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Description

Instructions

General Instructions for Learning Activities

Read/watch all assigned materials listed for the week in Overview.

Refer to assigned course materials, cases, and/or statutes to support conclusions.

Review the grading rubric.

Put your name on your file.

Save your work in Word (.doc or .docx), RTF, or PDF format.

Submit your work to the correct week’s Learning Activity link in the Assignment Folder.

Learning Activity due 11:59 pm ET Saturday

Background: Chang and Martinez want you to prepare a research exercise they will use at the next READ professional development seminar for paralegals and legal assistants. You are to complete the assignment and submit it to them for approval.

Instructions:

Part A

1. On Westlaw, find the U.S. Code provision that states the criminal penalty for unauthorized use of the “Woodsy Owl” character.

Provide the full and correct

Bluebook

citation to this statute (including specific subsection, if any).

Tip: review Instructor Notes re: how to cite statutes.

2. On Westlaw, find the definition of “Smokey Bear” in the U.S. Code.

Provide the full and correct

Bluebook

citation to this statute (including specific subsection, if any).

3. Eliminating unnecessary characters saves time when searching with a citation in Westlaw. What would one enter in the GSB to retrieve section 2381 of Title 18 of the U.S. Code using only NINE (9) characters?

Tip: to locate a statute by citation in Westlaw, we don’t need to use

Bluebook

format in the GSB. See what happens when you reduce or eliminate spaces, punctuation, and some abbreviations.

4. Go to section 2381 of Title 18 of the U.S. Code; what is the name of this section?

Tip: look for the words just to the right of § 2381.

5. Does section 2381 of Title 18 of the U.S. Code have any KeyCite flags? If so, click on the flag and describe what it tells a researcher.

Part B

6. Go to the Westlaw home page.

Click on Statutes and Court Rules

Click on Maryland

Look to the right side of the page, under a column titled, TOOLS & RESOURCES

Click on Maryland Statutes Find Template

Enter 15-601 in the box next to MD EST & TRST s and click on, “GO.”

What is the name of this section?

Tip: look for the words to the right of § 15-601.

7. Within the section found in Question 6, find the subsection that defines the term, “Remote computing service.” Provide the full

Bluebook

citation for this subsection.

Tip: Be precise! Cite the relevant subsection, not the entire section.

8. Using

Bluebook

format, cite these consecutive sections of the

Estates and Trusts

article in

West’s Annotated Code of Maryland

: section 15-603; section 15-604; section 15-605; section 15-606; section 15-607; and section 15-608.

Tip: Do not list six separate citations. Provide one citation that, by its format, tells the reader to consult all six consecutive sections.

9. Using

Bluebook

format, cite these consecutive subsections of the

Estates and Trusts

article in

West’s Annotated Code of Maryland:

subsections 15-605(d)(2)(ii) through (d)(2)(iv).

Tip: Do not list three separate citations. Use only one citation that, by its format, tells the reader to consult all three consecutive subsections.

10. Using

Bluebook

format, cite these two non-consecutive sections of the

Estates and Trusts

article in

West’s Annotated Code of Maryland

: section 15-603 and section 15-608.

Tip: Do not list two separate citations. Provide one citation that, by its format, tells the reader to consult both non-consecutive sections.

