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Torts Keyed to Goldberg
Stockett v. Tolin
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- 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:
From December 1985 through April 1987, Michelle Ann Stockett, a 29 year old, workedfor three companies that are related and substantially integrated called Limelite Studios, Inc., Directors Production Company, and Limelite Video, Inc. (collectively, Corporate Defendants). Corporate Defendants was substantially owned by Frank Tolin, a 71-year-old man. Consistently, Tolinwould touch and speak to Stockett in a vulgar, sexual manner by pressing against Stockett in a manner that she would be unable to move, grab her breasts, stick his tongue inside her ears, and lick her neck. Also, Tolinwould constantlymake explicit, coarse, and degrading statements to Stockett about her sex with her. At all times, Stockett opposed Tolin’s advances, but continued working there because she needed the work and wanted to obtain experience in the industry. Tolin was an extremely successful man with a net worth in millions of dollars.Tolin’s employees knew ofhis sexual conduct, almost every female in the company had been subject to his sexual advances, and there were many witnesses to Tolin’s harassment of Stockett. Subsequently, on April 1987, Tolin threatened to terminate Stockett if she did not sleep with him. Stockett quit her job and brought suit against Tolin and Corporate Defendants on the basis of Title VII of the Civil Rights Act, as well as battery, invasion of privacy, false imprisonment, and intentional infliction of emotional distress. Stockett introduced evidence of past and ongoing damages from Tolin’s conduct including gastrointestinal conditions, loss of self-confidence, and an inability to trust men. The parties stipulated to a nonjury trial.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.