A GUIDE TO MONTANA LEGAL RESEARCH
COMPILED BY ROBERT K. WHELAN MEREDITH HOFFMAN STEPHEN R. JORDAN
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A GUIDE TO MONTANA LEGAL RESEARCH
Copyright c2003 State Law Library of Montana Reproduction and non-commercial distribution of this guide are permitted. Please send comments and suggestions for revision to: State Law Library of Montana, Justice Building, 215 North Sanders, P.O. Box 203004, Helena, MT 59620-3004 Telephone: (406) 444-3660 Fax: (406) 444-3603 Internet: http://www.lawlibrary.state.mt.us
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PREFACE
This eighth edition reflects the changes that have occurred during the last two years. The guide's purpose remains the same: to assist both the legally trained person and the lay person in conducting legal research in Montana and to provide rudimentary knowledge so that the reader will have a foundation from which to begin researching the law.
Robert Whelan Helena, Montana June, 2003
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TABLE OF CONTENTS
I. II. III. IV. Preface ...................................................................................................................1 Table of Contents................................................................................................ 2 Montana Beginnings .............................................................................................4 Montana Courts Supreme Court .............................................................................................5 District Courts ...............................................................................................5 Justices' Courts ............................................................................................7 City Courts....................................................................................................7 Small Claims Courts .....................................................................................7 Workers' Compensation Court......................................................................8 Water Courts ................................................................................................8 Asbestos Claims Court ................................................................... 9 Youth Courts ................................................................................................10 Case Law Sources of Montana Supreme Court Opinions .............................................12 District Court Opinions..................................................................................13 Appellate Briefs ............................................................................................13 Case Law Citations.......................................................................................14 Finding Case Law.........................................................................................15 Digests .........................................................................................................17 Citators .........................................................................................................19 Procedure and Evidence Rules of Procedure and Evidence ................................................................23 Statutory Law Superseded Statutes ....................................................................................25 Current Statutory Format..............................................................................29 Statutory History ...........................................................................................30 Cross References.........................................................................................30 Montana Code Annotated.............................................................................31 Montana Legislature The Montana Legislature..............................................................................33 How a Bill Becomes Law ..............................................................................34 Legislative Sources ......................................................................................36 Legislative History ........................................................................................39 Administrative Law ...............................................................................................41 Workers' Compensation .......................................................................................43
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V.
VI.
VII.
VIII.
IX. X.
XI.
Advisory Opinions Attorney General.......................................................................................... 44 Uniform Laws, Interstate Compacts and International Agreements Uniform Laws............................................................................................... 45 Interstate Compacts..................................................................................... 49 International Agreements............................................................................. 50 Computer Assisted Legal Research Lexis/Nexis .................................................................................................. 51 Westlaw ....................................................................................................... 51 Loislaw & Juris .............................................................................. 52 Montlaw ....................................................................................................... 53 State Law Library Web Page.............................................................53 Looseleaf Publications ........................................................................................ 57 Federal Courts District Courts .............................................................................................. 58 Bankruptcy Courts ....................................................................................... 58 Courts of Appeal .......................................................................................... 58 Supreme Court ............................................................................................ 59 Selective Montana Legal Bibliography ............................................................... 60
XII.
XIII.
XIV. XV.
XVI.
XVII. Directories............................................................................................................. 76 XVIII. Additional Sources of Montana Legal Information Miscellaneous Sources ................................................................................ 77 IXX. XX. XXI. State Law Library of Montana.............................................................................. 79 School of Law - University of Montana............................................................... 81 State Bar of Montana............................................................................................ 82
XXII. Publishers' Addresses ......................................................................................... 83 XXIII. Index ...................................................................................................................... 87 XXIV. Glossary................................................................................................................. 90
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CREATION OF THE TERRITORY AND THE STATE OF MONTANA
The Montana Territory was carved out of the Idaho Territory. As a result of a gold strike in 1862, Bannack became the first settlement in what was to become the new territory. When gold was discovered in the Virginia City area in 1863, a movement began to create a new territory. On May 26, 1864, by Chapter 95, 13 Stat. 85, the territory of Montana was created. In addition to setting the geographic boundaries of the new territory, the legislation, commonly referred to as The Organic Act, created the executive, the legislative, and judicial branches of government. The Enabling Act, February 22, 1889, Chapter 180, 25 Stat. 676, authorized the territories of Montana, Dakota, and Washington to become the states of Montana, North Dakota, South Dakota, and Washington upon the adoption and ratification of state constitutions. Consequently, a constitutional convention was held in Helena from July 4, 1889 to August 17, 1889. On November 8, 1889, Montana was formally admitted as the forty-first state.
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MONTANA COURT STRUCTURE
The constitutional basis for the courts of Montana is Article VII of the 1972 Montana Constitution. Section One states that "[T]he judicial power of the state is vested in one supreme court, district courts, justice courts, and such other courts as may be provided by law." Supreme Court Located in Helena, the Supreme Court is comprised of one chief justice and six associate justices whose elective terms of office are eight years. An appointive process is utilized when a vacancy occurs before the time of an election. The court's jurisdiction is primarily appellate (like other less-populous states, there is no intermediate appellate court in Montana), but in certain matters it has original jurisdiction. In addition, it exercises general supervisory control over all other courts and makes rules governing admission to the bar and procedure in other courts. See Montana Code Annotated (M.C.A.) Section 3-2-101 et seq.
District Courts District Courts have original jurisdiction in criminal felony cases, civil and probate matters, and cases at law and in equity plus miscellaneous matters. District court judges hold elective office for a term of six years. An appointive process for vacancies similar to that of the Supreme Court exists. District court decisions are appealable to the Supreme Court. M.C.A. Section 3-5-101 et seq. The Uniform District Court Rules are located in Title 25 Chapter 19 M.C.A.
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There are twenty-two judicial districts encompassing all fifty-six counties in Montana: 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th 20th 21st 22nd Lewis and Clark, Broadwater Silver Bow Deer Lodge, Granite, Powell Missoula, Mineral Beaverhead, Jefferson, Madison Park, Sweet Grass Dawson, McCone, Richland, Prairie, Wibaux Cascade Teton, Pondera, Toole, Glacier Fergus, Judith Basin, Petroleum Flathead Liberty, Hill, Choteau Yellowstone Meagher, Wheatland, Golden Valley, Musselshell Roosevelt, Daniels, Sheridan Custer, Carter, Fallon, Powder River, Garfield, Treasure, Rosebud Phillips, Blaine, Valley Gallatin Lincoln Lake, Sanders Ravalli Big Horn, Carbon, Stillwater
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Justices' Courts Every county must have at least one justice court. It is located at the county seat. Included in its criminal jurisdiction are those misdemeanors in which the fine does not exceed $500 or imprisonment is not greater than six months or both. Its civil jurisdiction includes those contract disputes, damage to real or personal property, and personal injuries, in which the damages being sought are not greater than $7,000. Appeals are to the appropriate district court. The Office of Justice of the Peace is an elective one with a four year term. One does not have to be a lawyer to hold this position. M.C.A. Section 3-10-101 et seq. City Courts City Courts are in towns and cities. Included in their exclusive jurisdiction are matters involving violations of a city or town ordinance, both civil and criminal. Appeals are to the appropriate district court. The Office of City Judge is an elective one with a four year term. The requirements for this office are the same as for Justices' Courts. M.C.A. Section 3-11-101 et seq.
Small Claims Court The purpose of small claims courts is "to provide a speedy remedy in claims falling under this chapter and to promote a forum in which the claims may be heard and disposed of without the necessity of formal trial." M.C.A. Section 3-12-101. They provide a forum for lay people to have their legal controversy heard by a legally trained judge without having to hire an attorney. There is no mandatory requirement that each county have a small claims court. Rather, it is created either by county initiative or by the board of county commissioners after having consulted with the district judge in which the county is located.
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Small claims courts have original jurisdiction in causes of action arising from an express or implied contract for the recovery of property or monetary damages when the amount in controversy does not exceed $3,000. Appeals are to the appropriate district court. The small claims judge is appointed by the district judges of the judicial district in which the small claims court is located and serves at the pleasure of the district court judges. M.C.A. Section 3-12-101 et seq.
Workers' Compensation Court This court was created by Chapter 537, Legislative Session 1975. There is a right to appeal to the Supreme Court. The workers' compensation judge is appointed by the governor for a term of six years. The appointive process is the same as for district judges and supreme court justices. M.C.A. Sections 2-15-1707, 39-71-2901 et seq. For more information on the workers' compensation system please see heading entitled "Workers' Compensation."
Water Courts Created by Ch 697 L 1979, the water courts adjudicate water rights. There are four water courts whose jurisdiction is determined by geographic boundaries. They are: 1. The Yellowstone River Basin - those areas drained by the Yellowstone and Little Missouri Rivers and by any remaining areas in Carter County. 2. The lower Missouri River Basin - those areas drained by the Missouri River from below the mouth of the Marias River and any remaining areas in Glacier and Sheridan counties. 3. The upper Missouri River Basin - those areas drained by the Missouri River to below the mouth of the Marias River.
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4. The Clark Fork River Basin - those areas drained by the Clark Fork River, the Kootenai River, and by the remaining areas in Lincoln County. Water court judges must be either district judges or retired district judges from within the water division. They are selected by a committee comprised of their fellow district judges. There is also the position of chief water judge, who is appointed by the chief justice of the Montana Supreme Court. This person may also serve as water judge for one of the water court divisions. The term of office for water judge and chief water judge is four years. There is a right of appeal to the Supreme Court. M.C.A. Section 3-7-101 et seq.
Asbestos Claims Court The 2001 Legislature created an Asbestos Claims Court. "[A]sbestos-related claim" means an action brought for the recovery of monetary damages for personal injury, wrongful death, loss or consortium, or other injury arising out of an asbestos-related disease that is alleged to result from the mining of vermiculite, the processing of vermiculite, or the transfer, storage, installation, or removal of a product containing vermiculite. A civil action involving an asbestos-related claim may be tried by a judge pro tempore or special master, who must be a member of the bar of the state, agreed upon in writing by the parties litigant or their attorneys of record, appointed by the supreme court, and sworn to try the cause before entering upon the duties in trying the cause. Upon appointment, the individual must be designated as the asbestos claims judge. The right to a jury trial is not waived by the stipulation to and appointment of the asbestos claims judge. The asbestos claims judge has the authority and power of an elected district court judge in the civil action involving an asbestos-related claim. All proceedings before the asbestos claims judge must be conducted in accordance with the rules of evidence and procedure governing district
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courts. An appeal from a final decision of the asbestos claims judge must be filed directly with the supreme court of Montana in the manner provided by law for appeals from the district court in civil cases.
Youth Courts Under the Montana Youth Court Act, M.C.A. Section 41-5-101 et seq., district courts have exclusive original jurisdiction "in which a youth is alleged to be a delinquent youth, a youth in need of intervention, or a youth in need of care ...." M.C.A. Section 41-5-203. Alcoholic beverage, tobacco products, and gambling violations alleged to have been committed by a youth can be addressed by both the district courts and justice, municipal, and city courts.
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MONTANA COURT STRUCTURE
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SOURCES OF MONTANA SUPREME COURT OPINIONS
Slip Opinions An opinion is first printed in a slip format. This contains the full text of the opinion but is not meant to be permanently retained. It is printed by the Supreme Court. No indexes are provided. Copies are available from the State Law Library, either in hard copy or via the Internet.
State Reporter This is the first source that permanently retains opinions. A subject index is provided quarterly, and a table of cases is updated regularly. There is no cumulative index. Opinions usually are published approximately two weeks after they have been released by the Supreme Court. The publisher is State Reporter Publishing Company.
Montana Reports This is the official reporter for Montana. Volume one begins in 1868. There is approximately a six month lag between the issuance of an opinion and its appearance in this source. In addition to opinions, the following information is included: a. Members of the Supreme Court b. Officers of the Supreme Court c. Attorney General's staff d. Directory of the judicial districts of Montana e. Supreme Court law clerks
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f. Attorneys recently admitted to the Montana Bar Each volume has a table of cases and a subject index. There is no cumulative index. The publisher is the State Reporter Publishing Company.
Pacific Reporter This is one of seven regional reporters published by West Group. In the early 1880s, West began compiling appellate opinions from the states and territories of the United States, resulting in today's coverage of all fifty states. The Pacific Reporter has coverage for fifteen states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, and Wyoming. It has a first and second series with both encompassing hundreds of volumes. For Montana opinions prior to 1881 one would need to use Montana Reports.