§ 15-605. Procedure for disclosing digital assets, MD EST & TRST § 15-605
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-605
§ 15-605. Procedure for disclosing digital assets
Effective: October 1, 2016
Currentness
Scope of disclosure
(a) When disclosing the digital assets of a user under this subtitle, a custodian may in its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user’s account;
(2) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which
the fiduciary or designated recipient is charged; or
(3) Provide a fiduciary or designated recipient a copy in a record of a digital asset that, on the date that the custodian received
the request for disclosure, the user could have accessed if the user were alive or had full capacity and had access to the account.
Administrative charge
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this subtitle.
Deleted assets
(c) A custodian need not disclose under this subtitle a digital asset deleted by a user.
Unduly burdensome requests
(d)(1) If a user directs or a fiduciary requests a custodian to disclose only a portion of the user’s digital assets under this subtitle,
the custodian need not disclose the assets if segregation of the digital assets would impose an undue burden on the custodian.
(2) If the custodian believes under paragraph (1) of this subsection that the direction or request imposes an undue burden,
the custodian or fiduciary may seek an order from a court to disclose:
(i) A subset, limited by date, of the user’s digital assets;
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-605. Procedure for disclosing digital assets, MD EST & TRST § 15-605
(ii) All of the user’s digital assets to the fiduciary or designated recipient;
(iii) None of the user’s digital assets; or
(iv) All of the user’s digital assets to the court for review in camera.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-605, MD EST & TRST § 15-605
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-604. Terms-of service agreement, MD EST & TRST § 15-604
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-604
§ 15-604. Terms-of service agreement
Effective: October 1, 2016
Currentness
Impairment of rights
(a) This subtitle does not change or impair the right of a custodian or a user under a terms-of-service agreement to access or
use the digital assets of the user.
Expansion of rights
(b) This subtitle does not grant a fiduciary or designated recipient new or expanded rights other than those held by the user for
whom or for whose estate or trust the fiduciary or designated recipient acts or represents.
Modification or elimination of access
(c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by:
(1) A user;
(2) Federal law; or
(3) A terms-of-service agreement if the user has not provided direction under § 15-603 of this subtitle.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-604, MD EST & TRST § 15-604
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-608. Disclosure of content of electronic…, MD EST & TRST §…
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-608
§ 15-608. Disclosure of content of electronic communications of principal
Effective: October 1, 2016
Currentness
To the extent that a power of attorney expressly grants an agent authority over the content of electronic communications sent
or received by the principal and unless directed otherwise by the principal or a court, a custodian shall disclose to the agent
the content if the agent provides the custodian:
(1) A written request for disclosure in a physical or electronic form;
(2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic
communications of the principal;
(3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) If requested by the custodian:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify
the principal’s account; or
(ii) Evidence linking the account to the principal.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-608, MD EST & TRST § 15-608
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-607. Disclosure of other digital assets of deceased user, MD EST & TRST § 15-607
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-607
§ 15-607. Disclosure of other digital assets of deceased user
Effective: October 1, 2016
Currentness
Unless a user prohibited disclosure of digital assets or a court directs otherwise, a custodian shall disclose to the personal
representative of the estate of the user a catalogue of electronic communications sent or received by the user and the digital
assets of the user, other than the content of the electronic communications, if the personal representative provides the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the certificate of the user’s death;
(3) A copy of the letters of administration of the personal representative or court order appointing a special administrator; and
(4) If requested by the custodian:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify
the user’s account;
(ii) Evidence linking the account to the user;
(iii) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(iv) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item; or
2. Disclosure of the catalogue of electronic communications of the user is reasonably necessary for administration of
the estate.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-607. Disclosure of other digital assets of deceased user, MD EST & TRST § 15-607
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-607, MD EST & TRST § 15-607
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-603. User direction for disclosure of digital assets, MD EST & TRST § 15-603
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-603
