2023-2024 Law School Catalog

LAW-2285 Massachusetts Practice

This course deals with civil practice and procedure in the Massachusetts state courts. Primary emphasis is on the Massachusetts Superior Court and District Court, with some discussion of the Appeals Court and the Supreme Judicial Court. Topics covered include the Massachusetts Rules of Civil Procedure, subject matter jurisdiction, personal jurisdiction, venue, commencement of the action, service of process, pleadings, attachment and trustee process to secure assets, pretrial procedures, disposition without trial, discovery, trial, judgment, and execution. This course will be of particular interest to students who intend to practice on the civil side in Massachusetts. The course syllabus contains references to rules, statutes, and cases that are relevant to Massachusetts civil practice and procedure. The syllabus, available on Blackboard, contains direct electronic links to Westlaw for all of the rules, statutes, and cases. PowerPoint slides will be available to students containing relevant materials. A closed-book examination will be administered. The course will also be useful to students in connection with their preparation for the bar examination. Massachusetts has adopted the Uniform Bar Examination, which includes an essay portion that tests civil procedure. I will review in class past Multistate Essay Examination questions on civil procedure, and students will have an opportunity to draft answers to the essay questions which I will review. In addition, applicants to the Massachusetts bar are required to pass the Massachusetts Law Component Examination (an on-line examination) prior to admission to the bar. The Massachusetts Law Component Examination tests key distinctions and highlights of Massachusetts law, including Massachusetts Civil Procedure. Students are not required to purchase any books for this course. All materials are available on-line.

Credits

2