District Court Opinions District court opinions are not published. For information about a particular court
opinion, the district court clerk's office at the county courthouse in question should be contacted.
Appellate Briefs According to Black's Law Dictionary, 7th edition, appellate briefs are "[w]ritten arguments by counsel required to be filed with appellate court on why the trial court acted correctly (Appellee's brief) or incorrectly (Appellant's brief)." The original briefs filed before the Supreme Court are maintained by the Office of the Montana Supreme Court Clerk. Copies are available in the State Law Library of Montana whose collection dates
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from 1903 to the present with a scattering before 1903. Each brief is given a docket number for filing purposes. Along with counsels' arguments, a brief may contain any papers and exhibits filed in the district court and a certified copy of the document entries prepared by the district court clerk. Transcripts prepared by court reporters at the trial level are maintained by the district court clerk where the trial was held. In April 2000, the State Law Library began scanning appellate briefs and placing them on the Law Library's web page at http://www.lawlibrary.state.mt.us. The rationale behind this decision was to make the briefs, which become public record once filed, more widely available. The briefs serve as a valuable research tool for attorneys handling cases with similar issues. The briefs are organized according to the month in which they are filed, and the briefs corresponding to the opinions are organized according to the month in which the opinion is rendered. On a related note, in conjunction with the Montana Supreme Court's Order of August 24, 2000, the State Law Library will not be posting appellate briefs [relating to child confidentiality matters] on the Website if children, or their parents, are identifiable. If there is a brief that you are looking for which does not appear on the law library web page, call (406) 444-3660 to request it in paper (the paper briefs do check out). If you have any questions regarding the scanning project, please contact Kevin Cook at (406) 4449285 or e-mail [email protected].
Case Law Citations A case law citation enables one to locate a case. For example, 208 Mont. 351 and 652 P.2d. 318 are citations. The first number refers to the volume, and the second number refers to the page number in the volume where the specific case can be located. The abbreviation between the two numbers is the particular reporter in question. "Mont." is the
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abbreviation for Montana Reports, and "P.2d." is for Pacific Reporter Second Series. For post 1997 opinions, the Montana Supreme Court prefers citations to be in public domain format. This is Year of Opinons MONT # of Opinion, with pinpoint citations to the paragraph number, for example 1998 Mont. 3, pp7.
Finding Case Law The easiest way to find Montana Supreme Court cases, from the past 8 years, is to use the library's web page. Here you will be able to search by docket number, case name, or by keyword. As for locating cases using print materials, there are three ways to find case law in digests: table of cases method, topic method, and descriptive word method A digest, according to Black's Law Dictionary, 7th edition, is "[a]n index to reported cases providing brief statements of court holdings or facts of cases, which is arranged by subject and subdivided by jurisdiction and courts." Digests will be discussed in detail in the next section. Table of Cases Method If the case name is known, e.g., Haynes v. Robinson, one can turn to the Table of Cases volume and obtain the legal citation. There are two different tables. One is the plaintiff-defendant, and the other is defendant-plaintiff. It is important to note that in criminal cases the plaintiff is always the State of Montana. Topic Method West Group has created approximately 450 topics covering individual legal subjects ranging from "Abandoned and Lost Property" to "Zoning." If one's topic is "Insurance," for example, one can go directly to that topic to look for relevant cases on the particular point of law in question. A caveat - no one state has a judicial opinion on every legal issue. Thus, if
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no Montana cases exist on the legal issue at hand, one can attempt to locate cases from other states by using the West Key Number system, a system devised by West which assigns a specific Topic and Key Number to particular points of law. Once a specific Topic and Key Number has been identified, one can look for that particular reference in any West digest or in the WESTLAW computer assisted legal research database. When a case is located in a digest, the researcher will find a one paragraph summary of the case, the year it was decided, its jurisdiction, and its legal citation.
Descriptive Word Method This is the most general of the three methods. As an example, suppose one is interested in finding case law on the particular subject of historic preservation. Since this subject is not one of the assigned topics, one can look in the Descriptive Word index under "historic preservation." There the following is found: "Historic Preservation - generally Health & E 25.5(8). "Health & E" is the abbreviation for the topic Health & Environment.
At this point one can go to the digest, look at the newly found topic of Health & Environment, look for the Key Number 25.5(8), and see if any cases have dealt with this matter.
DIGESTS
Montana Digest This work has coverage for Montana Supreme Court cases and federal cases that originated in Montana. All three ways of finding case law - table of cases, topic, and descriptive word, can be used. There are individual volumes clearly labeled for all three methods. Published by West, the Montana Digest's coverage begins in the early 1880s. If no Montana case exists on the particular point of law in question, one or both of the
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following digests should be used.
Pacific Digest Also published by West, the Pacific Digest has the same format as the Montana Digest. This, however, is a broader source in that it covers the fifteen western states listed in the prior discussion of the Pacific Reporter.
American Digest This digest, also published by West, is arranged in the same manner as the Montana and Pacific Digests. Its coverage, however, extends to all fifty states. It is an extensive set divided by time periods. The first series covers cases from 1658 to 1896 (for the most part, the only citations given in this series are to state reporters). The remaining series is grouped by ten periods: 1897-1906, 1907-1916 etc. up to five year groupings of 1976-1981, 19811986 and 1986-1991. From 1992 to the present, monthly volumes are issued, and at the appropriate time they will be compiled into a multi-year set. The American Digest can be somewhat cumbersome due to its scope and the monthly volumes. Because of this, computer assisted legal research (to be discussed later) is frequently used in its place.
CITATORS
In conducting case law and statutory law research, it is critical to determine whether a particular case or statute is still good authority. For case law it is necessary to determine whether cases from Montana, and at times other states, have cited the case in question, and if so, how it has been treated. For example, has it been overruled, criticized, distinguished, reversed, or followed? And in statutory law, has the statute been amended or repealed, and
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has it been cited in case law? The State Law Library no longer uses print citators to check authority. Because of ease of use and cost-effectiveness, the Library now uses electronic resources. We provide access in our computer lab to Shepard's Citations through LEXIS. This service is provided free for our patrons. Above each computer station, there are detailed instructions in using this service. The means of retrieving information from the LEXIS electronics recource is the same as using the printed publications. One starts with a citation and once the specific case or statutory citation has been located, those sources that have cited the references in question are listed. It is important to note that not all cases and statutes have been cited. To determine the treatment of the reference and which particular points of law from the reference are being addressed by the citing source, refer to the LEXIS Shepard's Signal Indicator Card which is located in the computer lab.
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RULES OF PROCEDURE AND EVIDENCE Civil Procedure Article VII Section 2 of the 1972 Montana Constitution empowers the Supreme Court to promulgate rules of practice and procedure for all courts. The rules of Civil Procedure, effective January 1, 1962, and created by Ch 13 L 1961, and subsequently amended by
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orders of the Supreme Court, govern all procedural matters in civil cases in the district courts. They are found in Title 25 Chapter 20 M.C.A.
Appellate Procedure Created by Supreme Court Order 11020, December 10, 1965, effective January 1, 1966, and amended by subsequent orders, the Rules of Appellate Procedure govern procedure in both civil and criminal appeals from the district court level to the Supreme Court. They are located in Title 25 Chapter 21 M.C.A.
Criminal Procedure The Rules of Criminal Procedure were created by Ch 196 L 1967. Effective January 1, 1968, they govern "the practice and procedure in all criminal proceedings in the courts of Montana except where provision for a different procedure is specifically provided by law." M.C.A. Section 46-1-103. The rules are located in Title 46 Chapters 1-24 and Chapters 3031 M.C.A. Justices' and City Courts The rules of civil procedure for justices' and city courts are located in Title 25 Chapter 23 M.C.A. The uniform rules for both courts are located in Title 25 Chapter 24 M.C.A. General procedural matters for justices' courts are contained in Title 25 Chapter 31 M.C.A. Appeals to district court from justices' and city courts are located in Title 25 Chapter 33 M.C.A. Small Claims Courts Procedure for small claims courts is governed by Title 25 Chapters 35 M.C.A.
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Workers' Compensation Court These rules are located in Administrative Rules of Montana 24.5.301 et seq.
Water Courts Procedure in water courts is governed by a Supreme Court Order dated January 15, 1991. Asbestos Claims Court All proceedings before the asbestos claims judge must be conducted in accordance with the rules of evidence and procedure governing district courts.
Youth Court Procedure for youth courts is contained in M.C.A. Section 41-5-101 et seq.
Rules of Evidence Created by the Supreme Court Order dated December 29, 1976, effective July 1, 1977, the Montana Rules of Evidence govern all proceedings in all state courts except where excepted. They are located in Title 26 Chapter 10 M.C.A.
SUPERSEDED STATUTES
Borrowed Statutes The first legislative assembly of the Montana Territory convened at Bannock, December 12, 1864. This assembly created the first statutes for the territory. Many of the laws were taken from the Laws of California of 1851. These early territorial laws are known as the Bannock Statutes.
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The territory also borrowed heavily from the "Field Code," which was the proposed Civil Code of New York. In 1872 the Field Code was copied and adopted in California. Our Civil Code, adopted in 1895, was copied from the Field Code and the Civil Code of California. Revised Statutes of the Territory of Montana Published in 1880 by the Helena "Independent," this one-volume work reflected the laws in force as of February 21, 1879, which was the end of the eleventh regular legislative session. It is divided into five divisions: Code of Civil Procedure, Probate Practice Act, Criminal Practice Act, Criminal Laws, and General Laws.
The Revised Statutes of Montana The next updating occurred in 1881 with laws in force as of February 23, 1881, the end of the twelfth legislative session. It also includes legislation enacted by the Extraordinary Session of the eleventh regular session: July 1, 1879 to July 22, 1879. The publisher was George E. Boos, Public Printer and Binder, Helena. It is a one-volume work.
Compiled Statutes of Montana In 1888 the Journal Publishing Company of Helena published the laws in force at the completion of the fifteenth regular session which ended March 20, 1867. It is a one-volume work.
The Complete Codes and Statutes of Montana
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This compilation is popularly known as the "Sanders Edition," so named after its editor, Wilbur F. Sanders, a prominent figure of the time. It reflected the laws in force on July 1, 1885. A new format was instituted in this compilation. Instead of five divisions, there are four: Political Code, Civil Code, Code of Civil Procedure, and Penal Code. It was published in Helena in 1895 as a one volume work.
The Codes and Statutes of Montana For the first time, with this compilation, annotations were included. Annotated refers to the practice of including a brief summary of law and cases which apply or interpret the statutes. This two volume set, (volume I: Political Code and Civil Code; volume II: Code of Civil Procedure and Penal Code), reflected the laws in force on July 1, 1895. Volume I was published in Butte by the Intermountain Publishing Company and volume II was published in Anaconda by the Standard Publishing Company.
The Revised Codes of Montana of 1907 This two volume set is similar to the prior source. It reflected the laws in force as of July 1, 1907. Published in Helena in 1908 by the State Publishing Company, it has annotations.
1915 Supplement to the Revised Codes of Montana of 1907 This work consists of six parts: The Constitution, Political Code, Civil Code, Code of Civil Procedure, Penal Code, and Miscellaneous Laws. Published in 1916 by BancroftWhitney, San Francisco, it is annotated and reflected the laws in force as of 1916. It is a one
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volume work.
The Revised Codes of Montana of 1921 This four volume annotated set (Political Code, Civil Code, Code of Civil Procedure, and Penal Code) published by Bancroft-Whitney in 1921, reflected the laws in force as of 1921.
The Revised Codes of Montana of 1935 A five volume annotated work (Miscellaneous Documents and Political Code, Political Code, Civil Code, Code of Civil Procedure, and Penal Code), published in 1936 by the State Publishing Company of Helena and the Tribune Printing and Supply Company of Great Falls, it reflected the laws in force as of 1935.
1939 Supplement of the 1935 Revised Codes This supplement contains the laws passed by the 1937 and 1939 legislatures. Published by the Copyright Company of Denver, it is annotated.
The Revised Codes of Montana of 1947 From 1947-1977 this annotated work was the foundation for Montana statutory law. A multi-volume set with periodic updated replacement volumes, it was annually updated with pocket parts. The Allen Smith Company of Indianapolis was the publisher. One of the R.C.M.'S differences with prior codes was that its format changed from
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being section only, e.g., Section 6224, to that of title-chapter section: e.g., Section 94-35100. The vast majority, however, is title-section only. A table of corresponding sections for the 1907, 1921, and 1935 codes is provided in volume nine.
Revised Codes of Montana 1977 Cumulative Supplement In 1977 the Allen Smith Company published a multi-volume annotated set which updated the laws through 1977.