§ 15-603. User direction for disclosure of digital assets
Effective: April 11, 2017
Currentness
Direction through online tool; priority of online tool
(a)(1) A user may use an online tool to direct a custodian to disclose to a designated recipient or not disclose some or all of the
user’s digital assets, including the content of electronic communications sent or received by the user.
(2) If the online tool allows the user to modify or delete a direction at any time, a direction under paragraph (1) of this
subsection overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
Direction through will or other record
(b) If the user does not use an online tool to give direction under subsection (a) of this section or if the custodian fails to provide
an online tool, the user may, in a will, trust, power of attorney, or other record, allow or prohibit disclosure to a fiduciary of
some or all of the user’s digital assets, including the content of electronic communications sent or received by the user.
Terms-of-service agreement
(c) A direction by a user under subsection (a) or (b) of this section shall override a contrary provision in a terms-of-service
agreement, if the terms-of-service agreement does not require the user to act affirmatively and distinctly from the user’s assent
to the terms of service.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016. Amended by Acts 2017, c. 62,
§ 1, eff. April 11, 2017.
MD Code, Estates and Trusts, § 15-603, MD EST & TRST § 15-603
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-606. Disclosure of content of electronic…, MD EST & TRST §…
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-606
§ 15-606. Disclosure of content of electronic communication of deceased user
Effective: October 1, 2016
Currentness
If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a
custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or
received by the user if the personal representative provides the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the certificate of the user’s death;
(3) A copy of the letters of administration of the personal representative or court order appointing a special administrator;
(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record
evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify
the user’s account;
(ii) Evidence linking the account to the user; or
(iii) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;
2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47
U.S.C. § 222, or other applicable law;
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-606. Disclosure of content of electronic…, MD EST & TRST §…
3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic
communications; or
4. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the
estate.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-606, MD EST & TRST § 15-606
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-605. Procedure for disclosing digital assets, MD EST & TRST § 15-605
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-605
§ 15-605. Procedure for disclosing digital assets
Effective: October 1, 2016
Currentness
Scope of disclosure
(a) When disclosing the digital assets of a user under this subtitle, a custodian may in its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user’s account;
(2) Grant a fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which
the fiduciary or designated recipient is charged; or
(3) Provide a fiduciary or designated recipient a copy in a record of a digital asset that, on the date that the custodian received
the request for disclosure, the user could have accessed if the user were alive or had full capacity and had access to the account.
Administrative charge
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this subtitle.
Deleted assets
(c) A custodian need not disclose under this subtitle a digital asset deleted by a user.
Unduly burdensome requests
(d)(1) If a user directs or a fiduciary requests a custodian to disclose only a portion of the user’s digital assets under this subtitle,
the custodian need not disclose the assets if segregation of the digital assets would impose an undue burden on the custodian.
(2) If the custodian believes under paragraph (1) of this subsection that the direction or request imposes an undue burden,
the custodian or fiduciary may seek an order from a court to disclose:
(i) A subset, limited by date, of the user’s digital assets;
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-605. Procedure for disclosing digital assets, MD EST & TRST § 15-605
(ii) All of the user’s digital assets to the fiduciary or designated recipient;
(iii) None of the user’s digital assets; or
(iv) All of the user’s digital assets to the court for review in camera.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-605, MD EST & TRST § 15-605
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-614. Fiduciary duty and authority, MD EST & TRST § 15-614
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-614
§ 15-614. Fiduciary duty and authority
Effective: April 11, 2017
Currentness
Fiduciary duties
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets,
including:
(1) The duty of care;
(2) The duty of loyalty; and
(3) The duty of confidentiality.
Limitation on fiduciary’s authority
(b) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:
(1) Except as otherwise provided in § 15-603 of this subtitle, is subject to the applicable terms of service;
(2) Is subject to other applicable law, including copyright law;
(3) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and
(4) May not be used to impersonate the user.
Right to access digital asset
