Preview

Sample Case Brief

Good Essays
Open Document
Open Document
340 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sample Case Brief
Kathryn Myrick
Business Law 1
Professor McDonnell

Case Brief A.5

Braun v. Soldier of Fortune Magazine Inc., 968 F. 2d 1110 (11th Cir. 1992)

FACTS: In 1985 Michael Savage placed an ad in the Soldier of Fortune Magazine (“SOF”) advertising “Gun For Hire”. The ad ran from June 1985 to March 1986 generating an average of 30-40 call per week for jobs ranging from murder, kidnapping, assault and other criminal activity. After three previous failed attempts on his business partner Richard Braun’s life by Bruce Gastwirth , he contacted and hired Savage to commit the murder of Braun. Savage along with associates John Moore and Sean Doutre went to Braun’s home to carry out the act shot and killed Braun in front of his sixteen year old son Michael Braun who was also shot and wounded by the assailants. Michael and Ian Braun filed a lawsuit against “SOF” magazine alleging negligence.

ISSUE(S): (1) Did Soldier of Fortune Magazine negligently advertised the ad breaching the duty of care? (2) Did SOF Magazine know of the potential risks by placing the ad in the magazine? (3) Did the ad contribute to the proximate cause of the murder of Richard Braun?

HOLDING: The district court’s assertion that the publisher is liable for damages and negligently placed an advertisement that was apparent for substantial danger and potentially harmful to the public. The trial court’s language of the advertisement was the proximate cause of Braun’s injuries that he sustained.

RULE OF LAW: To prevail in an action for negligence in Georgia a party must establish the following elements: (1) Legal duty to conform to a standard of conduct raised by the law for the protection of others against unreasonable risks of harm. (2) A breach of this standard. (3) A legally attributable causal connection between the conduct and the resulting injury (4) Some loss or damage flowing to the Plaintiff’s legally protected interest as a result of the alleged breach of the legal
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Case Brief 11.2
    • 250 Words
    • 1 Page

    Case Brief 11.2

    Lester Cooper and Julie Smith were engaged, Lester gave various gifts to both Julie & Janet Smith while living in Janet’s house. Later they had a disagreement causing the engagement to break off and Cooper desired his gifts given back. Julie gave back only the engagement ring. Cooper subsequently sued the Smith’s.…

    • 250 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Case Brief No 1
    • 699 Words
    • 3 Pages

    Case Brief No 1

    Plaintiff and Defendant: The plaintiff/appellant is Harvestons Securities, Inc. The defendant/appellee is Narnia Investments, Ltd.…

    • 699 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Kuehn V. Pub Zone Case Summary
    • 691 Words
    • 3 Pages

    Kuehn V. Pub Zone Case Summary

    The Dustin Soldano v. Howard O’Daniels case models the common dispute between negligence and a party’s responsibility in an event. Likewise, chapter 1 of the Legal Environment textbook features Kuehn v. Pub Zone, a case that demonstrates a different scenario but the same battle of negligence and liability. The commonalities between the two cases support one another in the demonstration of the judges’ decisions as well as contribute to later common law.…

    • 691 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Case Brief A4
    • 1103 Words
    • 4 Pages

    Case Brief A4

    On November 11, 1974, Gnazzo had an intrauterine device (IUD) inserted in her uterus for contraceptive purposes. The IUD was developed, marketed and sold by G.D. Searle & Co. (Searle). When Gnazzo’s deposition was taken, she stated that her doctor had informed her that “the insertion would hurt, but not for long,” and that she “would have uncomfortable and probably painful periods for the first three to four months. On October 11, 1975, Gnazzo found it necessary to return to her physician due to excessive pain and cramping. During this visit she was informed by her doctor that he thought she had Pelvic inflammatory Disease (PID). She recalled that he stated that the infection was possibly caused by venereal disease or the use of the IUD. The PID was treated with antibiotics and cleared up shortly thereafter. Less than one year later, Gnazzo was again treated for an IUD-associated infection. This infection was also treated with antibiotics. Gnazzo continued using the IUD until it was finally removed in December of 1977.…

    • 1103 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Coughlin V Tailhook
    • 468 Words
    • 2 Pages

    Coughlin V Tailhook

    The court refers to rulings in Granite Constr. Co. v Rhyne, 817 P.2d 711 (Nev. 1991) and Craigo v. Circus-Circus Enterprises, Inc., 785 P.2d 22 (Nev. 1990). In the former case the court held that the “facts show that Granite consciously and deliberately disregarded known safety procedures, safety procedures that they had expressly agreed to…

    • 468 Words
    • 2 Pages
    Good Essays
    Read More
  • Better Essays

    Legt 1710 Assignment 1
    • 1249 Words
    • 5 Pages

    Legt 1710 Assignment 1

    * Jones L Introduction to Business Law 1st, 2011, C11 the Tort Law of Negligence. P342…

    • 1249 Words
    • 5 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Case Brief
    • 352 Words
    • 2 Pages

    Case Brief

    Facts: In 1998, investigative reporting team, Jane Akre and her husband Steve Wilson, brought suit against their employer WVTV, a subsidiary of Fox TV, under violation of Florida’s whistle-blower statutes. They argued that the station had terminated their employment under grounds of retaliation because the team refused to suppress and distort the contents of a story regarding the controversial Bovine Growth Hormone in Florida’s cattle. Additional claims also brought forth included declaratory relief and breach of contract. After a four-week trial, a jury found against Wilson on all of his claims. Akre decided to drop allegations concerning declaratory relief and the court allowed for continuance based on her whistle-blower claims. The jury granted a monetary award of $425,000 in damages to Akre based on retaliation claims established by whistle-blower statute.…

