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Civil Procedure Keyed to Marcus
Zuk v. Eastern Pennsylvania Psychiatric Institute of the Medical College of Pennsylvania
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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.
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- 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, a psychologist on the Defendant’s faculty, taped two of his therapy sessions. Defendant made them available for rental through its library. Plaintiff also wrote a book, containing transcripts of the therapy sessions. In 1975, Plaintiff registered the book with the United States Copyright Office. Five years later, Plaintiff requested that all copies of the films be returned to him, but Defendant ignored the request. In 1995, Appellant filed suit on Plaintiff’s behalf alleged that Defendant was renting out the films and thereby infringed his copyright. Defendant moved for dismissal under Rule 12(b), and mailed a notice to Appellant of its intention to move for sanctions under Rule 11 on grounds that Appellant filed to conduct an inquiry into the facts and law. The district court granted the Motion to Dismiss and found that the copyright of the book afforded protection to the films. It also found that Defendant’s use thereof was not infringement, and that Plaintiff’s claim was barred by the statute of limitations. The court subsequently entered an order for attorney’s fees and sanctions against Plaintiff and Appellant, who are joint and severally liable to the Defendant for counsel fees in the amount of $15,000. Plaintiff settled his liability with the Defendant in the amount of $6,250, leaving the appellant liable for $8,750. Appellants appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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