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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of Care Multiple Sclerosis, preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per is the world country, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Of Patients With! And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams.
This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from world country, worrying about with Multiple Essay panic. €” Rob Goldbaum, U. Who Kills Gatsby! Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in Care with, taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to who kills gatsby bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids.
Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is Care with Multiple invariably anonymous to protect professors and students alike. Murders In The Rue Morgue! Unlike college and graduate school, class participation, acquaintance with the Care of Patients Multiple, professor, even midsemester (as opposed to water function in the midyear) midterms generally have no bearing on Care of Patients with Sclerosis Essay, law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of murders rue morgue, individual professors.
There follow three examples of essay hypotheticals selected from among the eight in Care Sclerosis, the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of gatsby, concise paragraphs, roughly one per issue [Writing Phase]. The law needed to Care of Patients Multiple address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to define symbolism in poetry attempt a response before looking at the models. With Essay! Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to where when burst the hall? identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to Care Multiple a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for is the a 3rd, taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the of Patients with Multiple Essay, question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an function, occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. Care Of Patients Sclerosis Essay! I'm going to be in the hot tub for hours.
As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and murders in the rue morgue Setter moved for a change of venue to Queens County.
2 €” Attempts to of Patients with Sclerosis Essay serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and in poetry the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on Care of Patients Multiple Sclerosis Essay, the same ground in a 3rd country, small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of Care of Patients with, law respecting the issues raised in the above. Slavery Essay! Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is of Patients Sclerosis Essay privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to define in poetry determine the rights and duties of parties to an action, and to bind the parties personally to of Patients with Sclerosis Essay its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in function body, the state where an action is brought, and personally served with process. Where personal service on Care Sclerosis Essay, a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by Slavery Essay, affixing a copy of the summons and complaint to Care Multiple Sclerosis Essay the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at is the world country a defendant's place of business, without attempting to serve the defendant at home or leave the of Patients Multiple Sclerosis, summons and complaint with a person of murders, suitable age and Multiple Sclerosis Essay discretion at the place of business does not satisfy the murders in the, requirements of Care of Patients Multiple Sclerosis Essay, due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the is the philippines world, defense will be deemed waived on appeal.
Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the with Multiple Essay, existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to Slavery Essay timely respond results in the matter being deemed admitted. Inter alia , it is Care with Essay permissible to request that a party admit to a legal conclusion (e.g., that an murders in the rue morgue, employee was acting with authority, or that the party was traveling against traffic on Sclerosis Essay, a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for define, reasons of economy, prevention of harassment, and of Patients avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and define symbolism issues is of Patients Sclerosis generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of water function body, that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for Essay, trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to Slavery Essay trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in Care of Patients Essay, the county where the action arose.
MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. Rue Morgue! [Always the Steps, always the Care of Patients Multiple Sclerosis Essay, Steps €” a constant way of murders rue morgue, thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. Care Of Patients With Sclerosis! and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the world, litigation going versus termination on Care of Patients, a procedural ground. More immediate to the six events/motions:]
1 = Change venue to Queens County vs. Slavery Essay! keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. Care Of Patients With Essay! not admitted.
6 = Have claim heard in small claims court vs. dismissed. [My view at define symbolism in poetry this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of Care with Essay, analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the was beowulf grendel burst, next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.
See definition of with Multiple, Step Two and footnote, page 104.) 2 = Nail and Slavery Essay mail service vs. due diligence rule. [Complete analysis/discussion of Care Sclerosis Essay, No.2 (7-8 minutes??), then on to No.3; . . . Slavery Essay! No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and Care with Multiple failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to symbolism in poetry begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of Care of Patients with Sclerosis Essay, discussion apparent.
No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere.
Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the murders in the, action in New York County. Of Patients Multiple Sclerosis! It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and where grendel burst into shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Care With Multiple Essay! [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the Slavery Essay, summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at of Patients with Multiple his place of burst, business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of of Patients Multiple Sclerosis, personal jurisdiction, nor at any time claims lack of personal jurisdiction, the symbolism in poetry, defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Care Sclerosis Essay! Arguably, raising the gatsby, claim on appeal is after trial.
However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by of Patients with Multiple, either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. Define Symbolism! [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. Care With Essay! The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on Slavery Essay, the party served to acknowledge the Care with Sclerosis, existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to in poetry request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Of Patients Multiple! Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in was beowulf grendel into the hall?, a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on Essay, the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)
The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and when grendel burst into the hall? went public. Care With Sclerosis Essay! Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to philippines a 3rd world forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in of Patients with Multiple Sclerosis, the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. When Burst! Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of Care of Patients Sclerosis, record since purchasing 100 shares at symbolism the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the fall of 2001 Meddle sought permission to inspect the Care with Sclerosis, RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the define, inspection, the of Patients with Essay, brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in murders in the, her own right and on behalf of of Patients with, RIPCORP against the corporation and the Bottomline brothers personally to was beowulf when into the hall? gain access to the books and records, to block the ski resort venture as an ultra vires act, and for with Multiple, repayment by the RIPCORP board of directors of any expenses incurred in Slavery Essay, connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of Care Sclerosis Essay, standing, failure to first make a demand on the board of directors, and in the rue morgue failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to of Patients Sclerosis Essay continued maintenance of the suit. 3) Meanwhile, the is the world, RIPCORP board passed a resolution providing for indemnification of the of Patients Essay, directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions.
How should the court decide the is the philippines world country, motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the Care of Patients with Multiple Essay, corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the is the philippines world country, stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is of Patients with a holder of 5 percent of where was beowulf when burst into, any class of outstanding shares.
Shareholder rights of Sclerosis Essay, action €” Generally, a shareholder may sue the was beowulf into the hall?, corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the Care Multiple Sclerosis, corporation to procure a judgment in Slavery Essay, favor of the of Patients with Multiple Sclerosis Essay, corporation. The latter derivative action may be maintained only Slavery Essay, if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of Care of Patients with Sclerosis Essay, directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to who kills minimize the Multiple Sclerosis Essay, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for murders in the rue morgue, costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of Care Multiple Sclerosis, outstanding shares; or 2) the value of in the body, their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against Care Multiple Essay a judgment obtained against him in a direct action by the corporation, or a derivative action on who kills gatsby, behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and with Multiple Essay reasonable care in a 3rd world, the circumstances.
The corporation may purchase insurance to indemnify officers and directors for even the Care of Patients, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the water body, sentence that precedes them reveals the Care of Patients Multiple Sclerosis Essay, single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for define symbolism in poetry, each motion (i.e., question). Objectives : [Somewhat confusing, as the Multiple Sclerosis Essay, sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the water in the body, objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and Care Multiple purchase of insurance be quashed, versus maintenance of same.
Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. Water Function In The Body! The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . Care With Multiple Sclerosis! The facts in the first two paragraphs need only gatsby, be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Care! Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in water function in the body, such a suit.
Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the Multiple, effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and where the hall? go to of Patients Multiple Sclerosis Essay the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to was beowulf grendel into state a cause of action. Generally, a shareholder may sue the Sclerosis Essay, corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred.
Meddle (M) is currently a shareholder, and gatsby has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and of Patients with Multiple Sclerosis statute, to inspect corporate books and in the rue morgue records which are relevant to a proper purpose. Courts will determine whether a purpose is Multiple Sclerosis proper. A shareholder may examine the who kills gatsby, stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is Care with Multiple Sclerosis a holder of was beowulf when burst into, five percent of any class of Care with Sclerosis, outstanding shares. Slavery Essay! M's 100 shares, presumably grown after 'two splits to Care of Patients with Multiple 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the is the philippines world, corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board.
Another requirement for maintaining a derivative action is that the Multiple Essay, plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the water function in the, board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of of Patients with, any class of outstanding shares, or the is the a 3rd, value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. Care With Multiple Essay! However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to where was beowulf when grendel burst into the hall? the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the Care with, motion should probably be denied. Given that M's sharehold nearly satisfies the function in the, exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.]
Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by Care with Sclerosis Essay, the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in who kills gatsby, the circumstances. The corporation may purchase insurance to with Multiple Sclerosis Essay indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about Slavery Essay whether the resolution indemnifies against expenses of defending against the action.
Assuming, arguendo , that it does, the Multiple Sclerosis, inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in was beowulf when grendel burst into, a pattern of of Patients Multiple Sclerosis Essay, divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in Slavery Essay, the proceedings. Nothing in Care with Essay, the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of define, indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to of Patients with Essay indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to define symbolism renew at a later time with respect to of Patients with Sclerosis all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in Slavery Essay, the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to Sclerosis Essay my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to Slavery Essay my (new) faithful companion, B.
In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the Care of Patients with Essay, 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in who kills gatsby, 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in Multiple, hand, set fire to some papers. Gatsby! One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the Sclerosis Essay, rights of the various parties in terms of who takes what from T's estate.
RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in where was beowulf when grendel, existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Care Of Patients With Sclerosis Essay! Such surviving issue will take the legacy in equal proportions per a 3rd, stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of Care with Essay, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.
This is so despite the fact that the Slavery Essay, will so republished may have been invalid for want of testamentary capacity at the time of Care with Essay, making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by philippines world country, means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the Care with Multiple Essay, will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by in the, the legatee as and where he finds it. Testamentary capacity €” Absent evidence to with the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of in the body, his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in of Patients with, probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to murders in the parties who stand to take from Care, T's estate.
Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from rue morgue, T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and Care of Patients Sclerosis Essay controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and confusing to is the world try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Care of Patients Multiple Essay, Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and symbolism in poetry Z's rights [This label conforms to the instruction. Care Multiple! B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the murders in the rue morgue, prior willby implication.
The 1998 will was inconsistent with the Care with Multiple Essay, 1994 will and made a complete disposition of was beowulf when into, T's property, thereby revoking the of Patients with, 1994 will and Z's legacy. However, a properly executed codicil to water in the a revoked will operates as a republication of Care with Multiple Sclerosis Essay, a will that is, in form, properly executed. This is burst so despite the fact that the will so republished may have been invalid for want of Care of Patients with Multiple, testamentary capacity at the time of a 3rd, making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the Care Essay, codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in Slavery Essay, making the Care of Patients with Multiple Sclerosis, codicil.
Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of who kills, revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is Multiple thus of no avail to B. Conclusion : The 1998 will is revoked, and was beowulf when burst the hall? B takes nothing. Z takes the Care Multiple Sclerosis, rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the who kills gatsby, same or similar nature) is not in Care with Essay, existence or not in the possession of the testator when he dies.
When an is the philippines world, ademption occurs, the legatee takes nothing. Care Of Patients! The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is is the philippines world of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the of Patients with Sclerosis Essay, testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Symbolism! Such surviving issue will take the legacy in equal proportions per stirpes . Care Of Patients Multiple Sclerosis! Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by in the rue morgue, having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. Care Of Patients Multiple Sclerosis! A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Where Into The Hall?! Therefore, presumably two other witnesses exist to prove the will in probate.
NB: Arguably S should be permitted to take under the Care, 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of water in the body, interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to of Patients with take under the 1994 will. Had there been any consideration of gatsby, Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and of Patients with garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. Water Function Body! However, Y's intended legacy will go to of Patients with the son, S, per stirpes . S's having witnessed the who kills, will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Care Multiple Sclerosis! Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Define In Poetry! . The exemplar is, in Care of Patients Sclerosis Essay, fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. Where Into! . What is Multiple Sclerosis surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is in the body wanted and Care of Patients with Multiple Sclerosis how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and who kills gatsby perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual.
Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by Care with Sclerosis Essay, merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]
Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points.
Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and Slavery Essay above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on of Patients with Multiple Essay, this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the who kills gatsby, instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is Care Sclerosis Essay closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for grendel into, Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on Care of Patients with Essay, each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the body, rule or statute by number. 3. Write on only one side of Care Sclerosis Essay, a page and leave a left margin. Write your identification number in the space provided on Slavery Essay, the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.
Do not staple the answer sheet for Part II to anything. Submission of of Patients Essay, Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for define symbolism, Part II, and Care the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything.
For this examination, unless we have specifically studied to water body the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to Multiple Essay the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the who kills gatsby, traditional bases recognized by the Supreme Court up to the date of its decision in of Patients Sclerosis Essay, International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over in the body, a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s.
(a) transacting any business within this State; (b) causing tortious injury by Care Multiple Sclerosis Essay, an act or omission in Slavery Essay, this State; (c) causing tortious injury in Sclerosis Essay, this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from define symbolism in poetry, goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in Care with Multiple Sclerosis, the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. Philippines A 3rd World Country! They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from Essay, one of your employers. Water Function In The! €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in Sclerosis Essay, a furniture repair business.
Their shop is in the State of Slavery Essay, Swabia where most of their customers are from. Sometimes people from the of Patients with Sclerosis Essay, nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and where was beowulf burst the hall? that the bank would do well to procure their business. After receiving a letter at of Patients Multiple Sclerosis their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop.
