SmartBrief
Confirm favorite deletion?
Conflict of Laws Keyed to Hay, 16th Ed.
Baldwin v. Fischer-Smith
Citation:
315 S.W.3d 389 (2010)Facts
Plaintiffs Mark Baldwin and others operate Whispering Lane Kennel near Ava, Missouri, where they breed, sell, and exhibit Chinese Crested dogs and have achieved national recognition including Best of Breed at Westminster. Defendants Fischer-Smith and Hall, residing in Arizona and Pennsylvania respectively, compete with plaintiffs in the Chinese Crested market. Fischer-Smith purchased the domain www.stop-whisperinglane.com and with Hall’s assistance created a website specifically identifying plaintiffs’ kennel in Ava, Missouri, and naming three plaintiffs as owners. The website was accessible to anyone with internet access and received approximately 2,500 hits in one year, including at least 25 from Missouri residents involved in the dog business. Google searches for plaintiffs’ kennel name returned links to the allegedly defamatory website, which criticized Missouri’s animal breeding laws and plaintiffs’ business practices.
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.