Confirm favorite deletion?
Civil Procedure Keyed to Friedenthal
T.B. Harms Co. v. Eliscu
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Eliscu, Defendant had interests in copyrighted music. T.B. Harms Co., Plaintiff, alleged that Defendant signed a contract that assigned the rights to the music back to Dreyfus, Plaintiff’s principal stockholder. When the copyrights were about to expire, Defendant entered into an agreement to assign the renewal rights to another individual, Jungnickel, pending determination of Defendant’s ownership. Defendant advised Plaintiff that he had assigned the renewal rights and then filed suit against Plaintiff seeking a declaration that he owned a one third interest in the renewal rights and an accounting. Plaintiff responded by suing Defendant in federal court, seeking declaratory relief against Defendant and Jungnickel. All parties were concededly citizens of New York. Jurisdiction was predicated on the Copyright Act (Act), a federal law. The district court dismissed for lack of jurisdiction and Plaintiff appealed.
- 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.