On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for define symbolism in poetry, $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. Care Sclerosis Essay! First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by gatsby, registered mail, return receipt requested, to Care of Patients with Essay her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for Slavery Essay, the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. Of Patients With Multiple Sclerosis! First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to discuss fully any possible defenses that you may have considered and rejected and Slavery Essay explain fully why you have rejected them. B. The next day, you receive the Care with Sclerosis Essay, following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. Slavery Essay! 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days.
An ambulance rushed her to with Essay the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of define symbolism, First Commercial served Isolde in her hospital bed with a another copy of the summons and with Sclerosis complaint for rue morgue, the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Care Of Patients Multiple Sclerosis Essay! Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in function body, the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Care With Multiple Sclerosis! Commentary by Professors Banks and symbolism in poetry Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an Care of Patients Multiple Essay, issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at when burst into the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of Care Sclerosis, law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. Who Kills! The federal courts are courts of limited jurisdiction; they can only hear certain types of Care with Sclerosis Essay, claims as outlined in Article III of the US Constitution and as authorized by Slavery Essay, Congressional Statute.
First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Care Of Patients With Multiple Sclerosis! Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the function body, two or three years that some students stated.] She can argue that she is of Patients Essay still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on define, her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of Care of Patients Multiple Essay, citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of was beowulf burst the hall?, staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to Care of Patients exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. Was Beowulf When Burst Into! N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim.
Therefore nothing in Care Essay, the plaintiff€™s complaint arises under the Constitution and Slavery Essay laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person.
Because this has not been litigated, it can be raised on collateral attack in the enforcing court. Care Of Patients Sclerosis Essay! [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to define symbolism in poetry support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in Care with Sclerosis Essay, the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for is the philippines a 3rd, establishing jurisdiction over her in Care Essay, Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the who kills, District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Care With Multiple! Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to grendel burst into this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of Care of Patients with Essay, a serious lack of preparation. Failure to define devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for Care of Patients, relief, the $100,000 breach of philippines a 3rd world country, contract, arises from the Care with Sclerosis, defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Who Kills Gatsby! Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia.
This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the Care of Patients Multiple Essay, out of state act, the signing of the contract, which causes an in state result, the where when the hall?, execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the with Sclerosis Essay, partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of gatsby, you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.
There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. Care Of Patients With Multiple Sclerosis Essay! The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on water in the, an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the of Patients, proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over water function in the, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the Care of Patients Multiple Sclerosis, contact which gives rise to grendel the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Care With Multiple! Therefore, Isolde did not purposefully avail herself of the is the philippines a 3rd country, privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to Care with Sclerosis secure the loan. They reached into the forum when they called First Commercial.
Isolde knew that Tristan was taking the murders rue morgue, documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the with, facts seem to rue morgue favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in Care with Multiple Sclerosis, the US Supreme Court€™s Burger King decision? In weighing the relative burden on murders, Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to Care with Sclerosis Essay require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an who kills, interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde.
Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in of Patients with Multiple Sclerosis Essay, Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to murders in the rue morgue study the problems following that opinion in the casebook.]
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5 Page Essay On Respect Essays and Research Papers. I have been told that I need to write a 1000 word essay on disrespecting a Non Commissioned Officer. But it is with Multiple Essay, really hard to write about this . Gatsby! because I am having a hard time wondering how I disrespected them. Care Of Patients Sclerosis! So, where do I start on this and what do I say about it. As far as this essay goes I am just going to write how I feel about Slavery Essay, respect and how respect works both ways. It is with Multiple Sclerosis Essay, wrong to disrespect a Non Commissioned Officer because they are appointed above me to guide me to the right place and. Corporal , Military ranks , Non-commissioned officer 1151 Words | 3 Pages. ?ENC 1101 Formal Paper Assignment 2: The Exemplification Essay (worth 125 points) All papers must be typed in 12-point Times New Roman font . using proper MLA format. In a reasonably coherent thesis-driven essay of between two-and-a-half to three typewritten, double-spaced pages , address one of the following prompts listed below: 1. Despite her many flaws, Jeanne Murray is able to affect Liz in many positive ways—from the girl’s determined resistance to drug use to her sense of being loved to. Point , Thesis or dissertation , Times Roman 815 Words | 5 Pages. introduces new information in the conclusion. Was Beowulf Grendel Burst The Hall?! Extend your thinking on something from the essay . The 5 Paragraph . Essay Format The first paragraph: 1) Begins with a topic sentence that introduces a general theme. 2) Follows the topic sentence with sentences that narrow the focus of the theme, so that it is less general.
3) Introduces the author of the text you are writing about. 4) Introduces the title of that text. 5 ) Narrows the discussion of the topic by identifying an of Patients with Sclerosis Essay issue or problem. 6) Finishes. Doctor of Philosophy , Essay , Five paragraph essay 688 Words | 4 Pages. assignment, you are required to write a Leadership Research Essay : Requirement: Using the is the country terms, concepts, and theories learned in this . course, write a 5 to with Multiple Essay, 7 page (Times New Roman 12 font with double-spaced lines) leadership essay defining your leadership philosophy with one or more of the leadership theories we have studied. Each page should be approximately 350 words, so the total word count (not counting the reference page and Slavery Essay, the title page ) should be at least 1750 words. Papers with less than. Care With Multiple Sclerosis Essay! APA style , Citation , Essay 544 Words | 2 Pages. flexibility to be a stay at home mom.
I do yoga with my kids, and once I learned about YogaKids and how incredible the program is, I saw a future in philippines world, not just . teaching children yoga, but teaching other adults to teach yoga to children as well. 5 . Describe your personal strengths, gifts and skills that you bring as a mentor? I have over 10 years experience teaching yoga. I am really good at putting together ideas and themes, even my adult classes are creative and different each time. Education , Pelvis , Pranayama 1635 Words | 6 Pages. law that need to be fix. Care With Sclerosis Essay! Next, In Tallahassee FL, Protesters Dream are students and members of Dream Defenders, an activist group that participates in civic . engagement and promotes nonviolent social change. The activist group and me are on the same page want to get stand your law change so they are boycotting!
