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Torts Keyed to Duncan
Papa John’s International, Inc. v. McCoy
Citation:244 S.W.3d 44 (Ky. 2008)
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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:
Gary McCoy (plaintiff) ordered a pizza from Papa John’s to his home for his wife, and asked the delivery driver to stop by his place of business for payment. The plaintiff alleges that the delivery driver, Burke, inquired about possible employment and did not leave for nearly two hours. Burke alleges that the plaintiff asked him to stay, discussed thoughts of suicide and homicide, was drinking, and showed Burke his gun when he tried to leave. Burke slipped away while the plaintiff was showing him a hunting video and reported the incident to the police. The plaintiff was arrested for unlawful imprisonment and the story of the arrest was published in the newspaper a few days later. Eventually the charges were dropped with prejudice. The plaintiff sued Papa John’s International Inc. and RWT, Inc. (defendants) for malicious prosecution and defamation.
- 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.