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Fundamentals of Legal Drafting: Research Workshop

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.

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Fundamentals of Legal Drafting: Research Workshop

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  1. Fundamentals of Legal Drafting: Research Workshop Kathy Darvil March 3, 2009

  2. Issue Spotting • Parties? • Jurisdiction? • Rules? • Statutes? • Cases? • Claims?

  3. Doing Research with Statutes • Federal Rule of Procedure 12 (b)(2)

  4. Doing Research with Statutes

  5. Doing Research with Statutes: Using Annotations • To Identify Relevant Treatises

  6. Starting Points: Relevant Treatises • Treatises Guide a Researcher: • Leading Cases • Forms • Related Rules, Regulations, and Statutes

  7. Starting Points: Relevant Treatises

  8. Starting Points: Relevant Treatises

  9. 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

  10. Doing Research with Statutes • Massachusetts Long Arm Statute: Mass. Ann. Laws ch. 223A Section 3

  11. Doing Research with Statutes: Using Annotations

  12. Using Case Notes to Interpret Statutes

  13. Chasing Headnotes on Lexis

  14. Chasing Headnotes on Lexis

  15. Using Case Notes to Interpret a Statute

  16. Chasing Headnotes on Lexis

  17. Chasing Headnotes on Lexis

  18. 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.

  19. Chasing Headnotes on Westlaw • Hahn v. Vermont Law School, 698 F.2d 48

  20. Chasing Headnotes on Westlaw

  21. Chasing Headnotes on Westlaw

  22. Keyciting Headnotes on Westlaw • Daynard v. Ness, 290 F.3d 42

  23. Keyciting Headnotes on Westlaw

  24. Using Practice Aids on Westlaw

  25. Using Practice Aids on Westlaw

  26. 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

  27. Westlaw’s KeyRules

  28. Westlaw’s KeyRules

  29. Westlaw’s KeyRules

  30. Westlaw’s KeyRules

  31. Westlaw’s KeyRules

  32. Form Books on Westlaw

  33. Form Books on Lexis

  34. Form Books on Lexis

  35. Form Books on SARA

  36. Form Books on SARA

  37. Form Books on SARA

  38. Using LC Subject Headings

  39. Form Books on SARA

  40. Using Google to Find Free Forms • Advanced Search Template

  41. Using Google to Find Free Forms

  42. USCourts.gov

  43. LLRX.com • llrx.com/courtrules

  44. LLRX.com

  45. United States District Court-MA

  46. 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

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