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Torts Keyed to Dobbs
Brunson Communications, Inc. v. Arbitron, 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:
The plaintiff owned a small independent television station. Defendant purported to measure the number of viewers watching each television station in the market area at any given time, but in fact did not measure the viewers watching the plaintiff’s station. This led to biased or erroneous information. Defendant published this erroneous information about the number of viewers to advertising agencies, advertisers, television stations and other media sources, representing that the data were incomplete and accurate. Plaintiff sued for commercial disparagement, alleging that Defendant’s false statements as to the accuracy and completeness of its test surveys caused substantial pecuniary loss to plaintiff, in that prospective advertisers would conclude from the data that plaintiff’s viewership was so insignificant as not to warrant either inclusion in the survey or recognition of the exclusion. The defendant moved to dismiss and the court granted the motion.
- 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.