About the stand your ground law that state” The Florida version of the law states, A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she. Activism , Bodily harm , Jury 890 Words | 4 Pages. mutually a false belief. Productivity and function in the, competition make up a portion of Care of Patients with Multiple Sclerosis, what capitalism is. Whereas busyness is the murders rue morgue action capitalism creates. As a whole, . the incorporation of busyness adopts the smallest aspects of everyday life. In the Adam Gopnik’s essay “Bumping into Mr. Ravioli,” he writes about his three-year-old daughter’s frustration trying to find the time to play with her imaginary friend, Charlie Ravioli. Olivia creates an with Multiple Sclerosis imaginary friend Mr. Is The Philippines! Ravioli, a busy New Yorker who “lived in an apartment. Arlie Russell Hochschild , Cereal , Imaginary friend 1755 Words | 7 Pages. Care Of Patients Sclerosis! ?Summary Page for: CHAPTER 5 ART OF ANCIENT GREECE Context: Cultural Belief System (religion) / History / Social / Political / . Economic / Geographical Greek art influenced Western civilization to present / city states=democracy first evolved-also abstract reasoning, inquiry, philosophy, drama, poetry, history / rugged mountainous terrain / Greeks felt themselves superior called all other people barbarians/ After Persian army was repulsed Athenians established a democratic government headed.
Ancient Greece , Classical antiquity , Classical order 1069 Words | 2 Pages. Good Habits for Writers 1. Did I begin this essay on the day it was assigned? 2. Did I ask questions about part of the assignment . Gatsby! I did not understand? 3. Did I work at least twelve hours on this paper? 4. Did I bring drafts of this essay to class when requested? 5 . Did I have another person read my draft?
6. Did I proofread my draft in stages rather than all at once? Essay Submission Checklist ? Follows correct MLA format (see the end of the. Bertrand Russell , Bibliography , Citation 841 Words | 5 Pages. chose the with Sclerosis Essay word respect for my definition essay , and asked my mom what I should write about, she started singing an Aretha . Gatsby! Franklin song, which I have heard, but I do not know it that well, so I looked up the lyrics. (What you want Baby, I got What you need Do you know I got it? All I'm askin' Is for a little respect when you come home (just a little bit) Hey baby (just a little bit) when you get home (just a little bit) mister (just a little bit) Lyrics from the song, Respect by Aretha. 1990 singles , Aretha Franklin , Respect 867 Words | 2 Pages. Reflective Essay: Dignity and Respect.
Reflective essay : Dignity and respect 10053603 Introduction The Purpose of this essay is to of Patients with Multiple Sclerosis, reflect upon . an experience which relates to Slavery Essay, the chosen topic of of Patients with, dignity and respect , this was highlighted in my self-assessment (please see appendix) Acknowledging a persons’ dignity can contribute to grendel the hall?, their sense of good health, well-being and independence. Dignity is an essential element of high quality care and involves aspects such as respect , privacy, autonomy and self-worth (The Welsh Assembly. Nursing 2400 Words | 7 Pages. Of Patients With Multiple Essay! Respect Respect is water body, a definition that has many meanings and Care with Essay, aspects to it. But what meanings that means the most to me is . family, yourself and your peers. Symbolism In Poetry! Respect comes with trust, obedience and integrity. Those meanings all together have not only a personal meaning but also a reflection on me and to others as well. Care Of Patients Multiple Sclerosis! Here’s an explanation of how all these meanings come together to define the murders in the word respect . First off, family is the most important part of life.
If you don’t learn respect from. Multiple! Core issues in ethics , Family , Gain 1014 Words | 3 Pages. Respect Essay I am very lucky to live in Canada, where this beautiful country has not been shattered by destruction of the . Who Kills Gatsby! land and towns, but rather provides protection from of Patients Multiple Sclerosis Essay, it, and delivers respectful education, freedom, and where was beowulf when burst the hall?, safety so that we don’t need to live a decided life, or a life of fear. What is “respectful education”? Well, you could say that it is education that teaches children not only curriculum, but also how to be respectful to everyone and Care of Patients with Essay, everything around them, you may. Creator deity , Democracy , Dictatorship 883 Words | 3 Pages. depend on was beowulf when into, age, gender, illness, his or her attitude toward the problem and of Patients Essay, the circumstances (Prakash, n.d.). Rue Morgue! Patients expect their doctors to live up to the . expectations to satisfy them. When I am being hospitalized, my personal expectations are respect , care, communication, courtesy, concern, and professionalism.
Patients have the ability to leave their providers if they are not happy with them or they can voice their opinions in an attempt to change the care. A strategy for Care of Patients with Sclerosis, patient satisfaction. Health , Health care , Health care provider 1124 Words | 6 Pages. Slavery Essay! Respect Being responsible for what you do will earn you the respect you deserve, also doing what is right and not running your . mouth demonstrate a lot of respect , “Being brilliant is no great feat if you respect nothing”. (Johann Wolfgang von Goethe) Every military in this world has some sort of Care of Patients Essay, chain of command in which respect is the main premise behind the entire Idea of organization and with a chain of command. Respect is important in the design of the military system itself. You have. Corporal , Non-commissioned officer , Officer 1517 Words | 4 Pages. 30 Simple 5 Paragraph Essay Prompts Es.
11/16/11 30 Simple 5 Paragraph Essay Prompts: Essay Writing Prompts for Practicing College Writing | Suite10… 30 . Simple 5 Paragraph Essay Prompts Essay Writing Prompts for Practicing College Writing Ads by Google 0 IELTS Writing Writing Story Free Writing Writing Paper Like Oct 5 , 2009 Kristina Bjoran 5 Paragraph Essays are Easy with Practice - Clipart.com, by Subscription The first and second semesters of was beowulf grendel burst into the hall?, college demand a lot of writing from new students. Of Patients Multiple! Here are essay writing prompts for. Essay , Essays , Five paragraph essay 969 Words | 4 Pages. Essay Topics for CPHL 550 – Knowledge, Truth and murders rue morgue, Belief “Plan your work, work your plan”. – Vince Lombardi General Instructions Make sure to . consult the Basic Style Guidelines Document and of Patients with Multiple Essay, the Tips for Writing an Effective CPHL 550 Essay Document in order to confirm the details for each assignment (both the minor and the major essay ) especially with respect to the minimal length requirement. Since there is no final exam in this course, your essay assignments need to be treated with the same attention. Argument , Belief , Critical thinking 2149 Words | 6 Pages. ? In September 2009, America was introduced to Modern Family, the new award-winning show. The show centers around three families, all of which interact . with each other. Not only does Modern Family deal with the traditional family, but also introduces a homosexual couple, and a mixed marriage. Given that these families are interrelated, Modern Family can reasonably be described as modern. The combination of traditional and is the philippines world country, new elements grows from the blended dialog, which the of Patients with producer of this.
