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Administrative Law Keyed to Lawson
Commodity Futures Trading Commission v. Schor
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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.
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- 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:
The Commodity Futures Trading Commission (CFTC) is an independent agency that enforces the Commodity Exchange Act (CEA). The CFTC was authorized to adjudicate claims for damages, or reparations, brought by customers of brokers for brokers’ violations of the CEA or CFTC regulations. The CFTC also issued a regulation permitting itself to adjudicate counterclaims brought by brokers in reparations proceedings. Schor sued his broker, ContiCommodity Services of America (Conti), claiming it was responsible for the negative balance in his trading account with Conti. Conti counterclaimed, and the CFTC ruled in its favor. Schor then questioned the CFTC’s authority to adjudicate the counterclaim, and the agency rejected the challenge. The Court of Appeals reversed.
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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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