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Commercial Law Keyed to Warren
National Title Insurance Corporation Agency v. First Union National Bank
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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:
National Title Insurance Corporation (the “plaintiff”) opened an escrow checking account with First Union National Bank (the “defendant”) in April 1996. At the time, the parties entered into a deposit agreement. The deposit agreement defined and governed the relationship between the parties. At issue in this case is Paragraph 12 of the deposit agreement that absolves the defendant of any liability for paying an item containing an unauthorized signature, an unauthorized indorsement, or a material alteration of the plaintiff does not report such fact to the defendant within 60 days of the mailing of the account statement describing the questionable item. Considering this, the defendant paid two counterfeit checks. The plaintiff did not report either of the unauthorized signatures to the defendant within 60 days of receipt of the account statements. After the defendant failed to credit the plaintiff’s account, this action ensued. The trial court concluded that the parties could contractually reduce the one-year period for reporting unauthorized signatures set forth in Code Section: 8.4-406(f) and that the 60 day time period was not “manifestly unreasonable” under the provisions of the code.
- 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.