Confirm favorite deletion?
Contracts Keyed to Summers
Caspi v. The Microsoft Network
Citation:323 N.J.Super. 118, 732 A.2d 528
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:
The Microsoft Network, LLC and Microsoft Corporation (collectively “Microsoft”) (defendants) operated a membership service for its online Microsoft Network (“MSN”) program. In order to become an MSN member, a prospective subscriber had to assent to MSN’s membership agreement by clicking on “I Agree” on a scrollable computer window using a computer mouse. Registration could only proceed after the potential subscriber had assented to the membership agreement, which contained a forum-selection clause that called for the claims to be litigated in the State of Washington. After MSN membership fees increased, Caspi and three other MSN members (plaintiffs) sued Microsoft in New Jersey court on behalf of a nationwide class of 1.5 million MSN members for breach of contract and fraud. Microsoft sought to enforce the forum-selection clause. Caspi and the other members of the class alleged that the MSN members did not have adequate notice of the forum-selection clause.
- 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.