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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: Using Annotations • To Identify Relevant Treatises
Starting Points: Relevant Treatises • Treatises Guide a Researcher: • Leading Cases • Forms • Related Rules, Regulations, and Statutes
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
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
Keyciting Headnotes on Westlaw • Daynard v. Ness, 290 F.3d 42
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
Using Google to Find Free Forms • Advanced Search Template
LLRX.com • llrx.com/courtrules
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