Locating the Law 4th Edition CHAPTER: 11 SELF-HELP BOOKS & WEB SITES FOR THE NON-LAWYER IN CALIFORNIA (This chapter revised 10/01)
There has been a virtual explosion of legal information for the non-lawyer in both print and electronic formats since the previous edition of this book was published in 1995. At that time, Nolo Press was the primary source to turn to for books that might help in interpreting the legalese of the primary materials (laws, cases and regulations) or learning how to proceed in handling a legal matter; i.e., filing a lawsuit, responding to a summons, establishing copyright protection, changing your name, etc. Today, more publishers have delved into this field and, thanks to the Internet, what is available on the Internet not only supplements, but often replaces, what is available in print. What this chapter aims to provide is a selective bibliography of law oriented books and related web sites aimed at providing guidance to the non-attorney and non-law librarian in California. These are books and web sites which have proven their reliability over a course of years to law librarians in California. The titles or web sites are arranged under the headings of: Art Law, Bankruptcy, Business Law, Consumer Law, Contract Law, Copyright, Patent & Trademark Law, Civil Procedure & Litigation, Criminal Procedure, Employment Law, Estate & Financial Planning, Family Law, Forms, Immigration, Landlord/Tenant Law, Legal Research, Locating Lawyers (Free legal assistance), Public Record Data, Real Property Law, Social Security, Tax & Veterans Benefits. One word of caution: laws are continually changing; publishers attempt to keep their resources current, but it is sometimes beyond their control. The books and web sites listed are current as of April, 2001. The books should be available at any large county law library (see Appendix A for locations) or through your local bookstores.
ART LAW
California Lawyers for the Arts. Santa Monica, CA. (310) 998-5590 or http://www.calawyersforthearts.org Pro bono attorneys contribute to seminars on topics of interest to artists; i.e., formation of a non profit corporation, new media, taxation, etc. Program materials from these seminars are subsequently available for purchase. Crawford, Tad. Business and Legal Forms for Authors and Self-Publishers, Fine Artists, Graphic Designers, Illustrators, New York: Allworth Press. 1999. Forms are mainly contracts (author-agent, privacy, release, permission, etc.) Forms are available as tear-out pages in the book and on CD-ROM. The book is recommended by California Lawyers for the Arts. Klayman, Toby Judith and Cobbett Steinberg. The Artists’ Survival Manual (a Complete Guide to Marketing Your Work.) http://www.goldwarp.com/klayman 11-1
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Advice for the visual artist, including a selection of contract forms for transfer of ownership, consignment, etc. Norwick, Kenneth P. and Jerry Simon Chasen. The Rights of Authors, Artists and Other Creative People: the Basic ACLU Guide to Author and Artist Rights, 2nd ed. ACLU. 1992. Stim, Richard. Music Law – How to Run Your Band’s Business, Book with disk. Berkeley, CA: Nolo Press. 2000. How to book performances, copyright song lyrics, sign contracts, write a band partnership agreement.
BANKRUPTCY
Elias, Stephen, Albin Renauer, and Robin Leonard. How to File for Chapter 7 Bankruptcy, 9th ed., Berkeley, CA: Nolo Press. 2001. Information on when and how to file your own bankruptcy. Gives details on what are exempt assets, and non-dischargeable debts, what you get to keep and what you have to give back, how bankruptcy will affect your credit rating in the future, and whether or not bankruptcy is the proper course for you to take. All forms and instructions necessary for filing are included. Leonard, Robin. Bankruptcy – Is it the Right Solution to Your Debt Problems? Quick and Legal Series, Berkeley, CA: Nolo Press. 2000. Examines the pros and cons of filing for bankruptcy, various kinds of bankruptcy and several alternatives to filing. Leonard, Robin. Chapter 13 Bankruptcy, Repay Your Debts, 4th ed., Berkeley, CA: Nolo Press. 2000. Chapter 13 bankruptcy allows debtors to reorganize their debts without losing their property. Sample letters to creditors, tear out forms and step by step instructions to fill out are included.
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Leonard, Robin. Credit Repair, Quick and Legal Series, 4th ed., Book with disk. Berkeley, CA: Nolo Press. 2000. Sample credit reports from the three major credit bureaus, tips on how to detect and fix credit reporting errors, state by state credit reporting laws. Forms as tear-outs and on disk. Leonard, Robin. Money Troubles, Legal Strategies to Cope with Your Debts, 6th ed., Berkeley, CA: Nolo Press. 2000. Practical strategies for getting out of debt with worksheets and charts for calculating debts and expenses and creating a repayment plan. United States Code/Title 11: http://www4.law.cornell.edu/uscode/11/ Cornell Law School’s web site provides a searchable version of the Code. United States Courts: http://www.uscourts.gov/bankform/index.html Official bankruptcy forms available for downloading with adobe acrobat.
BUSINESS LAW (CORPORATIONS, LIMITED LIABILITY COMPANIES & PARTNERSHIPS, NON PROFITS)
Better Business Bureau: http://www.bbb.org. Locate your local better business bureau, get information about a company, file a complaint about a company, etc. California Secretary of State: http://www.ss.ca.gov; California Secretary of State web site provides step by step instructions for starting a business in California. On the home page of the web site, click on “California Business Portal” and make desired selection(s). Clifford, Dennis, and Ralph Warner. The Partnership Book, 5th ed., With disk. Berkeley, CA: Nolo Press. 2000. Discusses all aspects of partnership law including getting started, types of agreements, financial considerations, tax considerations, valuation of assets at death of a partner, expansion planning, and limited partnership. Sample clauses included. Daily, Frederick. Tax Savvy for Small Business, 4th ed., Berkeley, CA: Nolo Press. 2000. Home office deductions’ rules, maximizing fringe benefits, and surviving an audit. Book is also available on CD-ROM.
