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Torts Keyed to Epstein
Muzikowski v. Paramount Pictures Corp
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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:
Plaintiff, a licensed securities broker and insurance salesman, was active in founding and coaching inner-city Little League Baseball programs in very poor neighborhoods. A book, Hardball: A Season in the Projects was published, which devoted some attention to Plaintiff and his life. Defendant acquired the motion picture rights to Coyle’s book and produced the movie Hardball, which tells the story of a coach named Conor O’Neill. No character in the movie is named Robert or Muzikowski and there are no references to Little League Baseball. The credits of Hardball state, “[w]hile this motion picture is in part inspired by actual events, persons and organizations, this is a fictitious story and no actual persons, events or organizations have been portrayed.” The O’Neill character in the movie version of Hardball experiences was almost identical to Plaintiff. The only differences, in Plaintiff’s opinion, are unflattering and false as applied to the real man. When Defendant announce d to the public that it was going to make the movie Hardball, Plaintiff began getting telephone calls from all over the country from friends and acquaintances telling him that Defendant was about to make a movie about him. Defendant made it clear that the movie Hardball was to be based on the book. Plaintiff sought to enjoin the distribution of the film. The district court dismissed his claim for damages on summary judgment. 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.