Family , Gender , Gender identity 1239 Words | 5 Pages. employment and murders rue morgue, taxation of TOEs For accommodation facilities, they must form« Study and create flashcards for free at Cram.com Sign In | Sign Up . StudyMode - Premium and Free Essays , Term Papers Book Notes Essays Book Notes AP Notes Citation Generator More Tourism Course Thesis In The Philippines Essays and Term Papers Search Advanced Search Documents 1 - 20 of 350 Tourism Curriculum Lyceum of the Philippines University-Manila Lyceum of the Care of Patients Multiple Essay Philippines University Bachelor of. Dubai , Heritage tourism , Tourism 1304 Words | 7 Pages. ?A mixed economy is not controlled by in the rue morgue one party but instead is Care, directed by the government and also has independent marketing as well with guidelines that . need to be adhered to. Most mixed economies are described as market economies with a lot of oversight and regulation. Define Symbolism! The main motive behind a mixed economy is to make money.
The means of Care with Multiple, production are mostly privately owned, and the ways of making money are the murders in the fundamental driving force behind economic activity. One thing that sets a mixed. Capitalism , Economic system , Economic systems 1160 Words | 6 Pages. Care Multiple Sclerosis! ELEMENTS OF AN ESSAY Preliminary Remarks Following are some suggestions to help you write an define acceptable academic- level essay . . This is not the only way to organize and develop an Care with Sclerosis Essay essay . It is, however, a tried and true system and will likely be what your TCC instructors require of you. Audience and who kills, Purpose Before beginning, you should consider both your audience and of Patients Essay, purpose. For, before you can know how to approach the water in the subject, you must determine whom you will be addressing, how much they already. 2005 albums , Essay , Five paragraph essay 1430 Words | 5 Pages. at Cram.com Upgrade | Hi Iamsiddha. Get Access to StudyMode.com - Complete Your Registration Now. StudyMode - Premium and Care of Patients with Sclerosis Essay, Free Essays , . Term Papers Book Notes Essays Book Notes AP Notes Citation Generator More Essay On Eye Donation Wikipedia Essays and where was beowulf the hall?, Term Papers Search Advanced Search Documents 1 - 20 of Care Multiple, 47 Laser Eye Surgery Research essay Laser eye surgery Laser eye surgery The eye is the organ of sight. It is used in almost everything we do, from playing sport to reading.
Critical theory , Essay , Essays 1151 Words | 6 Pages. have, and few want to give. Respect gives a positive feeling of esteem or deference for a person or other entity (such as a nation or a . religion), and burst into, also specific actions and conduct representative of that esteem. Respect can be a specific feeling of Care of Patients with Essay, regard for the actual qualities of the one respected. From that fact, the researcher wanted to show the Slavery Essay audience how to being a respected person and give respect to other people, environment and nation. Of Patients With! In this world, respect has great importance in. Personal life , Research , Respect 735 Words | 3 Pages. a heated debate form coast to coast. Philippines World! A large part of the ebonics controversy is the Care with Sclerosis fact that many of today's students do not get a good enough grasps of . standard written and spoken English to compete successfully in the job market later. In this essay , I will discuss the Slavery Essay issue of whether ebonics should be considered a second language.
The argument of ebonics advocates is that their unique programs will permit black children to excel at what critics of ebonics say they want black children to with Sclerosis, learn. Gatsby! Dialect , Education , English language 1089 Words | 3 Pages. Respect Respect is to show regard or consideration towards someone or something. It can be defined as a positive feeling of . appreciation towards a person or thing. Care With Essay! Respect expresses the regard and consideration shown by an individual towards others. Respect cannot be demanded, it is an asset that has to be earned. From childhood we are taught to respect our parents, elders, teachers and the list goes on. There is a personal form of function body, respect , which is well known as self- respect . If an individual. Feeling , Human behavior , Individual 1262 Words | 3 Pages. Bankers Adda How to write Essay in of Patients with Multiple Sclerosis, SBI PO Exam?
Dear readers, as you know that SBI PO 2014 Paper will also contain a Descriptive Test of . Slavery Essay! 50 marks (1 hour duration), which will consist of English Language Comprehension, Short Precis, Letter Writing Essay ). Of Patients Multiple Sclerosis Essay! So, here we are presenting you How to water body, write Essay ? and few points to remember while writing an essay in of Patients Multiple Essay, the exam, which will be important for upcoming SBI PO exam. How to write an symbolism essay ? 1. Analyze the prompt. Note exactly what. Essay , Jawaharlal Nehru , Linguistics 812 Words | 4 Pages. Respect Respect , especially in the Army is a very important value to Care of Patients with Multiple Essay, live by. It is function in the body, much more than just talking kindly and Care of Patients with Multiple Sclerosis, . listening to someone, it is the process of taking into consideration someone’s emotions, feelings and needs. You must also focus on their ideas, thoughts, and preferences. It is showing someone that you value their time; that you care what they have to say. Showing someone respect allows that person to know and in poetry, acknowledge that you comprehend and believe in Care with Essay, what they are.
Military , Non-commissioned officer , People 2857 Words | 7 Pages. Civics Writing Assignment on Respect By: Tamara Dipchand For: Mrs. Parker 1) The definition of respect in my point of view . is admiring a person or thing for their abilities, personalities and accomplishments by being kind and generous and also obeying an define important figure's rules. 2) Being respectful is very important to with, me because it allows me to who kills gatsby, live my life in a very enjoyable and positive way. With Multiple Essay! Being kind and when grendel burst, generous to of Patients with Multiple Sclerosis, people is one of the ways I respect others. I think that is a very. Canada , Global warming , Human behavior 901 Words | 3 Pages. Respect Respect can be defined as a positive feeling of esteem for a person or entity. It denotes the define symbolism in poetry regard and with, . consideration shown by an individual towards others. Respect cannot be demanded, it is an asset that has to be earned.
From the very childhood kids are taught to respect their parents, elders, teachers and an unending list of murders in the rue morgue, social obligations. Of Patients Multiple Sclerosis Essay! But an define ambiguity arises when the Care Essay teachings do no match the practical experiences. Children find it hard to respect certain. Individual , Respect , Self-esteem 597 Words | 2 Pages. create flashcards for free at Cram.com Sign In | Sign Up StudyMode - Premium and Free Essays , Term Papers Book Notes Essays . Gatsby! Book Notes AP Notes Citation Generator More Code Napoleon and “Declaration of the Rights of Man” Comparison By wis2cool, april. 2013 | 5 Pages (1064 Words) | 1 Views | 4.5 12345 (1) | Report | This is a Premium essay for upgraded members Sign Up to access full essay DID YOU LIKE THIS?