CURRENT STATUTORY FORMAT
As a result of Ch 419 L 1975, Ch 1 L 1977, and Ch 1 L 1979, the statutory law of Montana assumed its present format as the Montana Code Annotated. Published by the Montana Legislative Council after the completion of each regular legislative session, the format is "title-chapter-part-section." For example, 1-1-501 is read as title one, chapter one, part five, section one. Each edition reflects the laws in force at the end of the most current session. The Montana Code Annotated is a multi-volume work topically arranged. Some of its features are a popular name table of specific legislation and a words and phrases table showing certain words and phrases which are defined by statute (traditionally, these indexes are published in the last volume). Volume one contains the 1972 Montana Constitution in addition to statutory material. Although the word "annotated" is in the title, this is not an annotated work. Annotations are in the Montana Code Annotated Annotations, a source discussed on page 31. A subject index provides access to the code.
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STATUTORY HISTORY
Immediately below each statute is its statutory history. An example is M.C.A. Section 50-31-104, from the Montana Food, Drug, and Cosmetic Act (see below). It shows that the statute was originally enacted in 1967 as a result of Ch 307, specifically, in section 21 of Ch 307. It was amended twice: 1971 and in 1974. Thus, by looking at a specific chapter and legislative year, one can determine exactly what changes were made in the statute. The R.C.M. citation is a reference to the Revised Codes of Montana of 1947. In the preface of the 1999 M.C.A. on page iii of volume one, the following is noted regarding references in the statutory history to the R.C.M., 1947: "[W]hen an R.C.M. section was split into several MCA sections, the history may be confusing or even misleading. To redo all histories to have them coincide exactly with MCA sections would have been impossible."
50-31-104. Department authorized to adopt rules. (1) The department may adopt rules for efficient enforcement of this chapter. The department may adopt by reference the regulations adopted by the food and drug administration under the federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, ET SEQ.). (2) No hearing is required for the adoption by reference of those regulations adopted under federal act and the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.). History: En. Sec. 21, Ch 307, L 1967; amd. Sec.3, Ch 171, L 1971; amd. Sec. 4, Ch 349, L 1974; R.C.M. 1947, 27-721. Cross-References Adoption and publication of rules, Title 2, ch 4, part 3.
CROSS REFERENCES
A cross reference is a reference to another part of the Montana Code Annotated that is similar in nature to the statute in question. As you can see in figure two, there is a cross reference for M.C.A. Section 50-31-104 to M.C.A. Title 2, Chapter 4, Part 3.
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MONTANA CODE ANNOTATED ANNOTATIONS
According to Black's Law Dictionary, 7th edition, an annotation is "[a] remark, note, case summary, or commentary on some passage of a book, statutory provision, or the like, intended to illustrate or explain its meaning." Those Montana statutes that have been annotated are contained in the Montana Code Annotated Annotations. The Montana Legislative Services Division publishes this source. The annotations are from the following sources: a. b. c. d. e. f. g. h. i. j. k. Supreme Court opinions Opinions from federal courts Attorney General opinions Administrative Rules of Montana Montana Law Review Selected National Law Reviews Corpus Juris Secundum (a legal encyclopedia) American Jurisprudence (a legal encyclopedia) West's Topic and Key Numbers American Law Reports American Law Reports, Federal
Annotations can be extremely helpful in researching a statute. For example, Supreme Court and Attorney General annotations include a summary of the issues involved and their resolutions. Also at times, compiler's comments are included which provide a succinct history of the statute. The arrangement of the Annotations is the same as the Montana Code Annotated by title-chapter-part-section. It is important to note that not all statutes have been annotated.
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"The annotations are provided as a convenience to the user and are not intended to be an exhaustive compilation of the law under a given statute or in a given area." From the preface to the Montana Code Annotated Annotations. Volume 1 of the 2002 Montana Code Annotated Annotations differs from the other volumes in its contents. Along with Title 1, "General Laws and Definitions", it has the following information: a. b. Session Law Tables A report from the Montana Code Commissioner regarding "all changes made during the continuous recodification since the last report." c. d. The Enabling Act The 1972 Montana Constitution (with annotations)
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THE MONTANA LEGISLATURE
The Montana Legislature consists of two separate bodies: the Senate and the House of Representatives. The Senate has fifty members, and the House has one hundred members. Terms of office for senators and representatives are, respectively, four years and two years. Regular legislative sessions are held every two years in odd numbered years. Special sessions, which address specific topics, can be called when needed. When in session the following telephone numbers are in operation: General Information and Message Center: (406) 444-4800 Public Information Office: (800) 237-5079 When not in session the Montana Legislative Services Division is the point of contact. Its telephone number is (406) 444-3064. The Legislative Branch has a web page, which is found at http://www.leg.state.mt.us.
HOW A BILL BECOMES A LAW
The Montana Legislature is the branch of government responsible for introducing and enacting legislation. What follows is a discussion of the procedure used in this process. The first step is for a legislator to present a proposed bill to the Montana Legislative Services Division for normal drafting. Once this is completed, the bill's first reading is held in chamber, either the Senate or House of Representatives, of which the sponsor is a member. A "reading" is merely a reading of the bill's subject. No debates or introduction of amendments are allowed at this time. After the first reading, the bill is sent to a committee. After public hearings are
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conducted, the committee takes a roll call vote and reports either the bill "do pass," "do pass as amended," or "do not pass." The next step is the second reading of the bill in the particular chamber in question. This is the first time that floor debate and introduction of amendments are allowed. A roll call vote is taken. After this, the third reading is held, no debate or amendments are permitted, and another roll call vote is held. The bill is then sent to the other chamber where the same procedure is followed, with the language being, "be concurred in," "be not concurred in," or "be concurred in, as amended." If the second chamber agrees with the first chamber, the bill is sent to the governor. The governor can sign the bill into law, offer an "amendatory veto," or veto the entire bill. If it is vetoed, a two-thirds vote of the members of each chamber present is needed to override it. If the second chamber amends the bill, it is returned to the first chamber at the second reading level for debate solely on the amendment. If agreement is reached, the bill is sent to the governor. If agreement is not reached, a conference committee consisting of three members from both chambers is formed to address the amendments. After this is done, the bill goes to the second reading level in both chambers. If one chamber disapproves, a free conference committee is appointed with the power to address the entire bill.
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LEGISLATIVE SOURCES
House and Senate Journals Journals provide a daily account of legislative action such as the introduction of bills, their readings, and roll call votes. They are published electronically by the Montana Legislative Services Division on CD-ROM and on the legislative website, http://www.mt.gov/leg/branch. There is no text or abstract of floor debate. The first session of the Montana Legislature was held in Bannack, from December 12, 1864 to February 9, 1865. The next seven sessions, 1866 - 1874, were held in Virginia City. In 1876 the ninth session met in Helena, and all subsequent sessions have met there as well. Initially, there was no body known as the Senate. Rather, there was the Council with Councilors. As a result of the 1889 Montana Constitution, the sixteenth session in 1889 was the first one with a Senate and Senators.
Laws and Resolutions of the State of Montana This source, popularly known as "session laws," contains the legislation approved by each regular and special legislative session . Listed in chronological order (there is no subject arrangement) and designated by chapters; e.g., "Chapter No. 1, Chapter No. 2" etc., it provides the language of the law enacted during that particular session. These laws then become codified in the Montana Code Annotated. Each session year stands alone in its own individual volumes. There is never more than one session year per volume. Each session has its own index. There is no cumulative index. The present format is as follows: Below the chapter heading is the bill number in
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brackets. A summary of the legislation follows and then, the actual language itself. New language being added to existing statutes is in italics, with existing language and completely new statutes in regular print. The date of approval is at the end of the chapter. In addition to the laws themselves, information is also included regarding House and Senate members, resolutions, and joint resolutions. A resolution is a formal expression of one chamber's will or opinion on a particular matter. It is not law. Also included in the session laws are bills which do not become codified, such as the general appropriation bill. Tables, such as bill number to chapter number, chapter number to bill number, session law to Montana Code Annotated, and effective dates of legislation are provided. Ballot issues which have been voted on by the public and passed by majority vote between legislative sessions, such as constitutional amendments, initiatives, and referenda, are published in the next volume of session laws.
Legislative Review Since 1977 the Legislative Council has published the Legislative Review after the conclusion of each legislative session. It has a summary of provisions by chapter, Senate Resolutions, House Resolutions, and joint resolutions. It also has a subject index and several tables: code sections affected, session laws affected, session law-to-code, effective date, billto-chapter and chapter-to-bill numbers.
History and Final Status Since 1981 the Legislative Council has published the History and Final Status of Bills and Resolutions of the Senate and the House of Representatives. It has the
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following information: a sponsor list of legislation, final status of Senate Bills and House Bills, dates each bill was addressed by the legislature and specific committees, and the date each bill enacted was signed by the governor and its effective date. It also has a subject index and an effective date table. Beginning in 1995, voting records for all bills and resolutions have been published as a supplement to the history.
LEGISLATIVE HISTORY
Quite often in interpreting a statute it is important to attempt to determine its legislative intent. Why was a particular bill enacted? What were the comments of the individual committee members? Was there any testimony by witnesses? By looking at a bill's legislative history these questions may possibly be answered. A legislative history consists of the minutes from the House and Senate committees that held hearings on the bill, roll call votes, committee attendance, the text of any amendments submitted, and when given, witness testimony, prepared statements, and exhibits. It is important to note that the minutes are not verbatim; they are a summary. In addition, all the readings of a bill, from its introduction to its passage or defeat, are available. These enable one to follow the evolution of a bill's language. And, roll call votes by the full House and Senate, date of passage, and date of effectiveness are available. There is no record of floor debate. The State Law Library of Montana has copies of legislative minutes from 1961 to the present. The State Archives, whose collection pre-dates the State Law Library's, is the depository for the original minutes (minutes prior to the mid 1940s are non-existent). It is important to note that only since the late 1970s have minutes consistently contained
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substantive material. In prior years it is quite common for the treatment to be so cursory that no indication of intent is available. Also, beginning in 1997, the legislative minutes can be accessed through the law library's website, www.lawlibrary.state.mt.us. For the 1997 and 1999 Sessions, the Montana Legislature dramatically changed the nature of the minutes. The House and Senate hearings were recorded on audio tape but were not transcribed as in previous years. Specifically, the House minutes are extremely sparse in content, offering no substantive information from which to glean legislative intent. The information provided gives only access points as to where information can be found on the audio tapes. The Senate minutes are more complete and include reference to audio tape location. The Montana Historical Society Archives is the depository for the tapes. For information on accessing the tapes, or purchasing them, contact the Archives at (406) 4444774. These tapes will only be preserved for three sessions. Beginning again with the 2001 Session, the House and Senate have provided summary transcripts of their committee hearings in print format.
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ADMINISTRATIVE LAW
Administrative Procedure Act In addition to statutory law and case law, there is administrative law. M.C.A. Section 2-4-101 et seq. provide the statutory authority for administrative agency rule-making and adjudication. It is based on the 1961 Revised Model State Administrative Procedures Act adopted by the National Conference of Commissioners on Uniform State Laws. It was enacted by Ch 2 Special Session L 1971. The following executive departments are governed by the Act: Administration; Agriculture; Auditor; Commerce; Corrections; Education; Environmental Quality; Fish, Wildlife and Parks; Governor; Justice; Labor and Industry; Lieutenant Governor; Livestock; Military Affairs; Natural Resources and Conservation; Public Health and Human Services; Public Service Regulation; Revenue; Secretary of State; Social and Rehabilitation Services; State Lands; and Transportation. "In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice." M.C.A. Section 2-4-601(1). M.C.A. Section 2-4-601 et seq. provide the mechanism for a disputant's contested case to be formally heard. If all administrative remedies are exhausted and a disputant still is aggrieved, judicial redress can be sought by filing an action in district court. M.C.A. Section 2-4-701 et seq. For copies of adjudicatory decisions, the individual agency in question should be contacted.
Administrative Rules of Montana Each executive department has its own administrative rules. These are contained in the Administrative Rules of Montana, popularly called ARMs. Updated quarterly, the ARMs
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are in a looseleaf format and are arranged by department. A subject index provides access. The ARMs are published by the Office of the Secretary of State. They are equivalent to the Code of Federal Regulations. Citations to the ARMs are in a title-chapter-subchapter-section format. For example, 38.3.3602 is read as title 38, chapter 3, sub-chapter 36, section 2. 2.5.401 is read as title 2 chapter 5, sub-chapter 4, section 1. Some ARMs can be found through the law library's website.
