SmartBrief
0
Confirm favorite deletion?
Torts Keyed to Prosser
Neiman-Marcus v. Lait
Citation:
13 F.R.D. 311Only 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. Review the Facts of this case here:
Lait (defendants) published a book entitled “U.S.A Confidential.” In this book, Lait made allegations that models and female sales staff at Neiman-Marcus (plaintiff) were call girls. Lait also alleged that the male sales staff at Neiman-Marcus were homosexuals. Three groups of employees at Neiman-Marcus brought suit against Lait. The employees alleged that the matter in U.S.A. Confidential libelled and defamed them. The plaintiffs included: (1) nine individual models who constituted the entire group of Neiman-Marcus models, (2) thirty of the 382 saleswomen, and (3) fifteen of the twenty-five salesmen. Lait moved to dismiss the lawsuit.
- 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
