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1 page/β275 words
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APA
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
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Topic:
Galella v. Onassis 487 F.2d 986 (2nd Cir. 1973) Analysis
Case Study Instructions:
Keep in order and just label each category as shown below
A brief is a summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.
It should include:
- 1. Facts: Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis.
- 2. Procedural History: What court authored the opinion: The United States Supreme Court? The California Court of Appeal? The Ninth Circuit Court of Appeals? (Hint: Check under the title of the case: The Court and year of the decision will be given).
- 3. Issue: What is the question presented to the court? Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about, and what are they asking the court to decide?
- 4. Rule(s): Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court.
- 5. Application/Analysis: This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably considered all “sides” and arguments presented to it. How courts apply the rule to the facts and analyze the case must be understood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule? Summarize the court’s rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning.
- 6. Conclusion: What was the final outcome of the case? In one or two sentences, state the court’s ultimate finding. What was the court’s reasoning?
- 7. Concurring/Dissenting Opinion: You don’t need to spend too much time on this part other than the pinpoint the concurring or dissenting judge’s main point of contention with the majority opinion and rationale.
- 8. Implications of the court’s decisions (why it is important)
Case Study Sample Content Preview:
Galella v. Onassis 487 F.2D 986 (2ND CIR. 1973)
Name:
Institutional Affiliation:
Galella v. Onassis 487 F.2D 986 (2ND CIR. 1973)
Relevant Facts
Ronald Galella, the plaintiff, was a freelance photographer focusing on public figures and celebrities. One of Gallela’s photographing subjects was Jacqueline Onassis, President John F. Kennedy’s widow. Galella was arrested and prosecuted for improper conduct for several invasions of Onassis’ and her children’s privacy while photographing. Galella was appealing the summary judgment that dismissed his complaints about the interference of his trade, false arrest, and malicious prosecution against Onassis and the three Secret Service Agents.
Procedural History
The opinion was authored by the United States Courts of Appeal for the Second Circuit in 1973.
Issues
The matters presented to the court were if Galella’s claims dismissal was proper and whether the injunction given violated the First Amendment Rights of Galella as a journalist.
Relevant Rules
There is no license in the First Amendment for a newsperson to act tortuously or criminally when gathering news. Also, the Secret Service ...
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