(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access a
digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian
or subject to a terms-of-service agreement.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-614. Fiduciary duty and authority, MD EST & TRST § 15-614
Authorized user for purpose of computer-fraud and unauthorized-computer-access laws
(d) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, protected
person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including §
7-302 of the Criminal Law Article.
Authority over tangible, personal property
(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(1) Has the right to access the property and the digital assets stored in it; and
(2) Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including § 7-302 of
the Criminal Law Article.
Disclosure of information required to terminate account
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate
an account used to access digital assets licensed to the user.
Termination of account
(g)(1) A fiduciary of a user may request a custodian to terminate the user’s account.
(2) The fiduciary shall submit the request for termination to the custodian in writing, in either physical or electronic form,
accompanied by:
(i) If the user is deceased, a copy of the death certificate of the user;
(ii) A copy of the letters of administration of the personal representative or court order appointing a special administrator,
power of attorney, or trust granting the fiduciary authority over the account; and
(iii) If requested by the custodian:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify
the user’s account;
2. Evidence linking the account to the user; or
3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified
in item 1 of this item.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-614. Fiduciary duty and authority, MD EST & TRST § 15-614
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016. Amended by Acts 2017, c. 62,
§ 1, eff. April 11, 2017.
MD Code, Estates and Trusts, § 15-614, MD EST & TRST § 15-614
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 15-615. Custodian compliance and immunity, MD EST & TRST § 15-615
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-615
§ 15-615. Custodian compliance and immunity
Effective: October 1, 2016
Currentness
Timing of compliance with request
(a)(1) No later than 60 days after receipt of the information required under §§ 15-606 through 15-613 of this subtitle, a custodian
shall comply with a request under this subtitle from a fiduciary or designated recipient to disclose digital assets or terminate
an account.
(2) If the custodian fails to comply with the request, the fiduciary or designated recipient may apply to a court for an order
directing compliance.
Finding in orders directing compliance
(b) An order under subsection (a) of this section directing compliance shall contain a finding that compliance is not in violation
of 18 U.S.C. § 2702.
Notification to user of request
(c) A custodian may notify the user that a request for disclosure or termination of an account was made under this subtitle.
Denials of request
(d) A custodian may deny a request under this subtitle from a fiduciary or designated recipient for disclosure of digital assets or
termination of an account if the custodian is aware of any lawful access to the account following receipt of the fiduciary’s request.
Requirement of court order
(e) This subtitle does not limit a custodian’s ability to obtain or to require a fiduciary or designated recipient requesting disclosure
or termination under this subtitle to obtain a court order that:
(1) Specifies that an account belongs to the protected person or principal;
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-615. Custodian compliance and immunity, MD EST & TRST § 15-615
(2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure or
termination; and
(3) Contains a finding required by law other than this subtitle.
Immunity
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in
compliance with this subtitle.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-615, MD EST & TRST § 15-615
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-601. Definitions, MD EST & TRST § 15-601
West’s Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 15. Fiduciaries (Refs & Annos)
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act (Refs & Annos)
MD Code, Estates and Trusts, § 15-601
§ 15-601. Definitions
Effective: October 1, 2016
Currentness
In general
(a) In this subtitle the following words have the meanings indicated.
Account
(b) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes,
receives, or stores a digital asset of a user or provides goods or services to the user.
Agent
(c) “Agent” has the meaning stated in § 17-101 of this article.
Carries
(d) “Carries” means engages in the transmission of electronic communications.
Catalogue of electronic communications
(e) “Catalogue of electronic communications” means information that identifies:
(1) Each person with whom a user has had an electronic communication;
(2) The time and date of the communication; and
(3) The electronic address of the person.
Content of an electronic communication
(f) “Content of an electronic communication” means information concerning the substance or meaning of a communication that:
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 15-601. Definitions, MD EST & TRST § 15-601
(1) Has been sent or received by a user;
(2)(i) Is in electronic storage by a custodian providing an electronic communication service to the public; or
(ii) Is carried or maintained by a custodian providing a remote computing service to the public; and