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Mancuso, Anthony. The California Nonprofit Corporation Kit, 2nd ed. California ed., Berkeley, CA: Nolo Press. 2000. with corporate records binder and disk. Step-by-step instructions on how to choose a name, draft articles and bylaws, and attain favorable tax status to get your non-profit corporation started. Comes complete with all necessary forms and 10 memberships certificates. Mancuso, Anthony. Form Your Own Limited Liability Company, 2nd ed., Book with disk. Berkeley, CA: Nolo Press. 1998. How to set up a limited liability company in any state, including how to choose a valid name, prepare and file articles of organization, or manage an LLC. Mancuso, Anthony. How to Form a Nonprofit Corporation in California, (Formerly the California Nonprofit Corporation handbook.) 9th ed. Berkeley, CA: Nolo Press. 2000. Book with CD-ROM. Outlines steps necessary to obtain federal 501c3 status. CDROM contains forms such as the federal tax exemption and state FTB tax exemption application forms. The book also identifies online sources of nonprofit tax and legal information. Mancuso, Anthony. How to Form Your Own California Corporation, 9th ed., Berkeley, CA: Nolo Press. 1998. Book with disk. Mancuso, Anthony. Nolo’s California Quick Corp – Incorporate Your Business Without a Lawyer. Quick and Legal Series, 1st ed., Berkeley, CA: Nolo Press. 1999. Learn how to prepare and file Articles of Incorporation, prepare by-laws and issue stock certificates. Mancuso, Anthony. Nolo’s Quick LLC (Quick and Legal Series), 1st ed., Berkeley, CA: Nolo Press. 2000. Essential information for business owners in any state. How LLCs are formed by filing article of organization with the state, the required ongoing legal and tax paperwork, choosing between a member run or manager run LLC with URLs and phone numbers for where to get required LLC forms. Mancuso, Anthony. Your Limited Liability Company, An Operating Manual, 1st ed., Berkeley, CA: Nolo Press. 1999. Advises business owners how to maintain the legal validity of their LLC including tips on preparation of management minutes and how to fill out an LLC records book. State LLC statutes and state filing office locations are included. Forms are reprinted in the book and on accompanying disk.
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Pakroo, Peri H. Open Your California Business in 24 Hours, 2nd ed., Berkeley, CA: Nolo Press. 2000. Book with CD-ROM. The complete start up kit. CD-ROM includes a sample partnership agreement, county, state and tax forms, and instructions for filling them out. Steingold, Fred S. and Janet Portman. Leasing Space for Your Small Business, 1st ed., Berkeley, CA: Nolo Press. May 2000. How to analyze space needs, negotiate with an experienced landlord, read the small print in a lease, end a lease early, and respond to an eviction notice. Steingold, Fred S. Legal Guide for Starting and Running a Small Business, 6th ed., Berkeley, CA: Nolo Press. 2001. v.1 Nuts and bolts guide for running your business day to day. Steingold, Fred S. Legal Guide for Starting and Running a Small Business, vol. 2 – Legal Forms, 1st ed., Berkeley, CA: Nolo Press. 1997. Employment forms and contracts, promissory notes, commercial lease forms, IRS forms. (Book with disk.)
CIVIL PROCEDURE & LITIGATION (ENFORCING JUDGMENTS, SUPERIOR & APPELLATE COURT PRACTICE, TRAFFIC & SMALL CLAIM PROCEDURE, DEALING WITH TROUBLESOME NEIGHBORS & ANIMALS).
American Arbitration Association. http://www.adr.org. A non-profit provider of dispute resolution services. The web site has news, rules for commercial and civil arbitration and links to additional resources on mediation. Bergman, Paul & Sara J. Bergman-Barrett. Represent Yourself in Court: How to Prepare & Try A Winning Case, 3rd ed., Berkeley, CA: Nolo Press. 2001. How to handle a civil court case from start to finish. Includes analyzing whether you have a good case, lining up witnesses, how to present testimony, how to cross-examine opponents, and many other aspects of litigation. Brown, David. Beat Your Ticket, Go to Court and Win, 1st California ed., Berkeley, CA: Nolo Press. 1999. In addition to comprehensive information on how traffic court works, this book has step-by-step procedures on how to prepare your case, develop evidence, go to court, argue before a judge and appeal if convicted. Also includes detailed information on speeding tickets, drunk driving arrests, radar defenses, and license suspension hearings.
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Brown, David. Fight Your Ticket and Win, 8th California ed., Berkeley, CA: Nolo Press. 1999. How to read your ticket and decide whether to fight the ticket or hire an attorney. California Department of Consumer Affairs. Do’s and Don’ts of Using the Small Claims Court. 2001. It is available at the small claims court clerk’s office or by sending a self-addressed 7 X 10 stamped envelope to “Using the Small Claims Court,” P. O. Box 310, Sacramento, CA 95802 or through their web site at http://www.dca.ca.gov/legal/small_claims. The Department of Consumer Affairs has publications on a variety of concerns to consumers; i.e., contracts, credit, hiring contractors, smog, etc. California Judicial Council. California courts self-help center http://www.courtinfo.ca.gov./selfhelp. The site is “intended to help a person find legal assistance, learn about California law, work better with an attorney, and represent yourself in some legal matters”. The site does not provide legal advice. Hurst, Royce and Mark Wurda. How to Win in Small Claims Court in California, Naperville, IL: Sphinx Publishing. 1998. Presents all the steps from filing, preparing and presenting a case through collecting a judgement. Jordan, Cora. Neighbor Law: Fences, Trees, Boundaries & Noise, 3rd ed., Berkeley, CA: Nolo Press, 1998. This book answers the few basic questions which often trouble neighbors: another's fences, trees, boundaries and noise. It helps you resolve disputes without a lawyer. Matthews, Joseph. How to Win Your Personal Injury Claim, 3rd ed., Berkeley, CA: Nolo Press. 1999. How to protect your rights after an accident, how to evaluate what the claim is worth, how to negotiate a fair settlement and more. Randolph, Mary. Dog Law, 3rd ed. Berkeley, CA: Nolo Press. 1997. Covers questions dog owners need answered concerning the rights and responsibilities of their animals, including dog bites, barking, veterinarians, landlords and leashes. Scott, Gini Graham and Robin Leonard. How to Collect When You Win a Lawsuit, 4th ed., Berkeley, CA: Nolo Press. 1999. Nineteen ways to collect. Judicial Council forms are included.
