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Civil Procedure Keyed to Field
Berlitz Schools of Languages of America v. Everest House
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff brought an action against Defendant in New York state court for unfair competition and trademark infringement, claiming that the notice printed on Defendant’s language materials disclaiming affiliation with Plaintiff was inadequate to avoid public confusion. The court found for Defendant, finding the disclaimer to be sufficient. At some point later, Defendant shrunk the size of the printed disclaimer, but left the content the same. Plaintiff then sued in federal court, claiming unfair competition and trademark infringement under the Lanham Act. The federal district court granted Defendant’s motion for summary judgment, ruling that the new suit was barred by collateral estoppel. Plaintiff appealed, arguing that the change in the size of the disclaimer made it a different factual scenario than the previous case and that collateral estoppel, therefore, did not apply.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.