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Securities Regulation Keyed to Coffee
United States v. Mulheren
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*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. Review the Facts of this case here:
Beosky, a high-profile Wall Street spectator and Mulherenwere acquaintances. One day, Mulheren told Boesky, via telephone, that it would be “great” if Gulf-Western stock would rise to $45 a share, instead of its current price of just over $44 per share. No evidence existed that Boesky owned 3.4 million shares and when Boesky testified at trial, he did not imply that Mulheren was aware. Not long after that conversation, Mulheren bought 75k shares on Jamie Securities Co.’s behalf, causing Gulf-Western stock to rise to $45, whereupon Boesky sold his shares. Then, Mulheren was indicted by the Justice Department for violating § 10(b) of the Securities Exchange Act for a form of securities fraud, committed byMulheren by buying with the intent to manipulate stock prices. Mulheren was convicted, and he appealed.
- 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.