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Nursing home law_v4
This document provides an introduction to various aspects of nursing home law, including the different sources of law and how they relate. It discusses the three branches of government and concepts like federalism that determine what laws apply. It also outlines the primary sources of law, such as constitutions, statutes, regulations, and common law, as well as secondary sources that explain the law, like legal encyclopedias and dictionaries. Additionally, it covers legal research strategies and tools for finding relevant laws.
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Nursing home law_v4
- 1. Introduction to theLaw Focus on Nursing Home Law Neal R. Axton, Information Resources Summer, 2010
- 2. Finding “The Law” Primary Sources are “The Law” Secondary Sources explain “The Law” Secondary Sources also known as Legal Commentary
- 3. Three Branches ofGovernment Executive Legislative Judicial
- 4. Federalism National StateCounty City City State County County City City
- 5. Types & Sourcesof Primary Law Constitutions Statutes from Congress & Legislature Common Law / Case Law created by Courts Regulations from Administrative Agencies
- 6. Thinking Like aLawyer Jurisdiction International Federal Tribal State County Local Criminal vs. Civil Legal vs. Equitable Equitable remedies include injunctions & constructive trusts
- 7. Starting your SearchResearch Plan Where to Look Resources: Print & Online Legal vs. Non-Legal Determine jurisdiction & overlap Multiple Branches of Government Research Log Searches Results Dead Ends
- 8. Legal Dictionaries Explainslegal phrases Law sometimes uses Latin, French & even Old English phrases Black’s Law Dictionary Ballentine’s Legal Dictionary
- 9. Legal Encyclopedias CorpusJuris Secundum American Jurisprudence Dunnell Minnesota Digest
- 10. Legal Tools CongressLegislation & Statutes Executive (President) Veto & Signing Statements Executive (Agencies) Regulation & Enforcement Judiciary Interpretation & Gap Filling
- 11. Statutes Laws asenacted by Congress or Legislature Published: Slip Laws – individual laws Session Laws & Statutes at Large – chronological arrangement Codes – subject arrangement
- 12. Memes & MemoryPopular Names USA PATRIOT Act CAN SPAM Act Clean Water Act Superfund
- 13. Superfund Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980 (CERCLA) Public Law 96-510 510 th law passed by 96 th Congress Passed as House Resolution 96-773 & Senate Bill 1480 94 Stat. 2767 Volume 94, Statutes at Large, page 2767 Codified at Title 42 United States Code section 9601 et seq.
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- 15. Statutes – Federal& State National State County City City State County County City City
- 16. Laws from theLegislature
- 17. Statutes arranged byChapters
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- 21. Cyclical Nature ofLaw Congress Delegate Power to Agency Executive (President) Executive Orders Executive (Agencies) Implement Congress’ Vision Judiciary Ensure Agencies do not exceed authority
- 22. Executive Branch DocumentationCongress Legislation & Codification Executive (President) Executive Orders Executive (Agencies) Rule-Making Judiciary Injunctions & Invalidation
- 23. Federal & StateRegister Newspaper of the Government 5 days per week Print and Online Preamble and Regulation (aka Rule) Link to Website becoming Common Regulatory History and Intent Proposed Rule 60 days to comment Final Rule
- 24. Informal Rule-making ProcessProposed Rule Comment Period Final Rule
- 25. Subject Arrangement: CodificationFinal Rules = Power of Law Notice to Industry, Citizens, Counsel Minnesota Compilation of Final Rules Minnesota Rules Federal Compilation of Final Rules Code of Federal Regulations
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- 28. Regulations – Federal& State National State County City City State County County City City
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- 31. Regulatory Agenda Whatdo agencies plan to regulate in the next six months What regulations need updated Notice Fair Warning to Counsel
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- 34. Executive Branch DocumentationCongress Legislation & Codification Executive (President) Executive Orders Executive (Agencies) Rule-Making Judiciary Injunctions & Invalidation
- 35. Executive Orders in the Code of Federal Regulations Published for current year ONLY Title 3 of CFR Historically in Federal Register Collections of Presidential Papers My favorite site for Executive Orders: http://www.archives.gov/federal-register/executive-orders/ or http://bit.ly/1BsbGa
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- 41. Cyclical Nature ofLaw Congress Delegate Power to Agency Executive (President) Executive Orders Executive (Agencies) Formal & Informal Rule-Making Judiciary Interpret the Law Hold Agencies Accountable
- 42. Case Law ResearchReporters – contains the text judicial opinions Digests – subject access to cases Law Reviews – Legal Articles Treatises – Book Length Treatment
- 43. Case Citations UseCase Citation to find Case Example: Kroschel v. City of Afton, 524 N.W.2d 719 (Minn. 1994)
- 44. Parts of aJudicial Decision Parties Docket Number Dates Argued & Decided Attorneys & Judges Synopsis Headnotes Text of Decision
- 45. Questions or Comments[email_address] [email_address]
Editor's Notes
- #3 Our focus here is on Primary Resources, but as you get into legal research, you will find that the secondary sources are extremely important also.
- #8 Going to look at a quick example of how this research would play out (go through slide) All Codes will have index volumes – look up the terms you think are relevant to the issues in the index, that will refer you to the appropriate code sections Not going to take the time to do the brainstorming on this problem…you’ll get a chance to do that with the library exercise
- #9 Descriptive Word Index – usually located at the end of the digest set (Go through slide) So let’s go ahead and see how the digest works…
- #43 Turn our attention to case law research… Two main types of tools we use when researching case law Reporters – cases published chronologically as they come out 5 million reported cases, over 100,000 new cases each year – even if you heard there was a case on point for your research that came out last year…wouldn’t want to go through case by case to find it Digests – finding tool which provides subject access cases published in the reporters Basically a subject index to case law – look up topic and find references to cases on that topic
- #44 Cases are found using the “case citation” you have probably already seen these in your reading… Address for the case In this case…P.2d is the abbreviation for the Pacific Reporter, 2 nd series.
- #45 Get a lot of information at the start of the published case… Docket Number – assigned when the case enters the court system – stays with the case synopsis and headnote are terms that may not be familiar to you… we’ll look at what those are in a minute Decision – what we look at to see how the court has applied or interpreted the law in a specific instance.