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Torts Keyed to Prosser
Hall v. Post
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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 plaintiffs, Susie Hall (child) and Mary Hall (adoptive mother) sued Defendant The Salisbury Post and its reporter, Rose Post, for invasion of privacy based on two articles published in Defendant’s newspaper, one entitled “Ex-Carny seeks Baby Abandoned 17 Years Ago”. Susie was apparently abandoned by her parents as an infant; she was left by her father with babysitter Mary. The article detailed the facts surrounding Susie’s abandonment, and the mother’s desire to return to the area and locate her long-lost child. Based on responses to the article Susie was located and a 2nd article was published identifying Plaintiffs and the details of the telephone encounter between Mary and the birth mother. As a result, Plaintiffs were compelled to flee their home to avoid the public attention, and each of them sought psychiatric care for their emotional and mental distress caused by the incident.
- 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.