LAW 3111H- Final Exam Guide - Comprehensive Notes for the exam ( 51 pages long!)
Document Summary
Issue: rule, application (of general rule to specific situation, conclusion. Rule- judge will cite a specific case or law to decide case. Howey(defendant ) sold citrus grove to buyers who also signed service contract for cultivation of said land. Sec wanted na injunction prohibiting howey"s use of interstate commerce to market grounds as it was sale of unregistered securities. Security- is a document that provides proof of monetary investment in or common enterprise w/ profits earned exclusively through work of others. Analysis- substance over form, the documents in this case are representative of shares in company. It is an investment of money: there is expectation of making profit. Investment of money in common enterprise: any profit comes from efforts of promoter or third party. Why did the govt decide to do this search? (even though no warrant) Begins with: katz vs us explored when you need a search warrant (added to the law)
