legal Business Presentation Transcript

  • Local – Ordinances/Codes State – Bills, Laws, Cases Federal – Bills, Laws, Cases
  • Maine State Law & Legislative Reference Library Phone: (207) 287-1600 Ask for the Reference Desk http://www.state.me.us/legis/lawlib http://maine.gov/legis/lawlib/collect.htm 43 State House Station, Augusta, ME 04333
  • Local Information & Libraries
    • County Level
    • http://www.mainecounties.org/
    • Local Government
    • http://maine.gov/local/
    • Northern Maine Community College Library
    • http://www.nmcc.edu/pages/library.php
    • University of Maine Presque Isle Library
    • http://www.umpi.edu/library/
    • Mark & Emily Turner Library
    • http://www.presqueisle.lib.me.us/
    • Presque Isle District Court
    • 27 Riverside Drive
    • Presque Isle, ME
    • 764-2055
    • Online library only. Open to the public.
    • M-F 9-4:00 Library is not staffed.
    • Lexis
    • www.lexis.com/research
    • District & Superior Court Caribou
    • Law Library
    • 144 Sweden Street, Caribou, ME
    • 498-2557, Open to the public
    • M-F 8-4:30
    • The library is not staffed.
    • Lexis
    • www.lexis.com/research
  • Local Ordinances and Codes
    • Search for a specific town to locate city ordinances and municipal codes
    • http://www.memun.org/public/local_govt/home_rule.htm
    • Usually will find online on city Web page
    • Presque Isle, Maine, for example:
    • http://www.presqueisle.govoffice2.com/
    • City Ordinances online here:
    • http://www.presqueisle.govoffice2.com/index.asp?Type=B_BASIC&SEC={5848757E-3072-493C-8842-4D79393FCE56}
  • City of Presque Isle, Maine Link for City Ordinances on left-hand side
  • Ordinances on City Web site http://www.presqueisle.govoffice2.com/index.asp?Type=B_BASIC&SEC={5848757E-3072-493C-8842-4D79393FCE56}
  • State of Maine Web site
    • http://www.maine.gov/portal/government/
  • How a bill becomes a law in Maine
    • Maine’s Path of Legislation
    • Excellent description about the process of law making:
    • http://maine.gov/legis/lawlib/billpath.htm
    • Glossary of terms
    • http://www.maine.gov/legis/opla/glossary.htm
    • Example:
    • Engrossed: Literally, printed. An engrossed bill is a document that physically incorporates the bill and all adopted amendments to the bill. The engrossed bill may be passed to be enacted and subsequently approved by the Governor.
  • How to Research a Bill
    • Legislative Documents (“LDs”) are introduced and considered by the Maine Legislature (e.g., LD2012)
    • To search the bill text or to check the status of an LD for current and past sessions:
    • http://www.mainelegislature.org/legis/bills/billtexts/
    • http://janus.state.me.us/legis/session/
    • Example: Search for LD 2012 or search by keywords
    • “ secondhand smoke”
    • Bill Status / State of Maine Legislature
    • http://janus.state.me.us/legis/LawMakerWeb/search.asp
  • Laws of Maine
    • Session laws are enacted as either Public Laws or Private and Special Laws
    • Public Laws of the State of Maine 1997-2007
    • http://janus.state.me.us/legis/ros/lom/lomdirectory.htm
    • Text search for Public Laws of Maine
    • http://janus.state.me.us/legis/ros/lom/lawsrch.htm
  • Private and Special Laws
    • Private and Special Laws are enacted to address particular persons or groups of persons, such as a municipal or business corporation. Because they are limited in scope, they are not codified in the Maine Revised Statutes. They are published in the Laws of Maine. Private and Special laws are numbered separately from other types of legislation. They are assigned a consecutive chapter number, and the numbering begins again with the start of each new Legislature. The Legislature may amend a Private and Special Law at any time, so it is necessary to search all the Private and Special Laws to find not only the original act but also any amendments to it.
    • Private and Special Laws are published in the Laws of Maine .
