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Torts Keyed to Dobbs
Solano v. Playgirl, 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 January 1999 issue of Playgirl magazine showed Jose Solano, Jr., one of the main characters in “Baywatch” from 1996 to 1999. The picture showed him shirtless and in the red lifeguard trunks which were his “Baywatch” uniform. The heading read: “TV Guys. PRIMETIME’S SEXY YOUNG STARS EXPOSED.” Other suggestive headings ran across the page from left to right and from top to bottom, touting various sex toys, sex techniques and nude centerfolds of celebrities. One actually read: “Baywatch’s Best Body, Jose Solano.” The effect of the cover, taken in conjunction with the magazine’s routine practice of presenting photographs of men in various nude and explicit poses was to suggest that Solano appeared in nude photos inside the magazine. In truth, Solano appeared only as a quarter-page photo of him dressed in tee shirt and sweater, with a quarter-page profile. He sued Playgirl, on the ground that it had intentionally created the false idea in the public that he was willing to sell himself to such a magazine. The trial court granted summary judgment to Playgirl and Solano appealed. The court of appeals granted review.
- 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.