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Evidence Keyed to Park
Deere & Company v. FIMCO Inc.
Citation:260 F.Supp.3d 830 (2017)
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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:
Shanks, an intellectual property investigator, conducted a survey investigation for Deere during discovery and wrote a report on his findings. The report related that when he spoke to salespeople and said that he assumed yellow/green farm equipment was made by …, they inevitably said “John Deere.” But his notes – not the report – asserted that several of the salespeople stated that buyers would not confound Deere and FIMCO products. Deere contended that Shanks’ notes of the salespeople’s responses to his unfinished sentence inquiries were admissible, but that his notes of what salespeople told him that customers said was hearsay within hearsay and inadmissible.
- 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.