    • Must consult print indexes and paper supplements for Private and Special Laws earlier than 1997
    • http://maine.gov/legis/lawlib/p&s.htm
    • Since 1997, can find online here:
    • http://janus.state.me.us/legis/ros/lom/lomdirectory.htm
  • Maine Revised Statutes
    • All laws which are currently in effect are listed here.
    • These statutes will be listed under Title and Section numbers.
    • For Title and Section List
    • http://janus.state.me.us/legis/statutes/
    • For Search Function for Maine Statutes
    • http://janus.state.me.us/legis/statutes/search.asp
    • MRSA = Maine Revised Statutes Annotated
    • Only the print version is annotated. The online version is not annotated.
  • Maine State Legislature Publications
    • Maine State Legislature / Legislative Publications
    • http://janus.state.me.us/legis/pubns.htm
    • Maine Legislative Drafting Manual
    • http://janus.state.me.us/legis/ros/manual/TableofContents.htm
    • From: http://janus.state.me.us/legis/ros/manual/Draftman2004Web-05.htm#P350_29619
    • There are two types of bills, which are also known as "acts." Both types of bills create or affect laws of potentially unlimited duration.
    • A. Public law . Public law bills propose laws that affect all of the people of the State or all persons or things of a particular class. Since these bills affect the general law, the sections of a public law bill that are of general or long-lasting application are almost always allocated to the Maine Revised Statutes; that is, they are placed somewhere in the existing statutory framework. Temporary provisions of a public law bill or housekeeping provisions are usually not allocated to the statutes but are drafted as unallocated law and placed at the end of the bill (e.g., transition provisions, retroactivity clauses, appropriation and allocation clauses, effective date clauses and emergency clauses; these are dealt with in more detail later in this Part). An unallocated provision is law that is published in Laws of the State of Maine but is not included in the Maine Revised Statutes.
    • B. Private and special law . A private and special law bill is distinguished from a public law bill in that it has a much narrower scope. A private and special law bill proposes a law that relates to particular persons or things or to a class of particular persons or things, or operates on or over a portion of a class instead of the entire class. For example, water and sewer districts are routinely created by means of a private and special law bill. A private and special law is not allocated to the Maine Revised Statutes, but appears in Laws of the State of Maine.
  • State
    • Maine.gov Laws & Legal Resources
    • http://www.maine.gov/portal/government/law.html
    • Maine.gov State Legislature
    • http://www.maine.gov/portal/government/legislature.html
    • Maine Court Cases / Maine State Law and Legislative Reference Library
    • http://www.maine.gov/legis/lawlib/cases.htm
  • Maine
    • Maine Legislative Publications
    • http://janus.state.me.us/legis/pubns.htm
    • Historical Documents at Avalon Project/
    • Yale Law School
    • http://www.yale.edu/lawweb/avalon/avalon.htm
    • Grant of the Province of Maine (1622, 1639, 1664, 1674)
    • http://www.yale.edu/lawweb/avalon/states/statech.htm#me
    • Laws of the State of Maine
    • http://janus.state.me.us/legis/ros/lom/lomdirectory.htm
  • Maine Courts
    • State of Maine Courts
    • http://www.courts.state.me.us
    • Latest opinions, rules, and orders.
    • Links to Supreme Court, Superior Courts, District Courts.
    • Search option for opinions and orders.
    • Also Supreme Court Oral Argument Schedule.
    • Citizen’s Guide to the Courts of Maine
    • http://www.courts.state.me.us/citizen_info/citizen_guide/index.html
  • How to Research Maine Cases
    • Maine Supreme Court
    • http://www.courts.state.me.us/court_info/opinions/supreme/index.shtml
    • Maine Superior Court
    • http://www.courts.state.me.us/court_info/opinions/superior/index.shtml
  • Maine Legislature
    • Maine State Legislature
    • http://www.maine.gov/legis/homepage.htm
    • Maine Senate
    • http://www.maine.gov/legis/senate/
    • Maine House of Representatives
    • http://janus.state.me.us/house/
    • Legislators’ Handbook
    • http://www.maine.gov/legis/opla/handbook.htm
  • Thomas & GPO Access / Federal
    • Thomas (named after Thomas Jefferson) was launched by Library of Congress in 1995 in order to make legislative information available to the public. Includes: bills, resolutions, congressional activity, congressional record, schedules, calendars, committee information, presidential nominations, treaty information, other government resources.
