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Securities Regulation Keyed to Coffee
United Housing Foundation, Inc. v. Forman
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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:
A non-profit organization, United Housing Foundation, Inc. (UHF), developed Co-op City, a low cost housing cooperative. UHF formed Riverbay to own and operate Co-op City. In order for a potential tenant to acquire an apartment, they had to purchase eighteen shares of stock for each requested room; the entire purpose of the share purchase was to move into Co-Op City. The shares were not transferrable, came with no voting rights and upon moving out, the tenant had to sell the shares back at the original price. Originally, UHF wanted to attract occupants in order to cover a portion of the construction costs, but when costs were higher than anticipated, UHF raised the monthly rental charges to cover overrun. Fifty-seven residents claimed that the initial offer stated that residents would not be required to cover construction cost increases and filed suit against UHF and Riverbay. The citizens of Co-op City stated that the alleged distortions were in violation of federal securities laws. UHF stated that the contracts did not involve securities and the district court judge granted a motion to dismiss. The court of appeals reversed, and UHF 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.