fundamentals of legal drafting: research workshop
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Fundamentals of Legal Drafting: Research Workshop. Kathy Darvil March 3, 2009. Issue Spotting. Parties? Jurisdiction? Rules? Statutes? Cases? Claims?. Doing Research with Statutes. Federal Rule of Procedure 12 (b)(2). Doing Research with Statutes. - PowerPoint PPT PresentationTRANSCRIPT
Fundamentals of Legal Drafting: Research Workshop
Kathy DarvilMarch 3, 2009
Issue Spotting
• Parties?• Jurisdiction?• Rules?• Statutes?• Cases?• Claims?
Doing Research with Statutes• Federal Rule of Procedure 12 (b)(2)
Doing Research with Statutes
Doing Research with Statutes: Using Annotations
• To Identify Relevant Treatises
Starting Points: Relevant Treatises• Treatises Guide a Researcher:– Leading Cases– Forms– Related Rules, Regulations, and Statutes
Starting Points: Relevant Treatises
Starting Points: Relevant Treatises
Rule 12 (b) (2) Requirements• Two part test:– Forum State’s Long Arm Statute– Due Process Clause Requirements
• Burden of Motion – On Plaintiff
• Either – Preponderance of Evidence – If based on written evidence alone, prima facie showing
– *Burden on Defendant• For a challenge to the Constitutional reasonableness and fairness
of chosen forum
• Court views facts in light most favorable to Plaintiff
Doing Research with Statutes
• Massachusetts Long Arm Statute: Mass. Ann. Laws ch. 223A Section 3
Doing Research with Statutes: Using Annotations
Using Case Notes to Interpret Statutes
Chasing Headnotes on Lexis
Chasing Headnotes on Lexis
Using Case Notes to Interpret a Statute
Chasing Headnotes on Lexis
Chasing Headnotes on Lexis
Test for Long Arm Jurisdiction
• Did Defendant transact business in MA?• Did cause of action arise from the transaction
of business? – Is the activity instrumental in the formation of the
contract?• Courts interpret “transaction of business”
broadly. – Transaction does not need to be commercial just
needs to be a purposeful act by defendant.
Chasing Headnotes on Westlaw
• Hahn v. Vermont Law School, 698 F.2d 48
Chasing Headnotes on Westlaw
Chasing Headnotes on Westlaw
Keyciting Headnotes on Westlaw• Daynard v. Ness, 290 F.3d 42
Keyciting Headnotes on Westlaw
Using Practice Aids on Westlaw
Using Practice Aids on Westlaw
Due Process Requirements
• Defendant Minimum Contacts with Forum: No Offend Notions of “fair play and substantial justice”
• Contacts such that Defendant Reasonably Anticipates being haled into court there– General Jurisdiction: Cause of Action does not arise
out of Defendant’s acts in jurisdiction• Defendant had numerous and substantial contacts in forum
– Specific Jurisdiction: Cause of Action arises out of Defendant’s acts in jurisdiction
Westlaw’s KeyRules
Westlaw’s KeyRules
Westlaw’s KeyRules
Westlaw’s KeyRules
Westlaw’s KeyRules
Form Books on Westlaw
Form Books on Lexis
Form Books on Lexis
Form Books on SARA
Form Books on SARA
Form Books on SARA
Using LC Subject Headings
Form Books on SARA
Using Google to Find Free Forms• Advanced Search Template
Using Google to Find Free Forms
USCourts.gov
LLRX.com• llrx.com/courtrules
LLRX.com
United States District Court-MA
To Review
• Used the Directory to Identify Relevant Databases
• Used Annotations and Headnotes to Identify Relevant Treatises, Practice Aids, and Cases
• Identified Forms in: – Westlaw and Lexis– SARA– Advanced Google Search– LLRX