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Torts Keyed to Duncan
CompuServe Inc. v. Cyber Promotions Inc.
Citation:962 F.Supp. 1015 (S.D. Ohio 1997)
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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.
- 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:
CompuServe were the owners and operators of a proprietary computer network through which users could send and receive e-mail. Cyber Promotions, as a part of its business model, flooded the early internet with unsolicited e-mail advertisements, many of which flowed through CompuServe’s software in order to reach its users. CompuServe repeatedly told Cyber Promotions that it could not use its service to send these unsolicited e-mails, after it received negative feedback from its users regarding the unwanted spam. Despite its best efforts, CompuServe was unable to keep the e-mails from recurring, as Cyber Promotions went to great lengths to disguise the true origin of the e-mails.
- 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.