Maryland Research In-Depth
I. INTRODUCTION
This research guide identifies and describes major publications of Maryland
law, including statutory law, administrative law, case law and secondary
materials. Multiple sources of the same information, print or electronic,
and useful contact information are also included. All items are located
in the Edward Bennett Williams Law Library unless otherwise indicated.
Members of the Georgetown University community can seek additional assistance at the reference desk or online.
II. CONSTITUTION
Maryland's present constitution was ratified September 18, 1867, but has
been amended approximately 200 times. The General Assembly can propose amendments
to the Maryland Constitution. Each amendment must be proposed in a separate
bill, embodying the constitutional article or section. Amendments must first
be approved by three-fifths of all the members elected to each of the two
houses of the General Assembly, then published in newspapers around the
state and approved by a majority of Maryland voters. Md. Const. art. XIV, § 1.
Every 20 years (beginning in 1970), as part of the general election, Maryland
voters must decide whether to call a constitutional convention for the drafting
of a new constitution. If such a convention is called, any draft constitution
it produces must be approved by a majority of Maryland voters. Md. Const.
art XIV, § 2.
Maryland had three other constitutions before the Constitution of 1867:
1776, 1851, and 1864.
A. Where to Find the Maryland Constitutions and Proceedings of the
Constitutional Conventions?
1. Current Constitution
The Constitution of Maryland can be found in the following publications:
2. Historic Constitutions
a. The Maryland Constitution of 1776 is available from the Maryland State Archives: http://aomol.net/megafile/msa/speccol/sc4800/sc4872/003145/html/m3145-0195.html.
Amendments to that constitution are also available: http://aomol.net/megafile/msa/speccol/sc2900/sc2908/000001/000380/html/index.html.
b. Francis Newton Thorpe, ed. The Federal and State
Constitutions, Colonial Charters, and Other Organic Laws of
the States, Territories, and Colonies. (1909).
[KF4530 .T46 1909]. Maryland documents are in volume
3, pp. 1669-1826.
c. William F. Swindler, ed. Sources and Documents
of United States Constitutions. (1973-1979).
[KF4530 .S94]. Maryland documents, including the
Draft Constitution of 1968 (which was never ratified) are in
Volume 4.
3. Constitutional Conventions
Many of the proceedings of the various constitutional conventions have
been digitized and are available on the Maryland State Archives home page
[http://www.mdarchives.state.md.us/megafile/msa/speccol/sc2900/sc2908/html/conventions.html].
The Williams Library also has the proceedings in print:
- The Decisive Blow is Struck: A Facsimile Edition of the
Proceedings of the Constitutional Convention of 1776 and the First
Maryland Constitution with an introduction by Edward C.
Papenfuse, Gregory A. Stiverson. [KFM1601 1776 .A223
1977].
- Debates and Proceedings of the Maryland Reform Convention
to Revise the State Constitution ... / published
by order of the convention. [ KFM1601 1851 .A22; 2 volumes].
- The Debates of the Constitutional Convention of the State
of Maryland: Assembled at the City of Annapolis, Wednesday, April
27, 1864 ... / Official Wm. Blair
Lord, reporter; Henry M. Parkhurst, assistant. [ KFM1601
1864 .A22; 3 volumes].
- Proceedings of the State Convention of Maryland: To Frame
a New Constitution, Commenced at Annapolis, May 8, 1867. [KFM1601 1867 .A2].
<<Top>>
III. STATUTORY LAW
A. Bills & the Legislative
Process
This section is a summary of guide prepared by the Maryland Department of Legislative Services, How
a Bill Becomes a Law [http://dls.state.md.us/side_pgs/legislation/legislation.html].
Maryland has a two-chamber legislature called the Maryland General Assembly.
Its two houses are called the Senate and the House of Delegates. The Maryland
General Assembly meets in Annapolis each year from January to April (a "session")
and has 47 senators and 141 delegates elected from 47 districts.
