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