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Warner, Ralph. Everybody’s Guide to Small Claims Court in California, 13th ed., Berkeley, CA: Nolo Press. 1998. This book guides you step-by-step through Small Claims procedure, providing practical information on how to evaluate your case, file and serve the papers, prepare and present the case, and then collect when you win. Several types of cases are discussed, including landlord-tenant and vehicle accident. U. S. Courts. Post Judgment Interest Rates, http://www.uscourts.gov/postjud.html Access rates from the most recent auction of 52 week Treasury bills.
CONSUMER & INDIVIDUAL RIGHTS
American Civil Liberties Union (ACLU): http://www.aclu.org. Wye Mills, Maryland: ACLU Publications, 800-775-ACLU. Visit organization web site to identify resources on a multitude of legal based consumer based concerns; i.e., rights of the poor, families, Indians and tribes, public employees, the right to privacy, and the rights of women, lesbians and gay men. Consumer.gov: http://www.consumer.gov. Links to resources for consumer information from the federal consumer information center- food, product safety, health, home and community, money, transportation, children, careers, etc. It describes itself as a one-stop link to a broad range of federal resources available on-line. Consumer Action Handbook. Federal Consumer Information Center, Pueblo, Co. 2001. http://www.pueblo.gsa.gov/crh/respref.htm. Visit the web site to download or order free copies of this handbook or other publications dealing with corporations, automobiles, utilities, securities, banking and insurance. Consumer’s Resource Handbook, 1998-1999. Washington, D.C.: Consumer Information Center of the U. S. General Services Administration. Consumer advice on a wide range of topics plus thousands of names, address and telephone numbers, email addresses and web sites for national business organizations, state and local consumer protection offices, state and federal agencies and military consumer offices. National Consumer Law Center: http://www.consumerlaw.org/links.html Non-profit corporation offers technical assistance, publications and training to lawyers. According to the agency’s web site, attorneys from all over the world view the center’s books as authority for consumer law.
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Rubinstein, William B. The Rights of People Living with HIV Disease and AIDS, Carbondale, IL: Southern Illinois University Press. 1996. HIV discrimination in the workplace, in housing and in access to health care and health care decisions. Tenants Union: http://www.tenantsunion.org/tulist.html A guide to state tenants’organizations.
CONTRACTS
Fishman, Stephen. Consultant and Independent Contractor Agreements, 2nd ed., Berkeley, CA: Nolo Press. 2000. Book with disk. Includes forms and electronic agreements in the book and on CD-ROM. Stim, Richard. Music Law – How to Run Your Band’s Business, 1st ed., Berkeley, CA: Nolo Press. 1999. Book with disk. How to book performances, copyright song lyrics, sign contracts, write a band partnership agreement. Includes forms as tear-outs and on CD-ROM. Fishman, Stephen. Working for Yourself, 3rd ed., Berkeley, CA: Nolo Press. 2000. Includes sample agreements, forms, lists of state sales tax agencies and state offices which provide small business help. Also covers insuring your business, record keeping and pricing your services.
COPYRIGHT LAW (TRADEMARKS & PATENTS)
Fishman, Stephen. The Copyright Handbook: How to Protect and Use Written Works, 5TH ed., Berkeley, CA: Nolo Press. 2000. With CD-ROM. This book provides step-by-step instructions and forms for protecting all types of written works under both U.S. and international copyright law. It also covers fair use and copyright infringement. Fishman, Stephen. Software Development: A Legal Guide with CD-ROM, 2nd ed., Berkeley, CA: Nolo Press. 1998. With disk. Copyright, trade secret and patent protection, software development and publishing agreements. Sample agreements and contracts are also included on an accompanying disk
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Library of Congress web site (http://lcweb.loc.gov/copyright) provides copyright laws, regulations, copyright forms, copyright legislation, copyright links to GPO Access, WIPO and URAA agreements. U.S. copyright office records are available for searching at this web site from 1978 to date. This includes COHM (all materials except serials and documents), COHD (documents) and COHS (serials). For the period, 1891 to 1978, check the Catalog of Copyright Entries available at many larger public libraries. The Copyright Office web site cautions users about the inconclusiveness and exceptions in conducting copyright investigations. Many public libraries are equipped to assist users in searching copyright records and the office will provide searches and other records for a fee set by statute. McGrath, Kate & Stephen Elias. Trademark: Legal Care for Your Business and Product name, 5th ed., Berkeley, CA: Nolo Press. 2000. This book is designed for the small business as it shows how to trademark the name of a service or product. The procedures for conducting a trademark search and registering a trademark are also covered, as well as the necessary forms and instructions. Pressman, David. Patent It Yourself, 8th ed., Berkeley, CA: Nolo Press. 2000. Step-by-step procedures for protecting, patenting and selling an invention. Covers use, licensing and marketing advice. Contains forms and a bibliography of related materials. Stim, Richard. Getting Permission, 1st ed., Berkeley, CA: Nolo Press. 2000. Book with disk. Subtitled “ how to license and clear copyrighted materials online and off," the book includes agreements as tear-outs and on disk, for the authorized use of text, photographs, artwork and music with hyperlinking agreements and internet research suggestions. Strong, William S. The Copyright Book: A Practical Guide, 5th ed., Cambridge, Mass: MIT Press. 1999. Described as a plain English guide for writers, scholars, composers, artists and anyone whose life or career is affected by copyright. Thomson & Thomson. Large fee based service for locating patents and trademarks. Web site provides IP news and links for signing up for SAEGIS, their electronic search service. http://www.thomson.com
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U. S. Patent & Trademark Office: Official home page of the office http://www.uspto.gov with instructions on how to search for trademarks and patents and apply for patent and trademark rights. Electronic information is available under categories of patent grants and patent applications. Grants are searchable in full text since 1976; applications are searchable from March 15, 2001. The trademark electronic application system (TEAS) allows online application filing through e-teas or printeas if the form cannot be filed electronically. To discover if a trademark is previously registered electronically, select TESS (U.S. Trademark Electronic Search System) from the home page of the Patent and Trademark Office. TESS contains more than 3 million pending, registered and dead federal trademarks.