When a bill is introduced in the Maryland General Assembly, it follows
this process:
1. Introduction.
When a legislator decides to sponsor legislation, legislative staff aides draft
the bill for the legislator's approval. Bills on most subjects may be introduced
in either chamber during the first 55 days of a session. After that, a bill
may only be introduced with the consent of two-thirds of the membership
of the chamber in which it is to be introduced.
2. First Reading.
The Maryland Constitution requires that a bill receive three "readings," and
favorable votes in each chamber. When a bill is introduced, it receives
its first reading. The title, sponsor, and committee assignment of the bill
are announced.
3. Committee Action.
The assigned committee holds a hearing to consider the bill. Anyone may
testify at the hearing; written statements such as letters and emails from
constituents may also be submitted. Later, the committee meets again to
consider proposed amendments and to vote on the bill. The bill may be voted "favorable," "favorable
with amendments," or "unfavorable." Alternatively, the bill may be referred
for interim study. A bill referred for interim study will receive no further
action before the next session.
4. Second Reading.
If the bill receives a favorable committee vote, it will be sent to the
full chamber. The bill and any amendments made by the committee are explained
to the full chamber. The full chamber may debate the bill, and amendments
may be offered from the floor. Votes are taken on the bill and any amendments;
these are usually voice votes. If the bill passes the second reading vote,
it is reprinted to incorporate the amendments.
5. Third Reading.
This is the final vote by the full chamber. No amendments may be offered,
and a roll call vote must be taken. If the bill passes this vote, it is
sent to the other chamber for consideration.
6. Second Chamber Consideration.
The consideration process is similar in the second chamber. However, testimony
at the committee hearing may be limited, and sometimes only the bill's sponsor
will be able to testify. Also, it is possible in the second chamber to propose
amendments at the third reading stage. If there are no amendments in the
second chamber, the bill is sent to the governor.
7. Concurrence/Non-concurrence.
If the second chamber passes an amended version of the bill, it is sent
back to the original chamber, which will consider the amendments. The chamber
of origin may concur in the amendments or reject them. If it rejects them,
the second chamber may be asked to withdraw its amendments. If the second
chamber agrees, the amendments are stripped from the bill and the second
chamber votes again, passing the version of the bill that was approved by
the chamber of origin. If it does not agree, either chamber may request
a conference committee.
8. Conference Committee.
A conference committee consists of three members from each chamber. Conference
committees attempt to reach a compromise between the differing versions
of the bill passed by each chamber. Four out of six committee members must
vote in favor of a compromise bill for it to be "reported out;" otherwise,
the bill dies. The conference committee "report" contains the compromise
language, and must be approved by both houses before the bill is considered "passed." The
conference report cannot be amended.
9. Governor.
Once both chambers have passed identical versions of the bill, it is sent
to the governor for signature or veto. The governor has a limited period
of time, usually six days, excluding Sunday, to decide whether to sign or
veto a bill, but the exact amount of time varies depending on when the bill
is presented. If the governor does not act within the required period, the
bill automatically becomes law (Md. Const. art. II, § 17). The General
Assembly may override a veto with a three-fifths vote of the elected membership of
each chamber. Once the bill is approved, it is assigned a chapter number
and becomes part of the Laws of Maryland.
10.
Where to Find Bills and Bill Information?
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B. Session Laws
Session laws are compiled in a set of volumes containing all laws enacted
during the session. They are given a chapter number after signature by the
governor and are published chronologically.
1. Where to Find Session Laws?
- Laws of the State of Maryland [KFM1225 .A213] (1876-1985 session laws
are shelved in the Historic Core Collection and must be requested at
the circulation desk)
- Sessions Laws (1999-)
are available through by searching "Chapters and Joint Resolutions on the Maryland
General Assembly Web Site (http://mlis.state.md.us/mgaweb/google.aspx).