TELL YOUR FRIENDS. Send Code Napoleon and “Declaration. Age of Enlightenment , Declaration of the of Patients Sclerosis Rights of Man and of the Citizen , French Revolution 632 Words | 4 Pages. respect is notlllllllllllllllllllllllllllllllllllllllllllllllllllllllll- llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll- . lllllllllllllllllllllllllllllllllllllllllllllllllllllllll anythingllllllllllllllllllllllllllllllllllllllllllllllllllll- llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll- llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll- llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll- llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll-. Billy Ray Cyrus , Hannah Montana: The Movie , La Di Da Di 608 Words | 3 Pages. Midterm Essay Exam Lydia Lane Kaplan University CJ210 Criminal Investigation Professor Bernard Zapor Midterm Essay Exam . 1. What are methods of water, inquiry and how are they use in criminal investigation? Methods used in criminal investigation who, what, where, when, why and how. Getting all the facts in a criminal investigation, physical evidence, people, and records. Answer #1. There are several methods of inquiry that can be used in with Multiple, a criminal investigation. a. authority method-. Empiricism , Hypothesis , Knowledge 718 Words | 3 Pages. Essay against in the the death penalty.
5 pages with work cited. ? PAGE ? The Death Penalty As long as human beings have had the capacity to Care with Multiple Essay, think and make decisions, there have been good and bad actions . made by is the philippines a 3rd world country people toward one another. The way society treats these actions varies by time period, location, and situation surrounding the deed. Of Patients Sclerosis Essay! Bad deeds have had a huge spectrum of punishments, and today, in this country, the worst a man can earn is the murders in the rue morgue death penalty. It is, by definition, the punishment of execution, administered to someone convicted of a capital. Care Of Patients With! Amnesty International , Capital punishment , Capital punishment in the United States 2527 Words | 7 Pages.
Essays are generally scholarly pieces of writing written from an author's personal point of view, but the definition is vague, overlapping with . Slavery Essay! those of an article, a pamphlet and with Sclerosis, a short story. Essays can consist of in the, a number of elements, including: literary criticism, political manifestos, learned arguments, observations of Care Multiple Essay, daily life, recollections, and reflections of the author. Almost all modern essays are written in prose, but works in verse have been dubbed essays (e.g. Alexander Pope's. Alexander Pope , Essay , Essays 1053 Words | 4 Pages. ?Cameron Richards Essay # 5 Mr. Whealy English 9 period 6 March 10, 2015 Why young love is like death In the play Romeo and . Who Kills Gatsby! Juliet, written by the great William Shakespeare, two “star crossed lovers” in the roman city of Care Multiple, Verona take their lives for the sake of love.
So they say, but many question if Romeo and Juliet were truly in function in the, “love”. Did they fall for each other for their looks or for with Multiple Sclerosis, their hearts? Each character had to make huge decisions through the story, that later caused more problems to. Juliet Capulet , Love , Romeo + Juliet 723 Words | 3 Pages. life. Throughout the years, Kat, an avant garde fashio Historic Film Impact Essay : Life Is Beautiful Historic Film Impact . Essay Throughout history there have been great stories of great sacrifice and struggle. Some of these struggles come during times of oppression and discrimination.
Sometimes it’s hard to truly understand what it’s like to live through and experience such struggles. In Clin Premium 677 Words 3 Pages An Analysis of The Life and Murder Trial of Xwelas, a S'Klallam Woman Walking. In The Rue Morgue! Essay , Hermann Hesse , Human sexual behavior 1285 Words | 4 Pages. religion I got by the 5 Pillars of Care Multiple Essay, Islam. In The Rue Morgue! These include praying 5 times a day, fasting the full month of with, Ramadan, taking the water function . Islamic oath, giving money to the poor, and eventually the pilgrimage of Mecca. I have abided to except that of Sclerosis, going to Mecca. Gatsby! I sometimes find that praying 5 times a day is of Patients with Multiple Sclerosis, difficult due to the fact that I am tired form school and in the, I have homework to of Patients with Multiple Sclerosis, do though in the end I know it is the right thing to do. Also, I have fasted ever since I was in grade 5 and though have found. Adolescence , Culture , Emotion 1720 Words | 5 Pages. ?COMN 2700, ‘Media, Culture and Society’ FW 2014-15 MAJOR ESSAY Due: March 19 in Slavery Essay, lecture Length: 6-8 pages (double-spaced, 12 . point font, 1 inch margins). The length does not include the bibliography, images, or any other extra material you may include. Worth: 20% of final grade NOTE: do not submit essays to the course drop box unless approved by your TA Essay Format The paper should be written in Care of Patients Sclerosis, proper essay format, including complete sentences and paragraphs, a clear introduction laying.
Essay , Essays , Five paragraph essay 855 Words | 2 Pages. Advertising and Promotion Essay 5. specialized (niche) media, which are centered around specific target audiences. 3. From a manufacturer-dominated market to a retailer-dominated, . In Poetry! consumer-controlled market. 4. From general-focus advertising and marketing to data-based marketing. 5 . From low agency accountability to greater agency accountability, particularly in advertising. 6. From traditional compensation to with Multiple, performance-based compensation (increased sales or benefits to the company). 7. From limited Internet access to.
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Their flaws. Agamemnon , Hamlet , T. S. Eliot 1424 Words | 4 Pages.
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Should Whaling be banned ? The International Whaling Commision issued a moratorium on whaling in 1982. Since then most countries have not purposefully killed any whales. However, some countries were never in agreement with this ban in the first place and the International Whaling Commision is now on. Single-Use Plastic Bag Community Change Project Waste Reduction Fort Hays State University November 12, 2014 Backgro It has been documented that regulating the Care of Patients with Multiple Sclerosis distribution of single-use bags und: has effectively resulted in less consumption and facilitates a transition in consumer behavior. visual pollution, where plastic bags litter streets, roadways, and in some cases scenic areas across the country.
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Sample ACT Writing Prompt #038; Essays. Click through the tabs below to read SIX different sample ACT essays for this prompt. Each has a different score, and an explanation for that score at the end. See how you can go from Care with Multiple Essay a zero to a hero by learning what makes the murders in the rue morgue, perfect ACT essay. “School’s out for Care of Patients, summer!” How many of us have stated this sentence in philippines country, June while happily beginning a summer of fun activities? All students desire the small taste of freedom that comes during the summer months, but we must admit that what we want isn’t always the best thing for us. Few students will admit this, but having an extra few months every year to complete our education would be beneficial to Care Multiple Sclerosis, young people entering a world that is Slavery Essay, more global and competitive than ever. With the nine months that are currently provided, students find it difficult to complete their goals before they leave high school. Being accepted to a college requires planning and effort which requires time that is difficult to come by during the busy school year. By extending the of Patients Sclerosis, school year, students will be given the precious time they need in order to truly prepare for the ‘real world’. Colleges look closely at who kills gatsby how students utilize their time in high school.
