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