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Introduction to the Law Focus on Nursing Home Law Neal R. Axton, Information Resources Summer, 2010
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Transcript of Nursing home law_v4
Introduction to the Law
Focus on Nursing Home Law
Neal R. Axton, Information Resources
Summer, 2010
Finding “The Law”
Primary Sources are “The Law”
Secondary Sources explain “The Law”
Secondary Sourcesalso known as
Legal Commentary
Three Branches of Government
Executive
Legislative
Judicial
Federalism
National
State
County
City City
State
CountyCounty
CityCity
Types & Sources of Primary Law
• Constitutions• Statutes from Congress &
Legislature• Common Law / Case Law created
by Courts• Regulations from Administrative
Agencies
Thinking Like a Lawyer
• Jurisdiction– International–Federal–Tribal–State–County–Local
• Criminal vs. Civil• Legal vs. Equitable – Equitable remedies include
injunctions & constructive trusts
Starting your Search
• Research Plan– Where to Look•Resources: Print & Online•Legal vs. Non-Legal
• Determine jurisdiction & overlap• Multiple Branches of Government• Research Log– Searches– Results– Dead Ends
Legal Dictionaries
• Explains legal phrases
• Law sometimes uses Latin, French & even Old English phrases
• Black’s Law Dictionary
• Ballentine’s Legal Dictionary
Legal Encyclopedias
• Corpus Juris Secundum
• American Jurisprudence
• Dunnell Minnesota Digest
Legal ToolsCongress
Legislation &Statutes
Executive (President)
Veto & Signing Statements
Executive (Agencies)
Regulation &Enforcement
Judiciary
Interpretation &Gap Filling
Statutes
• Laws as enacted by Congress or Legislature
• Published:Slip Laws – individual laws
• Session Laws & Statutes at Large – chronological arrangement
• Codes – subject arrangement
Memes & Memory
• Popular Names– USA PATRIOT Act–CAN SPAM Act
– Clean Water Act– Superfund
Superfund• Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA)
• Public Law 96-510– 510th law passed by 96th 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.
http://www.law.cornell.edu/uscode/topn/
Statutes – Federal & State
National
State
County
City City
State
CountyCounty
CityCity
Laws from the Legislature
Statutes arranged by Chapters
Chapters 144-46
Chapter 144A
Chapter 144G
Cyclical Nature of LawCongress
Delegate Power to Agency
Executive (President)
Executive Orders
Executive (Agencies)
Implement Congress’ Vision
Judiciary
Ensure Agencies do not exceed
authority
Executive Branch DocumentationCongress
Legislation &Codification
Executive (President)
Executive Orders
Executive (Agencies)
Rule-Making
Judiciary
Injunctions& Invalidation
Federal & State Register• 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
Informal Rule-making Process•Proposed Rule
•Comment Period
•Final Rule
Subject Arrangement: Codification
• Final 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
Minnesota Rules
Regulations – Federal & State
National
State
County
City City
State
CountyCounty
CityCity
Free and Current!
Regulatory Agenda
• What do agencies plan to regulate in the next six months• What regulations need updated• Notice • Fair Warning to Counsel
Federal Regulatory Agenda
Executive Branch DocumentationCongress
Legislation &Codification
Executive (President)
Executive Orders
Executive (Agencies)
Rule-Making
Judiciary
Injunctions& Invalidation
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
Browse and Update!
Currency
Recent Executive Orders
Federal Register
Cyclical Nature of LawCongress
Delegate Power to Agency
Executive (President)
Executive Orders
Executive (Agencies)
Formal & Informal
Rule-Making
Judiciary
Interpret the Law
Hold Agencies Accountable
Case Law Research
• Reporters – contains the text judicial opinions
• Digests – subject access to cases
• Law Reviews – Legal Articles
• Treatises – Book Length Treatment
Case Citations
• Use Case Citation to find Case
• Example:
Kroschel v. City of Afton, 524 N.W.2d
719 (Minn. 1994)
Parts of a Judicial Decision
• Parties• Docket Number• Dates Argued & Decided• Attorneys & Judges• Synopsis• Headnotes• Text of Decision
