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Constitutional Law Keyed to Choper
Gertz v. Robert Welch Inc
Citation:418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Gertz v. Robert Welch, Inc.
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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:
Gertz was an attorney hired by a family to sue a police officer who had killed the family’s son. Subsequently, in a magazine called American Opinion, the John Birch Society accused Gertz of having a criminal record and being a “Communist-fronter” because he chose to represent clients who were suing a law enforcement officer. These and many of the other accusations were factually incorrect. Gertz brought a libel suit against the magazine.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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