- Session Laws: HeinOnline, 1995-
- Lexis: Legal > States
Legal - U.S. > Maryland > Statutes & Regulations > MD-Maryland
Advance Legislative Service - The Maryland Advance Legislative
Service contains the full text of all laws enacted during a legislative
session (1989-)
- Westlaw:
- MD-LEGIS:
Maryland Legislative Service: for statutes passed in the current
session
- MD-LEGIS-OLD:
Maryland Historical Legislative Service (1990-last year).
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C. The Maryland Code (Subject Compilation)
Enacted laws published in the Laws of the State of Maryland are arranged chronologically,
which presents problems for researchers who are looking for current law on a particular subject.
To facilitate research for current law, statutes are arranged by
subject in the Maryland Code. Like the United States Code and other state codes,
the Maryland Code is a subject compilation of enacted legislation, divided
into articles, titles, chapters and sections.
Michie's Annotated Code of the Public General Laws of Maryland consists
of a set of "black books" containing the
numbered articles and a set of "red books" (actually maroon in color) containing
the named articles. The reason for the existence of both the "black books" and
the "red books" is that the Michie's Annotated Code of Maryland is
in the process of being revised. Since the early 1970s, the State has started
to repeal statutes in the "black books" and recompile them into revised
articles in the "red books." Eventually, all the "black books" will be replaced.
Depending on where you find the provisions you need, you cite either to MD.
CODE ANN by subject (the "red books") or to MD.
ANN.CODE of 1957 (the "black books"). Table T.1 of the Bluebook gives
a list of subject abbreviations.
The complete Maryland Code, both the "black books" and the "red books," is
indexed in two softcover index volumes, which are updated annually. The
index is a "subject" or "topic" index, not a keyword index. For example,
if you look under "advertisement" when trying to find "false advertisement," a
cross-reference should lead you to the right entry.
The Maryland Code is updated by pocket parts. Prior to the publication
of each year's pocket parts, the Advance Legislative Service (which
reproduces the acts passed by the Maryland General Assembly and approved
by the Governor) is issued. It includes tables that show the impact of legislation
on sections of the Code. The Advance Code Service pamphlets
are published three times a year to update statutory material and annotations.
1. Where to Find the Maryland Code?
- Current: Michie's Annotated Code of the Public General Laws
of Maryland [KFM1230 1957.A4]
- Historic: Superseded volumes of the Annotated Code of the Public
General Laws of Maryland all the way back to the 19th century
are kept in the Historic Core Collection. These volumes must be
requested at the circulation desk.
- Web:
- Lexis:
- Westlaw:
- Current:
- Historic:
- Superseded Maryland codes are also available on Westlaw
(1986-last year). The database identifiers for each of
these superseded codes take the form MD-STMANNxx, where
the "xx" stands for the two-digit year, e.g., MD-STANN03
for the Maryland Code as it existed in 2003.
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D. Legislative History
"Legislative history" refers to the legislative documents that are produced
by the Maryland General Assembly during the process of studying and debating
a bill, and ultimately enacting a statute. For a guide to the law-making
process, check the section "Bills & the Legislative
Process" above. Legislative history includes the following documents:
- Bills: See above for more
information.
- Senate and House proceedings: Audiotapes and written
records of floor action.
- Committee hearing records: Most of the available
testimony consists of written statements; audiotapes of hearings are
available for some bills.
- Committee reports: From 1982 through 2001, bills
reported out of certain "standing committees" (the committees that
regularly consider bills before their second reading on the floor)
were required to be accompanied by a committee report that included
section-by-section analysis, background information, and an explanation
of legislative intent. This requirement never applied to all committees
and was abolished for legislative sessions after 2001. Conference committees
still issue reports when they report out compromise bills.
- Fiscal Notes: Every bill reported out of committee
must be accompanied by a fiscal note which analyzes the likely financial
impact of enacting the bill. Since 2002, some of these notes also provide
section-by-section analysis of the bill, a brief restatement of current
law, and background on the reasons for the bill.
- Session laws: See above for
more information.
