Commercial Law Keyed to Lopucki
First National Bank v. Colonial Bank
Both Plaintiff and Defendant were pawns in a check kiting scheme. Shelly International Marketing opened a checking account with Plaintiff. The principals of Shelly International Marketing also opened a checking account with Defendant under the name World Commodities, Inc. The principals then began writing checks on insufficient funds on one account then covering the overdraft by depositing checks drawn on insufficient funds from the other account. Plaintiff became suspicious of the scheme and froze Shelly International Marketing’s account. It then returned its checks to Defendant. Defendant learned of Plaintiff’s decision to return the checks at 2:45 pm and realized that in order to protect itself it must return its checks by midnight the same day. Defendant contacted World Commodities and was assured that the checks were good and should be redeposited. Defendant, in order to avoid disappointing the customer, delayed until the following day to notify Plaintiff it would be returning its checks. Plaintiff received those checks one day later and two days after Plaintiff returned its checks to Defendant.
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.