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Civil Procedure Keyed to Cross
Epstein v. Gray Television, Inc
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Benn, is a Georgia resident and was a reporter for Gray Television, Inc. and Gray Television Group, Inc., GTG. Benn reported a story on multiple malpractice lawsuits in South Carolina against Epstein, Plaintiff. Plaintiff moved to Texas for employment at a Veterans Administration Hospital. For the report, Benn did the majority of her investigation in Georgia and South Carolina, however, she interviewed Epstein by phone in Texas. Additionally, Benn investigated Texas laws and looked for reports against Plaintiff with the Texas Medical Board. Benn presented her investigation to the Veteran’s Administration. GTG placed Benn’s report in both South Carolina and Georgia, as well as on its website. Also, Benn gave the report to an affiliate station in Texas, but the affiliate station did not run it. Plaintiff brought suit against Benn and GTG for libel under diversity jurisdiction in Texas federal court. Benn motioned to dismiss the case for a lack of personal jurisdiction on the grounds that Benn did not have sufficient contacts with Texas to establish personal jurisdiction.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.