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Contracts Keyed to Barnett
ProCD v. Zeidenberg
Citation:86 F.3d 1447 (7th Cir. 1996)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
ProCD spent over $10 million to compile more than 3000 telephone directories into a computer database into CDs sold to individual consumers for non-commercial use at $150 and charged significantly higher to commercial clients. To sort out commercial from non-commercial clients, each CD contained a shrinkwrap license that became effective as soon as the customer opened the package restricting individual consumers to non-commercial uses.
Zeidenberg bought a non-commercial package from a retail outlet and used the CD for commercial purposes in selling off data contained in the CD to customers for a reduced price.
- 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.