Legal Research and Writing
For this assignment, you are being asked to research Massachusetts law so that you can locate at least ONE case and only ONE statute which are directly on point for the problem set forth below. Read the case and statute carefully and use analogy and distinction to assist you in applying their reasoning to our case. Then, write an essay using the TRAAC method to answer the question asked and explain why you would answer it that way, using the case you have located as precedent and the statute to explain the law.
This is not only a research, but also an analysis exercise, and it is important that you demonstrate your understanding of the issues involved as thoroughly as possible. Be thorough and remember that the grade you receive is not just based on whether your answer is “correct,” but on the analysis you demonstrate in your answer. Have fun, and remember: Scientia potentiaest!
THE PROBLEM:Congratulations! You have been hired as a paralegal by the firm of Bolger, Haley, and Lahr in Emerald City, Massachusetts. Your boss, Attorney Frank Marvel, needs your help in researching the law for a new client, Dorothy Gale. Dorothy, a college student, rents a room from Elvira Gulch, where she lives with her small terrier dog, Toto. Toto is good-natured, gets along well with children and has never been a problem. On Wednesdays, Dorothy has a very heavy class schedule, and finds it very difficult to get back to Ms. Gulch’s boarding house to walk Toto; therefore, she and Ms. Gulch have come to an arrangement: for an extra $20 a week, Ms. Gulch has agreed to take Toto for a walk every Wednesday afternoon. Although Ms. Gulch does not like dogs, and occasionally has difficulty getting Toto’s cooperation in wearing his walking harness, the arrangement has been satisfactory for the past six months; as Ms. Gulch puts it, “Land sakes! Twenty dollars is twenty dollars! I’ll take it, my pretty, and your little dog for a walk too!” On Wednesday, January 30th, however, Ms. Gulch was struggling to buckle Toto’s harness so she could take him for his walk, when Toto turned and bit her hand, drawing blood and causing tendon damage for which Ms. Gulch needs surgery. Ms. Gulch is suing Dorothy for her injuries.
After interviewing Dorothy, Frank (your boss) has decided to research the question of whether Ms. Gulch can be considered a keeper of the dog; if Ms. Gulch can be considered to be the dog’s keeper, she will probably not be successful in suing Dorothy under the Massachusetts dog bite statute.He remembers that there was a Massachusetts Appeals Court case between 1996 and 2002 that discussed “keepership” in detail, and he wants you to find at least that case, the dog bite statute, and to write an analysis of whether Ms. Gulch is likely to be defined as a keeper of the dog in this case.
Final Research Assignment
to Accompany Final Writing Assignment
This Research Assignment will help you to find the authority you need to complete your Final Writing Assignment. You may do any or all of this assignment online, using your Westlaw password, but I do encourage you to check yourself by using the books as well. Please don’t forget to use Bluebook citation form for your answers when appropriate, and remember: scientia potentia est!
1. First, you might want to familiarize yourself with the law surrounding the question of liability for dog bites. There are many background resources that are available to get you up to speed, including legal encyclopedias and ALR articles.
a. Legal Encyclopedias: As you know, encyclopedias can be useful in gaining background information, in familiarizing yourself with the words and phrases used in a particular area of law, and in finding cases which can always lead you to cases in your jurisdiction. Go to C.J.S. and find a section that might help you here. What section did you choose and why?
b. ALR articles: As you know, ALRs are also a great background resource if you can find an ALR article about your subject precisely. Thus, while the encyclopedia may have only a general article about liability for animals, ALR might have an article specifically about who is defined as one who harbors or “keeps” a dog.
i. Go to the ALR Digest, which is designed to coincide with the West Digest System. That is, once you find an appropriate key number in the ALR Digest, that key number will be exactly the same as the West Digest key number that covers that subject. What key number and topic do you think will be helpful here? Why?
ii. Can you find an ALR article that you think will assist you in your research? It should be one that talks specifically about “keepership.” Please identify it here (but don’t worry about cite form; remember, ALR articles are unciteable secondary authority).
2. Find the statute in question and answer the following questions.
a. What method did you use to find the statute?
b. Name at least one other method a researcher could use to find the statute.
c. Cite the statute in proper Bluebook form.
3. Now, using the key number(s) you found when researching the ALR article above, find the case you think your boss is thinking of when he’s remembering a case between 1996 and 2002, and cite it here. Remember that it’s a Mass Appeals court case, not a Massachusetts Supreme Judicial Court case.
4. Are there any Massachusetts Supreme Judicial Court cases you think may assist you here? If so, cite them and explain why.
5. Are there any Massachusetts cases that you have found that you have rejected? Cite them and tell me in one or two sentences why you have rejected them (for example, they might not be reported cases, or they might not add to the points the main case makes, or they might be outdated, etc.). You should have found at least one.
6. Are there any Massachusetts cases that you have found that you think will add to your analysis or assist you in reaching a conclusion, other than ones you have previously mentioned? Cite them and tell me in one or two sentences why you think they might be useful (for example, their facts may be closer to our facts, or their reasoning may make it easier to prove that Gulch is or is not a “keeper,” etc.).
EXTRA CREDIT: In Massachusetts, we are lucky to have a series of books written and compiled by master Massachusetts lawyers that contain practice tips and articles about the law in Massachusetts; this series is called the Massachusetts Practice Series, and though it is generally not citeable because its articles are more like encyclopedia articles specific to Massachusetts, it is a treasure trove of information on Massachusetts law. For extra credit, find a Mass. Practice Series article that explains the law in this area and that cites to the important case on “keepership” that your boss is thinking of. Cite it here.