SmartBrief
Confirm favorite deletion?
Torts Keyed to Prosser
Snyder v. Phelps
Citation:
562 U.S. 443, 131 S.Ct. 1207, 179 L.Ed.2d 172Facts
Fred Phelps (co-defendant) founded the Westboro Baptist Church (co-defendant) upon the belief that God is intolerant of homosexuality. The church frequently communicated its views by picketing, especially at military funerals. The church picketed at the funeral of Marine Lance Corporal Matthew Snyder, using signs like “America is Doomed” and “Thank God for Dead Soldiers.” The church notified the authorities in advance of its intent to picket, complied with police instructions, and picketed on public land adjacent to the funeral. The funeral procession passed within 200 to 300 feet of the picket site, and Snyder’s father (plaintiff) only saw the tops of the picket signs. Snyder’s father filed suit against Phelps and the church for various tort claims, including intentional infliction of emotional distress.
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.
Topic Resources
Topic Outline
Defamation And Privacy TortsTopic Refresher Course
Defamation and Privacy Torts Essay Review