Beyond a Preponderance ™

Legal Cartoons by Mary Fales

The views and opinions reflected on this site are my own and may not necessarily be the views or opinions of my contacts, clients, employer, friends, family, or school. Thank you, Mary Fales

Monday, November 3, 2014

Unjust enrichment - First Thanksgiving

Posted by Unknown at 7:36 AM No comments:

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Labels: contract, disgorgment, quasi-contract, restitution, thanksgiving, unjust enrichment

Friday, October 10, 2014

Impeaching the Witness (FRE 607) - Defense Applying a Strenuous Cross-exam

Posted by Unknown at 8:36 AM No comments:

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Labels: assault, court, court room, cross exam, defendant, headless horseman, impeaching, lawyer, witness

Tuesday, September 23, 2014

The Power of Trademarks

Posted by Unknown at 8:45 AM No comments:

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Labels: brand name, court, crime, jury, petty crime, purse, stealing, trademark

Tuesday, September 9, 2014

Important Supreme Court Decisions -- Part II

Posted by Unknown at 10:59 AM No comments:

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Labels: court, fantasy football, football, supreme court

Saturday, August 23, 2014

Mr. Abercrombie just wanted to enjoy a drink after a hard day in court ...

Posted by Unknown at 11:14 AM No comments:

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Labels: attorney, bar, court, lawyer, legal, schmegle, social life

Sunday, July 20, 2014

Ergo Licensing, LLC v. CareFusion 303, Inc. -- What indefinite means to me

Posted by Unknown at 10:17 AM No comments:

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Labels: CAFC, claim construction, claim language, indefinite, means for, patent, patent law, specification structure

Saturday, July 12, 2014

Nolan v. Whitney (N.Y. 1882) -- Substantial performance

Posted by Unknown at 10:29 AM No comments:

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Labels: breach, breach of contract, contract, substantial performance

Saturday, June 28, 2014

Product liability - duty to warn

Posted by Unknown at 9:31 AM No comments:

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Labels: design defect, duty to warn, product liability, warning labels

Saturday, June 21, 2014

Getting a trademark? Not so difficult; Keeping your trademark? Well…???

Posted by Unknown at 9:18 AM No comments:

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Labels: trademark, trademark canceled, USPTO, washington redskins

Sunday, June 15, 2014

America Invents Act (AIA) 2011 -- First to file

Posted by Unknown at 3:54 PM No comments:

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Labels: AIA, America Invents Act, first to file, invents, patent, patent law

Friday, June 13, 2014

Riddle v. Harmon (102 Cal App.3d 524 1980) -- end of the strawman

Posted by Unknown at 3:28 PM No comments:

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Labels: california cases, joint tenancy, property, straw man, straw person, unemployment, unities

Wednesday, May 28, 2014

Application of Ploof v. Putnam (1908)

Posted by Unknown at 4:48 PM No comments:

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Labels: necessity, torts, trespass

Saturday, May 24, 2014

Plagiarism concerns v. Page count

Posted by Unknown at 1:09 PM No comments:

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Labels: footnotes, law school, law student, scholarly, writing

Friday, May 16, 2014

AT&T: breaking up is hard to do

Posted by Unknown at 1:06 PM No comments:

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Labels: antitrust, AT&T, baby bells, monopolies

Wednesday, May 7, 2014

"Common sense" internal law firm memos

Posted by Unknown at 8:43 AM No comments:

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Labels: discrimination, law firm, memo

Sunday, April 27, 2014

Non-Obviousness 35 U.S.C. 103 -- A lot harder to overcome after KSR

Posted by Unknown at 4:48 PM No comments:

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Labels: 103, 35 USC 103, KSR, non-obviousness, obviousness, patent, patent law

Sunday, April 20, 2014

Socratic Method

Posted by Unknown at 11:43 AM No comments:

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Labels: 1L, class room, first year, law school, law student

Sunday, April 13, 2014

International Patent Filing … Not Intergalactic

Posted by Unknown at 9:14 AM No comments:

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Labels: filing, patent, PCT

Saturday, April 5, 2014

Arizona v. Gant (2009) - search incident to arrest

Posted by Unknown at 9:46 AM No comments:

