What Rule governs the commencement of a civil action in federal court?
Your supervising attorney asks to meet you in Conference Room A on Monday morning of next week at 10:00 a.m. to discuss a new assignment. She explains that this case involves intellectual property law, specifically issues of copyright infringement. She may be filing a complaint in federal district court on behalf of the client, Edward Tune. Before doing so, she wants to do some preliminary research into the issue of whether the client can sue a company for copyright infringement through the use of a “digital audio recording device”. She has asked you to conduct the following research:
- Research the United States Code Annotated (USCA) on WestlawNext and locate the definition of a “digital audio recording device” under the copyright law. State the name of the statute, citation, and definition. Drop a copy of the statute in the Tune case file in Clio.
- Research the United States Code Annotated (USCA) on WestlawNext for copyright infringement. What are three remedies available to a party for copyright infringement? State the legal citations and drop copies of the statutes into the Tune case file in Clio.
- Find a federal case which discusses a “digital audio recording device.” What is the name and legal citation of the case? Drop a copy of the case into the Tune case file in Clio.
- Find secondary authority on WestlawNext which discusses “digital audio recording devices.” What is the purpose of The Audio Home Recording Act of 1992? Drop a copy of the secondary authority into the Tune case file in Clio.
- Research the Code of Federal Regulations. Do any regulations govern “digital audio recording devices”? Provide the correct Bluebook citation.
- Research the Federal Rules of Civil Procedure.
- What Rule governs the commencement of a civil action in federal court?
- What Rule governs service of the summons and complaint?
- If the complaint is to be filed electronically, what types of information needs to be redacted under Rule 5.2?