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 Do not use legal standard to say standard is not met

 Use the record carefully


o What specific features/details are in the FindYourFido art?
o Do not point out creative expression for only one of the dogs
 Include citations after all sentences except conclusions and applications
 How many refinements do you have and is it enough to give your reader an
understanding of protectible expression?
o Group refinements- are any two refinements a lot alike- if so, maybe put them
together
 Overlaps in explanations?
 Headings
o Full conclusion sentence for the heading and a full conclusion sentence right
under it
 How to do this without being repetitive
 Heading is less detailed
 Okay so your heading is good because you got a shout-out in class…
 Subsections for sub-rules or elements of a test
o Is the section too big for there to not be subsections and not confuse the reader
with too much information
 Rules sections
o Did you start with protectible expression?
o Policy statements?
o Did you preview your refinements?
 See examples
o Don’t overly rely on quotes
 You should probably check this for yourself
 No need to put quotes around a term of art
 To paraphrase- use the buzzwords and then paraphrase the sentence
o Bookends for the rules
 Broad rules
o The rules flow from one to another
o Higher authority
 SCOTUS and 7th Circuit
 NO DISTRICT CASES HERE- EDIT THIS
 Statutory authority- the highest
 Combine the different types of explanations
 Explanations
o Facts, holding, and reasoning for original works
o No party names
o Past tense
 The case you use doesn’t have to be about animals
 Stop with the parentheses
 Applications
o Do the comparisons actually line up?
o Parallel structure?
o Think about counterarguments
o No “where the court held”
 Somewhere in the facts section, reference the photos and say that they are attached (see
attached pictures)- DO NOT ACTUALLY ATTACH THEM
 Including pictures is far more common now
 Rewriting
o Organization
o Logic
o Writing
o Close Look
 Paragraph length
o Details

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