CRIMINAL LAW
Siegel, Warren. How to Seal Your Juvenile Criminal Records, 7th California ed., Berkeley, CA: Nolo Press. 2000. What a criminal record is and what harm it can do to future employment is explained. How to seal, modify or destroy a criminal record; the three strikes law; and possible scenarios concerning juvenile court records and marijuana possession records that predate 1976.
EMPLOYMENT LAW
Ball, Christopher A. Take Charge of Your Workers’ Compensation Claim, 2nd California ed., Berkeley, CA: Nolo Press. 1997. Outlines steps in filing a claim, dealing with insurance companies and presenting a case at a hearing and instructions on how to rate a disability using the new workers’ comp rating manual. Guerin, Lisa and Patricia Gima. Nolo’s Pocket Guide to California Law, 6th ed., Berkeley, CA: Nolo Press. 1999. Everyday legal questions are addressed in this reference guide. Petrocelli, William and Barbara Kate Repa. Sexual Harassment On The Job: What It Is and How To Stop It, 4th ed., Berkeley, CA: Nolo Press. 1999. Covers all aspects of sexual harassment in the workplace. Gives specific strategies to end it, including filing complaints. Also guides employers in developing policies against sexual harassment and includes information on the latest Supreme Court decisions, EEOC procedures, and summaries of relevant state laws.
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Steingold, Fred S. The Employer’s Legal Handbook, 4th ed., Berkeley, CA: Nolo Press. 2000. Advice on hiring, firing and other basics of employment law. Includes information on employee benefits, taxes and liability insurance, sexual harassment, worker privacy, ADA, employees’ rights of privacy in such matters as drug and alcohol testing, investigations of employee misconduct, and disclosure of employee files. Extensive references to statutes and case law in footnotes.
ESTATE & FINANCIAL PLANNING:
Clifford, Denis. Make Your Own Living Trust, 4th ed., Berkeley, CA: Nolo Press. 2000. With disk. How to avoid probate through the use of living trusts. Explains how living trusts work, how to create the trust and transfer property to it. Includes instructions and forms to create a basic living trust, a marital life estate trust and a back-up will. Not applicable in Louisiana. Clifford, Denis. Nolo’s Will Book, 3rd ed., Berkeley, CA: Nolo Press. 1997. With disk. Enables reader to prepare his/her own will, in every state except Louisiana. Lists legal requirements for making a valid will, discusses various types of wills, and includes a detailed discussion of what can be accomplished with a will. Advice on providing guardians and trusts for minor children. Includes will forms on disk and as tear-outs. Clifford, Denis and Cora Jordan. Plan Your Estate, 5th ed., Berkeley, CA: Nolo Press. 2000. Detailed information about the many aspects of estate planning. Information on estate and gift taxes, trusts, durable powers of attorney, living wills, funerals and burials. Not applicable to the state of Louisiana. Goldoftas, Lisa & Carolyn Farren. The Conservatorship Book, 3rd California ed., Berkeley, CA: Nolo Press. 1999. Helps people determine when to ask for a conservatorship if a family member or close friend becomes incapacitated. Provides instructions and forms for all steps required to begin and end a conservatorship as well as forms and reports required during a conservatorship. Hannon, Kerry. Getting Started in Estate Planning, New York: Wiley. 2000. The author, a former personal finance columnist for USA Today demystifies the complicated, often confusing world of estate planning, and offers basic strategies that everyone can use alone or with a professional planner to simplify the estate planning process.
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Nissley, Julia., How to Probate An Estate, 11th California ed., Berkeley, CA: Nolo Press. 2000. Written for the lay person who is responsible for guiding an estate through the probate process. Explains how to read a will, handle probate paperwork, collect benefits owed to the estate, pay bills and taxes and distribute property. Includes forms.
FAMILY LAW (SPOUSAL SUPPORT, CHILD SUPPORT, DOMESTIC VIOLENCE, GAY RIGHTS, ETC.)
