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Civil Procedure Keyed to Hazard
Jacobs v. CBS Broadcasting
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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:
Michael Givens (Plaintiff) was a television script writer and a member of the Writer’s Guild of America (WGA). Plaintiff worked with Westwind Releasing Corporation (Westwind) (Plaintiff) to sell a script Givens wrote entitled “The Fourth Estate a/k/a/ Final Edition” to a television network. CBS Broadcasting (Defendant) eventually bought the script. As part of the purchase agreement, William Webb (Plaintiff) and Mike Jacobs, Jr. (Plaintiff) would receive credit as executive producers and Givens would receive credit as a writer pursuant to the WGA’s rules regarding credit for writers. Defendant eventually produced a show entitled “Early Edition,” which had a similar premise as “Final Edition.” Givens, Jacobs, and Webb were not named in the proposed credits for “Early Edition.” Givens appealed the credit decision to the WGA, which undertook an investigation to determine whether Givens’ participation was sufficient to warrant credit under its rules. WGA informed Givens that, following its investigation, he did not warrant credit. Givens repeatedly asked WGA to reconsider and each time WGA found that Givens did not warrant credit. Givens, Jacobs, Webb, and Westwind sued Defendant in Los Angeles County Superior Court arguing that Defendant breached its contract with them by not giving the plaintiffs writing and production credit for “Early Edition.” Defendant removed the case to federal court. Defendant filed a motion for summary judgment, arguing that the investigation by WGA had a collateral estoppel effect and that the issue was barred. The plaintiffs appealed.
- 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.