For more detailed descriptions of the documents of Maryland legislative
history, consult Ghost Hunting: Searching for Maryland Legislative History by
Michael S. Miller and Judith C. Levinson at http://www.courts.state.md.us/lawlib/researchtools/guides/ghosthunting.html.
Legislative history materials for Maryland laws enacted before 1975 are
hard to find. Of the materials listed above, only the bills and session laws themselves
and the House and Senate Journals are available for pre-1975
legislation. Another resource for pre-1975 legislative history research
is the Legislative Council Report to the General Assembly (1941-1976), also known as the "Blue Book." The Legislative
Council Report included bills recommended by the Legislative Council
for the upcoming session, actual minutes of the Council, and committee or
special reports.
1. Where to Find Legislative History
Documents?
- Bills: See above.
- Senate and House proceedings:
- Maryland General Assembly Web Site [http://mlis.state.md.us/].
- Audiocassettes of floor debates (1992-)
are available for listening and duplication at the Legislative
Services Library
in Annapolis [http://dls.state.md.us/side_pgs/library_info/library_legislative_history.html].
- Journals of the Senate and House of Delegates: Official
records of the proceedings of the Senate and the House for the
entire session are available in the Legislative Services Library
and in depository libraries throughout the state. These journals
do not provide verbatim records of
debate, but do provide a bill's committee assignment, votes on
bill amendments, and the final roll call vote.
- Committee hearing records: Available only in the
committee bill files. For information on the bill files, see the heading "Committee
bill files" below.
- Committee reports:
- Conference committee reports:
- Maryland General Assembly Web Site [http://mlis.state.md.us/other/PriorSession/index.htm]. Conference committee
reports (1997-) are available
from the General Assembly as part of each session's proceedings.
- Westlaw: MD-LH (1997-).
The easiest way to retrieve materials in this database
is to do a terms and connectors search in the title field
for the session (year) and bill number. Example: ti(2004 & "house
bill 172").
- Standing committee reports:
- Standing committee reports, when they exist, are included
in the General Assembly's committee bill files. For information
on the bill files, see the heading "Committee bill files" below.
- Fiscal notes:
- Maryland General Assembly Web Site [http://mlis.state.md.us/].
Selected fiscal notes (1996-) are
available through the House and Senate proceedings. From the
proceedings, click a linked bill number and scroll to the bottom
of the page for that bill's fiscal note.
- Westlaw: MD-LH (1996-).
The easiest way to retrieve materials in this database is to
do a terms and connectors search in the title field for the session
(year) and bill number. Example: ti(2004 & "house
bill 172").
- Fiscal notes are included in the General Assembly's committee
bill files. For information on the bill files, see the heading "Committee
bill files" below.
- Committee bill files:
- Session laws: See above.
<<Top>>
IV. AGENCIES AND ADMINISTRATIVE LAW
A. Executive Branch
Maryland's executive branch of government, headed by the Governor, includes
nineteen principal departments, and numerous independent agencies, commissions,
task forces, and advisory boards.
1. Governor and Lieutenant Governor
The Governor is elected by popular vote for a four-year term and may not
serve for more than two consecutive terms. The Office of the Governor maintains
a web site at http://www.gov.state.md.us/. The Governor's
powers and duties include the following:
- At the beginning of each legislative session, submits proposed budget
for the following fiscal year to the General Assembly;
- Gives State of the State Address to the General Assembly at the beginning
of each session;
- Considers each bill passed by the General Assembly for approval or
veto;
- Appoints military and civilian officers with the advice and consent
of the Maryland Senate;
- Serves as Commander-in-Chief of the Maryland National Guard except
when it is called to national service;
- Serves on certain boards and commissions, including the Board of
Public Works and the Governor's Workforce Investment Board.
The Lieutenant Governor is also elected to a four-year term, and performs
duties delegated by the Governor. If the Governor leaves office before the
end of the four-year term for any reason, the Lieutenant Governor becomes
Governor.
2.
