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Torts Keyed to Duncan
Peck v. Tribune Co.
Citation:214 U.S. 185 (1909)
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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:
Peck (plaintiff) sued the Chicago Sunday Tribune Co. (defendant) for libel. Her complaint alleged that the defendant used her portrait in an advertisement for Duffy’s Pure Malt Whiskey. The advertisement included an endorsement from a nurse, Mrs. A. Schuman, stating that she used and recommended the whiskey regularly. By contrast, the plaintiff was not a nurse and abstained from all liquor. The plaintiff argued that the placement of her picture implied that she was Mrs. A. Schuman and the endorsement was her own.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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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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