Kibel_CivPro_Exam_Fa10

Thecomplaint

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Unformatted text preview: ”, claiming that “Hemway” died in 1961 from a “self‐inflicted bow and arrow wound.” The Estate was displeased and offended by the publication of Jest’s The Old Man and the Ocean, and filed a Complaint against Jest in federal district court in Idaho. In its Complaint, the Estate noted that the defendant Jest might raise the affirmative defense that the title, content and biographical paragraph for The Old Man and the Ocean was somehow protected “free speech” under the First Amendment of the federal United States Constitution. The Complaint filed by the Estate against Jest contained two counts. The first count in the Estate’s Complaint was for “defamation” of Hemingway’s reputation under Idaho state tort law (in connection with the biographical paragraph). Although the tort of defamation was well established under Idaho state court decisions, no Idaho statute or reported Idaho state court decision had yet addressed whether an “Estate” could sue for defamation of a deceased person. The second count in the Estate’s Complaint against Jest involved provisions of federal copyright law relating to the title and content (plot/characters) of Hemingway’s original novel The Old Man and the Sea. I(A) – Does the federal district court in Idaho have proper federal question subject matter jurisdiction over the Estate’s second count against Jest related to federal copyright law? I(...
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This document was uploaded on 03/20/2014 for the course LAW 700A at Golden Gate.

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