SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Choper
In re Farber
Citation:
78 N.J. 259, 394 A.2d 330 (1978)Facts
Myron Farber, an investigative reporter for The New York Times, wrote a series of articles beginning in January 1976 about suspicious deaths that had occurred at Riverdell Hospital in New Jersey in 1965-66. His investigation prompted the Bergen County Prosecutor to reopen an investigation into these deaths, ultimately leading to the indictment of Dr. Mario Jascalevich for murder. During Jascalevich’s trial, which had been ongoing for seven months, the defense subpoenaed Farber’s notes, memoranda, recordings, and other materials related to his investigation. Farber and The Times moved to quash the subpoenas, claiming protection under New Jersey’s Shield Law. The trial judge denied the motion and ordered the materials produced for in camera inspection to determine their relevance and materiality. After multiple appeals and stay applications were denied, Farber and The Times persisted in refusing to comply with the order. Judge Trautwein found them in criminal contempt, imposing a $1,000 fine and six-month jail sentence on Farber and a $100,000 fine on The Times. Additionally, to compel compliance, he imposed civil contempt sanctions of $1,000 per day on Farber and $5,000 per day on The Times until they complied with the order.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.