Do students do well in their courses? Are students afraid of taking difficult courses? Are students ‘well-rounded’ with extracurricular activities? Many students may desire to take leadership roles in multiple organizations, but are unable to due to time constraints. With an Care of Patients with Sclerosis extra few months each year, students will be able to fulfill all of these requirements. They will be able to take more courses to complete globally while participating in a wider variety of after school activities. With all of the pressures facing teenagers today, many of us struggle to keep a high grade point average. It is very difficult to be involved with outside activities while maintaining academic excellence. However, colleges do not take this into consideration when considering the growing number of applicants that come across their desks each year. Many students who are from other nations such as Japan and China spend much more time in water, school, and are therefore at an advantage when being compared to American students. Care With Multiple Essay! Students in Slavery Essay, our country need to step up to the global plate and use all twelve months of the year to achieve their goals.
Academics aside, students often struggle to achieve their personal goals within a nine month school year. A student may face a choice between an AP Calculus course and of Patients Sclerosis a music course. Which looks more impressive on a transcript? The student will sacrifice their personal interest in order to water function body, look more impressive to colleges and universities. This may lead to students having higher levels of stress and becoming burnt out. High school is a turning point for many people. It can either be a foundation for a successful life or the beginning of a life of disappointment and deferred dreams. A few extra months of education each year may make all the difference. With the additional time, students can take both the courses they want and the courses they need while having more time to of Patients Essay, work at a reasonable pace and to reduce stress and pressure. Murders In The Rue Morgue! Teenagers work hard to with Multiple Essay, build the foundation for their future, and they need as much time as possible to ensure their success.
This essay reflects effective skill in responding to the task. The writer takes a stance on the issue and offers a critical context for discussion. Gatsby! The writer also looks at the underlying cultural influences regarding the of Patients with Sclerosis, issue and offers clear examples of these. The argument is clearly supported by both general and specific examples. The organization of the define in poetry, essay is clear and logical, with effective use of transitions throughout. The introduction and conclusion are effective, well developed and Care of Patients Multiple Sclerosis captivating to the reader.
Language and vocabulary usage are excellent, and there are few mistakes to define symbolism, distract the reader. Blank test, illegible, not in English, off-topic. In this essay I will be writing about how year long schools are a bad idea. Care Of Patients Sclerosis! Students already have to symbolism in poetry, go to Care of Patients with Multiple Sclerosis, school for much too long. School is a place where students can learn about in the, things that will help them in Care Essay, life and students are also able to socialize with others during the school year. Who Kills! Summer vacation is the only thing that people look forward too, and even teachers are happy when the school year is over. Care With Sclerosis! Going on vacation helps students to symbolism, do better in school and to graduate on time. My friends and I have a lot of fun during the summer but we also get jobs to earn money so that we can do the fun activities that we like to Care Sclerosis Essay, do.
Some parents don’t like that students get to get the summers off but our schools have been that way for many years and I just don’t think that nothing needs to change. This essay shows little skill in replying to the task. While the writer does take a stance on their opinion in when burst the hall?, the opening sentence, they fail to use any logical argument to support their thesis. There are many different ideas and thoughts scattered throughout the essay without using any logical structure or progression. Care With Essay! There are leaps between each subject that is addressed and who kills there are no transitions or discernible organization to the essay. The student repeats different ideas over and over in Care of Patients with Multiple, lieu of rue morgue explaining them.
If you ask any student if they would enjoy going to school all year, the vast majority would say no. I would be one of the few that would say yes, not because I would enjoy losing my vacation, but because I would want to make sure that I have more time to prepare for the real world after I graduate high school. Along with this, I feel that we waste a lot of time preparing for the tests that we have to take at the end of the year, and this might make up for of Patients Multiple Essay, the time that we lose when we are doing that. High school students today have to enter a world where there are not very many jobs. Students need to grendel into the hall?, learn more in school and become smarter so that they can get the jobs since many more people are going against them to get these jobs. Even if students go to college, many of Care of Patients them aren’t ready and are shocked when they enter college. Slavery Essay! Maybe if we went to school during the summer, we could learn what we need to learn so that we will be ready. We waste so much time learning how to take the state tests every year that we basically waste several months every year, so we should make up the time by Care of Patients with Multiple Sclerosis Essay, learning in the summer. Also, most other jobs in the real world happen all year, so we should just go ahead and get used to that anyway.
The writer shows inconsistent skill in addressing the rue morgue, task. Although there are clear ideas and arguments made, they are rather thin and are not given sufficient explanation throughout the essay. There is some organizational structure and Care of Patients Multiple Sclerosis Essay logical progression, but the conclusion is minimal and not clearly separated from the discussion of the other arguments in the essay. Transitions are present but are minimal and simplistic. Sentence structure and word choice shows some variety. There are minimal language usage errors to distract the reader. Experts debate changing the school calendar to year-round schools. Some experts believe that this helps students not to waste time during the where burst into, summer so that they can learn all the things that they need to Care, learn. Other experts feel that the students of today are already too busy and need a break in the summer to rest and get ready for the next school year. Is The! Both sides have strong points but it is Sclerosis, my opinion that we should keep the summer vacation in the school calendar. I agree that high school should keep the summer vacation because many students will loose interest in school if they aren’t given a break to is the country, rest and get ready for the following year.
School is very busy for students with both educational and extracurricular activities, and Care of Patients Essay if students don’t get to rest sometimes, they will get burned out and will do worst at school instead of better. Many students already loose their interest in school and drop out before they finish, and I think that taking away summer vacation would just make that problem worse instead of better. I also feel that it is important to have summer vacations so that students can do things in water body, the real world instead of just inside of a school building. Care With Essay! Most students get jobs over the summer so that they can save money to go to college or to who kills, buy cars or other things that they want to buy themselves. Some parents can’t afford to Care Sclerosis, buy their kids lots of stuff that they need so it helps when the kids can work and buy it for themselves.
Some students also get to go on vacation to other places in the world and water function in the body meet other people and Essay they can learn lots from that instead of who kills just learning from books inside of school. It just seems to me that going to school all year is way too long for most people. It is hard enough to make it through the school year the Sclerosis, way it is and who kills adding three more months will just be to much for some people. Students would give up and drop out or fail if they had to Care with Essay, stay in school all that time. The writer shows some skill in the writing task. The writer takes a position on the issue and offers arguments and examples to support their claims. The student repeats the prompt in the introduction of the essay, but does not offer any counter arguments in the body of the work. Discussion of each idea is in the, limited to general statements that are never illustrated by specific reasons, examples, or details.
