Frequently
Asked Legal Research Questions
Some questions are "frequently asked" at the Law Library's
Reference Desk. This guide directs patrons to library resources that will
answer those questions. The Law Library has a variety of resources that
can help patrons conduct legal research.
The Reference Desk isn't staffed during the all of the Library's open
hours. The purpose of this guide is to provide patrons with some reference
guidance when a Reference Librarian isn't available. If your question
isn't listed in this guide, or if you want more information, please consult
with a Reference Librarian. The current Reference Desk Hours are posted
on the Library's Web site.
This
guide doesn't provide legal advice. If you are seeking legal advice, you
can contact the Houston Bar Association's Lawyer Referral Service at (713)
237-9429.
Notes on Using this Guide
- The resources are listed in alphabetical orders.
If you have trouble finding helpful information,
try reviewing several of the resources to determine
which one(s) best meets your needs. Several of
the resources are designated as "Self Help
Books". These are books written for people
trying to "help themselves", so they
are written in very basic terms. If you needmore
detailed information, try using one of the other
listed resources.
- This guide isn't comprehensive. The Library
may have other resources that provideanswers to
the listed questions. This guide attempts to list
resources that are easy to use and understand.
List
of Questions
Questions and Answers
Section 1: Civil Litigation
Law
Question 1(a): How do I sue someone in Texas state
court? Answer: These books contain explain the procedure for proceeding with
a civil law suit in Texas
state courts:
- Texas Litigation Guide, Reserve Collection KFT1730.T49.
- Start with Chapter 1 - it gives on overview of the civil litigation
process
- Texas Practice Guide - Civil Pretrial, Reserve Collection
KFT1737.A97.
- Texas Pretrial Practice, Reserve Collection KFT1737.A75B75
Question 1(b): How do I sue someone in Small Claims
Court in Texas? Answer: These books explain the jurisdiction and procedures for Small
Claims Court in Texas:
- Everybody's Guide to Small Claims Court, Reserve Collection
KF8769.Z95W37 (2000)
- Note - this text gives information about Small Claims Courts in
general, but isn't specific to courts of the State of Texas
- How to Win in Small Claims Court in Texas, Second Edition,
Reserve Collection KFT1721.Z9B76 2000
- Texas Jur, Third Edition, KFT1265.T44
- See Volume 16, Subject: "Courts", sections 105 et. seq.
- Texas Jurisprudence Pleading and Practice Forms 2d, Reserve
Collection KFT1730.A65
- See Volume 8, Chapter 153: "Justices of the Peace and Other
Inferior Courts"
Question 1(c): How do I sue someone in federal court? Answer: These resources contain information about procedure in federal
civil courts:
- Federal Procedure, Lawyers Edition, KF8719.F43
- See topic "Access to District Courts" in Volume 1
- Federal Procedural Forms, KF8836.F44
- Companion forms set to Federal Procedure, Lawyers Edition, above
- See topic "Actions in District Courts" in Volume 1
- Federal Civil Procedure Before Trial – 6th Circuit, Reserve
Collection KF8900.F39
- Gives comprehensive overview of civil litigation in Federal District
Courts Note - this book is written to comply with procedural rules for
the Federal district courts in the United States Circuit Court of
Appeals for the Sixth Circuit. Check
- your local Federal district court rules to see if there is any
difference
Question 1(d): Where are the Texas Rules of Civil
Procedure? Answer: The Texas Rules of Civil Procedure can be found in:
- Dorsaneo & Soules' Texas Codes and Rules - Civil Litigation,
Reserve Collection KFT1728.A193
- Texas Rules of Court-State, Reserve Collection KFT1729.A197
- This volume contains other Texas state court rules as well.
- Vernon's Rules Annotated, Civil Procedure, KFT1729.A313V4,
et. seq.
- Note: This is an annotated version of the Texas Rules of Civil
Procedure. It includes references to cases that interpret the Rules.
Question 1(e): My neighbor's tree fell on my house.
