Civil Procedure Keyed to Friedenthal
Clearfield Trust Co. v. United States
The United States issued a check to a recipient. The check was presumed to be stolen because the intended recipient never received the check. The check was cashed at a J.C. Penney with the recipient’s forged signature. J.C. Penney turned the check over to Clearfield Trust Co., Defendant. Defendant collected the funds owed on the check from the Federal Reserve. The United States informed “interested parties” eight months after it learned that the intended recipient never received the check. The United States then sued Defendant based on its guaranty of all prior endorsements, to recover the amount of the check. The District Court ruled that Pennsylvania law applied and held that the United States was barred from bringing suit due to the eight month delay from learning of the forgery to notifying any parties about the forged check. The United States appealed and the Court of Appeals reversed. Defendant appealed to the Supreme Court.
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.