Product Description

Recent updates:

• Update: December 2018

  Dear Subscriber:

  Thank you for choosing to keep your civil litigation collection current with the 2018 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Saul Ewing Arnstein & Lehr LLP, this supplement includes a wealth of important updates.

  You will find updated jury instruction language and new case notes throughout the book. The following are just a few of the updates in the supplement:

  • substantially revised precharge instructions, see Chapter 1—General Instructions;

  • an updated definition of negligence, see Chapter 2—Personal Injury;

  • new instructions on innovator liability and food product liability, see Chapter 11—Product Liability;

  • new in pari delicto instructions for accounting malpractice cases, see Chapter 18—Professional Malpractice; and

  • edits to instructions throughout the book reflecting an effort to employ clear, plain English language.

  We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: December 2016

  Dear Subscriber:

  Thank you for choosing to keep your civil litigation collection current with the 2016 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this supplement includes a wealth of important updates.

  You will find updated jury instruction language, new case notes, and new practice tips throughout the book. Just a few of the supplement's highlights include new instructions on the following.

  • Violation of safety standards and compliance with safety standards in Chapter 11—Product Liability.

  • The implied warranty of habitability as it relates to condominiums in Chapter 17—Real Estate.

  • Burden of proof in a legal malpractice case in Chapter 18—Professional Malpractice.

  • Procuring false imprisonment through third parties in Chapter 23—False Imprisonment and False Arrest.

  • Interviewing jurors in Chapter 25—Submitting the Case to the Jury.

  We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

• Update: January 2015

  Dear Subscriber:

  Thank you for choosing to keep your civil litigation collection current with the 2014 revised edition of MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Patrick F. Brady of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this edition includes a wealth of important updates.

  Highlights include new or revised instructions on the following topics:

  • jurors' use of social media (see Chapter 1—General Instructions),

  • negligent infliction of emotional distress, both first-party claims and claims by persons who witness injury to or death of a family member (see Chapter 8—Emotional Distress),

  • implicit bias (see Chapter 13—Special Issues),

  • breach of fiduciary duty and sources of fiduciary duty, including attorney-client, partnerships, joint ventures, and officer and director (see Chapter 12—Business Litigation), and

  • supervisor liability in federal civil rights actions (see Chapter 19—Civil Rights Actions).

  We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

  Cordially,

  Alexis J. LeBlanc, Esq., MCLE Publications Attorney

Table of Contents

Chapter 01 expand

Types of Schooling Available

Buy Chapter

Kristin E. Valcourt, Esq., Department of Elementary & Secondary Education, Commonwealth of Massachusetts

Checklist 1.1

- Commonwealth and Horace Mann Charter Application for New Operators Buy Form

Exhibit 1A

- Advisory on Interdistrict School Choice Pursuant to G.L. c. 76, § 12B Buy Form

Exhibit 1B

- Guidelines for the Vocational Technical Education Program Nonresident Student Tuition Process Pursuant to M.G.L. c. 74 Buy Form

Exhibit 1C

- Massachusetts Department of Elementary and Secondary Education Advisory on Approval of Massachusetts Private Schools Pursuant to Mass. Gen. Laws c. 76, § 1 Buy Form

Chapter 02 expand

Powers and Responsibilities of the School Committee

Buy Chapter

Nicholas J. Dominello, Esq., Valerio Dominello & Hillman, LLC
Elizabeth B. Valerio, Esq., Valerio Dominello & Hillman, LLC

Exhibit 2A

- Sample Form for School Committee Meeting Minutes (Open Session) Buy Form

Exhibit 2B

- Sample Form for School Committee Meeting Minutes (Executive Session) Buy Form

Chapter 03 expand

The State and Federal Roles in Massachusetts Public Schools

Buy Chapter

Rhoda Schneider, Esq., MA Dept. of Elementary & Secondary Education

Chapter 04 expand

Collective Bargaining in Public Education

Buy Chapter

David M. Connelly, Esq., Morgan, Brown & Joy LLP

Chapter 05 expand

Employment Issues Involving School Employees in General

Buy Chapter

Demitrios M. Moschos, Esq., Seder & Chandler

Checklist 5.1

- Checklist of Required Elements of Sexual Harassment Policies Buy Form

Chapter 06 expand

Employment Issues Involving Teachers

Buy Chapter

Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Exhibit 6A

- Decisions Addressing Procedural Issues Arising in Connection with Teacher Dismissal and Nonrenewal Buy Form

Exhibit 6B

- Internet Sites Buy Form

Exhibit 6C

- Decisions Involving the Best Interest Standard—Teachers Retained Buy Form

Exhibit 6D

- Decisions Involving the Best Interest Standard—Teachers Dismissed Buy Form

Exhibit 6E

- Decisions Addressing the Elevation of Performance Standards Buy Form

Exhibit 6F

- Decisions Addressing Allegations of Insubordination Buy Form

Exhibit 6G

- Decisions Involving Allegations of Conduct Unbecoming Buy Form

Chapter 07 expand

Student Safety and Discipline in Public Schools

Buy Chapter

Rebecca L. Bryant, Esq., Stoneman, Chandler & Miller LLP

Exhibit 7A

- Decisions Illustrating Analysis of Facts in Cyber Speech Cases Buy Form

Chapter 08 expand

Preventing and Responding to Harassment and Bullying in Public Schools

Buy Chapter

Justin R. Gomes, Esq., Stoneman, Chandler & Miller LLP
Colleen Shea, Esq.,

Exhibit 8A

- Antiharassment Policy Buy Form

Exhibit 8B

- Harassment Grievance Policy Checklist Buy Form

Exhibit 8C

- Administrative Guidelines for Responding to Complaints of Peer Harassment by Students Buy Form

