FORMAT FOR CASE BRIEF

Virtually all of the cases in this text (and all legal texts for that matter) are at an Appellate/Supreme Court level (not a trial court), where Issues of Law are resolved, as opposed to issues of fact which are resolved at the trial court level. This suggested format is a slight modification of an outline for Case Briefs used in the legal profession. (Example - Text Pg 8 – Case 1.1)

 Style of Case and Citation:

U.S. v Sun-Diamond Growers of California

 Court Rendering Final Decision:

U.S. Supreme Court

 Identification of Parties and Procedural Details: Who is the Plaintiff? Who is the Defendant? What is the cause of action? Who prevailed in lower court? Who is appealing to what court?

The United States (plaintiff) charged U.S. Sun-Diamond Growers of California (defendant) with making illegal contributions to the former Secretary of Agriculture Michael Espy who had control of regulation to the use of methyl bromide. The growers were particularly interested in this regulation due to their use of this low-cost pesticide. The issue at hand is that present, past, or current public officials are not allowed to receive gratuity from agencies that have interest in regulations that those officials may be even remotely connected to. The jury involved convicted Diamond, and the District court subsequently sentenced them to pay a fine of $400,000. Afterwards the Court of Appeals reversed the stated conviction and remanded a new trial.

 Discussion of the Facts: Who did what to whom? What relief is being sought?

Example - Sony manufacturers Betamax video tape recorders for use in recording a TV Broadcast. Tapes can be viewed, erased, and use to record again. Universal City and Disney Studios claim that Sony is facilitating the theft and reproduction of movies, and denying them their rightful copyright royalty payment. Universal/Disney is seeking money damages for past infringement, and a court injunction prohibiting the manufacture of the tap recorders

 Statement and Discussion of the Legal Issues in Dispute: What decision of the lower court is being challenged? What specific legal questions is the subject court being asked to address? Is the question about Common-Law? A Statute?

Example – Sony is challenging the Circuit Court of Appeals ruling that orders Sony to either pay estimated royalties, or cease manufacture and distribution of the tape recorders. This is a question of the application of the Federal Copyright Act and Patent Act which seeks to hold liable anyone who “actively induces infringement of a Patent (or Copyright)” as a “contributory infringer”.

 Subject Court Final Decision: For Plaintiff? For Defendant? What happens next?

Example – For Sony, Lower Court is Reversed

 Summary of This Final Court’s Reasoning: What is the legal basis for the court’s decision? Be sure to include relevant Dissenting Opinions.

Example – The court found that the primary purpose of the tape recorder was just a
“time-shift”, allowing people to record shows or movies at times when they could not view them, and then replay them at their leisure. The taping had little or no effect on the studio’s collection of Copyright Royalties from the TV Stations and Networks, as the movies were not being recorded, collected, or resold, and the recording constituted a “fair use” of a public broadcast.

 Business Impact of the Case: How does the result affect US businesses and their policies and practices? How should management react to the decision in this case in order to avoid future problems, or take advantage of such a situations?

Example – Businesses’ can rely on time-shift or other innocent activities that constitute a “fair use” of modern technology to reproduce Copyrighted Material. Later cases against Napster and Grokster, where these two defendants deliberately set-up systems to allow for the transfer of Copyright Protected music without incurring a payment or royalty, were found to be deliberate infringement of the Copyright, not fair use, and therefore unlawful.