SmartBrief
Confirm favorite deletion?
Torts Keyed to Franklin
Zacchini v. Scripps-Howard Broadcasting Co.
Citation:
433 U.S. 562, 97 S.Ct. 2849, 53 L.Ed.2d 965 (1977)Facts
Zacchini is an entertainer who regularly performs a 15-second cannonball act at a county fair in Ohio. Members of the public who attend the fair do not pay a separate charge to watch Zacchini’s act. A freelance reporter for Scripps-Howard attended Zacchini’s act. Zacchini asked the reporter not to film his performance. The reporter complied that day but came back the next day, filmed the 15-second act, and broadcast the act on that night’s news program.
Zacchini sued for the commercial exploitation of his act without his consent as an unlawful appropriation of Zacchini’s personal property.
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