Child support survival guide. Divorce Source, Allentown, Pa: http://www.divorcesource.com/promotions/lawyer/html. Provides functions and procedures of child support enforcement agencies, ways to enforce payment obligations from deadbeat parents, and a resource directory of CSE agencies in 50 states. Divorce Source offers publications on grandparent’s rights, child visitation, father’s rights, cohabitation, etc. Curry, Hayden, Denis Clifford, Robin Leonard and Frederick Hertz. A Legal Guide for Lesbian and Gay Couples, 10th ed., Berkeley, CA: Nolo Press. 1999. This practical book covers all the important legal aspects of living and working together as a gay/lesbian couple. Straightforward information explains the legal options and alternatives of: child custody and visitation rights; relating to former spouses; foster children and adoption; buying and selling houses; transferring deeds; dividing property; living-together arrangements; and planning for death. Included are sample letters, forms and agreements. Divorcehelp.com: http://www.divorcehelp.com. A divorce help-line and bookstore on-line. Also includes a short divorce course by Ed Sherman. Duncan, Roderic and Warren Siegal. How to Raise or Lower Child Support in California, 5th ed., Berkeley, CA: Nolo Press. 2000. Answers questions of entitlement to increase or decrease child support and how to change your existing order. Elder Law. Http://www.elderweb.com Elderweb has existed for seven years and includes over 6,000 reviewed links to topics such as long term care, finance and technology. Friedman, Gary. A Guide to Divorce Mediation, New York: Workman Publishing Company. 1993. Gives criteria for mediation ground rules, legal ramifications and where to find a mediator. Goldoftas, Lisa and David Brown. The Guardianship Book for California, 3rd ed., Berkeley, CA: Nolo Press. 2000. Covers legal responsibilities and duties of a guardian. Provides advice and forms on preparing and filing guardianship papers as well as advice on what to do during the guardianship hearing. Hunter, Nan D., Sherryl E. Michaelson and Thomas B. Stoddard. The Rights of Lesbians and Gay Men: The Basic Guide, ACLU 3rd ed., Carbondale, IL: Southern Illinois University Press. 1992. Ihara, Toni Ralph Warner, Living Together: A Legal Guide for Unmarried Couples, 10th ed., Berkeley, CA: Nolo Press. 2001. With disk. Comprehensive book on legal and social problems of the unmarried 11-12
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couple including living together arrangements, paternity statements, house purchase agreements, and the disposition of property after a breakup or death. The new edition also contains information on tax laws and laws relating to children born out of wedlock. Judicial Council. (California) Going to Court Without a Lawyer. For anyone handling their own noncontested divorce and separation. See http://www.courtinfo.ca.gov/programs/cfcc. Loeb, David and David Brown. How to Change Your Name, 8th California ed., Berkeley, CA: Nolo Press. 1999. This book comes complete with tear-out forms and instructions necessary for the court petition and change of name. The book is aimed at women who wish to retain their maiden names at marriage, regain maiden names after divorce, or alter children’s names, or those who wish to adopt a name more fitting to their lifestyles. Lyster, Mimi E., Child Custody, 3rd ed., Berkeley, CA: Nolo Press. 1999. Solutions for typical problems faced by separating parents with checklists, worksheets and forms. How to get the best possible result in your divorce. According to the publisher, this contains their best advice from over 25 years of helping people. Moss, Anne E. Pension Rights: What You Need to Know, Allentown, PA: Divorce Source. Pension rights of women upon divorce.
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Sherman, Ed. How to Do your Own Divorce in California, 25th ed., Occidental, CA: Nolo Press. 2001. Contains all the necessary court forms and instructions for an uncontested dissolution, a divorce which can be settled out of court. Coverage extends to how to start a divorce proceeding, differences between nullity, dissolution, summary dissolution, legal separation and the grounds for each. How to divide property is also discussed. Forms are included on an accompanying CD-ROM. Sherman, Ed and Robin Yeamans. How to Do Your Own Contested Divorce in California, Occidental, CA: Nolo Press. 2000. Subtitled "a guide for petitioners and respondents; Book 2, solve divorce problems in or out of courts.” This text will discuss orders to show cause, compelling discovery, at-issue memorandums, settlement conferences, motions to postpone trial, going to trial, and getting your judgment. Forms are included on an accompanying CD-ROM. West, Robin Page. How to Find the Right Divorce Lawyer, Allentown, PA: Divorce Source, Inc. http://www.divorcesource.com/promotions/lawyer/html A road map for finding an effective lawyer with tips on how to monitor their performance or fees. Woodhouse, Violet. Divorce & Money, Allentown, PA: Divorce Source, Inc. Practical guide to evaluating assets during divorce and how to negotiate a settlement that is fair to both sides. (Also available from Divorce Source web site – http://www.divorcesource.com) Zagone, Frank & Mary Randolph. How to Adopt your Stepchild in California, 5th ed., Berkeley, CA: Nolo Press. 2000. Book with CD-ROM. Instructions on how to prepare the necessary legal forms, including information on how to get the consent of the natural parent and how to conduct an abandonment proceeding. Contains facts about appearing in court and changing birth certificates. Sample forms and excerpts from California law are included in the book and on CD-ROM.
FORMS: (Also see topics: Copyright, Family Law and Legal Research)
Americanlegalnet.com: http://www.americanlegalnet.com. Subscription service from privately held Los Angeles based company which provides forms plus statutes, codes, court rules, etc.
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California Franchise Tax Board: http://www.ftb.ca.gov/forms/index.htm State agency's web site offers links to state tax forms from 1994 and electronic filing instructions. Links to federal forms, forms of other California agencies (Board of Equalization, State Controller and Employment Development Department) and tax forms for other states. California Judicial Council. http://www.courtinfo.ca.gov All California Judicial Council forms are available for downloading with Adobe Acrobat. California Secretary of State. http://www.ss.ca.gov Official state agency web site’s “California business portal” provides forms for licensing, voter registration, UCC forms, etc. Crawford, Tad. Business and Legal Forms for Authors and Self-Publishers, New York: Allworth Press. 1999. Includes sample contracts in the book and on the accompanying CD-ROM. Findlaw: http://techdeals.findlaw.com Agreements or links to agreements on other web sites’ (Caldera Systems, Red Hat, Netzero, and others) related to intellectual property, software licensing, trademarks, etc. Owned by West Group. Immigration: http://www.ins.usdoj.gov/graphics The INS online - forms, descriptions of immigration services and benefits, the complete text of immigration laws and federal regulations. Locations of INS field offices. Internal Revenue Service: http://www.irs.gov U. S. tax forms and publications are available at this web site. Legal Documents: http://www.legaldocs.com USA Law Publications, Inc. web site of legal and business forms – free and for-fee forms. Netlaw Libraries, Inc. http://www.netlawlibraries.com Subscription based service providing forms, cases, statutes and more. The occasional user can access the service for a daily fee. California Judicial council forms can be completed on-line with Adobe Acrobat.
