State v. McGuire’s Empirical Analysis
2007
Citation profile
6 state decisions
Relationships
Applies 15 U.S.C. § 77A (§ 1 of the Securities Act of 1933)
Relies on Affiliated Ute Citizens of Utah v. United States · Reves v. Ernst & Young · 211 Wis. 2d 397 - State v. Setagord · 100 Wis. 2d 342 - In Matter of Estate of Bilsie · Tietsworth v. Harley-Davidson, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 11-51-201(17), the securities fraud statute requires that fraud must be perpetrated in connection with the offer, sale, or purchase of any security, § 11-51-501(1). Accordingly, if the prosecution in a criminal securities case relies on the theory that the relevant instrument is a note, the jury must be instructed that not all notes are securities, The jury must further be instructed, using the test from Reves, how to determine if the note is a security. 1 188 We conclude that, like in McKye, the instruction here that a security is”
1 later decision quote this exact passagee.g. People v. Mendenhall“A reasonable investor would have considered the transaction with its higher-than-commercial interest rate to be an investment.”
1 later decision quote this exact passage“The factors are considered as a whole, and failure to satisfy one of the factors is not dispositive.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.