Confirm favorite deletion?
Business Associations Keyed to Hamilton
United States v. Chestman
Facts
Waldbaum, the controlling shareholder of Waldbaum’s, Inc., told some members of the family that he was going to sell the corporation. Chestman (Defendant) learned from Loeb, who was married to Waldbaum’s niece, Waldbaum was to be sold to A & P for significantly more than the market price. Defendant was a broker for the junior members of the Waldbaum family. After receiving the information, but before the sale was announced publicly, Chestman (Defendant) purchased Waldbaum stock for himself and several of his customers, including Loeb. Loeb cooperated with the Securities and Exchange Commission (SEC) (Plaintiff) during its investigation, and ejected his profits and paid a fine. Defendant was indicted and convicted for violating Rules 10b-5 and 14e-3(a), for mail fraud and perjury. On appeal, a panel of the Second Circuit set aside Defendant’s conviction entirely. The United States (Plaintiff) appealed, resulting in this en banc rehearing by the Second Circuit.
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.