(3) Is not readily accessible to the public.
Custodian
(g) “Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of an account holder.
Designated recipient
(h) “Designated recipient” means a person chosen by a user using an online tool to administer the digital assets of the user.
Digital asset
(i)(1) “Digital asset” means an electronic record in which an individual has a right or interest.
(2) “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record.
Electronic
(j) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
Electronic communication
(k) “Electronic communication” has the meaning stated in 18 U.S.C. § 2510(12).
Electronic communication service
(l) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic
communication.
Fiduciary
(m) “Fiduciary” means an original, additional, or successor personal representative, guardian, agent, or trustee.
Guardian
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
2
§ 15-601. Definitions, MD EST & TRST § 15-601
(n)(1) “Guardian” means a guardian of the property appointed by a court under Title 13, Subtitle 2 of this article to manage
the property of a disabled person or minor or a guardian of the person appointed by a court under Title 13, Subtitle 7 of this
article, according to the context in which it is used.
(2) “Guardian” includes a limited guardian.
Information
(o) “Information” means data, text, images, videos, sounds, codes, computer programs, software, or databases.
Online tool
(p) “Online tool” means an electronic service provided by a custodian that allows a user, in an agreement distinct from the
terms-of-service agreement between the custodian and the user, to provide directions for disclosure or nondisclosure of digital
assets to a third party.
Person
(q) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental
subdivision, agency, instrumentality, or other legal entity.
Personal representative
(r) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the
same function under a law of this State other than this subtitle.
Power of attorney
(s) “Power of attorney” has the meaning stated in § 17-101 of this article.
Principal
(t) “Principal” has the meaning stated in § 17-101 of this article.
Protected person
(u)(1) “Protected person” means an individual for whom a guardian has been appointed.
(2) “Protected person” includes an individual for whom an application for the appointment of a guardian is pending.
Record
(v) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and
is retrievable in perceivable form.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
3
§ 15-601. Definitions, MD EST & TRST § 15-601
Remote computing service
(w) “Remote computing service” means a custodian who provides to a user computer processing services or the storage of
digital assets by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14).
Terms-of-service agreement
(x) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian.
Trustee
(y)(1) “Trustee” means a fiduciary with legal title to property under an agreement or a declaration that creates a beneficial
interest in another.
(2) “Trustee” includes an original, additional, or successor trustee or cotrustee, whether or not appointed or confirmed by
a court.
User
(z) “User” means a person who has an account with a custodian.
Will
(aa) “Will” includes a codicil, a testamentary instrument that only appoints a personal representative, or an instrument that
revokes or revises a testamentary instrument if the codicil or instrument satisfies the requirements of § 4-102, § 4-103, or §
4-104 of this article.
Credits
Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.
MD Code, Estates and Trusts, § 15-601, MD EST & TRST § 15-601
Current with emergency legislation effective through April 13, 2021, from the 2021 Regular Session of the General Assembly.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
4
§ 2381. Treason, 18 USCA § 2381
KeyCite Yellow Flag – Negative Treatment
Proposed Legislation
United States Code Annotated
Title 18. Crimes and Criminal Procedure (Refs & Annos)
Part I. Crimes (Refs & Annos)
Chapter 115. Treason, Sedition, and Subversive Activities (Refs & Annos)
18 U.S.C.A. § 2381
§ 2381. Treason
Currentness
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort
within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years
and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
CREDIT(S)
(June 25, 1948, c. 645, 62 Stat. 807; Pub.L. 103-322, Title XXXIII, § 330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
Notes of Decisions (377)
18 U.S.C.A. § 2381, 18 USCA § 2381
Current through PL 117-7 with the exception of PL 116-283. Incorporation of changes from PL 116-283 are in progress. Some
statute sections may be more current, see credits for details.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 580p. “Woodsy Owl” and “Smokey Bear” characters and…, 16 USCA § 580p
United States Code Annotated
Title 16. Conservation
Chapter 3. Forests; Forest Service; Reforestation; Management
Subchapter I. General Provisions
16 U.S.C.A. § 580p
§ 580p. “Woodsy Owl” and “Smokey Bear” characters and names; definitions
Currentness
As used in this Act-(1) the term “Woodsy Owl” means the name and representation of a fanciful owl, who wears slacks (forest green when
colored), a belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when
colored), and who furthers the slogan, “Give a Hoot, Don’t Pollute”, originated by the Forest Service of the United States
Department of Agriculture;
(2) the term “Smokey Bear” means the name and character “Smokey Bear” originated by the Forest Service of the United
States Department of Agriculture in cooperation with the Association of State Foresters and the Advertising Council.1
