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Civil Procedure Keyed to Yeazell
Pavlovich v. Superior Court
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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 Matthew Pavlovich is currently a resident of Texas and the president of Media Driver, LLC, a technology consulting company in Texas. Plaintiff does not reside or work in California. He has never had a place of business, telephone listing, or bank account in California and has never owned property in California. Neither Plaintiff nor his company has solicited any business in California or has any business contacts in California. Plaintiff was the founder and project leader of the LiVid video project (LiVid), which operated a Web site located at “livid.on.openprojects.net.” The site consisted of a single page with text and links to other websites. The site only provided information; it did not solicit or transact any business and permitted no interactive exchange of information between its operators and visitors. Consistent with these efforts, LiVid posted the source code of a program named DeCSS on its Web site as early as October 1999. The real party in interest, DVD Copy Control Association, Inc. was the manufacturer of DeCSS. DVD Copy is a nonprofit trade association organized under the laws of the State of Delaware with its principal place of business in California. At the time LiVid posted DeCSS, Plaintiff did not know that the organization manufacturing DeCSS was DVD Copy, or that DVD Copy had its principal place of business in California until after DVD Copy filed this action. In its complaint, DVD Copy alleged that Plaintiff misappropriated its trade secrets by posting the DeCSS program on the LiVid Web site. In response, Plaintiff filed a motion to quash service of process, contending that California lacked jurisdiction over his person. The trial court denied Plaintiff’s motion, and this appeal followed.
- 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.