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Commercial Law Keyed to Lopucki
HSBC Bank USA v. F & M Bank Northern Virginia
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*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. Review the Facts of this case here:
Donald Lynch purchased a check from Allied Irish Bank. The check was for $250 U.S. dollars payable to Advance Marketing and Investment. Prior to deposit, the check was altered without authorization to make the amount $250,000. This was done by adding zeros to the end of the numerical 250 and by adding the abbreviation “Thoud” to the end of the written 250. Advance Marketing and Investment deposited the check into its account with Petitioner. Respondent paid $250,000 to Petitioner on the check. Subsequently, Allied Irish Bank informed Respondent of the unauthorized alteration. Respondent credited Allied Irish Bank for the difference and brought this suit against Petitioner. Petitioner asserted the affirmative defense that Allied Irish Bank, the issuer of the check, failed to exercise ordinary care in preparing the check and such failure contributed to the unauthorized alteration of the check.
- 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.