(3) the term “Secretary” means the Secretary of Agriculture.
CREDIT(S)
(Pub.L. 93-318, § 1, June 22, 1974, 88 Stat. 244.)
Footnotes
So in original. The period probably should be a semicolon.
1
16 U.S.C.A. § 580p, 16 USCA § 580p
Current through PL 117-7 with the exception of PL 116-283. Incorporation of changes from PL 116-283 are in progress. Some
statute sections may be more current, see credits for details.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
How to cite statutes
Citing statutes is trickier than citing cases because there are significant differences
between citing statutes in an official code and in an unofficial code. There are
also differences between citing statutes in an unofficial code in print and an unofficial
code that you access through Lexis or Westlaw.
But, for this course, we only want you to learn how to cite unofficial annotated codes on
Westlaw because that’s what you’ll be using most in the LGST program.
FEDERAL STATUTES
Here is a sample citation for the federal kidnapping statute in Westlaw:
18 U.S.C.A. § 1201 (West, Westlaw through Pub. L. No. 116-158).
This may look like a confusing mishmash of letters and numbers, but you’ll see there’s a
basic formula:
Title number + U.S.C.A. + § + section number + (publisher, electronic database,
currentness)
18
U.S.C.A.
§
1201
(West, Westlaw through Pub. L. No. 116-158)
Now let’s break down those components:
•
•
•
•
•
You must include the title number (18 in this example) or your reader will not
know where to find the section. Title 18 of the U.S. Code is the Crimes and
Criminal Procedure title.
U.S.C.A. is the abbreviation for United States Code Annotated, which is
published by West and available in Westlaw. It’s an unofficial code.
You must include the section symbol (see the earlier IN on how to insert a
section symbol).
You must include the section number (1201 in this example) because titles
contain hundreds of sections.
For statutes on an unofficial electronic database (which includes Westlaw), you
must include both the publisher (West) and the database (Westlaw).
Currentness: Statutes change as a result of legislative acts, so you need to let the
reader know how current the Westlaw database was when you retrieved the statute.
This information allows readers a chance to estimate how current your statute is.
Where to find currentness: Westlaw makes this easy. When you look up a statute, you’ll
see something that looks like this near the top of the page:
Effective: July 27, 2006
18 U.S.C.A. § 1201
§ 1201. Kidnapping
Currentness
Click on that blue “currentess” and Westlaw will take you to the end of that
document. Right above the very end of the document, you’ll see language like
this: Current through P.L. 116-158. This is the information you will base your
Currentness on. Note: this material changes constantly on Westlaw, so the currency in
my examples will be outdated.
The format that Westlaw uses for currentness is not correct Bluebook statutory
format. So, if you cut and paste the currentness from Westlaw into your citation, you
must omit the word “Current” and must substitute “Pub. L. No.” for “P.L.”
STATE STATUTES
I’m sure none of you will be surprised to learn that citing state statutes varies from state
to state. Unfortunately, Maryland is one of the trickier jurisdictions because it
uses article names (subjects) rather than numbers. For example, if you wanted to cite
the Maryland Code section on kidnapping as it appears on Westlaw:
Md. Code Ann., Crim. Law § 3-502 (West, Westlaw through the 2020 Regular
Session of the General Assembly )
Md. Code Ann. + article name + § + section number + (publisher,
database, currentness)
Let’s break down these components:
•
•
West’s Annotated Code of Maryland on Westlaw is always abbreviated as: Md.
Code Ann.
Each article has its own abbreviation. Those abbreviations are in a separate
IN. You must include the abbreviated article name or your reader will not
know where to find the section.
Articles in the Maryland Code are broken down into titles, subtitles, sections, and often
subsections. Do not include the title or subtitle in a citation unless you are citing to the
entire title or subtitle (rare) – instead, use only the article and section number (in
the example above, the article is Crim. Law and the section is 3-502).
SUBSECTIONS:
Statutory provisions are usually listed as sections (look for the section symbol) but
those, in turn, may be broken down into different levels of subsections. Not all statutory
sections have subsections but if you conducting statutory research and see that the
relevant information is in a subsection, you must cite the subsection, not just the
section.
Here are some examples on how to cite subsections:
18 U.S.C.A. § 1201(a)(4) (West, Westlaw through Pub. L. No. 116-158).
Md. Code Ann., Crim. Law § 3-502(c) (West, Westlaw through the 2020 Regular
Session of the General Assembly)
Maryland Code article abbreviations
Below are the abbreviations for the statutory articles in the Maryland Code, in accordance with T1 of The
Bluebook: A Uniform System of Citation (20th ed.).
Agriculture
Agric.
Business Occupations and Professions
Bus. Occ. & Prof.
Business Regulation
Bus. Reg.
Commercial Law
Com. Law
Corporations and Associations
Corps. & Ass’ns
Correctional Services
Corr. Servs.
Courts and Judicial Proceedings
Cts. & Jud. Proc.
Criminal Law
Crim. Law
Criminal Procedure
Crim. Proc.
Economic Development
Econ. Dev.
Education
Educ.
Election Law
Elec. Law
Environment
Envir.
Estates and Trusts
Est. & Trusts
Family Law
Fam. Law
Financial Institutions
Fin. Inst.
Health – General
Health – Gen.
Health Occupations
Health Occ.
