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Torts Keyed to Epstein
International News Service v. Associated Press
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:
The parties are competitors in the gathering and distribution of the news and its publication for profit in newspapers throughout the U.S. Associated Press (Plaintiff) was engaged in the business of gathering and disseminating news to its constituent members. The total cost of Plaintiff’s service was about $3,500,000 annum. Its individual members shared in that cost. Each member agreed by Plaintiff’s bylaws that news received through the service was received exclusively for publication in a newspaper and that no other use would be made of the information in advance of the publication. Each member was also required to gather news in his district and supply it to Plaintiff and no one else. International (Defendant) is in the same business as Plaintiff. They were competitors. It is obvious from the facts that the information gathered had time sensitive value and that there would be enormous competitive advantage to get the story published first. Associated Press (Plaintiff) sued International (Defendant) for bribing the employees of its member news organizations for news information, for inducing Plaintiff’s members to violate its by laws and permit Defendant to obtain news before publication, and by copying news from bulletin boards and from early editions of Plaintiff’s newspapers and selling this either in whole or after rewrite to Defendant’s members. The issue before the court was whether Defendant can be restrained from appropriating news taken from bulletins issued by Plaintiff or any of its members, or from newspapers published by them for the purpose of selling it to Defendant’s clients. Plaintiff got a preliminary injunction against Defendant. The Supreme Court granted certiorari.
- 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.