Executive Departments and Agencies
The 19 principal departments of Maryland's executive branch include the
Departments of Business & Economic Development; Education; Health & Mental
Hygiene; Labor, Licensing, & Regulation; Natural Resources; State Police;
and Transportation. A complete list of the principal departments, with organizational
charts and contact information, is available from the Maryland Manual
Online [http://www.mdarchives.state.md.us/msa/mdmanual/09dept/html/00list.html#depts].
Each principal department is made up of numerous agencies. For example,
the Department of Health & Mental Hygiene includes under its umbrella
the Alcohol and Drug Abuse Administration and the AIDS Administration.
Maryland also has many executive branch agencies which are not part of
any of the principal departments; these are called independent agencies.
A list of Maryland's independent agencies, with organizational charts and
contact information, is also available from the Maryland Manual Online [http://www.mdarchives.state.md.us/msa/mdmanual/25ind/html/00list.html].
A complete list of Maryland departments, agencies, task forces and commissions
is available from the State
Agencies Web Site, which also provides links to
their home pages. Below are direct links to a few of the more important
agencies:
- Maryland Attorney General [http://www.oag.state.md.us/]: The Attorney
General is Maryland's chief legal officer. The Attorney General's Office "represents
the State in all cases pending in the Appellate Courts of the State,
and in the U.S. Supreme Court and lower Federal Courts." It also "gives
legal opinions as to the construction or interpretation of the law
as it affects various agencies of the State and gives legal opinions
to local subdivisions on questions involving substantial statewide
interest."
- Comptroller of Maryland [http://www.comp.state.md.us/]: The primary
duty of the Office of the Comptroller is to collect taxes.
- State Department of Assessments and Taxation [http://www.dat.state.md.us]: The State
Department of Assessments and Taxation (SDAT) is responsible for the
valuation of personal and real property for state tax purposes. SDAT
is also the agency with which businesses must file articles of incorporation
(to form a corporation), articles of organization (to form a limited
liability company), forms for registration as a foreign corporation
doing business in Maryland, and related documents.
- SDAT maintains Maryland's business filings. Filings include
registered agent information; personal property assessment information
for corporations, limited liability companies, limited liability
partnerships, limited partnerships, limited liability limited
partnerships, and professional corporations; and trade name registrations.
<<Top>>
B. Regulations
Similar to the federal model, Maryland's state agencies are authorized
to promulgate regulations to enforce a particular statute. Any proposed,
amended, and adopted regulations by state agencies have to be published
in the Maryland Register before it enters into force.
1. Maryland Register
The Maryland Register (Md. Reg.) is an official publication
of the State of Maryland and is published every two weeks. It was first
issued on October 17, 1974 after the enactment of the State Document
Law. In addition to regulations, the following information is also published
regularly in the Maryland Register: Governor's Executive Orders,
Governor's Appointments to State Offices, Attorney General's Opinions
in full text, Open Meetings Compliance Board Opinions in full text, State
Ethics Commission Opinions in full text, Court rules, District Court
Administrative Memoranda, Courts of Appeal Hearing Calendars, Agency
Hearing and Meeting Notices, Other Documents considered to be in the
public interest.
2. Code of Maryland Regulations (COMAR)
While the Maryland Register publishes, among other
things, proposed, amended and adopted regulations chronologically in
bi-weekly issues, the Code of Maryland Regulations (COMAR) organizes
all adopted regulations by subject. COMAR first appeared
in 1977, but the whole set was not completed until 1981. The Maryland
Register is, therefore, used as the supplement to COMAR. In each issue
of the Register, there is a cumulative table of regulations
by COMAR title which have been adopted.