    • 352 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Case Brief
    • 421 Words
    • 2 Pages

    Case Brief

    Michael Huck was discriminated because he was on a wheelchair and didn’t get the same benefit as other humans who are in the back rows. He didn’t have the choice of seats which was available to others so basically for him to watch a movie; he would have to sit in the front row of the theatre. They also said if he wanted to sit at the back rows, he would have to get up but he’s a disability person. He didn’t have the opportunity like others.…

    • 421 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Business Law Case Brief
    • 1158 Words
    • 5 Pages

    Business Law Case Brief

    Statement of Facts: On 8 May 2015 David Smith drove his car through a red light. Afterwards, he then plowed into Ms. John Doe’s car, mangling it beyond repair. Fortunately, Ms. Doe escaped with minor scratches and bruises, even though she was seven and one-half months pregnant. Four days later she delivered a stillborn infant. The operating physicians concluded the unborn baby had died from injuries sustained in the accident. Ms. Doe had seen Dr. Horace Mann at her regularly scheduled check-up approximately two weeks before the accident. His records show Ms. Doe was in good health and the child’s condition was “normal” for one conceived about seven months earlier. Dr. Mann thinks the baby was probably capable of a separate existence outside the womb.…

    • 1158 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    Case Brief
    • 455 Words
    • 2 Pages

    Case Brief

    FACTS Rumarson Technologies, Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24,965 owed to it by Event Marketing, Inc. (EMI) when EMI's check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI's corporate account, and they signed the check. RTI argued that as signatories they could be held personally liable. The lower court agreed and ruled in favor of RTI holding the Helmers liable. The Helmers appealed. Also of note, is that check was dated 1998 although there is some non-material dispute as to whether it was August 14, 1998, or on or around July 13, 1998.…

    • 455 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Hammurabi Research Paper
    • 3478 Words
    • 14 Pages

    Hammurabi Research Paper

    strict liability)”. When a tort is committed, the harmed party sues to receive compensation for his…

    • 3478 Words
    • 14 Pages
    Powerful Essays
    Read More
  • Good Essays

    Case Brief
    • 1484 Words
    • 6 Pages

    Case Brief

    This case in Fenton, Missouri involves 17 yrs. old Christopher Simmons born in 1993. Charles Benjamin and John Tessmer were Christopher Simmons friends and accomplices. Christopher Simmons planned and committed a capital murder along with Charles Benjamin. The plan was to commit burglary and murder by breaking and entering, tying up Shirley Crook, and tossing her off a bridge. The three boys met at 2am in the morning however, Tessmer then dropped out of the plan. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They put Mrs. Crook in a minivan drove her to a state park and threw her off a bridge. Once the case was brought to trial court, the evidence was solid and overwhelming. Simmons had confessed to the murder, performed a videotaped reenactment at the crime scene, and there was testimony from John Tessmer against him that showed premeditation. After the crime Christopher discussed the plot in advance and later bragged about the crime. After 2 hours of investigation Christopher broke down and confessed. At trial the State introduced Simmons confession and the videotaped reenactment of the crime, along with testimony that Simmons discussed the crime in advance and him bragging to fellow classmates about it later. The defense called no witnesses due to the evidence and confession. The jury having returned a verdict of murder, the trial proceeded to the penalty phase. The jury returned a guilty verdict. The jury recommended a death sentence in which the trial court imposed despite Christopher not having a criminal background. The State charged Simmons with burglary, kidnaping, stealing, and murder in the first degree. Simmons was 17 at the time of the crime. He was outside the criminal jurisdiction of Missouri’s juvenile court system. Charles Benjamin and was…

    • 1484 Words
    • 6 Pages
    Good Essays
    Read More
  • Good Essays

    Case Analysis Sample
    • 1154 Words
    • 5 Pages

    Case Analysis Sample

    After gathering the mutants, they were placed at the CIA office, in a room where all of them can stay. They…

    • 1154 Words
    • 5 Pages
    Good Essays
    Read More
  • Powerful Essays

    Criminal Justice Case Brief
    • 584 Words
    • 3 Pages

    Criminal Justice Case Brief

    Specifically, Maddox asserted that his right to due process was violated as outlined in violation of the doctrine of Brady v. Maryland by the state 's failure to disclose a photograph taken by the police shortly after the alleged rape showing Elder 's bed neatly made, the results of a police examination of the bedspread which revealed no blood, semen or other fluid, and lastly a written statement by another witness, Brenda Phelps, that Debbie Phillips had stated that she dropped her insurance with Maddox for financial reasons. Maddox appeals the denial of habeas relief.…

    • 584 Words
    • 3 Pages
    Powerful Essays
    Read More
  • Good Essays

    Case Brief
    • 741 Words
    • 3 Pages

    Case Brief

    1. Applications for asylum may not be made against the wishes of a parent of a child that lacks the mental capacity to request asylum and a third party cannot speak on behalf of a minor because it is the right of a…

    • 741 Words
    • 3 Pages
    Good Essays
    Read More

Related Topics