Montana Administrative Register Issued bi-weekly, The Montana Administrative Register contains notices of proposed and adopted rules, an interpretation section, and Attorney General opinions. Published by the Office of the Secretary of State, it enables one to determine the current status of administrative rules. It is equivalent to the Federal Register. The Secretary of State's web page makes available the prior year's issues of the M.A.R. The address is http://sos.state.mt.us/css/ARM/ARM.asp.
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WORKERS' COMPENSATION
The Workers' Compensation Act and the Occupational Diseases Act, M.C.A. Section 39-71-101 et seq., 39-72-101 et seq. require that administrative remedies be exhausted before seeking judicial redress. When a worker who is entitled to benefits is injured, a claim is filed with the insurer or the Division of Workers' Compensation of the Department of Labor and Industry. If a dispute arises between the worker and the insurer, it is required that relief be sought through a Department of Labor and Industry mediator. Its rules are located at A.R.M. 24.5.301 et seq. After mediation procedures are exhausted, one can appeal to the Workers' Compensation Court. Decisions of this court may be appealed to the Supreme Court of Montana. The Workers' Compensation Court has a web page located at http://wcc.dli.state.mt.us/. Through the web page, substantive cases since 1998 are available electronically.
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ADVISORY OPINIONS
Attorney General The Attorney General is the chief legal officer of the state. Duties of this office include prosecuting or defending all cases in which the state is a party, supervising county attorneys, and providing legal opinions to certain state, county, and city officials. M.C.A. Section 2-15-501 et seq. The legal opinions are contained in the Report of the Attorney General of the State of Montana. They are first issued in slip opinion format and are retained in this manner until being bound for permanency. Volume one begins with the year 1905. Each individual volume has its own subject index. The only cumulative index is for volumes one through twenty-seven which cover the years 1905 to 1958. The slip opinions and bound volumes are both published by and are available from the Justice Department. Attorney General Opinons, prior to 1990, are unavailable via the Internet. For opinions from 1990 to the present, the access is through the Law Library's web page. Opinions from 1996 on can also be found on the Attorney General's web page at http://www.doj.state.mt.us/ ago/ opinions/opinindx.htm.
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UNIFORM LAWS
Uniform laws are drafted by the National Conference of Commissioners on Uniform State Laws. Members are either practicing attorneys, judges, law professors, or legislators; all are members of the bar. All fifty states, the District of Columbia, and Puerto Rico are represented. An annual meeting is held immediately preceding the American Bar Association's annual meeting. Its purpose is to "promote uniformity in the state law, on all subjects where uniformity is desirable and practicable, by voluntary action of each state government." (Page III, volume 13A, Uniform Laws Annotated.) The body's address is 676 North St. Clair Street, Suite 1700, Chicago, Illinois 60611. Its telephone number is (312) 915-0195. Following are some of the uniform laws adopted by Montana along with their statutory citations and dates of adoption: Absence of Evidence of Death and Absentee's Property Act - Title 72 Chapter 1 Part 1 Section 8 - 1974 Accident Reporting Act - Title 61 Chapter 7 - 1939 Acknowledgment Act - Title 1 Chapter 5 - 1895 Adoption Act - Title 40 Chapter 8 Part 1 - 1981 Alcoholism and Intoxication Treatment Act - Title 53 Chapter 24 Part 3 1974 Anatomical Gift Act - Title 72 Chapter 17 - 1969 Ancillary Administration of Estate Act - Title 72 Chapter 4 Part 4 Section 2 1974 Arbitration Act - Title 27 Chapter 5 - 1985 Attendance of Witnesses from Without a State in Criminal Proceedings, Act to
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Serve - Title 46 Chapter 15 Part 1 Sections 11-14 - 1973 Brain Death Act - Title 50 Chapter 22 Part 1 Section 1 - 1977 Business Records as Evidence Act - Title 26 Chapter 10 Montana Rules of Evidence 803 - 1977 Child Custody Jurisdiction and Enforcement Act - Title 40 Chapter 7 - 1999 Close Pursuit Act - Title 46 Chapter 6 Part 4 Section 11 - 1967 Commercial Code - Title 30 Chapters 1-9 - 1963 Common Trust Fund Act - Title 32 Chapter 1 Part 7 - 1955 Community Property Rights Act at Death, Disposition of - Title 72 Chapter 6 Part 1 - 1989 Conflicts of Laws - Limitations - Title 27 Chapter 2 Part 5 - 1991 Controlled Substances Act - Title 50 Chapter 32 - 1973 Crime Victims' Reparation Act - Title 53 Chapter 9 - 1977 Criminal Extradition Act - Title 42 Chapter 30 - 1973 Declaratory Judgments Act - Title 27 Chapter 8 - 1935 Determination of Death Act - Title 5- Chapter 22 Part 1 Section 1 - 1977 Division of Income for Tax Purposes Act - Title 15 Chapter 31 Part 3 - 1933 Durable Power of Attorney Act - Title 72 Chapter 5 Part 5 Sections 1-2 1974 Enforcement of Foreign Judgments Act - Title 25 Chapter 9 Part 5 Sections 1-8 - 1989 Evidence, Rules of - Title 26 Chapter 10 - 1977 Facsimile Signatures of Public Officials Act - Title 2 Chapter 16 Part 1 Section 14 Federal Lien Registration Act - Title 71 Chapter 3 Part 2 - 1967
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Foreign Land Sales Practices Act - Title 76 Chapter 4 Part 12 - 1969 Foreign Money Claims Act - Title 25 Chapter 9 Part 7 - 1993 Foreign Money-Judgments Recognition Act - Title 25 Chapter 9 Part 6 1993 Fraudulent Transfer Act - Title 31 Chapter 2 Part 3 - 1991 Health Care Information Act - Title 50 Chapter 16 - 1967 Interstate Family Support Act - Title 40 Chapter 5 - 1993 Judicial Notice of Foreign Law Act - Title 26 Chapter 10 - Montana Rules of Evidence 202 - 1977 Law on Notarial Acts - Title 1 Chapter 5 Part 6 - 1993 Limited Liability Company Act - Title 35 Chapter 8 - 1999 Limited Partnership Act - Title 35 Chapter 12 - 1981 Machine Gun Act - Title 45 Chapter 8 Part 3 Sections 1-9 - 1935 Management of Institutional Funds Act - Title 72 Chapter 30 - 1973 Marriage and Divorce Act - Title 40 Chapter 1 and 4 - 1975 Motor Vehicle Safety-Responsibility Act - Title 61 Chapter 6 - 1951 Official Reports as Evidence Act - Title 26 Chapter 10 - Montana Rules of Evidence 803 - 1977 Out-of-State Parolee Supervision Act - Title 46 Chapter 23 Part 11 - 1937 Parentage Act - Title 35 Chapter 10 - 1947 Partnership Act - Title 35 Chapter 10 - 1947 Post-Conviction Procedure Act - Title 46 Chapter 21 - 1967 Premarital Agreement Act - Title 40 Chapter 2 Part 6 - 1987 Principal and Income Act - Title 72 Chapter 25 - 1983
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Probate Code - Title 72 Chapter 1-5, Chapter 16 Part 6 - 1974 Reciprocal Enforcement of Support Act - Title 40 Chapter 5 Part 1 - 1969 Regulating Traffic on Highways Act - Title 61 Chapter 8 and 9 - 1955 Residential Landlord and Tenant Act - Title 70 Chapter 24 - 1977 Rights of Terminally Ill Act - Title 50 Chapter 9 - 1985 Securities Act - Title 30 Chapter 10 Parts 1-3 - 1961 Simplification of Fiduciary Security Transfers Act - Title 30 Chapter 10 Part 4 - 1971 State Administrative Procedure Act - Title 2 Chapter 4 - 1971 State Law for Aeronautics Act - Title 67 Chapter 1 Part 2 - 1929 Status of Convicted Persons Act - Title 46 Chapter 18 Part 8 Section 1 - 1973 Statutory Rule Against Perpetuities Act - Title 70 Chapter 1 Part 8 Sections 1-7 - 1989 Testamentary Additions to Trust Act - Title 72 Chapter 2 Part 3 Section 14 1974 TOD Security Registration Act - Title 72 Chapter 6 Part 3 - 1993 Trade Secrets Act - Title 30 Chapter 14 Part 4 - 1985 Transboundary Pollution Reciprocal Access Act - Title 75 Chapter 16 Pt.1 - 1983 Transfers to Minors Act - Title 72 Chapter 26 Parts 5-8 - 1985 Trustees' Powers Act - Title 72 Chapter 21 - 1974 Unclaimed Property Act - Title 70 Chapter 9 Part 8 - 1977 Uniform Transfer on Death Security Registration Act - Title 72 Chapter 6 Part 3 1993
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INTERSTATE COMPACTS
According to Black's Law Dictionary, 7th edition, an interstate compact is "[a] voluntary agreement between states enacted into law in the participating states upon federal congressional approval." Following are some interstate compacts Montana is a party to along with their statutory citations and dates of adoption: Driver License Compact - Title 61 Chapter 5 Part 4 - 1963 Interstate Agreement on Detainees - Title 46 Chapter 31 Parts 1-2 - 1963 Interstate Compact on Juveniles - Title 41 Chapter 6 Part 1 - 1967 Interstate Compact on Mental Health - Title 53 Chapter 22 Part 1 - 1971 Interstate Compact on Placement of Children - Title 41 Chapter 4 Part 1 1975 Interstate Compact for the Supervision of Parolees and Probationers Title 46 Chapter 23 Part 11 Section 2 - 1937 Interstate Library Compact - Title 22 Chapter 1 Part 6 - 1967 Interstate Mutual Aid Compact - Title 10 Chapter 3 Part 2 Sections 4,5,7, and 8 - 1985 Interstate Oil and Gas Conservation Compact - Title 82 Chapter 11 Part 3 1945 Multistate Highway Transportation Agreement - Title 61 Chapter 10 Part 11 1981 Multistate Tax Compact - Title 15 Chapter 1 Part 6 - 1969 Northwest Interstate Compact on Low-Level Radioactive Waste Management - Title 75 Chapter 3 Part 5 - 1983 Vehicle Equipment Safety Compact - Title 61 Chapter 2 Part 2 - 1965
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Western Interstate Corrections Compact - Title 46 Chapter 19 Parts 3-4, Part 3 - 1967, Part 4 - 1987 Western Interstate Nuclear Compact - Title 90 Chapter 5 Part 2 - 1973 Western Regional Higher Education Compact - Title 20 Chapter 25 Part 8 1951 Yellowstone River Compact - Title 85 Chapter 20 Part 1 1953
INTERNATIONAL AGREEMENTS
Montana is a party with the Canadian provinces of Alberta, British Columbia, and Saskatchewan to the following: Canadian Boundary Advisory Committee - Title 1 Chapter 13 Part 1 - 1985
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COMPUTER ASSISTED LEGAL RESEARCH
For centuries, a library's resources were made of paper. Then formats such as microfilm and microfiche were introduced. Today, computerized databases are making a significant impact on research of all kinds, including legal research. As a rule, computer assisted legal research (CALR) does not replace law books; it complements them. Quite often, it would be inappropriate to use CALR rather than manually searching for legal information. CALR is not always inexpensive. But when it is appropriate, CALR can be extremely thorough and effective. What might take several hours of manual searching often can be accomplished in a few minutes using CALR. LEXIS & WESTLAW There are two major national fee based CALR systems: LEXIS-NEXIS and WESTLAW. LEXIS-NEXIS is owned by Reed Elsevier of London, England, and WESTLAW is owned by West Group of St. Paul, Minnesota. Following is the specific legal information each has for Montana: LEXIS-NEXIS Supreme Court Decisions Attorney General Opinions State Tax Appeal Board Decisions Montana Code Annotated Public Utilities Reports Workers' Compensation Court Decisions Legislative Service Legislative Bill Tracking 1965197719851991No No (current) (current) 1983199119531985(current) (current) WESTLAW 18891977-
In addition to Montana coverage, both systems have legal information for all fifty
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states and federal law as well. More specifically, case law for all states, federal case law (district courts, appellate courts, Supreme Court), federal statutory law, federal administrative law, and statutory law for all fifty states and the District of Columbia are available. Considerable flexibility is provided by CALR. One can focus only on Montana law or one can expand the search by searching, for example, neighboring western states, or the entire nation. CALR on both systems is available through the State Law Library of Montana on a cost-recovery basis. In addition to the fee-based service, LEXIS-NEXIS hosts a website, www.lexisone.com, which provides free access to recent case law. The user is required to subscribe to the system to set up a password. Coverage typically includes the past 5 years of opinions from state Supreme Courts and Federal Appellate Courts. The United States Supreme Court coverage is complete. Information about LEXIS-NEXIS and WESTLAW can be obtained by calling their respective telephone numbers: (800)543-6862 and (800)733-2889. LOISLAW & JURIS There are several lower priced alternatives to LEXIS and WESTLAW. These tend to be web based fee services that provide access to most primary legal sources, such as case law, state codes, and administrative rules. However, the do not provide the same coverage of secondary sources, such as law reviews, that are provided by the more expensive services. Two popular services are Loislaw and Versuslaw. Loislaw uses flat rate pricing and offers low monthly payment programs. A single concurrent user Internet license can be shared among multiple users. Thus 3-5 attorneys in a firm can share the same ID for just one low monthly payment. Information and access to a
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free trial offer is available through the web page www.loislaw.com. VersusLaw offers a flat daily, monthly or yearly rate for case law research. Their coverage is limited to case law from appellate courts. For information and to subscribe, access the web page at www.versuslaw.com. MONTLAW and STATE REPORTER These legal research systems provides access to Montana law, as well as decisions of the United States Supreme Court and the Ninth Circuit Court of Appeals. The Montana coverage includes Supreme Court opinions, Attorney General opinions, Montana federal and bankruptcy court opinions, selected district court decisions, Workers' Compensation Court decisions, Montana Code Annotated, Montana Code Annotated Annotations, State Tax Appeal Board decisions, canons and rules of court, Administrative Rules of Montana, selected administrative decisions, Office of Public Instruction opinions, Water Court decisions, and opinions from the Ethics Committee of the State Bar of Montana. The scope of coverage varies for each database. It is provided by the State Reporter Publishing Company. Information about MONTLAW and subscription prices can be obtained by calling (406) 449-4444. STATE LAW LIBRARY WEB PAGE The best place for free access to Montana legal information is the State Law Library web page. The address is www.lawlibrary.state.mt.us. (A snapshot of the front page of the web page is found on the following page.) The web page offers access to opinions of the Supreme Court of Montana. As of October, 2001, we provide opinions dating back to 1984. Opinions are listed by year, month, docket number, and case name. The opinions are fully searchable using docket number or key word searches. Briefs submitted to the Montana Supreme Court are scanned and placed
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with their corresponding opinions on our Web site. We are also scanning recently filed briefs before an opinion is issued by the Court. Access to the current version of the Montana Code and the Montana Constitution is also available through the State Law Library's web page. The materials from the 1972 Constitutional Convention have been scanned and are available along with the Code. The Internet version of the MCA has two avenues to finding a section of law: burrowing through the table of contents and searching. The Table of Contents is an arrangement of the law based upon subject matter. The name of a Title, chapter, part, and section reflect its subject matter. Within the Table of Contents click on the most appropriate Title, then chapter, then part, and finally section. When you are at a section, you can browse backwards and forwards through sections. Searching is based upon the whether certain key words are present in a section. Each MCA section is a separate web page. This allows copying a pasting material from a section into a document. The Montana Legal Information section of the web page offers a wealth of information. Among the many resources listed here are access to the Opinions of the Attorney General dating back to 1990, ethics opinions issued by the state bar dating back to 1985 and Executive Orders of the Governor dating back to 1966. Montana Rules of Court, rules of practice and pattern jury instructions are also located in this section of the web page. Forms compiled by the State Law Library and also links to forms provided by state agencies, the University of Montana Law School and the state bar can be found in the section of Montana Legal Information. The State Law Library's web page also provides access to the catalog of the collection of the State Law Library. This is a fully searchable web based catalog. Searching can be done by author's name, title or subject.