3. Where to Find Maryland Regulations?
- Code of Maryland Regulations
- Print:KFM1235 1977 .A25 (current only; to find historic regulations, check the Maryland
Register, KFM1234.A2 M37)
- Web: http://www.dsd.state.md.us/comar/ (updated
bi-weekly)
- Lexis:
- Westlaw:
- Current: MD-ADC:
Maryland Administrative Code: Current through the most
recent Maryland Register
- Historic: Previous years' editions of the Maryland Administrative
Code (back to 2002) are available
in databases named according to the year. For example,
to search COMAR as it existed in 2004, search the MD-ADC04
database.
- Note: Before the enactment of the State Document
Law in 1974, regulations were not published on a regular or consistent
basis. Newspaper articles, legal notices and agencies' annual reports
are some of the documents a student researching pre-1970 regulatory
matters can hope to find in the Maryland State Law Library, and the Legislative
Services Library.
<<Top>>
C. Administrative Orders, Decisions, and Opinions
In addition to making regulations, many Maryland agencies issue orders,
decisions, and opinions. Many of these orders, decisions, and opinions
are originally published in chronological order in the Maryland Register.
Other sources, as listed below, are superior when you are researching
these documents by subject.
1. Where to Find Maryland Administrative
Orders, Decisions, and Opinions?
- Maryland Attorney General Opinions
<<Top>>
V. COURTS, CASES & COURT RULES
A. Courts
The Maryland Judiciary [http://www.courts.state.md.us/] consists
of the following Courts:
- The Court of Appeals [http://www.courts.state.md.us/coappeals/]
- From the web site: "The Court of Appeals, the highest tribunal
in the State of Maryland, was created by the Constitution of
1776. It hears cases almost exclusively by way of certiorari,
a discretionary review process." The Court has exclusive jurisdiction
over appeals in which a sentence of death is imposed.
- The web site provides general information on how to file petition
for writ of certiorari, how to file appellate briefs, how to
change your name on the Court's official roll (for attorneys),
and how to obtain a certificate of good standing (for attorneys).
- The web site also provides biographical information of judges,
court schedule, and fee schedule.
- See the next section for court opinions.
- The Court of Special Appeals [http://www.courts.state.md.us/cosappeals/]
- The Court of Special Appeals is Maryland's intermediate appellate
court, created in 1966.
- The site provides biographical information of judges, appellate
fee schedule, and links to court opinions.
- The Circuit Courts [http://www.mdcourts.gov/circuit/directory.html]
- There are 8 judicial
circuits in Maryland. The Circuit Courts are the highest
common law and equity courts of record.
- The web site provides contact information for administrative
judges, a fee schedule,
and links to all circuit courts of all 24 counties.
- The District Court [http://www.courts.state.md.us/district/index.html]
- From the description on the Web site: "The Jurisdiction of
the court includes all landlord-tenant cases, replevin actions,
motor vehicle violations, misdemeanors and certain felonies.
In civil cases the District Court has excusive jurisdiction in
claims for amounts up to $5,000, and concurrent jurisdiction
with the circuit courts in claims for amounts above $5,000 but
less than $25,000. The jurisdiction of the court in criminal
cases is concurrent with the Circuit Court for offenses in which
the penalty may be confinement for three years or more or a fine
of $2,500 or more; or offenses which are felonies."
- The web site provides contact information for District Court
Commissioners, electronic versions (in both html and pdf formats)
of some of the Court's
brochures, fee
schedule in pdf format, and various district court
forms in pdf format.
- The Orphans' Courts [http://www.courts.state.md.us/orphanscourt.html]
- From the Courts' web site: "The Orphans' Court hears all matters
involving decedents' estates which are contested and supervises
all of those estates which are probated judicially. It approves
accounts, awards of personal representative's commissions, and
attorney's fees in all estates. The Court also has concurrent
jurisdiction with the circuit court in the guardianships of minors
and their property. All matters involving the validity of wills
and the transfer of property in which legal questions and disputes
occur are resolved by the Orphans' Court."
- The web site only provides a description of the Courts and
a directory of Orphans' Courts judges and registers of wills.
