Case Brief-Sonja Smacks v. Kiley K (2017) (Case Study Sample)

Instructions:

The case briefs should be written in the following format, and see sample case brief following:
Facts: The facts briefly indicate
(1) the reasons for the lawsuit,
(2) the identity and arguments of the parties, and
(3) the lower court’s decision (if applicable).This should be a summary that demonstrates your written communication and explanation skills.
(15 points)
Issue: The issue is the question before the court. The issue must be phrased as a question. Cases often have more the one issue (i.e., the court answers more than one question). If so, those questions should be listed here in chronological order.This section is meant to demonstrate your critical thinking skills as it requires identification of the central issue(s) between the parties and a clear statement of what the issue is.
(15 points)
Rule: The rule is simply the law the court uses to answer the question presented in the issue. This section requires the student to use critical thinking skills to identify the law that the court should consider in this case and clearly state it.Word for word re-statement is fine here.
(15 points)
Application: This section requires you the student to apply the rule to the facts to answer the question presented in the issue. In brief, the application provides the reason(s) for your decision on the Issue identified.This part should be the longest as you are applying the facts to the law, as it is worth the most.Critical thinking skills are again required here as the students must take the facts as given and apply the law that is given to them.You will be graded by your ability to demonstrate the application of given facts to the laws that govern the issue, and your writing skills in conveying this application or analysis of the facts with the law.
(30 points)
Conclusion: Your decision on how to the resolve the Issue identified, after your application of the law to the facts. You must answer the issue presented based on your application of the law to the facts.You will be graded on how clear your response is based on the applicable law and facts.(15 points)

source..

Content:

Name
Course
Tutor
Date
Sonja Smacks v. Kiley K (2017)
Facts
Sonja Smacks has filed a copyright infringement case against Kiley K, who sells counterfeit versions of its products through Instagram. Notably, the case was filed by the US District Court for the Northern District of Arkansas. The plaintiff is a corporation based in Arkansas that sells a trademarked lipstick brand in its stores in the state and around the country. The defendant is a Hawaii resident who operates a boutique that sells cosmetics. After discovering that Kiley K was selling its trademark products, Sonja Smack placed an order to determine if Kiley K was selling genuine products. However, after the lipsticks were delivered in Arkansas, Sonja Smack discovered that some were fake. In the lawsuit, Sonja Smack argues that Kiley K has committed trademark infringement. On the other hand, Kiley K wants the lawsuit dismissed, arguing that the US District Court for the Northern District of Arkansas does not have federal court jurisdiction over her.
Issue
The issue at hand is whether the US District Court for the Northern District of Arkansas has the jurisdiction to hear the case, given that the defendant belongs to another state/ United States territory.
Rule
The jurisdiction of state courts is limited by federal laws, state laws and the constitution meaning that they cannot hear all the cases. Legally, state courts have the authority and power to hear cases about issues or events within their borders. They can also hear cases involving a defendant who lives within its territory or who was served within the state . If a plaintiff files a case in the wrong court, the defendant can call for its dismissal or transfer to a proper court.
Application
Copyright infringement, which is the subject of this case, took place in Hawaii while the case has been filed US District Court for the Northern District of Arkansas. This court is a state court whose jurisdiction is limited to events that happen in the state of Arkansas. In addition, it has jurisdiction to hear a case about an event that happened outside the state only if the person involved resides in Arkansas or was served in Arkansas. In Sonja Smacks v. Kiley K (2017), the defendant is calling for the dismissal of the case because the US District Court for the Northern District of Arkansas does not have the jurisdiction to hear the case for several reasons. First, the defendant is not a resident of Arkansas and was not served while residing in Arkansas. Secondly, the boutique in which the copyright infringement took place is in Hawaii, outside the geographical jurisdiction of the US District Court for the Northern District of Arkansas. As a result, according to the defendant, the court does not have the jurisdiction to hear the case.
The rules of citizenship for corporations and businesses can invalidate the defendant's claim that the court does not have any jurisdiction to hear the case. According to this rule, a business is both the citizen of the state where it is registered or incorporated and the state where it does business. Even though Kiley. K's boutique is based in Hawaii; the owner delivers products to customers in other states. For example, when Sonja Smack wanted to test the authenticity of Kiley K's products, an order was made, and Kiley K delivered the products in Arkansas. Therefore, since Kiley K sells to customers in Arkansas, as per the rule of citizens of business and corporations, Killey K'

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Case Brief-Sonja Smacks v. Kiley K (2017) (Case Study Sample)

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