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Along with Montana information, the web page serves as a portal to legal information of the federal government, other states, and international bodies. Under "Law Related Links" are access points to federal material such as the United States Code, the Code of Federal Regulations and Federal Register. Here there are also links for other states' codes, regulatory laws and the uniform state laws. Under the section for international law, there are links to instructions on how to conduct treaties and foreign law research.
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1.FYI Find out what is new and exciting at the Law Library! 1.Law Library Information Hours, Staff, Pro Bono Advice Clinic, Catalog, etc. 2.Montana Supreme Court Opinions/Orders Opinions listed by year, month, docket number, and case name. Fully searchable. The State Law Library has embarked on a project whereby briefs submitted to the Montana Supreme Court will be scanned and placed with their corresponding opinions on our Web site. We are also scanning recently filed briefs. If there is a brief that you are looking for which does not appear on our page, please call us at (406) 444-3660 to receive a paper copy. 3Montana Code 2001 Code and Montana Constitution 4Montana Courts and Judicial Districts Supreme, District, Justice of the Peace, City, Workers' Compensation, Tribal, etc. 5Montana Legal Information Supreme Court Opinions, Courts, Code, AG Opinions, Forms, Legislative Information, State Bar, etc.
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LOOSELEAF PUBLICATIONS
A looseleaf publication is a source that can be updated as often as necessary. It can be a one volume or a multi-volume work and is usually in a three-ring binder format. A key feature is that it focuses on one specific legal topic. It has, many times, both case law and commentary. In some looseleaf publications, specific state by state coverage is provided. Following are examples of those with sections concerning Montana.
Title All State Tax Guide Blue Sky Law Reporter (covers states' securities laws) Consumer Credit Guide Employment Practices Environment Reporter Labor Relations Reporter Secured Transaction Guide State And Local Taxes Unemployment Insurance Reporter
Publisher Prentice Hall Commerce Clearing House
Commerce Clearing House Commerce Clearing House Bureau of National Affairs Bureau of National Affairs Commerce Clearing House Prentice Hall Commerce Clearing House
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FEDERAL COURTS
Although the focus of this manual is on Montana legal resources, it is appropriate to briefly mention the role played by the federal court system in Montana. The Federal Judiciary has a web page found at http://www.uscourts.gov. This web page provides administrative information on the federal court system as well as providing links to individual federal court's web pages.
District Courts These are the courts of first impression. There are four federal district courts in Montana: Billings, Helena, Great Falls, and Missoula. Some federal district court opinions are published. Those that are published are contained in a West publication, the Federal Supplement. It is arranged similarly to other West reporters, and access is gained by the Federal Practice Digest, a West publication whose coverage is nationwide.
Bankruptcy Court These courts have jurisdiction over bankruptcy matters. Montana's sole bankruptcy court is located in Butte. The opinions from these courts may be published in either the West Bankruptcy Reporter or Collier Bankruptcy Cases. Both services provide access to their published opinions through finding guides.
Courts of Appeal These are the intermediate federal courts. They hear cases appealed from the district courts. There are thirteen appellate circuits in the United States. Montana's appellate cases are handled by the Ninth Circuit Court of Appeals. Headquartered in San Francisco, the
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ninth circuit has eight other states and one territory in its jurisdiction: Idaho, Washington, Oregon, California, Nevada, Arizona, Alaska, Hawaii, and Guam. Approximately one-half of federal appellate opinions are published. They are published in a West publication, the Federal Reporter. Access is gained by the Federal Practice Digest.
Supreme Court The United States Supreme Court is located in Washington, D.C. It is comprised of one chief justice and eight associate justices. All of its opinions and actions are published and can be located in any one of three reporters. The official reporter is United States Reports, published by the United States Government Printing Office. The other two are commercial reporters. One is Supreme Court Reporter published by West Group, and the other is United States Supreme Court Reports Lawyers' Edition, published by Lexis Law Publishing. Both West and Lexis Law Publishing have their own digests for access. Respectively, they are the United States Supreme Court Digest and the Digest of United States Supreme Court Reports. There is no specific digest for the United States Reports, although they can be researched by using either of the commercial digests. In addition to the three reporters just discussed, the Bureau of National Affairs publishes United States Law Week. This is a looseleaf service that covers all opinions and actions by the United States Supreme Court. It is published approximately once a week and provides the first printed source for United States Supreme Court opinions.
SELECTED LEGAL MATERIALS
The law, on any legal topic, is subject to change. It is the user's responsibility to determine the current validity of these sources. Administrative Law
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Tippy, Roger, and Mary McCue. 1992 Montana Administrative Law Manual (State and Local). Helena: State Bar of Montana, 1992. Addresses constitutional foundations, separation of powers, judicial review outside the Montana Administrative Procedures Act, powers and proceedings of agencies in general, investigation, rule making, adjudication, and judicial review under the Montana Administrative Procedures Act. Rules. Appendix. Forms.
Bankruptcy -- Annual Bankruptcy Law Seminar. Helena: State Bar of Montana. Annual Continuing Legal Education Seminar. Graham, W. Arthur, and Edward Murphy. Fundamentals of Bankruptcy Law and Procedure in Montana. Eau Claire, Wisconsin: National Business Institute, 1999. Topics include rules, chapter eleven, chapter thirteen and protecting the creditor's position. Four audio cassettes and one manual.
Civil Procedure Dyre, Jon T., Channing J. Hartelius, and Joseph M. Sullivan. Civil Trial Procedures in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1992. Addresses topics such as pretrial issues, pleadings and motions, discovery, jury instructions, and post trial concerns. Eakin, Ira D., Paul R. Haffeman, Channing J. Hartelius, and T. Thomas Singer. Effective Discovery Procedures in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1994. Addresses rules of discovery, ethical considerations, techniques from both plaintiff's and defendant's perspective, depositions, and informal discovery and investigation strategies.
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Kerr, Lee R. Instant Lawyer. Hysham, Montana: Lee R. Kerr, 1993. A general form manual with WordPerfect data disks, for assisting Montana attorneys in the drafting of pleadings.
Commercial Law Peterson, Denise, editor-in-chief. Montana Commercial Law. Helena: State Bar of Montana, 1996. Analysis of the Uniform Commercial Code, federal legislation regarding commercial transactions, and Montana practices regarding commercial transactions.
Construction Law Rapkoch, Michael K. Montana Construction Law: What Do You Do When ...? Eau Claire, Wisconsin: National Business Institute, Inc., 2000. Discusses pre-contractual matters, defective bids, deficient plans and specifications, changed contracts, changes in job conditions, delayed performance, owner's threat to terminate the contract, failure to be paid, and means of resolving a dispute. - - Construction Law. Helena: State Bar of Montana, 1992 Discusses liens, conflicts, liability issues, and OSHA standards. Corporations Corporate Law Revision Committee, State Bar of Montana, Steven C. Bahls, Reporter. Montana's New Business Corporation Act and Nonprofit Corporation Act (MCA Title 35, Chapters One and Two). Helena: State Bar of Montana, 1991. Statutory Law. Analysis. Forms. Montana...We Mean Business: Business Filing Guidelines and Forms. Helena: Office of Secretary of State, 1995. "This guide has been designed to help you determine what needs to be done to start, expand, or end a business." From the introduction. Schedule of fees. Forms.
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Bahls, Steven C. Model Business Organization Forms: For Use in Montana. Helena: State Bar of Montana, 1993. "These forms are intended to comply with the 1991 revisions of the Montana Business Corporation Act and the Montana Nonprofit Corporation Act. The Partnership Agreement takes into account the changes in the Uniform Partnership Sct adopted in 1933. (From the introduction.)
County Government Montana Counties on the Move ... Revisited 1990. Helena: Montana Association of Counties, 1990. Provides an overview of county government. Areas discussed are: Montana county government, county offices (who does what), county services, and county finances. **Debtor/Creditor . Ginnings, Laurence J. and Michael J. Moore. Complying With the Fair Debt Collection Practices Act in Montana. Eau Claire, Wisconsin: National Business Institute, 1998. Topics include how to comply, the FDCPA lawsuit, ethical considerations, and damages. Four audio cassettes and one manual. Ginnings, Laurence J., Doug James, Edward (Rusty) Murphy, and James A. Patten. Successful Judgment Collection in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1994. Addresses strategy, how to discover assets, the Fair Debt Collection Practices Act, and collecting the judgment. Hamman, Rod, Scott M. Radford, and Dane C. Schofield. Collecting Judgments in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Covers strategies, discovery of assets, getting your money, and ethical considerations. Larsen, Dirk, Lisa Swan Semansky, David J. Dietrich, Renee J. Moomey, and Scot Schermerhorn. How to Get Results in Collection of Delinquent Debts in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1993. Discusses preventive collection, the Fair Debt Collection Practices Act, litigation, collecting the judgment, ethical obligations, and bankruptcy. Drinking and Driving Morris, Michael D. Montana DUI Manual: Processing Charges of Driving Under the Influence of Alcohol/Drugs in Montana.