For more information about the Maryland Judiciary, consult Annual
Report of the Maryland Judiciary [3rd Floor West, KFM 1708.A826]. The
Library has volumes 1976-77 through 1998-99 in print. Later editions
were published in two parts: a statistical report and a "highlights" report.
These later editions are available on the web at http://www.courts.state.md.us/publications.html (1999-).
<<Top>>
B. Where to Find Court Opinions?
1. Reported Appellate Court Opinions
Reported appellate court opinions are accessible in the following publications
and databases:
- Maryland Reports: Cases Adjudged in the Court of Appeals
of Maryland (Md.) [KFM1245.A2]
- Library has v. 1, 1851 to present
- Maryland Appellate Reports, Cases Adjudged in the Court
of Special Appeals of Maryland (Md. App.) [KFM1248.A2]
- Library has v.1, 1967 to present
- Maryland Advance Reports [KFM1245.A3]
- Published weekly (except last week of September and first week
of October)
- West's Maryland Reporter [KFM1245.A3]
- West's Maryland Reporter is a reprint series which
reprints only the Maryland and District of Columbia cases from
the Atlantic Reporter. The volume and page numbering
is the same as that found in the Atlantic Reporter,
and cases found in the Maryland Reporter are properly
cited as though they were found in the Atlantic Reporter.
- Library has v. 534 A.2d to present
- Atlantic Reporter (A., A.2d)
- 1st Series: v. 1, 1885 - v. 200, 1938 [KF135.A7]
- 2d Series: v. 1 1938 - present [KF135.A712]
- Appellate Court Opinions Web Site [http://www.courts.state.md.us/opinions.html]
- The database includes reported opinions, in WordPerfect and
pdf formats, from the Court of Appeals and the Court of Special
Appeals from 1995 to date. There are two ways of accessing the
opinions you need. You can do a full-text keyword search; search
query results are only available in pdf format. Opinions can
also be listed by case docket number/term, by official case citation,
by appellant's (or first party's) name, by date opinion is filled
by court, or by judge. You can choose one particular year or
all years.
- Reported opinions are posted on the web site on the day they
are filed.
- Amicus Curiarum: a Publication of the Administrative
Office of the Courts
- This publication provides abstracted highlights of selected
appellate opinions. (Georgetown Law Library does not carry this,
but the Maryland State Law Library and a few university libraries
in Maryland do.)
- The Maryland Judiciary Web Site [http://www.courts.state.md.us/publications.html]
provides the publication in html and pdf formats from August
2003 (Vol. 20, Issue 8).
- Lexis: Legal > States Legal - U.S. > Maryland > Cases
- Westlaw: MC-CS -
Maryland Cases covers cases from the following:
- Provincial Court, Proprietary Province of Maryland (1714-1774), General Court (1781-1805), Court of Appeals (1787-), Court of Special Appeals (1967-), Tax Court (1960-)
2. Unreported Appellate
Court Opinions
3. Circuit Court Opinions
- As noted in Pamela Gregory, Legal Research in the District
of Columbia, Maryland and Virginia (2000) [KF240.C43 2000], "Opinions of the circuit courts seldom are
ever published, as they are nisi prius opinions. Occasionally an
opinion will be of such general interest or uniqueness that the Daily
Record will publish it, but those instances are rare." (p.
2-60). The Daily Record is a daily newspaper containing
legal announcements, court calendar, opinions of Attorney General,
and synopses of important court decisions. The current issue is
available in the Library Lounge, earlier issues are kept on Reserve
behind the Circulation Desk in the Library until replaced by the
Microfiche set (vol. 1, 1888-).
4. Court Opinions - Finding Aids
- West's Maryland Digest 2d: Covering Cases from State and Federal
Courts [KFM1257.M3 1993] (1650-)
- It is not necessary to consult the Digest's first series,
below, because this series covers all published Maryland cases from 1650
on.