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Carliner, David, Lucas Guttentag, Arthur C. Helton and Wade J. Henderson. The Basic ACLU Guide to Alien and Refugee Rights, 2nd ed., ACLU. 1990. Carrion, Ramon. U.S.A. Immigration Guide with Forms. Naperville, IL: Sourcebooks. 1998. The INS Online: http://www.ins.usdoj.gov/graphics Web site includes forms, descriptions of immigration services and benefits, the complete text of immigration laws and federal regulations. Locations of INS field offices. Loida, Nicolas Lewis, & Len T. Madlansacay. How to Get a Green Card: Legal Ways to Stay in the U.S.A., 4th ed., Berkeley, CA: Nolo Press. 1999. This book explains all the ways for aliens to qualify for a green card, and gives insider advice on how to work with the INS. Includes forms, and instructions on how to fill them out, as well as step-by-step procedures in preparing and presenting the correct documents to the INS. The 4th edition lists more than 400 groups that can help with the paperwork.
LANDLORD/TENANT
Brown, David Wayne, and Ralph Warner. The Landlord’s Law Book vol.1: Rights and Responsibilities, 7th California ed., Berkeley, CA: Nolo Press. 2001. This concise legal guide for California landlords tells you how to avoid legal pitfalls by understanding leases and rental agreements. Basic rent rules, rent control, repairing property, and abandoned property are among the chapter topics. Includes tear-out forms and agreements such as lease and rental agreements. Brown, David W. The Landlord’s Law Book vol.2: Evictions, 8th ed., Berkeley, CA: Nolo Press. 2001. This is an eviction manual for California landlords. It details the landlord’s role in evictions, including the reasons for eviction. How to file and conduct an uncontested eviction lawsuit (residential tenants only) and how to collect a money judgment are both covered. It is advisable to use this in conjunction with The landlord’s law book, vol 1, Rights and responsibilities. Moskovitz, Myron, and Ralph Warner. California Tenants’ Rights, 15th ed. Berkeley, CA: Nolo Press. 2001. Written for the tenant, this book discusses deposit returns, breaking a lease, getting repairs made, using Small Claims Court and dealing with an unscrupulous landlord. Contains sample betters, rental agreements and rent control charts.
LEGAL RESEARCH
(In addition to the entries below, legal information is a category on many of the general search engines; i.e., Yahoo, Metacrawler, Dogpile.) Librarians’ favorite search engines such as Google, AltaVista, hotbot and the Librarians Index to the Internet all have subcategories labelled law, and are good starting points in locating cases, regulations, legal dictionaries/legal encyclopedias, answers to frequently asked questions, and further web sites for legal research. Here are some additional sources: American Law Sources On-line (ALSO): http://www.lawsource.com/also 11-16
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Links to all free American laws plus introductions to the legal systems of Mexico and Canada. Briefs: Briefs filed in appellate cases can hold a wealth of information. Alameda and Los Angeles County Law Libraries maintain the largest print collections of California state appellate briefs. Commercial services such as http://www.briefreporter.com and http://wwww.briefserve.com are expanding the availability of these court documents as a valuable research resource. California Office of Administrative Law. California Code of Regulations, Current. regulations of state agencies are published in print and on the Internet at http://www.calregs.com where regulations can be accessed by an agency list, table of contents or through search forms. Court TV: http://www.courttv.com Cable channel’s web site provides information on ongoing court cases. Elias, Stephen, & Elias, Susan Levinkind. Legal Research, 8th ed., Berkeley, CA: Nolo Press. 2000. Well-illustrated procedures covering legal research strategy. It includes an overview of the law, an explanation of statutes, case law and Shepard’s citators, and examples relating to specific cases and legal questions. There are also chapters on how to obtain information under the Freedom of Information Act and how to use computer-assisted legal research. Federal Judiciary: http://www.uscourts.gov Administrative Office of the Courts homepage is a clearinghouse for information from and about the Judicial Branch of the U. S. Government.
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Findlaw: http://www.findlaw.com or findlaw lawcrawler at http://www.lawcrawler.findlaw.com. web site links to legal subjects, cases and codes, law schools, law reviews, legal associations/organizations and more. Consumer aides are found under the heading of “consumer assistance.” The web site now offers the capability of searching for the full text of California decisions by official citation, party name, text and docket number from 1934 to the present. (http://www.findlaw.com/cacases) FirstGov: Your first click to the U. S. Government: http://www.firstgov.gov Designed to be the first ever government web site to provide the public with easy, one stop access to all on-line U. S. federal government resources. Topics include "Library and Reference" which then provides links to laws (Fedlaw), regulations (Code of Federal Regulations on the Cornell Law School web site), the federal and state courts and much more. Haggard, Thomas R. Legal Drafting: in a Nutshell (Nutshell Series), St. Paul, MN: West Group. 1996. Heels, Erik J.and Richard Klau. Law, Law, Law on the Internet: The Best Legal web sites and More, Chicago, IL: American Bar Association, Law Practice Management Section. 1998. The best “meta” sites, reviews of content rich bar association sites, sites of major vendors, federal and state agency publishers, and for full text law journals. Hi Citizen: http://www.hicitizen.com User friendly web site designed by privately held company, Imagitas, working in partnership with government agencies to change the way citizens interact with their state and local governments. It is possible to search by a keyword or very broad topics; i.e., auto, business, education, family services, etc. Hieros Gamos: http://www.hg.org Information on over 6000 legal organizations, including government sites, subject arrangement of topics (over 200 practice areas) and advertisements for legal support services. In a Nutshell Series. St. Paul, MN: West Group. This legal publishing leader provides mini sized introductions to multiple areas of law; i.e., class actions, criminal, real property, etc.