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[Montana?]: [?] 1992. Three areas of discussion: apprehension, adjudication, and sentence and treatment. Forms. Education Law State Reporter of Education Law. Helena: State Reporter Publishing Company, 1982 "A prompt and authentic report of administrative and judicial decisions and opinions on education in the State of Montana." From preface to volume one. Table of cases and subject index for individual volumes.
Employment Law Bender, Ronald A., Thomas E. Hattersley III, John F. Lynch, Molly Shepherd, and Robert Terrazas. Montana Employment Discrimination Issues in the 90's. Eau Claire, Wisconsin: National Business Institute, Inc., 1993. Discusses sexual harassment, Civil Rights Act of 1991, wrongful discharge, Americans with Disability Act of 1990, affirmative action, and drug testing in the workplace. Bender, Ronald A., and Oliver H. Goe, Thomas E. Hattersley III, Bradley J. Luck, John F. Lynch, and John O. Mudd. Montana Labor Law and Employment. Eau Claire, Wisconsin: National Business Institute, Inc., 1992. Topics include avoiding lawsuits for wrongful discharge, avoiding lawsuits for employment discrimination, employee handbooks, and workers' compensation. Bender, Ronald A., Kristine L. Foot, Shelley A. Hopkins, Richard A. Larson, and Rick Pyfer. Montana Labor and Employment Law. Eau Claire, Wisconsin: National Business Institute, Inc., 1993. Discusses preventing lawsuits for wrongful termination, avoiding and defending employment discrimination charges, employee manuals and handbooks, and the workers' compensation process. Bronson, William O., Shelly A. Hopkins, Jeff P. Lynch, and Cynthia K. Smith. Defending Wrongful Discharge Claims Under Montana Law. Eau Claire, Wisconsin: National Business Institute, 1999. Topics include employment related torts, ethical considerations, and protecting yourself against wrongful discharge claims. Four audio cassettes and one manual. Dalthrop, David C., Jean E. Favre, Shelly A. Hopkins, and Margaret L. Sanner. Defending Wrongful Discharge Claims Under Montana Law. Eau Claire, Wisconsin: National Business Institute, 1997.
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Topics include employment-at-will doctrine, protecting yourself against wrongful discharge claims, ethical considerations, and related employment torts. Four audio cassettes and on manual. Montana Employment Law Letter. Brentwood, Tennessee: M. Lee Smith Publishers, LLC. A monthly newsletter focusing on developments in employment law.
Environmental Law The Law Firm of Crowley, Haughey, Hanson, Toole & Dietrich. Montana Environmental Law Handbook, Second Edition. Rockville, Maryland: Government Institutes, Inc., 1996. "This volume is intended as a general guide to the environmental law and rules of the State of Montana." (From the preface). Table of cases.
Estate Planning Attorney's Reference File of Will and Trust Forms. 3rd edition. Montana: Norwest Capital Management & Trust Co., 1991. Divided into following sections: forms of wills, forms of inter-vivos trusts, forms for special situations, basic will forms, special trust forms, forms of charitable trusts, forms of agencies, form of durable power of attorney, form of living will, tables and comments on federal estate and gift taxes, and Montana state inheritance taxes. Baskett, Richard M., Harry A. Haines, Sol Lovas, and Thomas J. Stusek. Planning Opportunities with Living Trusts in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1994. Topics include determining the need for a living trust, drafting and executing living trusts, funding and operating living trusts, and federal tax considerations. Braden, Morris J., John T. Jones, and Thomas J. Stusek. Basic Drafting of Wills and Trusts in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Discusses initial considerations, the marital deduction, revocable and irrevocable inter vivo trusts, document preparation systems, and miscellaneous tax considerations. Braden, Morris J., Donald J. Hamilton, Thomas J. Stusek, Gorham E. Swanberg, and R. William Walsh. Estate and Protective Planning Techniques in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Discusses transfer tax scheme, gifting, estate tax savings, the charitable deduction, specialized assets, probate vs. nonprobate, marital problems, and seniors' predisability planning.
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Hughes, Greg A., Marvin J. Knapstad, Jr., Daniel N. McLean, Gregory E. Olson, and Don C. St. Peter. Key Issues in Estate Planning and Probation In Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1993. Covers an overview of federal estate and gift tax laws, protecting the passage of wealth, postmortem tax planning, incapacity, ethical considerations, and federal income tax issues. Ethics Patterson, David J., Chairman. Montana State Bar Professional Conduct and Ethics Committee. Preamble, Scope and Comments to the Proposed Model Rules of Professional Conduct. Helena. State Bar of Montana, 1983. Commentary on proposed rules. Rules were effective July 1, 1985.
Evidence Anderson, Michael B., Channing J. Hartelius, and Curtis G. Thompson. Evidence in Trial Practice in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1993. Topics include expert witnesses, discovery, rules of evidence, and presentation of evidence - impacting the jury. Proposed Montana Rules of Evidence. Committee on Rules of Evidence. (Helena): State Bar of Montana, 1976. Study and analysis section-by-section of the proposed rules. The rules were subsequently adopted and can be found in Title 26 Chapter 10 Montana Code Annotated. Foreclosure Chumrau, Gary B., Martin S. King, and Don Torgenrud. Foreclosure and Repossession in Montana: How to Do it Right. Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Discusses real property foreclosures, security interests in personal property, article nine of the Uniform Commercial Code, and the effects of bankruptcy on a secured claim.
Freedom of Information Meloy, Peter Michael. Tapping Officials' Secrets: The Door to Open Government in Montana.
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[Washington, D.C.?]: The Reporters for Freedom of the Press, 1989. A "how to" manual. Addresses questions such as what records and whose records are subject to the Montana Public Records Act (M.C.A. 1-6-101 et seq.) and who can request them. Also discusses exemptions to disclosure, specific types of records, procedures for obtaining records, and open meetings. Moore, John. Privacy and the Right to Know: Montana Cases and Considerations. Helena: Montana Professional Development Center, Department of Administration Center, 1994. Synopsis of Montana Supreme Court decisions and opinions from the Office of the Attorney General.
Guardianship Montana Handbook for Guardians and Conservators. State Bar of Montana Elderly Assistance Committee. Helena: 1990. The purpose of this handbook is "to provide a basic guide to the responsibilities and duties of being a court-appointed guardian or conservator for an adult," with its focus "distinctly toward incapacity and the elderly." (From the preface.) Topics covered include the roles of attorneys, guardians, and conservators, medical care, financial resources, living arrangements, and selecting a nursing home. Forms and glossary. Insurance Georgetown University Institute for Health Care Research and Policy. Montana Guide to Recent Changes in Federal and State Health Insurance Laws. Helena: State Auditor's Office, 1998. Discusses issues revolving around the purchase, retention, and switching of health insurance. Contains sources for further information and a glossary. Hanson, Earl J., Rodney T. Hartman. Bad Faith Litigation in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1995. Discusses elements of bad faith law, pre-suit investigation, and the ins and outs of discovery. Meismer, Paul., Robert J. Phillips, and Susan P. Roy. Insurance Coverage Law in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1998. Topics include homeowner's insurance policies, auto liability policies, general liability insurance, and unfairness claim. Four audio cassettes and one manual. Montana Buyer's Guide to Medicare Supplement Insurance.
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Helena: State Auditor's Office, 1998. Medicare discussion. Contains pertinent telephone numbers, a list of carriers, a checklist and glossary, and an insurance inquiry/complaint form. Montana Consumer's Guide to Long Term Care. Helena: State Auditor's Office, 1996. Addresses various aspects. Has sources for further information, a checklist, a glossary and a list of long term care insurance carriers.
Jury Instructions Montana Criminal Jury Instructions. Montana Supreme Court Criminal Jury Instruction Commission. Montana: State Bar of Montana, 1990. Looseleaf format. Annotated guide to criminal offenses. Index. Montana Pattern Instructions (Civil). Montana Supreme Court Commission on Civil Jury Instructions. Montana: 1987. Looseleaf format. Instructions for various civil causes of action. Annotated. Landlord/Tenant Dayton, Peter S. and Thomas E. Richardson. The Essentials of Office and Retail Leases in Montana. Eau Claire, Wisconsin: National Business Institute, 1998. Topics include leasing process, lease economics, lender issues, particular lease issues, tenant defaults, ethical considerations and insurance issues. Four audio cassettes and one manual. Sitte, Klaus D. For Rent: The Complete Landlord and Tenant Guide. [Montana?] Klaus D. Sitte, 1994. A detailed analysis of the Montana Residential Landlord and Tenant Act. Table of contents. Synopsis of Montana Supreme Court landlord/tenant cases.
Land Use Attorney General's Guidelines and Checklists. Helena: Attorney General's Office, 1997. Purpose is "to assist state agencies in identifying and evaluating proposed agency actions that may result in the taking or damaging of private property," from the introduction.
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Congdon, Walter E., Martin S. King, and Michael W. Sehestedt. Major Land Use Law in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1992. Addresses various aspects of zoning and environmental concerns. Dowdall, Colleen M., James M. Madden, and Jim Nugent. Land Use Law Update in Montana. Eau Claire, Wisconsin: National Business Institute, 1999. Addresses land division, municipal zoning laws and urban land use decisions, and environmental and special use regulations. Four audio casettes and one manual. Montana's Subdivision and Surveying Laws and Regulations. 17th ed. Helena: Montana Department of Commerce Community Technical Assistance Program, 1995. Relevant laws and regulations regarding the land subdivision process. Digest of Montana Supreme Court and state district court decisions and attorneys general opinions. Mental Health Law Gallagher, Mary. Your Mental Health Rights in Montana. Helena: Montana Advocacy Program, 1989. "This manual is intended for any person who is brought into contact with the legal system through emergency detention, mental health commitment proceedings, guardianship proceedings or who has occasion to be involved with mental health facilities or providers of this state as a consumer of mental health services." (From preface).
Montana Constitution Montana Constitutional Convention 1971-1972. 8 vols. Helena: Montana Legislative Council, 1979-1982. Volumes one and two have biographical information on delegates, a table of delegates by district, staff, interns, delegate proposals, and committee proposals and reports of the Committee on Style, Drafting Transition and Submission. Volumes three through seven contain verbatim transcripts of the deliberations. Volume eight is the index. It has combined a delegate and a subject approach into one volume. Proceedings and Debate of the Constitutional Convention Held in the City of Helena, Montana, July 4, 1889, August 17, 1889. Helena: State Publishing Company, 1921. Verbatim daily accounts of the deliberations. Has two indexes: subject and delegate.
Montana Constitution - Miscellaneous
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Numerous reports, studies, recommendations etc., regarding the 1972 constitution were published. For acquisition information contact the Montana Legislative Council.
Montana Supreme Court Annual Report of the Montana Judiciary. Helena: Supreme Court, State of Montana. Native American Law The Tribal Nations of Montana: A Handbook for Legislators. Helena: Legislative Council, 1995. The purpose of this handbook is primarily educational--to raise the general level of knowledge and awareness of Indian nations among legislators, state government personnel and other interested citizens of Montana, especially teachers and students. From the Preface. Bunch, Steven L. Treaties and Statutes Pertaining to Montana Indian Reservations. 2 vols. Helena: Montana Legal Services Association [1984?]. Organized by general documents and by specific reservations. Johnson, Ralph, editor. Indian Tribal Codes: a Microfiche Collection of Indian Tribal Law Codes. Seattle: Marion Gould Gallagher Law Library, School of Law, University of Washington, 1988. Fifty-six tribal codes are covered. Has the following Montana tribal codes: Blackfeet, Flathead, Fort Belknap, Northern Cheyenne, and Rocky Boy. A 1980 edition has the Crow and Fort Peck tribal codes. The 1988 edition has a paper by Richard L. Davies entitled " A Survey of Contemporary Tribal Codes" which "is a survey of Indian tribal codes, their history and current content." (From p. 6 of the paper.) Lopach, James J., Margery Hunter Brown, and Richmond L. Clow. Tribal Government Today - Politics on Montana Indian Reservations. Boulder, Colorado: University Press of Colorado, 1998. A detailed study of Montana's seven Indian reservations. Analysis of the "reservation setting and economy, the historical evolution of reservation government, the distinctive brand of politics found on a reservation today, and characteristics of contemporary governmental structure." (From the preface.)
