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Property Law Keyed to Dukeminier
Feist Publications, Inc. v. Rural Telephone Service Co.
Citation:499 U.S. 340
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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:
Rural Telephone Service Company (“Rural”) (plaintiff) is a public utility company that provides a telephone service and also issues a telephone directory. Rural publishes a white pages list, which includes the names of its subscribers, along with their towns and telephone numbers. They also publish a yellow pages list, which lists Rural’s business subscribers. Feist Publications, Inc. (“Feist”) (defendant) also publishes a telephone directory. Unlike Rural, Feist lacked any independent access to subscriber information and instead approached telephone companies to pay for the right to use their listings. Rural, however, refused to license its listings to Feist. Unable to obtain Rural’s subscriber information, Feist took names, towns, and telephone numbers from Rural’s white pages without permission. Rural sued Feist for copyright infringement.
- 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.