Chapter 09 expand

Student Enrollment, Curriculum, and Assessment

Buy Chapter

Felicia S. Vasudevan, Esq., Murphy, Hesse, Toomey & Lehane LLP

Chapter 10 expand

Student Records

Buy Chapter

John C. Foskett, Esq., Valerio Dominello & Hillman, LLC
Caroline Thibeault, Esq.,

Chapter 11 expand

Public Schools, Online Speech, and Electronic Devices and Data

Buy Chapter

Leslie Crofton Carey, Esq., Long, DiPietro, and Gonzalez, LLP
Rosann DiPietro, Esq., Long, DiPietro, and Gonzalez, LLP

Exhibit 11A

- Selected Decisions Addressing Free Speech and Online Student Expression Buy Form

Exhibit 11B

- Selected Decisions Addressing Employee Online Speech Outside of Work Buy Form

Chapter 12 expand

An Overview of Special Education Law

Buy Chapter

Daniel W. Ahearn, Esq.,

Checklist 12.1

- Special Education Eligibility Checklist Buy Form

Checklist 12.2

- Checklist for Examining the Independent Evaluation Option Buy Form

Checklist 12.3

- Services and Placements Checklist Buy Form

Checklist 12.4

- Checklist for Special Education Hearings Buy Form

Exhibit 12A

- IDEA Discipline Outline Buy Form

Chapter 13 expand

Special Education: Practice Before the Bureau of Special Education Appeals

Buy Chapter

Sara P. Berman, Esq., Bureau of Special Education Appeals, Commonwealth of Massachusetts
Alina Kantor Nir, Esq., Commonwealth of Massachusetts

Checklist 13.1

- Checklist of the Basic Elements of a BSEA Expedited Hearing Schedule Buy Form

Exhibit 13A

- IEP Rejection/Nonresponse Packet and BSEA Mediation Options Buy Form

Exhibit 13B

- Hearing Rules for Special Education Appeals Buy Form

Exhibit 13C

- BSEA Standing Orders Buy Form

Exhibit 13D

- Hearing Request Form Buy Form

Exhibit 13E

- Notice of Hearing—Parent Initiated Hearing Buy Form

Exhibit 13F

- Notice of Hearing—School Initiated Hearing Buy Form

Exhibit 13G

- Notice of Accelerated Hearing—Parent Initiated Hearing Buy Form

Exhibit 13H

- Notice of Accelerated Hearing—School Initiated Hearing Buy Form

Exhibit 13I

- Notice of Expedited Hearing—Parent Initiated Hearing Buy Form

Exhibit 13J

- Notice of Expedited Hearing—School Initiated Hearing Buy Form

Exhibit 13K

- LEA Notice of Hearing Buy Form

Exhibit 13L

- Advancement/Postponement Request Form Buy Form

Exhibit 13M

- Statement on the Effect of BSEA Decision and Rights of Appeal Buy Form

Chapter 14 expand

Special Education: Advocating on Behalf of Students and Parents

Buy Chapter

Robert K. Crabtree, Esq.,
Eileen M. Hagerty, Esq., Kotin, Crabtree & Strong LLP

Checklist 14.1

- Checklist of Questions for Initial Review of Client’s Records Buy Form

Exhibit 14A

- Sample SPED Intake Form Buy Form

Exhibit 14B

- Feedback from BSEA Hearing Officers Buy Form

Chapter 15 expand

Special Education: Advocating on Behalf of School Districts

Buy Chapter

Rebecca L. Bouchard, Esq., Chicopee Public Schools

Checklist 15.1

- Specific Areas of Need to Be Considered in Developing IEPs for Students with Autism Spectrum Disorder Buy Form

Exhibit 15A

- Technical Assistance Advisory SPED 2014-1: DSM-5 Changes and the Impact on Students with Autism Spectrum Disorders (ASD) Buy Form

Exhibit 15B

- Technical Assistance Advisory SPED 2007-1: Autism Spectrum Disorder Buy Form

Exhibit 15C

- Transition Planning Form (TPF) Buy Form

Exhibit 15D

- Chart Showing Options for Disciplining Children with Disabilities Buy Form

Exhibit 15E

- Chart Showing Requirements for “Removals” Under 1999 IDEA Regulations Buy Form

Chapter 16 expand

Tort Liability of Schools and School Employees

Buy Chapter

Gregor Pagnini, Esq., Brody, Hardoon, Perkins & Kesten LLP

Checklist 16.1

- Checklist of Actions to Be Taken by a School Employee Sued in Tort Buy Form

Exhibit 16A

- Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16B

- Memorandum of Law in Support of Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint Buy Form

Exhibit 16C

- Motion to Amend Track Designation Buy Form

Exhibit 16D

- Decisions After Brum v. Town of Dartmouth Illustrating Protection to Schools Under G.L. c. 258, § 10(j) Buy Form

Exhibit 16E

- Petition for Approval of Minor Settlement Pursuant to G.L. c. 231, § 140C½ Buy Form

Exhibit 16F

- Motion to Impound Complaint and to Use Pseudonyms Buy Form

Chapter 17 expand

Basic Rules of Public School Budgeting and Finance

Buy Chapter

Kelly T. Gonzalez, Esq., Long, DiPietro, and Gonzalez, LLP
Michael J. Long, Esq., Long, DiPietro, and Gonzalez, LLP

Editor(s)

DEI Commentator(s)

Author(s)