Legal Research III: Commercial Online Sources



Exercise 1. What’s in Lexis

1. How far back can you search for Maryland Court of Appeals cases?

2. Where can you find the jury instructions for negligent entrustment of a motor vehicle?

3. What database would you use to search for an article in The Capital or the Daily Record?

4. What is subject of Md Code, Real Property § 14-130?

5. What book would include Maryland’s elements for the tort of defamation?

6. Where could you find a sample pleading/complaint form for a civil suit?

Legal Research III: Commercial Online Sources

Exercise 1. What’s in Lexis and Answers

1. How far back can you search for Maryland Court of Appeals cases?

o 1658

2. Where can you find the jury instructions negligent entrustment of a motor vehicle?

o Maryland Civil Pattern Jury Instructions

o Chapter Eighteen Motor Vehicles

o 18:5 Negligent Entrustment

3. What database would you use to search for an article in The Capital or the Daily Record?

o Maryland News Publications

4. What is the subject of Md. Code, Real Property § 14-130?

o Installation and use of clotheslines on residential property.

5. What book would include Maryland’s elements for the tort of defamation?

o Maryland Tort Law Handbook

o § 6.1 Elements of Defamation

6. Where could you find a sample pleading/complaint form for a civil suit?

o Maryland > Search Forms & Drafting Instructions > Maryland Practice Forms (MICPEL) > II. Civil -- Initial Pleadings

Legal Research III: Commercial Online Sources

Exercise 2: Finding a Case and Using Shepard’s

1. Using “Find a Document” by citation locate 85 Md. App. 176.

a. Is this case considered “good law”?

b. Using Shepard’s, find the case that overturned part of the previous decision in 85 Md. App. 176?

2. Using “Find a Document by party name find case with Rogowski as a party.

a. Is this case “good law?

b. What Maryland treatise/book cites this case?

3. Locate and Shepardize Md. Code Ann., Criminal Law § 3-204 Reckless endangerment.

a. What recent case interpreted this statute?

Legal Research III: Commercial Online Sources

Exercise 2: Finding a Case and Using Shepard’s and Answers

1. Using “Find a Document” by citation locate 85 Md. App. 176.

a. Is this case considered “good law”?

No

b. Using Shepard’s, find the case that overturned 85 Md. App. 176?

Alston v. Alston, 331 Md. 496 (1993)

2. Using “Find a Document by party name find case with Rogowski as a party.

c. Is this case “good law?

Yes

d. What Maryland treatise/book cites this case?

Maryland Tort Law Handbook

3. Locate and “Shepardize” Md. Code Ann., Criminal Law § 3-204 Reckless endangerment.

What is the most recent case that interpreted this case?

State v. Kanavy, 416 Md. 1, 4 A.3d 991 (2010)

Legal Research III: Commercial Online Sources

Exercise 3: Case Law Questions

Class Example:

Do Maryland courts have jurisdiction over online gaming sites?

Beyond Sys. v. Realtime Gaming 388 Md. 1 (2005)

1. Under Maryland law, are lottery winnings considered marital property when the winning ticket was acquired just weeks before a final divorce decree.

Alston v. Alston, 331 Md. 496 (1993)

2. Under Maryland law, can a public school principal order a search of all school lockers without a warrant when he or she believes that students may have illegal drugs or weapons in their lockers.

In re Patrick Y., 124 Md. App. 604 (1999)

3. What recent case said the MVA could use expunged records to deny a person a driver’s license

Headen v. Motor Vehicle Admin, No. 2009-42 , 2011 Md. LEXIS 151 (Mar. 28, 2011)

Legal Research III: Commercial Online Sources

Exercise 3: Case Law Exercises and Answers

Class Example:

Do Maryland courts have jurisdiction over online gaming sites?

Terms and Connectors

(jurisdiction OR authority) /50 (online OR internet OR WWW or “World Wide Web”) /50 gaming

Lexis Headnotes

Civil Procedure > Jurisdiction > Personal Jurisdiction & In Rem Actions > General Overview

Terms: (online OR internet OR WWW or “World Wide Web”)

Beyond Sys. v. Realtime Gaming 388 Md. 1 (2005)

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1. Under Maryland law, are lottery winnings considered marital property when the winning ticket was acquired just weeks before a final divorce decree.

Terms and Connectors

(lottery OR lotto) /50 win! /50 “marital property” /50 divorce

Lexis Headnotes

Family Law > Marital Termination & Spousal Support > Dissolution & Divorce > Property Distribution

Terms: (“lottery OR lotto)

Alston v. Alston, 331 Md. 496 (1993)

2. Under Maryland law, can a public school principal order a search of all school lockers without a warrant when he or she believes that students may have illegal drugs or weapons in their lockers.

