Identify the plaintiff and the defendant

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Reference no: EM131449790

CASE - Rodney McMILLAN, Plaintiff-Appellant, v. CITY OF NEW YORK, Defendant-Appellee.1

McMillan v City of New York

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, if any, following this particular case summary in the textbook--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 Lexis-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.

Case - https://caselaw.findlaw.com/us-2nd-circuit/1623631.html

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: EM131449790

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