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Torts Keyed to Franklin
Milkovich v. Lorain Journal Co.
Citation:
497 U.S. 1, 110 S.Ct. 2695, 111 L.Ed.2d 1 (1990)
ProfessorMelissa A. Hale
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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:
Milkovich’s high school wrestling team brawled with a competing team. After a hearing, the Ohio High School Athletic Association censured Milkovich and put his team on probation. Parents sued to enjoin enforcement of the probation, and Milkovich testified at a judicial hearing denying that he had incited the brawl. The judge granted the parents’ restraining order. A sports columnist who attended the meet where the brawl occurred but did not attend the judicial hearing published a column alleging that Milkovich had perjured himself in downplaying his role in the brawl. Milkovich sued for libel per se.
- 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.
11m 49s
