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Civil Procedure Keyed to Hazard
Clearfield Trust Co. v. United States
Citation:318 U.S. 363, 63 S.Ct. 573, 87 L.Ed. 838 (1943)
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- 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.
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- 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:
The United States (Plaintiff) issued a check to Clair Barner. Barner never received the check, but it was cashed at a J.C. Penney with a forged signature. J.C. Penney gave the check to Clearfield Trust Co. (Defendant), which collected the funds owed on the check from Plaintiff through the Federal Reserve. Barner informed Plaintiff he had not received the check in May 1936. Defendant learned of the forgery in January 1937, and Plaintiff asked Defendant for reimbursement in November 1937. In 1939, the United States sued Defendant based on its guaranty of all prior endorsements, to recover the amount of the check.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.