Terms and Connectors

“public school” AND (principal OR “school official”) AND (search OR “search warrant” OR warrantless) AND locker

Lexis Headnote

Criminal Law & Procedure > Search & Seizure > Warrantless Searches > School Searches

Terms: locker

In re Patrick Y., 124 Md. App. 604 (1999)

3. What recent case said the MVA could use expunged records to deny a person a driver’s license?

Terms and Connectors

MVA AND expung! AND license

Lexis via Headnotes

Transportation Law > Private Vehicles > Operator Licenses > Revocation & Suspension

Transportation Law > Private Vehicles > Operator Licenses > Issuance & Renewal

Headen v. Motor Vehicle Admin, No. 2009-42 , 2011 Md. LEXIS 151 (Mar. 28, 2011)

Legal Research III: Commercial Online Sources

Exercise 4 Searching Across Databases

1. A Maryland real estate broker is convicted of criminal child abuse. As a result of his conviction the Maryland Real Estate Commission, revokes his license. Where can you find the grounds required to revoke a Maryland real estate broker’s license?

2. The broker wishes to contest the action revoking his license Real Estate Commission. Who would hear the appeal? FYI, the Maryland Real Estate Commission is part of Department of Labor, Licensing, and Regulation.

3. What recent Court of Appeals case said that the Maryland Real Estate Board could revoke a broker’s license for child abuse convictions that were unrelated to his work as a real estate agent?

Legal Research III: Commercial Online Sources

Exercise 4: Searching Across Databases and Answers

1. A Maryland real estate broker is convicted of criminal child abuse. As a result of his conviction the Maryland Real Estate Commission, revokes his license.

Where can you find the grounds required to revoke a Maryland real estate broker’s license?

o Md. Code Business and Occupations § 17-322. Denials, reprimands, suspensions, revocations, and penalties – Grounds

o Search string: revok! /20 "real estate" /20 licens!

2. The broker wishes to contest the action revoking his license Real Estate Commission. Who would hear the appeal? FYI, the Maryland Real Estate Commission is part of Department of Labor, Licensing, and Regulation.

o COMAR 09.01.03.01

o Title 09. Department of Labor, Licensing, and Regulation

o Subtitle 01. Office of the secretary

o Chapter 03. Hearings delegated to the office of administrative hearings

o .01 Scope. Except as provided in § B of this regulation, this chapter governs contested case hearings that an administrative unit has delegated to the Office of Administrative Hearings for a proposed decision under State Government Article, § 10-205, Annotated Code of Maryland.

o Use Table of Contents

Code of Maryland Regulations > Title 09. Department Of Labor, Licensing, And Regulation > Subtitle 11. Real Estate Commission > Chapter 03. Hearing Regulations > .02 Hearings Delegated To The Office Of Administrative Hearings.

3. What recent Court of Appeals case said that the Maryland Real Estate Board could revoke a broker’s license for child abuse convictions that were unrelated to his work as a real estate agent?

o Pautsch v. Md. Real Estate Comm'n, 2011 Md. LEXIS 668

o Limit to Court of Appeals, limit date to last 5 years

Search "real estate" /10 license

Legal Research III: Commercial Online Sources

Exercise 5: Searching Across Databases

1. The Department of the Environment has cited a sanitary landfill in Anne Arundel County for numerous violations. When the owner is very slow to correct the violations the Department of the Environment orders its closure. What regulation gives the Department of the Environment the ability to order the closure of a sanitary landfill? Bonus! if you can find the Statutory authority for the regulation.

2. The owner continues to operate the landfill despite and order from the Department of the Environment to shut down. The Department of the Environment takes the case to court. The Circuit Court of Anne Arundel County rules the owner in contempt of the court and issues constructive civil contempt order that imposes significant fines. Where can you find the definition of “constructive contempt?

3. The owner of the landfill believes fine in the contempt order was “grossly excessive” and an abuse of the court’s discretion. The total amount is over $70,000 Find a recent Court of Special Appeals case that says the circuit court fine for contempt was not excessive.

Legal Research III: Commercial Online Sources

Exercise 5: Searching Across Databases and Answers

1. The Department of the Environment has cited a sanitary landfill in Anne Arundel County for numerous violations. When the owner is very slow to correct the violations the Department of the Environment orders its closure. What regulation gives the Department of the Environment the ability to order the closure of a sanitary landfill? Bonus! if you can find the Statutory authority for the regulation.

o COMAR 26.04.07.21

Title 26. Department of Environment

Subtitle 04. Regulation Of Water Supply, Sewage Disposal, And Solid Waste

Chapter 07. Solid Waste Management

o MD Code Environment Article, §§ 9-204, 9-252, and 9-314

o Search string: clos! /20 "sanitary landfill"

2. The owner continues to operate the landfill despite and order from the Department of the Environment to shut down. The Department of the Environment takes the case to court. The Circuit Court of Anne Arundel County rules the owner in contempt of the court and issues constructive civil contempt order that imposes significant fines. Where can you find the definition of “constructive contempt” as defined by the Maryland Rules.

o Md. Rule 15-202 (2011)

o Search string: contempt /50 defini!

3. The owner of the landfill believes fine in the contempt order was “grossly excessive” and an abuse of the court’s discretion. The total amount is over $70,000 Find a recent Court of Special Appeals case that says the circuit court fine for contempt was not excessive.

o Gertz v. Md. Dep't of the Env't, 199 Md. App. 413 (2011)

o Search string: “grossly excessive" /50 "contempt order"

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