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Torts Keyed to Prosser
Bindrim v. Mitchell
Citation:92 Cal.App.3d 61, 155 Cap.Rptr. 29, hearing denied by California Supreme Court, 1979, cert. denied 444 U.S. 984, 100 S.Ct. 490, 62 L.Ed 412 (1979), reh. denied 444 U.S. 1040, 100 S.Ct 713, 62 L.Ed.2d 675 (1980)
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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:
Paul Bindrim (plaintiff), was a licensed psychologist who ran a nude-therapy program. In this program, patients removed their clothes in an effort to “shed their psychological inhibitions.” Gwen Davis Mitchell (co-defendant), was a novelist who registered for the program. To register, Mitchell signed a contract that prohibited her from writing or disclosing what transpired in the nude-therapy sessions. However, Mitchell contracted the publisher Doubleday (co-defendant) to publish a novel based on the nude-therapy technique. The novel was published and its principal character, Dr. Simon Herford, used the nude-therapy technique. Bindrim brought suit, claiming that he was defamed by the depiction in the book.
- 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.