Can I sue him? Answer: These resources contain information on the Texas state law governing
adjoining land owners:
- Texas Jurisprudence Pleading and Practice Forms, Second Edition,
Reserve Collection KFT1730.A65T46
- See Chapter 12, "Adjoining Landowners"
Question 1(f): I recently sued someone but now I
want to drop the case. How can I do that? Answer: These resources contain information about the voluntary dismissal
of civil cases in Texas state courts:
- Texas Jurisprudence Pleading and Practice, Second Edition,
Reserve Collection KFT1730.A65T46
- See Chapter 97, "Dismissal, Discontinuance, Nonsuit"
- Texas Litigation Guide, Reserve KFT1730.T49
- See Chapter 103, "Dismissal"
Question 1(g): I had a default judgement entered
against me. What can I do to have it removed? Answer: These resources contain information about procedure for attacking
a default judgement in Texas state courts:
- Texas Jurisprudence Pleading and Practice Forms, 2nd, Reserve
KFT 1730.A65T46
- See Chapter 152, "Judgements", Sections 152.29 et. seq.,
"Relief from Judgements"
- Texas Litigation Guide, Reserve KFT1730.T49
- See Chapter 100, "Default Judgements", Sections 100.10
et. seq. : "Attacking Default Judgements"
- Texas Practice Guide - Civil Pretrial, Reserve KFT1737.A97
- See Chapter 9, "Time Calculations and Default Judgements",
Sections 9.89 et. seq., "Setting Aside a Default Judgement"
- Texas Pretrial Practice, Reserve KFT1737.A7B75
- See Chapter 37, "Default Judgements and Dismissals",
Sections 37.154 et. seq., "Relief from Default Judgement"
Back to List of Questions
Section 2: Civil Rights
Law
Question 2(a): Where can I find information on
what my civil rights are? Answer: These resources have information on the law of civil rights:
- American Jurisprudence 2d, KF154.A52d
- See Subject "Civil Rights"
- Constitutional Civil Rights in a Nutshell, 3rd Edition, Reserve
KF 4750.V5 1998
- Corpus Juris Secundum, KF154.C63
- See Subject "Civil Rights"
- Tex Jur 3rd, KFT1265.T44
- See Subject "Civil Rights"
Back to List of Questions
Section 3: Criminal
Law
Question 3(a): What do I need to have my arrest
record erased? Answer: The key word is expunction . These resources contain information
about the expunction of criminal records in the State of Texas:
- Texas Criminal Lawyer's Handbook, Reserve KFT1775.M33
- See Chapter 22, "Expunction of Arrest Records in Texas"
- Texas Criminal Practice Guide, Reserve KFT1775.T49
- See Chapter 11, "Expunction of Arrest Records"
- Texas Practice Guide - Criminal Practice and Procedure, Reserve
KFT1775.E44
- See Chapter 30, "Expunction"
Question 3(b): What constitutes an illegal search? Answer: These resources contain information about illegal searches under
Texas law:
- Texas Criminal Practice Guide, Reserve KFT1775.T49
- See Chapter 30, "Basis of Search and Seizure Law"
- Texas Jur 3rd Edition, KFT1265.T44
- See Subject "Criminal Law", Section 2279 et. seq.