    • http://thomas.loc.gov
    • About Thomas http://thomas.loc.gov/home/abt_thom.html
    • GPO Access
    • http://www.gpoaccess.gov/
    • Access resources by branch of government: legislative, executive, and judicial.
  • Thomas / Library of Congress
    • Search page for federal bills and resolutions
    • http://thomas.loc.gov/home/bills_res.html
    • Search by Bill Text (enter word or phrase)
    • Search by Bill Number
    • Search a Single Congress
    • Search Multiple Congresses
  • Law Library of Congress
    • Law Library of Congress
    • http://loc.gov/law/index.html
    • State of Maine Resources
    • http://www.loc.gov/law/help/guide/states/us-me.html
    • A good place to begin search. Online listing with links for Maine executive, judicial, legislative sites. Also includes links to legal guides, directories, and portals.
  • Federal Laws
    • Locating Federal Statutes
    • http://www.loc.gov/law/help/statutes.html
    • How our laws are made
    • http://thomas.loc.gov/home/lawsmade.toc.html
    • Enactment of a law
    • http://thomas.loc.gov/home/enactment/enactlawtoc.html
  • Federal – Supreme Court
    • United States Supreme Court
    • www.supremecourtus.gov
    • Cornell Law School Supreme Court Collection
      • http://supct.law.cornell.edu/supct
      • Find Law Supreme Court Decisions
      • www.findlaw.com/casecode/supreme.html
      • Historic Supreme Court Decisions
      • http://www4.law.cornell.edu/supct/cases/historic.htm
      • Supreme Court bound volumes online 1991-present
      • http://www.supremecourtus.gov/opinions/boundvolumes.html
  • Courts
    • Supreme Court Opinions
    • http://www.supremecourtus.gov/opinions/opinions.html
    • GPO Access Supreme Court
    • http://www.gpoaccess.gov/judicial.html
    • US Judiciary Guide to Federal Court Decisions
    • http://www.loc.gov/law/help/guide/federal/usjudic.html
    • Provides links to US Supreme court, US Court of Appeals, US District Courts, US Bankruptcy Courts
    • www.uscourts.gov
  • Law School Sites
    • University of Maine School of Law
    • http://mainelaw.maine.edu/library/mestate.htm
    • Cornell University Law School
    • http://www.law.cornell.edu
    • Harvard Law School
    • http://www.law.harvard.edu/
    • Georgetown Law Library
    • http://www.II.georgetown.edu/guides/CALSAsylumLawResearchGuide.cfm
  • Additional Sites
    • Public Library of Law
    • http://www.plol.org/Pages/Search.aspx
    • American Bar Association Law Link
    • http://www.abanet.org/tech/ltrc/lawlink/home.html
    • Find Law
    • www.findlaw.com
    • Nolo – Legal Research Page
    • http://www.nolo.com/statute/index.cfm
    • GPO Access http://www.gpoaccess.gov/legislative.html
  • Lexis One
    • Free online version. Read description here:
    • http://www.lexisone.com/aboutlexisone/index.html
    • You must register for this free service.
    • http://www.lexisone.com/caselaw/freecaselaw?action=FCLDisplayCaseSearchForm
    • State Resource Center page for Maine on Lexis One
    • http://www.lexisone.com/legalresearch/legalguide/states/maine.htm
  • Shepard’s and Shepardizing a Case
    • Shepard's Citations for Case Law (from University of Delaware Library)
    • Case law is based upon precedent or authority. In order to find out if a case can be used as authority, check to see whether the case has been followed, distinguished, limited or questioned in subsequent court cases. This is done by "Shepardizing", using Shepard's Citations to see how and when another court has cited the first decision.
