Torts Keyed to Epstein
Kilian v. Doubleday & Co., Inc
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
A book was created from the writings of disabled veterans taking an English course. One of the veterans, O’Connell, wrote a story in the first person that was actually based on stories that were described to him by other soldiers who allegedly witnessed them. The story described acts of cruelty and unauthorized punishments administered by Plaintiff. At the end of the story, Dr. Wolfe, the professor of the course, added a footnote claiming that Plaintiff was convicted of permitting cruel and unusual punishment and received a reprimand and a small fine for his crime. Plaintiff brought suit for libel and Defendant answered by claiming truth as a defense.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.