Fundamentals of Legal Drafting: Research Workshop

Fundamentals of Legal Drafting: Research WorkshopKathy DarvilMarch 3, 2009Issue SpottingParties?Jurisdiction?Rules?Statutes?Cases?Claims?Doing Research with StatutesFederal Rule of Procedure 12 (b)(2)

Doing Research with Statutes

Doing Research with Statutes: Using Annotations To Identify Relevant Treatises

Starting Points: Relevant TreatisesTreatises Guide a Researcher:Leading CasesFormsRelated Rules, Regulations, and Statutes

Starting Points: Relevant Treatises

Starting Points: Relevant Treatises

Rule 12 (b) (2) RequirementsTwo part test:Forum States Long Arm StatuteDue Process Clause RequirementsBurden of Motion On Plaintiff Either Preponderance of Evidence If based on written evidence alone, prima facie showing*Burden on DefendantFor a challenge to the Constitutional reasonableness and fairness of chosen forumCourt views facts in light most favorable to PlaintiffDoing Research with StatutesMassachusetts 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 JurisdictionDid 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 WestlawHahn v. Vermont Law School, 698 F.2d 48

Chasing Headnotes on Westlaw

20Chasing Headnotes on Westlaw

Keyciting Headnotes on WestlawDaynard v. Ness, 290 F.3d 42

Keyciting Headnotes on Westlaw

Using Practice Aids on Westlaw

Using Practice Aids on Westlaw

Due Process RequirementsDefendant Minimum Contacts with Forum: No Offend Notions of fair play and substantial justice Contacts such that Defendant Reasonably Anticipates being haled into court thereGeneral Jurisdiction: Cause of Action does not arise out of Defendants acts in jurisdictionDefendant had numerous and substantial contacts in forumSpecific Jurisdiction: Cause of Action arises out of Defendants acts in jurisdictionWestlaws KeyRules

Westlaws KeyRules

Westlaws KeyRules

Westlaws KeyRules

Westlaws 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 FormsAdvanced Search Template

Using Google to Find Free Forms

USCourts.gov

LLRX.comllrx.com/courtrules

LLRX.com

United States District Court-MA

To ReviewUsed the Directory to Identify Relevant DatabasesUsed Annotations and Headnotes to Identify Relevant Treatises, Practice Aids, and CasesIdentified Forms in: Westlaw and LexisSARAAdvanced Google SearchLLRX