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Torts Keyed to Epstein
Kennedy v. Cannon
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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 Defendant was a lawyer for Charles Humphrey (Humphrey), an African-American man who was accused of raping a white woman. Humphrey claimed that the woman had consented to the intercourse. The Defendant spoke to the editor of the local paper and gave his client’s side of the story. The prosecution had already published its side of the events. The Defendant’s side of the story was printed in an article. As a result of the article, the Plaintiff suffered humiliation and harassment. She was eventually forced to move out of the state. The Plaintiff sued the Defendant claiming that the article charged her with adultery and was slanderous per se. The Defendant admitted to the court that the article had correctly quoted his statements. The Defendant claimed he needed to make the statements to tell his client’s side of the story in order to prevent a lynching of his client. At the conclusion of his testimony, the trial court granted the Defendant’s motion for a directed verdict. The trial court held that when the State published damaging statements about his client, the Defendant was privileged to reply. The Plaintiff 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.