    • A legal citation for a case identifies the name of the court reporter in which the opinion is published and identifies the volume and page. In the Shepard's citator sources, the term "citation" is used more specifically to indicate a reference in a later authority to an earlier authority. The earlier authority is known as the "cited" case, statute, etc. and the later authorities are referred to as the "citing" case. Shepardizing a case helps determine the precedential value of a legal authority. Most commonly associated with case law, Shepard's citators are also published for the constitution and statutory law.
    • http://www2.lib.udel.edu/subj/godc/resguide/shep.htm
    • How to Shepardize a case
    • http://www.law.suffolk.edu/library/research/a-z/resguides/shepcase.cfm
    • How to Shepardize a statute
    • http://www.law.suffolk.edu/library/research/a-z/resguides/shepstat.cfm
    • LexisNexis Shepard's Citations Tutorial
    • http://web.lexis.com/help/multimedia/detect.asp?sPage=shepards
    • LexisNexis Tutorials
    • http://web.lexis.com/help/multimedia/detect.asp?sPage=shepards
  • Common Terms & Abbreviations
    • Legislative Documents = LD : A legislative measure in its official printed form, that is given a number by the Clerk of the House or the Secretary of the Senate and is referred to as “L.D. XXX.” Some measures, such as orders, do not become legislative documents in this sense. Types of L.D.s include those that would create public laws (see "LAWS, PUBLIC"), private and special laws (see "LAWS, PRIVATE AND SPECIAL") and resolves (see "LAWS, RESOLVE"). A CONSTITUTIONAL RESOLUTION is a form of L.D. that does not become effective upon enactment but which is subject to REFERENDUM. There are other types of legislative papers that are not legislative documents. (See “BILL”, "AMENDMENT" and "ORDER.") (See also “FORM OF A BILL” and “HOW TO READ A BILL” in Part I, D, 1, d and e)
    • House Papers = HP
    • Senate Papers = SP
    • Legislative Request = LR : A request for drafting and introduction of a legislative instrument that is assigned a number by the Revisor of Statutes. This number is used to track instruments through the legislative process from initial drafting to final enactment. Until an instrument is assigned an L.D. number, the L.R. number is used to identify it.
    • Glossary online at: http://www.maine.gov/legis/opla/glossary.htm
  • Print Resources
    • Most legal print resources will be available through either large academic libraries or law libraries.
    • For example:
    • United States Reports
    • Supreme Court Reporter
    • Digests (Supreme Court Digest)
    • Index to Legal Periodicals
    • Current Legal Index
    • Databases (access via a law library)
    • Lexis
    • Westlaw
    • Academic Libraries may offer access to databases such as
    • LexisNexis Academic
    • Academic Universe
    • State Law & Legislative Library
    • Resources page
    • http://www.state.me.us/legis/lawlib/collect.htm
    Library of Congress Classification for Law = Class K United States Law = KF
  • Newspapers via Marvel!
    • Marvel http://libraries.maine.edu/mainedatabases/info.asp#pq
    • Maine Newsstand
    • Index to and full text coverage of five Maine newspapers. Database includes coverage of the Bangor Daily News (12/3/92-present), the Kennebec Journal (Augusta) (6/11/93-present), the Portland Press Herald (10/30/95-present), and the Central Maine Morning Sentinel (Waterville) (8/12/93-present). Selected business coverage of the Maine Times (2/4/94-4/25/02) is also included. Updated daily.
    • ProQuest Newspapers
    • Provides the full text of more than 500 U.S. and international news sources. Includes The New York Times, Wall Street Journal, Boston Globe, and the Times of London, plus hundreds of other news sources and news wires. Years of coverage vary by title. Maine papers included: Bangor Daily News (1992+), Portland Press Herald (1995+), and selected business coverage from Maine Times (1994-2002) and Central Maine Morning Sentinel (1993-1997).
