Evidence keyed to Waltz
Legille v. Dann
Facts
The Appellee’s attorney mailed a package of four patent applications on March 1, 1973, to the Patent Office in Washington D.C. from Connecticut. The package was sent airmail, which normally took two days. The applications were date-stamped March 8, 1973 by the Patent Office, and the four applications were assigned that filing date. Three of the Appellee’s patents will fail if the date is correct because of previous filings. The Appellee petitioned the Commissioner of Patents (the “Commissioner”) to reassign the filing date, and was denied. The Appellee sued in District Court seeking a judgment directing the Commissioner to give the application a filing date of March 6, 1973. Both parties moved for summary judgment based on pleadings and affidavits submitted. The trial court found that there is a presumption of the regularity of the mail and the presumption that the Patent Office followed its custom, habit, and procedure is not enough to overcome the presumption.
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.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.