- Maryland Digest: Covering Cases from State and Federal Courts [KFM1257.M3] (1650-1993)
- Atlantic Reporter Digest [KF135.A72 W3]
- Subject index for the West regional reporter which includes
published cases from Maryland
- Summarizes cases from Maryland state courts, but not from the
Federal District Court for the District of Maryland
- West's Atlantic Digest 2d [KF135.A72 W4] (1968-)
- Covers 1968 to present; to find earlier cases you must search
the first series, Atlantic Reporter Digest
- Summarizes cases from Maryland state courts, but not from the
Federal District Court for the District of Maryland
<<Top>>
C.
Where to Find Docket Information?
The Maryland Judiciary Case Search
page [http://casesearch.courts.state.md.us/]
provides basic docket information (filing date, party names, attorney
names, and case status) for all Maryland circuit and district courts
except those of Prince George's and Montgomery Counties. Dates of coverage
vary by court. The Maryland Judiciary Case Search is a free service searchable
by participant (party, attorney) name and docket number.
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D. Where to Find Court Rules?
- Print: Michie's Annotated Code of the Public
General Laws of Maryland [KFM1230 1957.A4]. Includes two Rules Volumes at the end of the set.
- Lexis:
- Westlaw:
- MD-RULES:
Maryland Court Rules (current within a
few months) - includes rules of the Federal District Court, District of
Maryland
- MD-MRULES:
Contains court orders that update court rules governing state and local federal practice in Maryland as displayed in the MD-RULES database.
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VI. LOCAL GOVERNMENTS
A. Background Information Sources
B. County Governments
Twenty-three counties and Baltimore City are the twenty-four primary
local jurisdictions in Maryland. In most other states, power to deal
with local issues are delegated to incorporated municipalities, but in
Maryland, the responsibilities and powers rest mainly with the counties.
Counties provide local services and act as an administrative arm of
the State.
There are two major types of county government in Maryland: (1) commission
and (2) home rule. Furthermore, Baltimore City has its own type of local
government that varies from both the commission and home rule models.
For detailed descriptions of the county and Baltimore City government
types, see the "Local Law" portion of the Thurgood Marshall Law Library
Research Guide (2004) [http://www.law.umaryland.edu/marshall/researchguides/TMLLguide/9sec3.html].
Local codes are available online for selected counties; some are more up-to-date
than others:
C. Municipal Governments
There are over 150 municipal corporations (towns and cities) in Maryland.
Most of them have been incorporated by an act of the Maryland General
Assembly, but some were incorporated by referendum. They are given home
rule powers under Article XI-E of the Maryland Constitution. The General
Assembly can pass legislation affecting municipal corporations, but that
legislation must affect all municipal corporations the same way.
Codes are available online for selected towns and cities; some are more
up-to-date than others:
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VII. BOOKS & PRACTICE
MATERIALS
- Maryland Civil Pattern Jury Instructions (2002-) (updated
roughly every other year, cancelled in 2008)
- Maryland Criminal Pattern Jury Instructions (1986-) (updated
roughly every other year)
- Maryland Law Encyclopedia.
This encyclopedia is much like American Jurisprudence or Corpus
Juris Secundum, but its analysis is limited to Maryland law, and
it cites primarily Maryland cases and statutes. It is an excellent
starting point for Maryland legal research.
- Maryland Practice. This set has multiple volumes covering the following
topics: district court law and practice, civil procedure forms, Maryland
and federal evidence.
- Practice Manual for the Maryland Lawyer (3d ed.
1993-). This set has several loose-leaf volumes
covering numerous topics, including family law, real property, criminal
law, business organizations, law office management, and landlord
and tenant law. It provides forms and explanations of the law.
- Trial Handbook for Maryland Lawyers
VIII. BAR JOURNALS & LOCAL
NEWSPAPERS
- Maryland Bar Journal
- The Daily Record (legal newspaper)
IX. OTHER USEFUL RESOURCES
A. Web Sites
B. Other Research Guides
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Updated by TV, 5/2009
Revised by SK, 3/2006
Page last saved on
07/06/2009
© Georgetown University Law Library.
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