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Jurisline: http://www.jurisline.com Privately held company based in New York which was formed by attorneys in 1998. Service offers ability to search, review and download legal & business information at no cost. Law Libraries: County and University law libraries have developed web sites with links to primary (statutes, regulations, cases) and secondary (explanatory, and analytical) information: These include: Alameda County Law Library (http://www.co.alameda.ca.us/law/index.htm). Los Angeles County Law Library (http://lalaw.lib.ca.us), Orange County Law Library (http://www.oc.ca.gov/lawlib)/ San Diego County Public Law Library (http://www.sdcll.org,) Cornell Law School (http://www.law.cornell.edu) Indiana Law School (http://www.law.indiana.edu) Villanova Law School (http://www.law.vill.edu) Washburn Law School (http://www.law.wuacc.edu) Law Libraries Resource Exchange: http://www.llrx.com Law librarians have developed this web site for law librarians and others. It contains legal news, court rules, opinions and forms, the Zimmerman research guide and links to tested and proven web sites. Legal Information Institute: http://www.law.cornell.edu Cornell Law School’s award winning searchable site contains links to the U. S. Supreme court calendar and schedule for the current and past term, federal and state court information, topical information and more. Legislation: The web sites listed above will have links to every state’s legislation and also to federal legislation or go directly to: California bills, analyses and codes from the 1993-1994 session to the present at http://www.leginfo.ca.gov or federal bills at http://www.thomas.loc.gov There, you will find the full text of bills from the 101st Congress (1989-90) to the present and summaries of bills from the 93rd Congress (1973-74) to the present. Another web site, www.access.gpo.gov provides Congressional bills from the 103rd Congress forward; Congressional documents from the 104th Congress forward; Congressional hearings from the 105th Congress forward; Congressional Record from 1994 forward; Public Laws from the 104th Congress forward; and the 2000 United States Code and supplements. The U. S. Code is also available at http://www.uscode.house.gov/usc/htm. Levitt, Carole. How to Use the Internet for Legal, Business and Investigative Research: A Guide for Legal Professionals, 4th ed., Culver City, CA: Internet for Lawyers. 2001. A guide for California attorneys as well as a publication which can be used successfully by the layperson. Details about this book can be found at: http://www.netforlawyers.com/prod01.htm LEXIS: http://www.lexisone.com
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Commercial service providing access to national and international laws, cases, regulations, secondary sources, etc. Database offers free access to U.S. Supreme Court cases from 1790 and selected federal and state cases from January 1, 1996. LoisLaw: http://www.loislaw.com A growing number of public law libraries maintain a subscription to this Internet based service which provides state and federal cases, statutes, Attorney General opinions, and more. At this time, district court cases are only included if they are referenced in a U.S. Court of Appeals or a U.S. Supreme Court decision. Martin, Daniel W. Henke’s California Law Guide, 5th ed., Lexis Law Publishing. 1999. Law Professor and Library Director at Pepperdine Law School, Dan Martin, continues to edit this excellent explanation of all facets of California research sources: constitutional, statutory, administrative, etc. McKnight, Jean S. Law for the Layperson: An Annotated Bibliography of Self Help Law Books, 2nd ed., Littleton, CO: Fred Rothman Company. 1997. Miller, Judith A. BNA’s Directory of State and Federal Courts, Judges, and Clerks, Washington D.C.: BNA. Annual Editions. Court structures and listings of courts, judges and clerks at the federal and state levels. Internet sites for the Courts, federal court public access services (PACER) numbers, and state court bulletin board numbers are included. Nolo Press: http://www.nolopress.com Legal how-to publisher’s web site contains a legal encyclopedia, frequently asked questions, and their product catalog.
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Northwestern University: http://www.oyez.nwu.edu. Oyez, Oyez, Oyez… Northwestern University’s Medill School of Journalism in conjunction with the Oyez project offers continually updated coverage of the cases pending before the U. S. Supreme Court from the 1999-2000 term. Piper Resources: Guide to state and local government on the net. http://www.piperresources.org Regulations: California regulations are available in print (Barclay’s Code of California Regulations) and on the Internet at http://www.calregs.com United States agencies’ final regulations are published in Titles 1-50 of the Code of Federal Regulations, revised annually throughout the year; proposed federal regulations are published in the Federal Register. Both the Code of Federal Regulations and the Federal Register are available in print and on the Internet at http://www.access.gpo.gov or www.nara.gov/fedreg and general search engines such as Findlaw, Cornell Law School, etc. United States Courts. http://www.uscourts.gov Federal judiciary homepage maintained by the U.S. Administrative Office of the Courts. Access links to the courts, the U.S. Constitution, publications and directories. United States: Government Printing Office: http://www.access.gpo.gov Access to U. S. Code, Code of Federal Regulations, Congressional bills, federal agencies’ web sites and more. Virtual Chase: http://www.virtualchase.com Law librarian Genie Typburski has created a user friendly web site covering many aspects of legal research. West’s Legal Directory: http://www.lawoffice.com West Group’s web site offers Oran’s Dictionary of the Law, descriptions of defined areas of the law, and biographical information on attorneys.