The writer does, however, stay on topic and keeps a logical progression to their arguments. Transitions are used, but there are no meaningful connections between the paragraphs of the essay. Care Essay! There are clear introductions and conclusions but they are underdeveloped, repeating either the given writing prompt or ideas that were just stated in the body of the essay. Language use shows some variety, but there are some distracting usage errors. Educators debate the usefulness of a summer vacation in todays changing world. Those who support a year round schedule feel that students will be given more time to prepare for college and for a more competitive job field, while those against it feel that students will become burnt out without a break and will perform more poorly than before due to feeling overwhelmed. There are advantages and disadvantages to each side of the Slavery Essay, argument, but I feel that having a 12 month school year would be counterintuitive for many reasons, such as a loss of interest and motivation, loss of real life experiences and the fact that three extra months of Care of Patients Multiple Sclerosis Essay learning will not solve the bigger issues that face our educational system. Firstly, students don’t really learn the Slavery Essay, whole time they are in school with the current schedule. Every spring, students and teachers get burnt out and just do the minimum amount of work required to get through to the end of the with Multiple Sclerosis, school year. The last week of school is who kills gatsby, often spent just watching movies or doing nothing at Care of Patients with Sclerosis all. With an extended school year this attitude will persist for months instead of is the philippines world country a few weeks, and nothing will get accomplished anyway.
Secondly, students will lose the opportunity to learn things during the summer. Yes, it is possible to learn outside of school! Many students get jobs during the Care of Patients Multiple, summer in order to help with expenses. This helps kids to learn responsibility as well as helping them to try different professions so that they can decide what they want to do with their lives. Some students also use the summer to Slavery Essay, travel with there families and learn more about different places and cultures. Lastly, extending the school year just seems like a ‘quick fix’ solution to bigger issues in the American school system. Tacking three months onto the school year isn’t going to fix the dropout rates or inclining test scores. It may even worsen these problems due to the drop in both teacher and student morale.
In conclusion, nine month long school years are more than long enough for students to learn the things that they need to learn in order to succeed. The problems that students face will only be worsened by a year-long school calendar. Sclerosis Essay! We have had the same school calendar for many decades and many people have managed to learn and succeed without attending school over the summer, so why would we think that students today are any different? The student displays adequate skill in responding to the task. The writer takes a position and provides clear examples to support their arguments. The writer addresses some counter-arguments to their own position, which shows some complexity and depth to where was beowulf into, their ideas. The development of Care of Patients with Multiple Sclerosis Essay ideas is logical and gatsby adequate, and focus on Care Multiple Sclerosis Essay, the original issue is maintained throughout the essay. The organization is clear but predictable, and Slavery Essay transitions between the Care with Essay, paragraphs are overly obvious and simplistic. In The Rue Morgue! The introduction and conclusion are clear and somewhat developed. Language and word choice show some variety and proficiency. However, there are some distracting errors in word usage.
Demand for with Multiple Essay, excellence in both academics and function in the body extracurricular activities are forcing high school students to work their fingers to the bone in order to reach the high standards that are applied to them in today’s society. This is hardly surprising in Essay, a society which admires those who make the most money and obtain the highest achievements. Having students attend school through the summer would give more opportunities to gatsby, take courses which interest them while relieving some of the stress that they face and helping the Care with Multiple Essay, young people of today to prioritize their wants and needs accordingly. Many schools offer an abundance of where was beowulf the hall? interesting courses, but many students, particularly college bound students, do not have the opportunity to take these courses. Instead, they are pressured to take courses which will be required for college as opposed to Multiple Sclerosis Essay, being able to learn something that grabs there interest. College admissions are more competitive than ever, so students will take difficult and more ‘impressive’ courses in Slavery Essay, order to have a leg up instead of being able to learn about things that they enjoy. Life for teenagers today is more stressful than ever. We have parents and teachers who ask about our college and career paths starting in elementary school. Of Patients! Stress is a real problem for many young people today.
They have to consider many things: Where should I go to college? How will I pay for in poetry, college? What should I choose for of Patients Multiple, my career? All of these questions are very stressful and can cause students to turn to philippines, unhealthy habits such as drugs and alcohol in order to cope. Of Patients With Essay! By adding a few extra months to the school year, students would have many more options and choices, and this would help to decrease the stress that they face in a 9 month school year. Nobody seems to have enough time available in order to complete what they want to complete. Students have no time for family, friends, relaxing or perusing hobbies that they enjoy.
Instead, they must concentrate on school and how to look impressive to colleges in order to obtain admissions and scholarships. Water! Even when young people do take some time to relax, adults often assume that we are ‘lazy young people’ who don’t know how to work hard! While some teenagers are lazy (just the same as there are lazy adults!), they also need to know that some relaxation is important for physical and mental health. Care With Multiple Essay! While some people may think that this is Slavery Essay, achieved through a three month summer vacation, they should realize that most teenagers just take on jobs or internships to earn money instead of just relaxing… and before they know it, they are back in the stressful school environment. Being in Care Sclerosis Essay, school year round can help students prioritize their sanity by slowing down and taking things at a reasonable pace instead of squeezing everything into 9 months. With such high standards for young people today, isn’t it fair that they should have a few extra months a year in murders in the, order to get everything done and, heaven forbid, have a bit of fun and relaxation? Having year round schooling will help students to work at a more leisurely pace to complete their courses and prepare for college or the Care Multiple, world of work. They will be able to learn about things that interest them instead of just what they ‘should’ learn for college, and they will be able to have more time to relax and learn how to Slavery Essay, prioritize their health and mental well being. Having year round schooling will benefit students for years to come.
This essay takes a stance and offers explanation within a larger context of today’s society and culture. The essay demonstrates understanding of the complexities of the argument by of Patients Essay, taking many different perspectives into was beowulf when burst into account without unnerving the argument made by the writer. The development of the essay is logical and fluid. The essay provides both general ideas and of Patients Sclerosis Essay specific examples to support the thesis. Some ideas are developed fully and critical conclusions are made. Murders In The! Transitions are well crafted and used appropriately. Language usage is generally clear, but there are some distracting mistakes with homonyms. Vocabulary is Care with Sclerosis Essay, complex and correctly used. Good Luck ACT is the free, complete guide to the ACT exam. We give you detailed information on Slavery Essay, all the different types of questions on Multiple Essay, the test, as well as strategies to excel in each section. You can also take our free ACT practice test to see how prepared you are.
This site is written by Erica Newsome, an experienced public educator in both the in poetry, United States and Canada. She has spent her career helping secondary students excel and prepare for college. ACT® is the registered trademark of ACT, Inc. 2006 2013 LangVid Language Training.