What facts are critical in court ruling in favor of plaintif

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Reference no: EM131359494

Case Analysis

• Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.

• The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.

• The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.

• Utilize the case format below.

• Your grade comes from the content contained on the actual submission.

Case Analysis Format

1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:

Parties [Identify the plaintiff and the defendant]

Facts [Summarize only those facts critical to the outcome of the case]

Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]

Issue [Note the central question or questions on which the case turns]

Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.

Holding [How did the court resolve the issue(s)? Who won?]

Reasoning [Explain the logic that supported the court's decision]

2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.

3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.

4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!

5. Wrap up with a Conclusion slide. This should summarize the key aspects of the decision and also your recommendations on the court's ruling.

6. Include citations on the slides and a reference slide with your sources. Use APA style citations and references.

Submit your assignment to the Dropbox, located at the top of this page. For instructions on how to use the Dropbox, read these step-by-step instructions.

See the Syllabus section "Due Dates for Assignments & Exams" for due date information.

Case

Keller v. Central Bank of Nigeria

United States Court of Appeals 277 F.3d 811 (6th Cir. 2002)

Prince Arthur Ossai, a government official in Nigeria, entered into a contract with Henry Keller (plaintiff), a sales representative for H.K. Enterprises, Inc., a Michigan-based manufacturer of medical equipment. They agreed that, among other things, Ossai would have an exclusive distribution right to sell H.K. products in Nigeria, which would buy $4.1 million of H.K. equipment for $6.63 million, plus a $7.65 million "licensing fee." Before the deal closed, though, Ossai demanded that $25.5 million on deposit in the Central Bank of Nigeria (CBN) be transferred into an account set up by Keller.

CBN employees charged Keller $28,950 in fees for the transaction, but the funds were never transferred. Keller and H.K. filed a suit in a federal district court against the CBN and others, asserting in part a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO). The defendants filed a motion to dismiss under the Foreign Sovereign Immunities Act. The court denied the motion, concluding that the claim fell within the FSIA's "commercial activity" exception. The defendants appealed to the U.S. Court of Appeals for the Sixth Circuit.

Justice Norris

[The defendants] claim that the illegality of the deal alleged precludes a finding that it is a commercial activity. The FSIA defines "commercial activity" as "either a regular course of commercial conduct or a particular commercial transaction or act." The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose. [W]hen a foreign government acts, not as regulator of a market, but in the manner of a private player within it, the foreign sovereign's actions are commercial within the meaning of the FSIA.

In the instant case, the conduct was a deal to license and sell medical equipment, a type of activity done by private parties and not a "market regulator" function. The district court correctly concluded that this was a commercial activity, and that any fraud and bribery involved did not render the plan non-commercial.

Defendants claim that plaintiffs cannot establish another element of the commercial activity exception, namely, that there was a direct effect in the United States. [A]n effect is "direct" if it follows as an immediate consequence of the defendant's activity.

In this case, defendants agreed to pay but failed to transmit the promised funds to an account in a Cleveland bank. Other courts have found a direct effect when a defendant agrees to pay funds to an account in the United States and then fails to do so. The district court in the instant case correctly concluded, in accord with the other [courts], that defendant's failure to pay promised funds to a Cleveland account constituted a direct effect in the United States.

Affirmed for Plaintiff.

CRITICAL THINKING ABOUT THE LAW

Context plays a vital role in any legal decision. The existence or nonexistence of certain events directly affects the court's verdict. In Case 8-4, the court applies the strictures of the FSIA to the specific facts of the case. If certain facts exist, the federal statute protects the plaintiff, and the court should appropriately reject the defendant's motion to dismiss. Otherwise, the CBN is immune, and the statute does not protect the plaintiff.

Understanding the facts is the starting point for legal analysis. The following questions encourage you to consider the significance of the facts in Case 8-4.

1. What facts are critical in the court's ruling in favor of the plaintiff? Clue: Reread the introductory paragraph.

2. Look at the facts you found. To illustrate the importance of context, which fact, if it had not been included in the case, might have resulted in the court's granting the defendant's motion to dismiss? Clue: Find the elements of the federal statute that the judge discusses and use these elements as a guide to highlight the most significant facts.

Verified Expert

since the arbitration contract, in this case, was uniformly declared to be fair to all concerned, by all courts, the decision may have to be viewed in this light. An agreement which is not so fair to the consumer might evoke a different decision, and an unfair agreement which profits only one party to the contract may be revoked as unconscionable on its own merits, regardless of the presence or otherwise of a class action waiver.

Reference no: EM131359494

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