- Texas Practice - Criminal Practice and Procedure, Reserve
KFT1775.D49
- See Volume 40, Chapter 5, "General Principles of Search, Seizure,
and Related Law"
Back to List of Questions
Section 4: Drivers Licenses
Question 4(a): How can I get an occupational driver's
license? Answer: These resources contain information about the procedure for applying
for an occupational driver's license in the State Texas:
- Texas Jurisprudence Pleading and Practice Forms, Second Edition,
Reserve KFT1730.A65T46
- See Chapter 40, "Automobiles and Highway Traffic", Section
40:34
Back to List of Questions
Section 5: Employment
Law
Question 5(a): What constitutes sexual harassment? These resources contain information about sexual harassment in the work
place:
- Employment Discrimination, 2nd Edition, KF3467.A6L372d
- See Chapter 46, "Sexual Harassment"
- Sexual Harassment on the Job, 4th Edition, Reserve KF3467.Z9P47
- Texas Employment Law, Reserve KFT1531.F72
- See Chapter 20, "Sexual Harassment"
- Your Rights in the Workplace, 6th Edition, Reserve KF3455.Z9R47
2002
- Self Help Book
- See Chapter 8, "Sexual Harassment"
Question 5(b): What constitutes wrongful termination? Answer: These resources contain information about the law of wrongful
termination:
- Corpus Juris Secundum, KF154.C63
- See Subject "Employer-Employee Relationship", Section
80 et. seq, "Actions for Wrongful Discharge"
- Texas Employment Law, Reserve KFT1531.F72
- See Chapter 3, "Wrongful Discharge"
- Your Rights in the Workplace, 6th Edition, Reserve 3455.Z9R47
2002
- Self Help Book
- See Chapter 9, "Losing or Leaving a
Job"
Back to List of Questions
Section 6: Family Law
Question 6(a): What do I need to do to get divorced
in Texas? Answer: These resources contain information about filing for divorce
in the State of Texas:
- How to Do Your Own Divorce in Texas, Reserve KFT1300.Z9S5
- How to File for Divorce in Texas, Reserve KFT1300.Z9R65 2002
- Texas Family Law Practice Manual, Reserve KFT1294.T484 1996
- See Chapter 3, "Divorce Pleadings"
Question 6(b): What do I need to do to get an annulment
of my marriage in Texas? These resources contain information about the law and procedure for getting
marriages annulled
in Texas.
- Texas Family Law Practice and Procedure, Reserves KFT 1294.F35
- See Volume 3, "Objective Q: Annulling the Marriage"
- Texas Family Law Practice Manual, 2nd Edition, Reserves KFT
1294.T484 1996
- See Chapter 47, "Annulment and Suit to Declare Marriage Void"
- Texas Jurisprudence Pleading and Practice Forms, 2nd Edition,
Reserves KFT1730.A65T46
- See Chapter 26, "Annulment of Marriage"
Question 6(c): Where can I find information about
the law of child support in Texas? These resources contain information about the law and procedure governing
child support in the
State of Texas:
- Child Custody, Visitation, and Support in Texas, Reserve KFT
1304.6.Z9 T78 2001
- Texas Family Law Practice Manual, Reserve KFT1294.T484 1996
- See Chapter 9, "Child Support"
- Texas Practice Guide - Family Law, Reserve KFT1294.G34
- See Chapter 12, "Child Support"
- Texas Jurisprudence Pleading and Practice Forms, 2nd Edition,
KFT 1730.A65T46
- See Chapter 184, "Parent and Child", Sections 184.37
et seq., "Chid Support"
Question 6(d): Where can I find information about
the law of child custody in Texas? Answer: These resources contain information about the law of child custody
in the State of Texas:
- Child Custody, Visitation, and Support in Texas, Reserve KFT
1304.6.Z9 T78 2001
- Texas Family Law Practice Manual, Reserve KFT 1294.T484 1996
- See Chapter 25, "Enforcement - Possession and Access"
- Texas Jurisprudence Pleading and Practice Forms, Reserve KFT
1730.A65T46
- See Chapter 184, "Parent and Child", Sections 184.25
et. seq.
- Texas Practice Guide - Family Law, Reserve KFT1294.G34
- See Chapter 11, "Conservatorship"
Question 6(e): Where can I find information about
whether grandparents have any rights to see their grandchildren? Answer: These resources have information about grandparents' rights to
access to their
grandchildren in the State of Texas:
- Child Custody, Visitation, and Support in Texas, KFT 1304.6.Z9T78
2001
- Self Help Book
- See Chapter 8, "Nonparent Visitation"
- Grandparents' Rights, KF547.Z9T78 2001
- Self Help Book
- Note: This book provides a general explanation of grandparent's
rights to custody or visitation of their grandchildren. It does NOT
summarize Texas Law.
- Texas Family Law Practice and Procedure, KFT1294.F35
- See Chapter H, "Modifying the SAPCR Decree", Section
H4.05: "Seeking Access Rights for Grandparent"
- Texas Family Law Practice Manual, Reserve KFT 1294.T484 1996
- See Chapter 35, "Grandparents"
Question 6(f): I am a victim of domestic violence.