  • Marvel! Databases
    • Marvel! Maine’s Virtual Library
    • Use these databases to locate either abstracts
    • or full-text articles
    • http://libraries.maine.edu/mainedatabases/
    • Academic Search Premier
    • Provides full text for nearly 4,000 scholarly publications of which 3,100 are peer reviewed. Academic areas of study include: social sciences, humanities, education, computer sciences, engineering, language and linguistics, arts & literature, medical sciences, and ethnic studies.
  • Other Marvel! Databases
    • Business and Company Resource Center
    • Fully integrated resource bringing together company profiles, brand information, rankings, investment reports, company histories, chronologies and periodicals.
    • Business Source Premier
    • Provides full text for more than 2,800 scholarly business journals of which 912 are peer reviewed. Coverage includes: management, economics, finance, accounting, international business and much more. Also includes company profiles, industry reports, market research and investment reports.
    • EconLit
    • Economic literature including accounting, capital markets, econometrics, economic forecasting, government regulations, labor economics, monetary theory, and urban economics.
    • Regional Business News
    • A collection of news information from all over the world. Information provided by these sources covers business, political, economic and other diverse, international news events. This resource contains the most recent 30 days of information from each of these wire sources. Several hundred articles are added to Regional Business News database each day.
  • Databases/Online Resources-UMPI
    • Academic Universe
    • Access UN
    • ADAMS (Agencywide Documents Access and Management System)
    • Admiralty and Maritime Law Guide
    • Archive of European Integration
    • Avalon Project at Yale Law School
    • Collection of Laws for Electronic Access
    • Collection of National Copyright Laws
    • Congressional Bills
    • Directory of Bills (Maine State Legislature)
    • Legislative Reports (Maine State Legislature)
    • LexisNexis Academic
    • Maine Revised Statutes
    • Maine Superior Court Decisions
    • National Criminal Justice Reference Service Abstracts Database
    • New York Times Historical
    • Official documents of the United Nations
    • United States State Materials
  • Databases at UMPI
    • Academic Universe
    • Searchable index providing full-text access to current news, business information, company directories, federal and state laws, regulations, legal cases, general medical and health topics.
    • LexisNexis Academic
    • Provides full-text documents from over 5,900 sources, including: · National and regional newspapers, wire services, broadcast transcripts, international news, and non-English language sources · U.S. Federal and state case law, codes, regulations, legal news, law reviews, and international legal information. Shepard's Citations for all U.S. Supreme Court cases back to 1789. Business news and journals, company directories and financial information, SEC filings and reports, international economic and market data and analysis, and industry and market news.
    • http://libraries.maine.edu/mariner/marindexesdb/alphalist.asp?Loc=pi
  • Maine Policy Review
    • Published by the Margaret Chase Smith Policy Center,
    • University of Maine.
    • Online at www.umain.edu/mcsc/mpr.htm
    • Also available in print by subscription.
  • If you need assistance
    • Gail Roy, Assistant Dean of Learning Resources
    • [email_address]
    • 768-2734
    • Kim Ferguson, Librarian
    • 768-2735
    • [email_address]
  • Finding this Presentation Online
    • This presentation has been posted online and may be viewed, downloaded, and printed.
    • http://www.slideshare.net/PresqueIsleLibrary/legal-information-presentation
    • http://www.slideshare.net/PresqueIsleLibrary/slideshows
    • Create you own free account on Slideshare.net and post your PowerPoint presentations online.
  • Additional Information:
    • How to Read a Citation
    • http://www.library.southernct.edu/lawcasecite.html
    • Shepard’s Citations for Case Law
    • http://www2.lib.udel.edu/subj/godc/resguide/shep.htm
    • How to Read a Legal Opinion and Common Reporters for
    • Federal and State Cases
    • http://www.law.csuohio.edu/lawlibrary/resources/lawpubs/HowtoReadaLegalCitation.html
    • How to Read A Legal Opinion
    • http://volokh.com/files/howtoreadv2.pdf
    • Remember to ask for help at the library!
    • Good Luck!