Housing and Community Development
Hous. & Cmty. Dev.
Human Services
Hum. Servs.
Insurance
Ins.
Labor and Employment
Lab. & Empl.
Natural Resources
Nat. Res.
Public Safety
Pub. Safety
Public Utility Companies
Pub. Util. Cos.
Real Property
Real Prop.
State Finance and Procurement
State Fin. & Proc.
State Government
State Gov’t
State Personnel and Pensions
State Pers. & Pens.
Tax – General
Tax-Gen.
Tax – Property
Tax-Prop.
Transportation
Transp.
Inserting the § Symbol
The “double s” symbol shown above is used pretty universally in American legal writing as the
abbreviation for the word “section.” You must use this symbol in citation. You will use it more in
statutory citation than you will in case citation.
There are several ways to create the symbol in your writing. One is by inserting the symbol in Word
(insert – symbol – and scroll down until you see the § symbol – click and close). You can also follow the
prompts and create a shortcut.
Another way is if you have a numeric keyboard to the right on your keyboard = make sure number lock
is on, then hold down ALT and type the numbers 0167 on the numeric keyboard. Release the ALT and
the symbol should be there.
To insert the section symbol in a LEO textbox, click on the pull down in the set of “insert” boxes to the
furthest left above. The first pull down option is to insert a symbol. Click on that, and then click on the
section symbol in the chart of selections. Click on create and the symbol will be inserted into the text
box.
§
Introductions to statutes
It’s time now to talk about another type of primary authority: statutes, which are enacted by
Congress and state legislatures. At the county and municipal level, they are usually called
ordinances.
Many people use the word “law” for the word “statute,” such as in the phrase “There ought to be
a law against that.” But the noun “law” technically includes more than just statutes. So do be
specific.
Statutes are typically compiled in multi-volume codes that are grouped by subjects usually
called “titles.” For example, Title 10 of the U.S. Code covers laws relating to the Armed
Forces. The Criminal Law title of the Maryland Code covers crimes against a person like
assault, robbery, and kidnapping. Sometimes there is a bit of overlap and you might have to
research in multiple titles for an issue; for example, Title 18 of the U.S. Code contains the
federal penal code (just another way of saying criminal code) but other titles contain other
crimes; for example, the 1996 Anti-Terrorism and Effective Death Penalty Act is contained in
Title 28. So, although these titles may get you started in finding relevant statutes, the best way
to run an initial search is through key word searches rather than browsing through titles.
The federal government and most states have an official code and an unofficial version issued
by a private publisher. Often the unofficial version is an “annotated code.” An annotated code
contains not only the statutes but also references to cases that pertain to a
statute and/or previous versions of the statutes. We’ll work with how to do research in an
annotated code next week; right now, let’s make sure you’re on board on where to find the
statutes.
To find federal statutes on Westlaw, sign on and on the browse page, click on “statutes and
court rules.” The page that takes you to breaks down statutes in “federal” and “state.”
Under “federal,” you see: United States Code Annotated (USCA), U.S. Constitution, and four
sets of rules (you don’t need those rules in this course). West’s unofficial version of the U.S.
Code is called the U.S. Code Annotated, or USCA for short. When you click on U.S. Code
Annotated, it takes you to a page that shows a date in a box that shows the “currency” of the
code, a link to the U.S. Constitution, and each of the 51 titles in the U.S. Code. Now, if you
wanted to search for a law on a particular subject, you could either type your search into the
GSB on this page or you could click on the title you think your subject might be in, and search
within that title. But remember, the more you limit your sources, the narrower the results you’ll
get back.
To find state statutes on Westlaw, simply click on the state you want on the “statutes and court
rules” page. If you click on Maryland, you’ll see several dozen options, including the names of
the articles that make up the Maryland Code.
[§ 711a. Repealed. Pub.L. 116-260, Div. O, Title X, § 1002(6),…, 18 USCA § 711a
KeyCite Red Flag – Severe Negative Treatment
KeyCite Red Flag Negative Treatment[§ 711a. Repealed. Pub.L. 116-260, Div. O, Title X, § 1002(6), Dec. 27, 2020, 134 Stat. 2155]
KeyCite Yellow Flag – Negative TreatmentProposed Legislation
United States Code Annotated
Title 18. Crimes and Criminal Procedure (Refs & Annos)
Part I. Crimes (Refs & Annos)
Chapter 33. Emblems, Insignia, and Names
18 U.S.C.A. § 711a
[§ 711a. Repealed. Pub.L. 116-260, Div. O, Title X, § 1002(6), Dec. 27, 2020, 134 Stat. 2155]
Effective: December 27, 2020
Currentness
18 U.S.C.A. § 711a, 18 USCA § 711a
Current through PL 117-7 with the exception of PL 116-283. Incorporation of changes from PL 116-283 are in progress. Some
statute sections may be more current, see credits for details.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
§ 580p. “Woodsy Owl” and “Smokey Bear” characters and…, 16 USCA § 580p
United States Code Annotated
Title 16. Conservation
Chapter 3. Forests; Forest Service; Reforestation; Management
Subchapter I. General Provisions
16 U.S.C.A. § 580p
§ 580p. “Woodsy Owl” and “Smokey Bear” characters and names; definitions
Currentness