What can I do? These agencies can assist you if you are a victim of domestic violence
in the State of Texas:
- Harris County Children's Protective Services
- State of Texas Attorney General, Crime Victim Services
- http://www.oag.state.tx.us/victims/domestic.htm
- State of Texas Department of Human Services, Family Violence Program
- http://www.dhs.state.tx.us/programs/familyviolence/index.html
- 1-800-799-SAFE (7233)
- Texas Woman's Advocacy Project - Family Violence Hotline
These resources provide information about actions you can take under Texas
Law to deal with domestic violence:
- Texas Family Law Practice and Procedure, Reserve KFT1294.F35
- See Volume 3, Objective P: "Obtaining Protective Orders Against
Family Violence"
- Texas Family Law Practice Manual, 2nd Edition, Reserve KFT1294.T484
1996
- See Chapter 14, "Protective Orders"
- Texas Practice Guide - Family Law, Reserve KFT1294.G34
- See Chapter15, "Protective and Emergency Orders"
Back to List of Questions
Section 7: Legislative
History
Question 7(a): How can I find the legislative history
for a Texas state statute?
Answer: These resources contain information about compiling a legislative
history for a Texas
state statute:
- Guide to State Legislative and Administrative Material, Reference
KF1.F572002
- Texas Legal Research, Reserve KFT1275.B73 1995
- See Chapter 13, "Texas Legislative History"
Back to List of Questions
Section 8: Name Changes
Question 8(a): How can I to change my name in Texas?
Answer: These resources provide information on the procedure to change
your name through the Texas state courts:
- Texas Family Law Practice Manual, Reserve KFT 1294.T484 1996
- See Chapter 46, "Miscellaneous Litigation", Section 46.3
and Forms 46-4 and 46-5, "Change of Name of Adult"
- See also Chapter 46, "Miscellaneous Litigation", Section
46.4 and Forms 46-6 and 46-7, "Change of Name of Child"
- Texas Jurisprudence Pleading and Practice Forms 2nd, Reserve
KFT1730.A65T46
Back to List of Questions
Section 9: Probate Law
Question 9(a): How do I write a simple will?
Answer: These resources contain information about drafting basic wills
that comply with the laws of the State of Texas:
- How to Make a Texas Will, Reserve KFT1344.Z9R652002
- Texas Practice Guide - Wills, Trusts, and Estate Planning,
Reserve KFT1340.C73
- Texas Transaction Guide, Reserve KFT1268.K45
- See Chapters 42, et. seq., "Wills"
Question 9(b): My mother/father or husband/wife
has died. How do I probate their estate?
These resources contain information about probating an estate in the
State of Texas:
- How to Probate and Settle an Estate in Texas, Reserve KFT1344.Z9R654
2002
- Texas Practice Guide - Probate, Reserve KFT1344.T45
- Texas Probate, Estate and Trust Administration, Reserve KFT1344.T465
Question 9(c): My mother/father or husband/wife
died without a will. What happens now? Who gets the money?
Answer: When a person dies without a will, they
are said to have died "intestate".
Their assets are then distributed according to the
laws of the State of Texas. These resources contain
information about intestate succession under the
laws of the State of Texas:
- Texas Practice Guide - Probate, Reserve KFT1344.T45
- See Sections 13.109, et. seq., "Where There is Not a Will"
- Texas Probate, Estate and Trust Administration, Reserve KFT1344.T465
- See Chapter 11, "Intestate Succession"
Back to List of Questions
Section 10: Real Estate
Law
Question 10(a): I need to write a lease for my
garage apartment. Where can I find an example?
Answer: These resources include information about drafting leases that
comply with Texas State Law:
- Landlords Rights & Duties in Texas, Reserve KFT1317.Z9B76
2000
- Texas Real Estate Forms Manual, Reserve KFT1326.A65
- Texas Transaction Guide, Reserve KFT1268.K45
- See Chapter 81E, "Residential Leases"
- West's Texas Forms - Real Property, Reserve KFT1268.W47
- See Chapter 16, "Landlord and Tenant"
Question 10(b): Where can I find the format for
a warranty deed?
