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A newsletter from West providing Westlaw® search tips for corporate counsel and staff
May/June, 2007
Got something to prove?
American Jurisprudence Proof of Facts can tell you what you need to prove and how to prove it in almost any litigation situation.

When starting a large or unfamiliar project, such as preparing for trial, it's best to start with the big picture and a game plan. That's where
American Jurisprudence Proof of Facts, available on Westlaw in the American Jurisprudence Proof of Facts (
AMJUR-POF) database, comes in.
Why search AMJUR-POF rather than a treatise on the applicable cause of action, e.g., toxic torts? Because legal analysis and case summaries might not be enough when you need to start interviewing your client and preparing your case. AMJUR-POF can, instead, bring you a detailed blueprint of your case—plus the tools (e.g., explanations, required elements, forms, jury instructions, model testimony, and other key material supporting your cause of action) you will use at every point in the litigation process. And you get it all in a single, easy-to-navigate document.
The purpose of AMJUR-POF is to show what facts to prove—and how to prove them—for a particular cause of action or area of litigation, from personal injury to employment disputes, wills and estates, real estate, and commercial torts. For example, a single AMJUR-POF document can show you what constitutes "unnecessary hardship" in a zoning variance matter; the landowner's burden of proof; facts and circumstances tending to meet that burden of proof; and questions that should be asked of the real estate appraiser, land use planner, and other witnesses. Such a document can be a huge timesaver as you prepare for client intake, case evaluation, negotiation, discovery, and trial advocacy.
An AMJUR-POF document may include the following features:
- model pleadings
- elements of proof checklist
- elements of damages checklist
- legal background
- technical background (where applicable)
- practice tips and reminders
- defense considerations
- model interrogatories, deposition checklists, and other discovery materials
- sample testimony showing how to prove particular facts
Once you're ready for primary authorities and more detailed analysis, AMJUR-POF provides links to cases, statutes, regulations, and forms, as well as to more detailed analysis in materials such as American Law Reports (ALR®) annotations, law review articles, and treatises.
Search example
Suppose your client claims he was injured as a result of taking an antidepressant medication. To retrieve a single document that explains the theories of liability, damages, and elements of proof and provides proof and damages checklists, practice considerations, and suggested examinations for your client and expert medical witnesses, access AMJUR-POF. Click the Natural Language tab at the Search page and type a description such as the following:
injury caused by anti-depressant medication
While viewing a document, you can jump to a particular section by clicking the appropriate table of contents link at the top of the page.