Confirm favorite deletion?
Commercial Law Keyed to Warren
Diaz v. Manufacturers Hanover Trust Co
Facts
The plaintiff, Diaz (the “plaintiff”), posted the sum of $37,000.00 as security for a bond in behalf of a defendant in a criminal proceedings. The security was posted with the respondent Newman, a licensed bail bondsman. The criminal proceeding concluded and the plaintiff made a demand on Newman for the return of the $37,000. Newman delivered to plaintiff two certified checks in the amount of $12,000 and $25,000, drawn on the defendant, Manufacturers Hanover Trust (the “defendant”). Shortly thereafter, the checks became lost, their whereabouts unknown. The plaintiff notified Newman who, in turn, notified the defendant who stopped payment on the checks. The plaintiff contacted the defendant and was told that the defendant would not honor any replacement checks issued unless an indemnity bond was posted in twice the amount of the original checks.
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.
- 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.