Answer: These resources have the sample format for warranty deeds:
- Texas Forms Manual - A Guide for Real Estate and Title Documentation,
Reserve KFT1326.A65T49
- See Chapter 5, "Deeds", Form V-100, "General Warranty
Deed (Cash)"
- See also Chapter 5, "Deeds", Form V-100a, "Warranty
Deed"
- Texas Real Estate Forms Manual, Reserve KFT1326.A65S71
- See Chapter 9, "Deeds", Form 9-1, "General Warranty
Deed"
- Texas Transaction Guide, Reserve KFT1268.K45
- See Chapter 73, "Deeds", Section 73.200, "Completed
Warranty Deed Form - An Example"
- See also Chapter 73, "Deeds", Section 73.201, "Warranty
Deed - Template Form"
- West's Texas Forms - Real Property, 2nd Edition, Reserve KFT1268.W47
- See Chapter 9, "Deeds for Conveyance of Real Property",
Section 9.30, "Form - General Warranty Deed for Fee Simple Estate"
Question 10(c): Where can I find the format for
a quit claim deed?
Answer: These resources have sample formats for quit claim deeds:
- Texas Forms Manual - A Guide for Real Estate and Title Documentation,
Reserve KFT1326.A65T49
- See Chapter 5, "Deeds", Form V-108, "Quitclaim Deed"
- Texas Real Estate Forms Manual, Reserve KFT1326.A65S71
- See Chapter 9, "Deeds", Form 9-5, "Quitclaim"
- Texas Transaction Guide, Reserve KFT1268.K45
- See Chapter 73, "Deeds", Section 73.204, "Quitclaim
Deed"
- West's Texas Forms - Real Property, 2nd Edition, Reserve KFT1268.W47
- See Chapter 9, "Deeds for Conveyance of Real Property",
Section 9.32, "Quitclaim Deed for Fee Simple Estate"
Question 10(d): When can a lender foreclose on
property? What can I do to stop foreclosure?
Answer: These resources contain information about foreclosure proceedings
under Texas state law:
- Texas Practice Series - Volume 15 - Texas Foreclosure: Law and
Practice, Reserve KFT1330.5.F6B33
- Texas Real Estate Forms Manual, Reserve KFT1326.A65S71 1999
- See Chapter 21, "Foreclosure Documents"
- Texas Real Estate Guide, Reserve KFT1326.S7
- See Chapter 8, "Nonjudicial Foreclosure and Forfeiture"
- See also Chapter 53, " Real Property Security Interests"
Question 10(e): How can I homestead my house? What
protection does that give me?
These resources contain information about homesteading a house in the
State of Texas:
- Texas Jurisprudence Pleading and Practice Forms - 2nd Edition,
Reserve KFT1730.A65T46
- See Chapter 134, "Homesteads"
- Includes sample format of forms needed to create a homestead
- Texas Practice - Texas Foreclosure: Law and Practice, Reserve
KFT1330.5.F6B33 2001
- See Chapter 16, "Property Exemptions"
Back to List of Questions
Section 11: Social Security
Law
Question 11(a): Where can I find information about
Social Security Disability law?
Answer: These resources contain information about social security disability
law:
- Social Security and Medicare Answer Book, KF3650.P69 2000
- Social Security Disability Practice, KF3649.S58 2002
- Social Security, Medicare, and Pensions, Reserve KF3650.M37
1999
- The Social Security Benefits Handbook, Reserve KF3650.T65
2001
Back to List of Questions
Conclusion
The O'Quinn Law Library has a variety of resources that patrons can use
to conduct legal research. The purpose of this guide is to give patrons
guidance as to what resources are most helpful for Frequently Asked Questions.
Please consult with one of the Library's Reference Librarians if your
question isn't on this list, or if you need more information.
Please submit any questions, comments, or suggestions for additional
Frequently Asked Questions to Mon Yin Lung.
