SmartBrief
Confirm favorite deletion?
Banking Law Keyed to Carnell, 7th Ed.
Berko v. Securities and Exchange Commission
Citation:
316 F.2d 137 (1963)Facts
Irwin Berko was employed by Mac-Robbins & Co. from June to December 1958, his first job in the securities industry. Mac-Robbins operated a “boiler-room” that specialized in selling Sports Arenas, Inc. stock through misleading brochures and high-pressure telephone solicitation. Berko studied and distributed these misleading brochures to potential customers. He sold Sports Arenas stock without knowing that the company was operating at a loss, despite financial statements being available. In one instance, Berko told a customer that the stock, then selling at $7 per share, had a “good possibility” of rising to $15 within a year without adequate basis for such a prediction. During his six months at Mac-Robbins, Berko earned approximately $11,000 from his sales activities.
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.