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Torts Keyed to Epstein
Time, Inc. v. Hill
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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:
Hill (Plaintiff), his wife, and five children were held hostage in their suburban Philadelphia home by three escaped convicts. Plaintiff and his family were released without any harm but the story made the front pages of the newspapers. Plaintiffs then moved to Connecticut. Time, Inc. (Defendant) published an article that told of a new Broadway thriller, The Desperate Hours. The article said Plaintiff and his family rose in heroism in the time of crisis. The article included pictures of scenes from the play that was to be reenacted in Plaintiff’s Philadelphia home. Plaintiff sued under Sections 50-51 of the New York Civil Rights Law; Defendant’s publication of the issues gave the impression that the play was true when in fact it did not accurately recount Plaintiff’s actual experience and Defendant knew the article was false and untrue. Defendant answered that the article was a subject of a legitimate news article. The trial judge denied Defendant’s motion to dismiss and the j ury awarded Plaintiff $50,000 in actual damages and $25,000 in punitive damages. The New York Court of Appeals affirmed. 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.