Bailey was an attorney in Sanford, Florida. The Benjamins, a married couple, hired Bailey to represent them on the purchase of a home. Before closing, Bailey informed the couple of payments that they were required to make by check at the closing. Among the required payments the attorney told the couple to make were a check for $850 to George James and a check for $310 to Sharon Young. The attorney explained that the check to George James was for a survey of the property and the check to Sharon Lee was for a termite inspection that the couple had authorized. The checks were issued and taken by Bailey who promised to deliver them. Bailey did not, however, deliver them. Instead, Bailey forged the endorsements of the respective payees and cashed the checks. When Bailey was later arrested on a similar matter, the couple learned what had happened. The couple made a claim against its bank for reimbursement, claiming the bank was not authorized to pay these checks because they had not been effectively negotiated to the bank. When the facts came to light, no person named George James had done a survey on the property, but the termite inspection had been done by SharonYoung. Using IRAC decide whether the couple can be reimbursed by the bank for both checks.
RubricRubric IRACRubric IRACCriteriaRatingsPts This criterion is linked to a Learning OutcomeContent of ResponseStudent responses should demonstrate valid integration of course content as related to the topicthreshold: 3.0 pts10 ptsExceeds Expectations5 ptsMeets Expectations0 ptsDoes Not Meet Expectations10 pts
This criterion is linked to a Learning OutcomeIRAC formatThe IRAC format was successful used. Each response should include the issue, rule, application and conclusion.threshold: 3.0 pts20 ptsExceeds Expectations10 ptsMeets Expectations0 ptsDoes Not Meet Expectations20 pts
This criterion is linked to a Learning OutcomeSpelling and Grammar ErrorsStudents should be writing at a college level. Which means that there shall be no spelling or grammar errors.threshold: 3.0 pts10 ptsExceeds Expectations5 ptsMeets Expectations0 ptsDoes Not Meet Expectations10 pts