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Attorney Locate: http://www.attorneylocate.com Free national attorney referral service available only through the Internet. The service allows a user to search for an attorney by location and practice area. This site is endorsed by the Association of Trial Lawyers of America. Bar Associations: Most local county bar associations throughout the United States can assist in locating attorneys. For example, the Los Angeles County Bar Association referral service & smartlaw information line can be reached at (213) 243-1525 or on the Internet at http://lris.lacba.org/vlris. The American Bar Association. Directory of Pro Bono Programs, Chicago, IL: 1998. or at http://www.abanet.org/legalservices/probono/home.html The ABA has developed a directory of legal pro bono programs. Pro bono programs are operated by state, county or local bar associations, legal services programs or community agencies. They use local attorneys who have agreed to provide free legal representation for eligible persons. Findlaw: http://www.consumer.findlaw.com Search engine’s links to consumer guidance are arranged under the heading of “consumer assistance,” “lawyers and the courts”, etc. Lawyerfinder.com: http://www.lawyerfinder.com: Martindale-Hubbell Lawyer Locator: Established (130 years) directory of attorneys is now accessible through the Internet as well as in print volumes. http://www.martindale.com National Association of Attorneys Generals. http://www.naag.org Information for consumers. Nolo Press: http://www.nolo.com The legal publisher’s web site features advice from “Auntie Nolo” – a user can post a question with her and receive a response. ProBono.net: http://www.probono.net New York based site is a clearinghouse for pro bono services. Public Counsel: http://www.publiccounsel.org. Largest pro bono office in the nation. In California, the organization assists low income children, youth, adults and families in the areas of child care law, children’s rights, community development, consumer law, homeless assistance and immigration. Riddick, Glenda. The Resource Directories, (714) 997-1191. If a person or family is below the poverty line, various agencies, mainly in larger municipalities, have attorneys and paralegals who donate time on a pro bono basis to assist people on various matters. In California, a starting point to these services would be The Resource Directories for Los Angeles, Orange, 11-22
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Riverside and San Bernardino counties published since 1979. The Directories arrange agencies by topic or type of service provided. State Bar of California. http://www.calbar.org Search the state bar’s web site to locate an attorney licensed by the state, identify their law school and date of admission to the bar as well as whether there is a record of discipline against them. West, Robin Page. How to Find the Right Divorce Lawyer, Allentown, PA: Divorce Source. http://www.divorcesource.com A road map for finding an effective lawyer with tips on how to monitor their performance or fees. West Legal Directory: http://www.lawoffice.com Visit this web site to locate a lawyer by name or specialty.
PUBLIC RECORDS: (see also Legal Research above)
BRB Publications Inc., home of the public record research library. Web site provides links to over 600 federal, state, county and city URL’s for free public record information. http://www.brbpub.com/pubrecsites.asp. Dockets: A growing number of companies are providing the full text of court dockets for a fee; i.e, Courtlink, Courtexpress (http://www.courtexpress.com or 800-774-7317) and the U. S. Judiciary Pacer system (202)273-2748 or e-mail greenwoo@teo.uscourts.gov. Jury Verdicts: For California verdicts or settlements submitted by attorneys for publication see O’Brien’s Evaluator; Verdictum Juris; Tri-Service; Jury Verdicts Weekly; and the Los Angeles Daily Journal’s Verdicts and Settlements supplement. O’Briens & Tri-Service are available electronically for a fee through Westlaw and Nexis.
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On the Internet, visit Court TV (http://www.courttv.com), the U. S. Bureau of Justice Statistics for statistics on criminal case verdicts http://www.ojp.usdoj.gov Registrar records: Your local county is the official source for retaining public records related to fictitious business names, marriage licenses and death certificates and assessor records. In Los Angeles County, contact this office at 800-815-2666 or visit their web site at http://regrec.co.law.ca.us. Secretary of State, California. http://www.ss.ca.gov The state of California’s Business Service Center’s web site http://www.ss.ca.gov/business/business.html provides access to voter pamphlets and registration, statements for corporations and limited partnerships, notary public information, and more.
REAL PROPERTY LAW
Devine, George. For Sale by Owner, 5th California ed., Berkeley, CA: Nolo Press. 2001. Practical tips on how to sell home without a broker. Elias, Stephen R. Contractors’ and Homeowners Guide to Mechanics’ Liens – Get Paid if You’re a Contractor, Don’t Pay Twice if You’re a Homeowner, 1st California ed., Berkeley, CA: Nolo Press. 1998. Book with disk. Property owners who want to know more about mechanics liens will find the information in this book, including how to file a court action to get these liens removed. Contractors and materials suppliers who want to take the steps to preserve their rights will learn how to give preliminary notice, record a mechanics’ lien, serve a stop notice and file an enforcement lawsuit. Randolph, Mary. The Deeds Book: How to Transfer Title to Real Estate, 4th California ed., Berkeley, CA: Nolo Press. 1997. A new deed is needed every time real estate is transferred, for whatever reason. This book helps you choose the right deed, and includes all tear-out deed forms with line by line instructions. Segal, Lloyd. Stop Foreclosure Now in California, 1st California ed., Berkeley, CA: Nolo Press. 1997. Advises a homeowner how to avoid foreclosure proceedings and protect their credit. Serkes, Ira and George Devine. How to Buy a House in California, 6th California ed., Berkeley, CA: Nolo Press. 2000. Strategies for buying a house plus all necessary real estate forms and worksheets.
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Matthews, Joseph. Beat the Nursing Home Trap: A Consumer’s Guide to Choosing and Financing Long-term Care, 3rd ed., Berkeley, CA: Nolo Press. 1999. Covers all aspects of future planning for the elderly, including how to protect assets, find non-nursing home residences, and choose a nursing home if necessary. Also explains Medicare, Medicaid, residential and long term care facilities and other benefit programs. Matthews, Joseph L. and Dorothy Matthews Berman. Social Security, Medicare and Pensions, 7th ed., Berkeley, CA: Nolo Press. 1999. A useful source of information on the legal and financial rights of senior citizens or anyone over 55, including discussions of social security, medicare and pensions. U. S. Department of Health, Education and Welfare, Social Security Administration. Social Security Handbook, 13th ed., Washington, D.C.: U. S. DHEW. 1997. Current social security related rules and regulations and procedures for filing.
TAX
California Tax Organization: http://www.caltax.org See related entries under Forms above
VETERANS RIGHTS:
Board of Veterans’ Appeals: http://www.va.gov/vbs/bva The purpose and composition of the Board, a part of the Department of Veterans Affairs, is presented on this web site. A review of the web site indicates that the web page is designed primarily to assist citizens and veterans in understanding the appeals process, and to provide pdf based copies of the application forms. Decisions of the Board are included from 1994 to the present. National Veteran Legal Services Program: http://www.nvlsp.org Advocacy association’s web site for veterans requiring assistance on many matters. Site provides links to their publications, correspondence courses and affiliations.
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