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Labels: 4th amendment, arrest, police, search

Saturday, March 29, 2014

Joe took his title of Super Attorney very seriously

Posted by Unknown at 8:50 AM No comments:

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Labels: attorney, court room, super

Friday, March 21, 2014

Divorce court can get ugly

Posted by Unknown at 8:36 AM No comments:

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Labels: community property, divorce, family law, marriage

Sunday, March 16, 2014

Justice isn't cheap

Posted by Unknown at 8:00 AM No comments:

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Labels: access to justice, court, fees, justice, winning

Saturday, March 8, 2014

Pierson v. Post (1805) - Lots of Firsts...

Posted by Unknown at 8:41 AM No comments:

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Labels: animal rights, classic cases, property

Wednesday, February 26, 2014

Traumatic Bonding in Law School

Posted by Unknown at 8:57 AM No comments:

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Labels: law school, law student, legal research, writing

Sunday, February 23, 2014

6th Amendment Right to Counsel

Posted by Unknown at 9:27 AM No comments:

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Labels: 6th amendment, courtroom, crime, defendant, right

Friday, February 21, 2014

Network! Network! and Network!

Posted by Unknown at 8:00 AM No comments:

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Labels: lawyer, networking, office

Tuesday, February 18, 2014

Our Objective Expectation of Privacy After Snowden

Posted by Unknown at 1:29 PM No comments:

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Labels: 4th amendment, privacy, search

Tuesday, February 11, 2014

Mandatory Continued Legal Ed. (MCLE) -- Substance Abuse

Posted by Unknown at 2:17 PM No comments:

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Labels: drinking, MCLE, substance abuse

Saturday, February 8, 2014

Enjoy the XXII "----" Winter Games! Or The 22nd Winter "---"

Posted by Unknown at 9:00 PM No comments:

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Labels: games, trademark

Thursday, February 6, 2014

Usually winning in court is a good thing

Posted by Unknown at 5:04 PM No comments:

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Labels: drones, marriage, privacy, winning

Wednesday, February 5, 2014

Second Legal Research Assignment -- part II "Into the Abyss"

Posted by Unknown at 9:02 AM No comments:

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Labels: law school, legal research

Thursday, January 30, 2014

Important Supreme Court Decisions

Posted by Unknown at 7:44 PM No comments:

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Labels: supreme court

Tuesday, January 28, 2014

IAC – Ineffective Assistance Of Counsel

Posted by Unknown at 11:11 AM No comments:

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Labels: court room, IAC, incompetent

Patent Utility Requirement

Posted by Unknown at 11:07 AM No comments:

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Labels: 101, patent, utility

Patent Trolling

Posted by Unknown at 11:03 AM No comments:

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Labels: patent, troll, trolls

Sunday, January 26, 2014

Some witnesses can't be prep'ed

Posted by Unknown at 7:58 AM No comments:

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Labels: court room, lawyer, prep, sexual harassment, witnesses

Second legal research assignment

Posted by Unknown at 7:55 AM No comments:

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Labels: law school, legal research

First legal research assignment

Posted by Unknown at 7:50 AM No comments:

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Labels: law school, legal research

Saturday, January 25, 2014

Objections that should be valid

Posted by Unknown at 7:24 AM No comments:

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Labels: court room, objections

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- ► April (1)
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- ► February (2)
- ► January (2)

▼ 2014 (39)
- ▼ November (1)
  - Unjust enrichment - First Thanksgiving
- ► October (1)
  - Impeaching the Witness (FRE 607) - Defense Applyin...
- ► September (2)
  - The Power of Trademarks
  - Important Supreme Court Decisions -- Part II
- ► August (1)
  - Mr. Abercrombie just wanted to enjoy a drink after...
- ► July (2)
  - Ergo Licensing, LLC v. CareFusion 303, Inc. -- Wha...
  - Nolan v. Whitney (N.Y. 1882) -- Substantial perfor...
- ► June (4)
- ► May (4)
- ► April (4)
- ► March (4)
- ► February (8)
- ► January (8)

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