Confirm favorite deletion?
Criminal Law Keyed to Dressler
People v. Whight
Facts
The Defendant opened a regular checking account at Tri Counties Bank in January of 1991. The Defendant was issued an ATM card with no expiration date. Although the account was opened with $3,750.99 in funds, eventually the account was depleted and became overdrawn by $6.17. As a result, the bank mailed a letter to defendant indicating that deposits sufficient to cover the deficiency needed to be made. When the Defendant failed to make the necessary deposit, the account was closed and the ATM card was viewed, from the bank’s point of view, as canceled. Although the account was canceled, the Defendant was able to use the ATM card at four Safeway stores to obtain more than $19,000 in March and April of 1992. The ATM terminals in the stores were connected to a computer system operated by Wells Fargo Bank. The Defendant was able to receive funds because it was Safeway policy to provide a stand-in approval code if and when Wells Fargo was unable to verify account information in a ti mely manner.
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.