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Paralegals Atkin, Steven L. and Thomas H. Stenton. Effective Legal Writing for Paralegals in Montana. Eau Claire, Wisconsin: National Business Institute, 1998. Topics include the writing process, writing memoranda and correspondence and drafting pleadings. Dolan, Lynda M. and Joanne Scheiern. Document Production and Organization in Montana: Management Strategies for the Litigation Paralegal. Eau Claire: Wisconsin: National Business Institute, 1997. Addresses topics such as discovery, acquisition, organizing, and technology. Howard, Molly K., Darla J. Keck, Charles H. Recht, and Joanne Scheiern. Paralegals and the Litigation Team in Montana. Eau Claire, Wisconsin: National Business Institute, 1997. Addresses special considerations, discovery techniques, depositions, trial preparation, and the trial itself. Four audio cassettes and one manual.
Personal Injury Anderson, Michael B. and Dane C. Schofield. Personal Injury Settlements in Montana: Pratical Methods for Perfecting the Settlement of a Claim. Eau Claire, Wisconsin: National Business Institute, 1998. Topics include medicare and ERISA, mediation/settlement/subrogations/ reimbursements, liens and privileges, drafting strategies, and ethical considerations. Four audio cassettes and one manual. Anderson, Michale Jr. and Robert C. Kelleher. Trying the Automobile Injury Case in Montana. Eau Claire, Wisconsin: National Business Institute, 1997. Topics include settlement methods and proposals, plaintiff considerations, and trial. Four audio cassettes and one manual. MDTL Release Deskbook. Helena: Montana Defense Trial Lawyers, Inc., 1989. Covers "... a broad spectrum of settlement agreements and releases relating to personal injury actions." From the preface. Focuses on the general release, multiparty, partial, and complex releases, structured settlements, and releases with minors. Planning and Zoning Weddle, Richard M.
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Montana Planning and Zoning Law Digest. Helena: Montana Department of Commerce, 1996. "The Montana Planning and Zoning Law Digest is a comprehensive summary of judicial decisions and attorneys general opinions which have discussed the authority of Montana's municipalities and counties to plan for and regulate the use of land under the state's planning and zoning enabling statutes." (From the preface.) Table of contents. Cases cited. Attorneys General Opinions cited. Statutes and Constitutional Provisions cited. Words and Phrases defined. Index
Pleadings - Civil Litigation Crowley, William F. Montana Pleading and Practice Forms. (Missoula): School of Law, University of Montana, 1983. Commentary, Annotations. Subjects include process and service, motion practice, discovery, pre-trial judgment, and post-trial.
Political Science Lopach, James J., Lauren S. McKinsey, Thomas Payne, Ellis Waldron, Jerry W. Calvery, and Margaret H. Brown. We the People of Montana ..., The Workings of a Popular Government. Missoula: Mountain Press Publishing Company, 1983. A study of Montana politics. Subjects include Montana's two constitutions, political parties, interest groups and elections, the three branches of state government, local government, and natural resource policy.
Probate Boone, Thomas H., Harry A. Haines, Davis L. Johnson, Robert G. Michelotti, Jr., Gorham E. Swanberg, and R. William Walsh. Basic Probate In Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1988. Covers various topics under death and provides a checklist and forms. George, Alexander A., Don C. St. Peter, A. Roger Little III, and Michael F. McMahon. Basic Probate Procedures and Practice in Montana. Eau Claire, Wisconsin: National Business Institute, 1998. Topics include initiating the process, spouse's rights and family maintenance, basic tax matters, closing the estate, and ethical considerations. Four audio cassettes and one manual.
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Knapstad, Marvin James, Jr., Don C. St. Peter, and Dale E. Reagor. Basic Probate Procedures and Practice in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1994. Discusses the probate process, spouses' rights and family maintenance, basic tax matters, closing the estate, and common probate problems. Niklas, David N. Montana Probate Forms. Helena: State Bar of Montana, 1990. Forms and index of forms. Forms include probate, ancillary probate, guardianship, conservatorship, durable power of attorney, and living will declarations.
Real Estate Bucher, William H., R.J. (Jim) Sewell, Jr., and William G. Sternhagen. Boundary Disputes in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1992. Addresses retracement surveys, maintenance and termination of easements, adverse possession, and resolution of boundary disputes. Brown, Holly B. and Harry A. Haines and Michael F. Kleese. Mastering Real Estate Titles and Title Insurance. Eau Claire, Wisconsin: National Business Institute, 1997. Addresses the real estate title, title insurance, ethical considerations, and an overview of title insurance, claims and litigation. Doak, Jon E., Daniel B. Levine, Donald L. Ostrem, and Mary Scrim. Basic Real Estate Law in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Subjects include initial considerations, getting the paperwork right, financing, securing clear and free title, and commercial real estate considerations. Dockery, Michael S., Michael F. Kleese, and James T. Howard. Montana Real Estate Title Law: Problems and Solutions. Eau Claire, Wisconsin: National Business Institute, 1997. Topics include the purchase agreement, title insurance, title examination, curing title problems, ethical considerations, and access and road issues. Four audio cassettes and one manual. Knight, Robert M., James A. Poore, III, and Lewis K. Smith Advanced Real Estate Law In Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1994. Addresses free and clear title, the permitting process and environmental liabilities, and liens and credit issues. Levine, Daniel B., Maurice A. Maffei, H. Dale Schwanke, and Lewis K. Smith.
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Keys to Success in a Real Estate Transaction in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1993. Addresses fundamental strategies in initiating the deal, financing the transaction, rights and duties of the parties, obtaining title, and closing. McDonald, John W., Jr. Montana Real Estate Forms. Missoula: School of Law, University of Montana, 1988. Subjects include brokers' contracts, contract for deed contract assignments, deeds, options, escrow, mortgages, trust indenture, construction lien, leases, and land titles.
Rules of Court Montana Rules of Court. St. Paul, Minnesota: West Group. Annual. Coverage includes rules of civil procedure, appellate procedure, and rules of evidence for both Montana and federal courts. Rules of Practice and Procedure for Montana State District Courts. Helena: State Reporter Publishing Company. Annual. Contains Uniform District Court Rules and rules of practice for the First through Twenty-first judicial districts. Safety and Health Liuzza, Joe, Charles R. Nicholls, and Todd Wulf. OSHA Compliance in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Topics include regulatory update, complying with complex hazard communication standards, material safety data sheet and labeling, inspections and administrative procedures, record keeping requirements, and avoiding civil and criminal liability.
Senior Citizens Senior Citizens Legal Handbook. Helena: State Bar of Montana Elderly Assistance Committee, 1992. Discusses financial relief, health care, protective arrangements, estate planning, landlord/tenant, consumer problems, and age discrimination. Sources of information.
Small Claims Court A Guide to the Small Claims Court System in Montana. [Missoula?]: Montana Public Interest Research Group, 1984. Specifically written for the lay person, explaining the small claims court system.
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Water Law Bloomquist, John E. and Holly J. Franz. Fundamentals of Water Law in Montana: Protecting Water Rights, Use and Quality. Eau Claire, Wisconsin: National Business Institute, 1998. Topics include issues impacting water use, water quality, challenges and opportunities, and ethical considerations. Four audio cassettes and one manual. Stone, Albert W. Edited by Frances Wells. Montana Water Law. Helena: State Bar of Montana, 1994. "This book attempts to draw together and restate in a coherent fashion the current State of Montana and federal cases, statutes, and other material bearing upon Montana water rights." (From the preface). Table of contents. Table of cases. Table of statutes. Index. Water Rights in Montana. Helena: Montana Department of Natural Resources and Conservation, 1993. Aspects include adjudication of existing water rights, new appropriations of water, the permit system, changes in water use, and closure of highly appropriated basins. Tables. Figures. List of water right forms. Sources of information.
Workers' Compensation Bronson, William O., Oliver H. Goe, W. Kent Kleinkopf, and Robert E. Sheridan. Workers' Compensation in Montana. "Issues and Answers". Eau Claire, Wisconsin: National Business Institute, Inc., 1991. Subjects include what to be aware of when the claim is filed, current medical issues, getting the employee off workers' compensation, hearings, and safety at the workplace. Bronson, William O., William J. Mattix, Thomas J. Murphy, Terry G. Spear, and Andrew J. Utick. Advanced Workers' Compensation in Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1994. Covers recent legislation, hearing process, Americans with Disabilities Act, causal relationship, apportionment, subsequent injury fund involvement, vocational rehabilitation, occupational stress, appellate process and practice, ethical considerations, and third-party cases and subrogation. Bronson, William O., Richard R. Buley, Kristine L. Foot, and Andrew J. Utick. Workers' Compensation In Montana. Eau Claire, Wisconsin: National Business Institute, Inc., 1993.
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Discusses recent developments, safety in the workplace, medical issues, helping the employee to get back to work, ethical considerations, and hearings.
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DIRECTORIES
Lawyer's Deskbook & Directory This annual publication of the State Bar of Montana contains a wealth of information. Subjects covered include the names and addresses of attorneys licensed to practice law in Montana - both those living in Montana and those living outside the state, the composition of the following courts and offices: Montana Supreme Court, justices of the peace, city judges, county attorneys, clerks of court and federal courts, and miscellaneous information on the state bar itself.
Martindale-Hubble Law Directory Another directory with information on Montana attorneys, this is an annual publication. Published by the Reed Publishing Company, this directory contains names, and where submitted, biographical sketches, types of law practiced, and representative clients, of attorneys in all fifty states and the District of Columbia.
Legislative Directory This provides general information on Montana's legislators, such as district and Helena address and telephone numbers, occupations, and committee assignments. It is a biennial publication of the Montana Legislative Council.
Your Guide to Montana's XXth Legislative Assembly A biennial publication of Montana Electric Cooperatives Association, this provides biographical information of Montana legislators. A photograph accompanies each description.
Montana State and County Elected Officials This biennial directory provides names and office addresses of state and county officials. It is published by the Office of the Secretary of State.
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MISCELLANEOUS SOURCES
The Commentator Semi-annual publication of the Montana Defense Trial Lawyers. Articles of interest concerning civil litigation.
Continuing Legal Education For continuing legal education purposes, seminars on various legal subjects are held in Montana throughout the year. A key component of a seminar is the written material that is handed out to the participants. The material is usually a more detailed account of the speakers' oral presentations. Information about many of these publications can be obtained by contacting the State Bar of Montana. The State Law Library of Montana has a collection of approximately 400 audio and videotape titles on various legal subjects. Both collections are particularly strong in trial techniques. Within parameters, Montana attorneys can obtain CLE credits by using the tapes. For more information contact the State Law Library.
Legislative Materials The primary publisher for legislative material is the Montana Legislative Council. Reports, studies and recommendation on various topics, bill drafting manuals, and 1972 Constitutional Convention information are examples of what is published.
Montana Bankruptcy Reports Selective coverage of substantive bankruptcy rulings. Digest format. Publisher is Montana Law Week.
Montana Federal Reports Selective coverage of the opinions from federal district courts located in Montana. Digest format. Publisher is Montana Law Week.
Montana Green Book Montana Green Book, 1986-1993. Provides cross citation tables to and from the State Reporter, Montana Reports, and the Pacific Reporter. Montana Green Book is published by State Reporter Publishing Company.
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Montana Law Review First published in 1940, this scholarly journal is published twice a year by the School of Law in Missoula. It contains articles, comments, and notes by law faculty members, practicing attorneys, and law students on Montana law-related subjects. Volume 46, 1985, has a cumulative index for volumes one through forty-six, and volume 50, 1989, has one for volumes one through fifty.
The Montana Lawyer The formal journal of the State Bar of Montana. Published monthly except July and August.
Montana Law Week Digests of the following: All Supreme Court opinions and its substantive orders, all Attorney General opinions, and selective opinions from state district courts, federal district courts in Montana, federal ninth circuit, and Workers' Compensation Court. Publisher is Montana Law Week.
Montana Supreme Court Preview Reports of newly filed appeals and petitions. Publisher is On-Line Communications.
Public Land Review Since 1980 the University of Montana School of Law has annually published this journal which contains articles, comments, and notes on legal issues concerning the public lands. Trial Trends Quarterly publication of the Montana Trial Lawyers Association. Articles of interest concerning civil litigation.