As used in this Act-(1) the term “Woodsy Owl” means the name and representation of a fanciful owl, who wears slacks (forest green when
colored), a belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when
colored), and who furthers the slogan, “Give a Hoot, Don’t Pollute”, originated by the Forest Service of the United States
Department of Agriculture;
(2) the term “Smokey Bear” means the name and character “Smokey Bear” originated by the Forest Service of the United
States Department of Agriculture in cooperation with the Association of State Foresters and the Advertising Council.1
(3) the term “Secretary” means the Secretary of Agriculture.
CREDIT(S)
(Pub.L. 93-318, § 1, June 22, 1974, 88 Stat. 244.)
Footnotes
So in original. The period probably should be a semicolon.
1
16 U.S.C.A. § 580p, 16 USCA § 580p
Current through PL 117-7 with the exception of PL 116-283. Incorporation of changes from PL 116-283 are in progress. Some
statute sections may be more current, see credits for details.
End of Document
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
© 2021 Thomson Reuters. No claim to original U.S. Government Works.
1
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BlueBook 12.3.2
• How to Determine Which Date to Include in the Citation? Following Rule 12.3.2 “[w]hen citing a state
code, or (if a date is desired), a federal code, when citing a bound volume of the current official or
unofficial code, provide parenthetically the year that appears on the spine of the volume, the year that
appears on the title page, or the latest copyright year—in that order of preference.” Note that the
volume date most likely does not correspond with the enactment date or the effective date of any of
the statute sections included in the volume.
• Thurgood Marshall Law Library Guide 4-5
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Currentness
• Amended by Acts 2004, c. 272, § 1, eff. Oct. 1, 2004, related to State sports, repealed by Acts 2014 c. 94, § 1, eff.
Oct. 1, 2014.
• MD Code, General Provisions, $ 7-329, MD GEN PROVIS § 7-329
. Current through all legislation from the 2020 Regular Session of the General Assembly.
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Maryland Example
• Effective: October 1, 2014
o
MD Code, General Provisions, $ 7-329Formerly cited as MD CODE, SG, § 13-308
$ 7-329. Sports
o
• Currentness
• State sport
o
• (a) Jousting is the State sport.
o
Team sport
o
o
(b) Lacrosse is the State team sport.
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Annotations
• Either code compilation can be “annotated” or not.
Annotated Codes
• Annotated codes are very useful because they describe a statute’s history, list and describe case’s that interpret a statute,
provide citations to relevant regulations, and also provide references to other sources, such as ALR annotations, treatises,
law reviews, etc. Usually this material appears immediately after the text of the statute. By using an annotated code rather
than an official code, a researcher finds a wealth of information interpreting that statute, simply by retrieving a relevant
section.
From Brooklyn Law Library research guide accessed at: https://guides.brooklaw.edu/c.php?g=330891&p=2222835
o If citing to an Annotated code, indicate that with Ann.
• For example, Md. Code. Ann.
Or United States Code Annotated (U.S.C.A.)
o
If not citing to an annotated version of the code, use the official cites:
Md. Code
U.S.C.
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12.5 Electronic Databases and Online Sources
(a) Commercial electronic databases.
When citing a code contained in an electronic database, give parenthetically the name of the database and
information regarding the currency of the database as provided by the database itself (rather than the year of
the code according to rule 12.3.2). In accordance with rule 12.3.1(d), also give the name of the publisher,
editor, or compiler unless the code is published, edited, or compiled by, or under the supervision of, federal
or state officials:
18 U.S.C.S. § 1956 (LEXIS through Pub. L. No. 113-108).
18 U.S.C.A. § 1956 (Westlaw through Pub. L. No. 113-93 (excluding Pub. L. No. 113-79)).
CAL. Bus. & PROF. CODE $ 1670 (Deering, LEXIS through 1995 Sess.).
CAL. Bus. & PROF. CODE § 1670 (West, Westlaw through 1995 portion of 1995–1996 Legis. Sess.).
WASH. Rev. CODE $ 13.64.060 (VersusLaw through 1999 legislation).
Wis. STAT. § 19.43 (LEXIS through 1994 legislation).
Wis. STAT. § 19.43 (Loislaw through 1997-1998 Legis. Sess.).
Wis. STAT. ANN. $ 19.43 (West, Westlaw through 1995 Act 26).
BODOVE 00)
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learn.umgc.edu/d2l/Ims/competencies/rubric/rubrics_assessment_results.d2l?ou=565430&evalObjectId=1055341&evalObjectType=1&use…
Questions 1
through 10
Correct
Partial Credit
No Credit
Criterion
Score
2.5 points
2.225 points
O points
/ 2.5
Westlaw use in
searching
statutes
Contains some errors or omissions.
1.5 – 2.225
Effectively uses Westlaw to locate
correct statutory provision(s) or with a
minor error.
2.25 – 2.5
Responses contain major
errors or did not submit
assignment.
2.5 points
O points
/ 2.5
Citation of
statutes in
Bluebook format
Citations all provided in correct,
complete Bluebook format or a minor
error.
2.25 -2.5
2.225 points
Citations contain some errors or omissions that, while incorrect,
probably would not prevent a reader from identifying the correct
source.
1.5 – 2.225
Responses contain major
errors or did not submit
assignment.
Total
/5
Overall Score
A
4.5 points minimum
B, C, D
1 point minimum
F
O points minimum
LA #6- Question….pdf
15-605 Procedur….pdf
LA 6- Question #8.pdf
Westlaw – 8 full t….pdf
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