Confirm favorite deletion?
Securities Regulation Keyed to Coffee
J.I Case Co. v. Borak
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. Review the Facts of this case here:
A proposal of a merger was submitted to the shareholders for their approval by the management of J.I. Case Co. In association with the proposal, management solicited shareholder proxies approving of the merger. Borak argued that the proxy solicitations were fake and deceiving in violation of § 14(a) of the Securities Exchange Act and he desired rescission of the consummated merger plus damages for himself and all the other shareholders in similar situations and any other suitable equitable relief. The trial court held that the federal statute approved only declaratory relief and all other remedies must be sought under state law. The Wisconsin statute applied here required the posting of security for expenses. Borak declined to post security and all counts of the complaint were dismissed except the section which would result in a judgment of declaratory relief. Borak appealed, arguing that the Securities Exchange Act approved a private right of action by implication and he was not restricted to the state courts for other than declaratory relief.
- 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.