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Civil Procedure Keyed to Friedenthal
Too, Inc. v. Kohl
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- 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:
Windstar hired Mia DeCaro to design a line of girl’s sleep-wear, and Paula Abraham was hired to sell the line to retailers. DeCaro’s product line violated the copyrights and trademarks of Plaintiff, Too, Inc. Abraham was aware of the infringement when she sold the product line to Defendant retailer, Kohl’s Department Sores. Windstar moved to file a third-person complaint against DeCaro and Abraham for contribution and indemnification of Windstar if they were found liable. Plaintiff argued that there was no factual or legal basis for the third-party complaint, that impleading the two employees would prejudice Plaintiff, that the motion was untimely and that it will complicate and delay the trial.
- 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.