LAW 724 Lecture Notes - Lecture 1: Common Law Copyright, Conflict Of Laws, Ernest Hemingway
30 Nov 2018
School
Department
Course
Professor
Document Summary
International private law: affairs of private entities (individuals, corporations: conflict of laws, choice of laws. Stare decisis: requires courts to follow prior decisions of courts from the same jurisdiction on similar cases. The first step of case analysis is to find similar cases that are persuasive of binding on the court. Similarity of cases is determined by referring to facts and issues. Facts (parties, complaint) -> not all the facts are relevant; who are the parties: procedural history. Facts -> appeal action brought by the estate of earnest hemingway and his widow against the publisher and author of a book entitled papa hemingway. Hotchner used part of a conversation he had with hemingway and incorporated in a book about hemingway. Hemingway"s widow claims it is a violation of common law copyright laws. In some cases, the question already identifies the legal issue; in other cases, you should be able to identify it.
