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Torts Keyed to Epstein
Milkovich v. Lorain Journal Co.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Milkovich was the wrestling coach at Maple Heights High School in Ohio. During the 1974 season, the team was involved in an altercation at a home match, during which several people were injured. After the altercation, the Ohio High School Athletic Association (OSHAA) placed the team on probation. Then, several parents and students sued the OSHAA, in the Court of Common Pleas, seeking a restraining order of the probation, on the grounds that due process had not been afforded to the members of the team. The court overturned the conviction and, the next day, Respondent published an article alleging that Petitioner had lied so the probation would be overturned. Petitioner brought suit, alleging defamation.
- 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.