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Securities Regulation Keyed to Coffee
Kauthar SDN BHD v. Sternberg
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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.
- 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 Malaysian corporation, Kauthar SDN BHD (Plaintiff),made a $38 million investment in Rimsat, Ltd. (Rimsat) (Defendant), a Nevis corporation with Fort Wayne, Indiana as its principal place of business. Rimsat was incorporated for the purpose of offering satellite communication services to its Pacific Rim region customers. Rimsatmade phone calls from its base in Fort Wayne and prepared documents in the United States for transmission to Kauthar in order to secure Kauthar’s investment in this capital-intensive venture.Subsequent these solicitations and meetings in the United States, Kauthardecided to invest and sent installments to Rimsat’s bank; then in January 1995, many of Rimsat’s creditors forced it into bankruptcy. This fraud suit was filed by Kautharunder the U.S. securities laws. The suit was dismissed by the district court and the Seventh Circuit reversed.
- 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.