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Torts Keyed to Epstein
Cox Broadcasting Corp. v. Cohn
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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 brought suit in Georgia, based on Ga. Code Ann Section:26-9901, which made it a crime to publish or broadcast the name or identity of a rape victim, and claimed that his right to privacy had been invaded. Cox admitted to the broadcasting, but claimed their actions were privileged under state law and the First and Fourteenth Amendments. The trial court rejected Cox’s claims and held that the Georgia statute allowed for a civil remedy to those injured by its violation. The Supreme Court of Georgia held that the trial court erred in allowing the Georgia statute to give a civil cause of action, and thus did not consider the constitutionality of the statute. The court ruled that the complaint also stated a cause of action for invasion of privacy, but that liability did not flow as a matter of law and summary judgment would be improper. After retrial, and appeal, the court then found that the identity of the rape victim did not rise to the level of public interest that would affo rd Defendant constitutional protection.
- 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.