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Contracts Keyed to Murray
Harris v. Time, 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:
Joshua Gnaizda, a three-year-old boy (Plaintiff), received an envelope in the mail from Time, Inc. (Defendant), offering a free calculator watch “just for opening [the] envelope.” Joshua’s mother opened the envelope and learned that a subscription toFortunemagazine was required in order to receive the watch. After Defendant refused to provide the watch, Joshua’s father, a public interest attorney, filed a class-action suit along with Mark Harris and Richard Baker (Plaintiffs) against the company for breach of contract, unfair advertising, promissory estoppel and fraud. Plaintiffs sought declaratory and injunctive relief and $15 million in punitive damages. The trial court granted Defendant’s motion for summary judgment and dismissed the complaint after finding Plaintiffs’ claims to be “de minimis.” 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.