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STATE LAW LIBRARY OF MONTANA
Located in the capitol complex in Helena, the Law Library is a public facility open to everyone, attorney and lay person alike. Its collection of approximately 150,000 volumes includes statutes and case law from all fifty states, the District of Columbia, and the federal legislative and judicial branches of government, as well as federal administrative law. A large portion of the collection consists of looseleaf services, treatises, form books, and individual books on legal practice and procedure. There are subscriptions to over 450 legal periodicals. In addition to the traditional format of paper sources, the Law Library has a collection of approximately 475 titles on audio and video tapes, various materials on CDROM, access to the internet, and conducts computer assisted legal research on a cost recovery basis. The Law Library is a selective United States Government Depository Library, and a repository for reports and tapes produced with State Justice Institute funding. A particular strength of the Law Library is its Montana related material. The collection includes legislative sources, such as bills, committee minutes, interim committee reports, journals, legislative histories, and all territorial and state codes and session laws. Montana Supreme Court opinions and briefs that have been filed before the Supreme Court are available, as are administrative rules, constitutional convention proceedings for both the 1889 and 1972 constitutional conventions, Attorney General opinions, and publications by the State Bar of Montana. The Law Library's address is: Justice Building, 215 North Sanders, P.O. Box 203004, Helena, MT 59620-3004. Telephone and FAX numbers are, respectively, (406) 444-3660 and (406) 444-3603. The Law Library home page address is: http://www.lawlibrary.state.mt.us. From this site, one can access the Montana Code Annotated, Montana Supreme Court Opinions (from
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January 1997 to the present), the State of Montana home page, federal materials, and various other legal and non-legal information.
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SCHOOL OF LAW - UNIVERSITY OF MONTANA
Founded in 1911, the Law School is located in Missoula. Accredited by both the Association of American Law Schools and the American Bar Association, it offers the Juris Doctor (J.D.) degree upon the successful completion of ninety semester credits. At least six semesters of study are required for graduation. The Law School has approximately 235 students. According to its 1997/1998 bulletin, "[w]hile many law schools emphasize legal theory, we integrate theory with practical experience. You will draft contracts, create corporations, counsel clients, negotiate transactions, try a case to a jury and argue an appeal. P.2. For more information contact: School of Law University of Montana Missoula, Montana 59812 (406) 243-4311 Or see their web page: http://www.umt.edu/law/.
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STATE BAR OF MONTANA
Located in Helena, the State Bar of Montana is the formal association for the Montana legal profession. It is an integrated bar, meaning that membership is a mandatory requirement for those attorneys licensed to practice law in the state. As of May 11, 1999, membership was 3,702: 2,494 active in-state, 486 active out-of-state, 152 inactive in-state, 450 inactive out-of-state, 110 (95 in-state and 15 out-of-state) judicial members. The State Bar has a board of trustees and a permanent staff headed by an executive director. Annual elections are held for officers. The State Bar is active in many areas. It administers the continuing legal education requirements for attorneys. It sponsors legal seminars, and it publishes material on various legal subjects. Its committees, such as the ones on ethics, elderly assistance, judicial standards, and lawyer referral, address special concerns. The State Bar has a web page which includes formal ethics opinions issued by the State Bar of Montana's Ethics Committee upon request of the Bar's members, who pose the questions answered in the opinions. The opinions are advisory only, based on the Committee's reading of the Rules of Professional Conduct. They are non-binding. Also included on the web page are the rules and regulations related to attorney conduct. The address is www.montanabar.org. The State Bar can be contacted at: 46 North Last Chance Gulch Suite 2-A Helena, Montana 59624-0577 Ph: (406) 442-7660 Fax: (406) 442-7763 E-mail: [email protected] Or via their web page: http://www.montanabar.org/.
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PUBLISHERS' ADDRESSES
Bureau of National Affairs 1231 25th Street N.W. Washington, D.C. 20037 (800) 373-1033 Commerce Clearing House 4025 West Patterson Avenue Chicago, IL 60646 (312) 583-8500 Government Institutes, Inc. 4 Research Place Suite 200 Rockville, MD 20850 Lee R. Kerr P.O. Box 72 Hysham, MT 59038 (406) 342-5842 Lexis Law Publishing P.O. Box 7587 Charlottesville, VA 22906 Marion Gould Gallagher Law Library School of Law University of Washington Seattle, WA 98105 (206) 543-4089 Montana Advocacy Program 1410 Eighth Avenue Helena, MT 59601 (800) 245-4743 (406) 444-3889 Montana Association of Counties 1802 Eleventh Avenue Helena, MT 59601 (406) 442-5209 Montana Defense Trial Lawyers, Inc. 36 South Last Chance Gulch Helena, MT 59601 (406) 443-1160
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Montana Electric Cooperative Association P.O. Box 1306 Great Falls, MT 59403 (406) 761-8333 Montana Law Week 33 South Benton Helena, MT 59601 (800) 233-0668 Montana Legal Services Association 801 North Last Chance Gulch Helena, MT 59601 (406) 442-9830 www.montanalegalservices.com Montana Legislative Council Room 138 State Capitol Helena, MT 59620 (406) 444-3064 Montana Public Interest Research Group 729 Keith Avenue Missoula, MT 59801 Montana Trial Lawyers Association P.O. Box 535 Helena, MT 59624 (406) 442-8848 Mountain Press Publishing Company P.O. Box 2399 Missoula, MT 59806 (406) 728-1900 National Business Institute, Inc. P.O. Box 2399 Eau Claire, WI 54702 (715) 835-8525
Office of Secretary of State Room 225 State Capitol Helena, MT 59620 (406) 444-2896
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On-Line Communication 33 South Last Chance Gulch P.O. Box 1236 Helena, MT 59601 (406) 443-5205 Prentice Hall 270 Sylven Avenue Englewood Cliffs, NJ 07632 (800) 447-1717 Professional Education System, Inc. P.O. Box 1208 Eau Claire, WI 54702 (800) 826-7155 Reed Publishing Company c/o Publishers Business Service P.O. Box 643 Cambridge, MA 02159 (617) 491-6562 The Reporters Committee for Freedom of the Press P.O. Box 33756 Washington, DC 20033-0756 School of Law University of Montana Missoula, MT 59812-1071 (406) 243-4311 State Bar of Montana 46 North Last Chance Gulch Suite 2A Helena, MT 59624 (406) 442-7660 State Reporter Publishing Company P.O. Box 749 Helena, MT 59624 (406) 449-8889 United States Government Printing Office North Capitol and H Streets NW Washington, DC 20401 Attn: Superintendent of Documents (202) 783-3238 West Group
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PO Box 64779 St. Paul, MN 55164-0779 (800) 328-9352 Westview Press 5500 Central Avenue Boulder, CO 80301 49th Parallel Institute Montana State University Bozeman, MT 59717 (406) 994-4636
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INDEX
Administrative Law 41 Administrative Procedure Act 41 Administrative Rules of Montana 41 Advisory Opinions 44 Annotations 26, 29, 31, 53 Appellate Briefs 13, 59 Appellate Procedure 23 Asbestos Claims Court 9, 24 Associate Justice 5, 59 Attorney General 12, 31, 42, 44 Bannack 4, 25, 36 Boos, George E. 25 Briefs 13-14, 54, 79 Case Law Citations 14 Case Law, Finding 15 Chief Justice 5, 9, 59 Citations 14, 19 Citators 19 City Courts 10, 23 Civil Procedure 23 Clerk of the Montana Supreme Court 13 Codes and Statutes of Montana 26 Compiled Statutes of Montana 26 Conference Committee 34 Computer Assisted Legal Research 16, 18, 51-56 Constitution, Montana 1889 4, 21, 27, 32, 36 Constitution, Montana 1972 5, 21, 23, 29, 32, 54 Constitutional Convention 4, 54 Criminal Procedure 23 Cross References 30 Digests 17 American Digest 17 Montana Digest 17 Pacific Digest 17 Directories 76 District Courts, Montana 5, 8-10, 13, 22-24, 41 Enabling Act 4, 36 Federal Courts 58 Field Code 25 Free Conference Committee 35 Glossary 90 History and Final Status 37 Idaho Territory 4 International Agreements 50 Interstate Compacts 49
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Journals 36 Judicial Districts 6 Judiciary 5 Juris 52 Justice of the Peace 7 Justices' Courts 7, 23 Legislative Council 29, 37, 68, 84 Legislative History 30,39 Legislative Intent 39 Legislative Journals 36 Legislative Review 37 LEXIS-NEXIS 51 Loislaw 52 Looseleaf Publications 57 Montana Administrative Register 42 Montana Code Annotated 29, 30, 53 Montana Code Annotated Annotations 29, 31-32, 53 Montana Reports 12, 13, 19, 77 Montana Legislature 33-40 Montana Territory 4 Montlaw 53 Ordinances 7 Organic Act 4, 32 Pacific Reporter 13, 15, 17, 19-22 Procedure 23-24 Proposed Legislation 34 Publishers' Addresses 83-86 Readings 36 Revised Codes of Montana of 1907 26 Revised Codes of Montana of 1921 27 Revised Codes of Montana of 1935 27 Revised Codes of Montana of 1947 27, 30 Revised Statutes of Montana 25 Revised Statutes of the Territory of Montana 25 Roll call votes 39 Rules Civil Procedure 23 Appellate Procedure 23 Criminal Procedure 23 Evidence 24 Sanders Edition 26 Sanders, Wilbur F. 26 School of Law, University of Montana 81 Selected Legal Materials 60-75 Session Laws 21, 36-37, 79 Shepard's 19-22 Slip Opinions 12, 44
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Small Claims Court 7, 24 State Bar of Montana 53, 54, 82, 85 Statehood 4 State Law Library of Montana 12, 13, 14, 22, 39, 52, 79 Web Page 53 State Reporter 12 Statutory History 30 Supreme Court, Montana 5, 12, 23, 51 Supreme Court, United States 52, 53, 59 Territory 4 Uniform Laws 45 Veto 34 Water Courts 8, 24, 53 Water Rights 8 WESTLAW 51 Workers' Compensation 43 Workers' Compensation Court 8, 24, 43 Workers' Compensation Judge 8, 43 Youth Courts 10, 24
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GLOSSARY
All definitions are taken from Black's Law Dictionary, 6th edition. Administrative Law - Body of law created by administrative agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties of such agencies. Advance Sheets - Pamphlets containing the most recently reported opinions of specific courts or the courts of several jurisdictions. Annotation - A remark, note, case summary or commentary on some passage of book, statutory provision, or the like, intended to illustrate or explain its meaning. Appellate Jurisdiction - The power vested in an appellate court to review and revise the judicial action of an inferior court, evidenced by an appealable order or an appealable judgment rendered by such court. Brief - A written statement prepared by the counsel arguing a case in court. It contains a summary of the facts in the case, pertinent laws, and an argument of how the law applies to the facts supporting counsel's position. Case - A judicial proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed. Case Law - The aggregate of reported cases as forming a body of jurisprudence, or the law of a particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law. Citators - A set of books which provide, through letter-form abbreviations or words, the subsequent judicial history and interpretation of reported decisions. The citators also denote the legislative and amendment history, and cases that have cited or construed constitutions, statutes, rules, regulations, etc. Code - A systematic collection, compendium or revision of laws, rules or regulations. Constitution - The organic and fundamental law of a nation or state, which may be written or unwritten, establishing the charter and conception of its government, laying the basic principle to which its internal life is to be conformed, organizing the government, and regulating, distributing, and limiting the functions of its different departments, and prescribing the extent and manner of the exercise of sovereign power. Court of First Instance - A court of original or primary jurisdiction. Decision - A determination arrived at after consideration of facts, and in legal context, law.
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Digest - An index to reported cases, providing brief statements of court holdings or facts of cases, which is arranged by subject and subdivided by jurisdiction and courts. Enabling Act- Term applied to any statute enabling persons, corporations, or agencies to do what before they could not do. Et seq. - An abbreviation for "and the following." Interstate Compact - A voluntary agreement between two or more states which is designed to meet common problems of the parties concerned. Jurisdiction - Authority by which courts act. It exists when a court has cognizance of the class of cases involved, proper parties are present, and point to be decided is within the powers of the court. Opinion - A statement by a judge or court of the decision reached in regard to a case tried or argued before them, expounding the law as applied to the case, and detailing the reasons upon which the judgment is based. Organic Act - An act of Congress conferring powers of government upon a territory. Reporters - Published volumes of case decisions by a particular court or group of courts. Slip Opinion - An individual court decision published separately soon after it is rendered. Statute - An act of the legislature declaring, commanding, or prohibiting something. Statutory Law - That body of law created by acts of the legislature in contrast to constitutional law and law generated by the decisions of courts and administrative bodies. Supersede - Obliterate, set aside, annul, replace, make void, inefficacious or useless, repeal. Uniform Laws - Laws in various subject areas, approved by the Commissioners on Uniform State Laws, that are often adopted, in whole or substantially, by individual states, their purpose being to make the laws on various subjects uniform throughout the states.
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Free A GUIDE TO - Montana
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