SmartBrief
Confirm favorite deletion?
Commercial Law Keyed to Whaley
Decibel Credit Union v. Pueblo Bank & Trust Co.
Citation:
996 P.2d 784 (2000)Facts
A thief stole 14 blank checks furnished by Decibel to one of its checking account customers. The thief forged the customer’s signature on the checks and deposited them over a 40 -day period at Pueblo Bank, where the thief had a bank account. At no time during the period did the thief’s bank account have sufficient funds to cover the checks that were being cashed. Decibel’s customer later discovered the forgeries when he received his bank statement. Decibel then made a demand on Pueblo Bank for reimbursement on the forged checks, but Pueblo Bank declined. Decibel sued Pueblo Bank, arguing that Pueblo Bank violated its responsibility to uphold both presentment and transfer warranties. The lower court granted summary judgment for Decibel as to both warranties and ruled that Decibel was entitled to reimbursement.
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.
Topic Resources
6m 28sTopic Outline 
Topic Refresher Course 