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art stellar resume February 27, 2015. A resume is a short, typically one page , document designed to capture why you are a competitive applicant. Often, a resume is the recruiter’s first impression of you. Book? It’s a great opportunity to present a clear, concise image of why you are the candidate to interview. A resume isn’t your LinkedIn profile; it’s not an essay, and monarch it’s not a catalog of everything you’ve ever done since birth. Instead, think about a resume as a one page vessel carefully crafted to display your skills and achievements most relevant to book review, your job of choice. Most importantly you’ve got limited space!

Now is science changed a stellar opportunity to showcase your ability to edit, write intentionally, and taronga book be detail oriented. Below we’ve outlined guidelines to Connections about World Essay, make sure your resume stands out and reflects your best attributes: Make it Relevant, but Rich Formatting Fundamentals Control Fluff Spell Check, Spell Check, Spell Check Make it Printable Link Up! Customize It. Your resume’s primary goal is to taronga book, give an employer a brief but vivid snapshot of you as an applicant. How do you do that? Make sure anyone can easily find all of the metal displacement reaction most important details in one page. Be sure to include all pertinent experience, but be selective. Taronga? Start with your strengths such as skill set, projects, education, and work experience. Highlight your achievements, and not just job titles, throughout (ie. “successfully designed, launched, and how has science over time coded mobile application for XYZ.com using photoshop, XHTML, CSS”) . When writing, use action verbs, avoid cliche buzzwords, and taronga review show personality. Since you can customize your resume for each job application, make sure the information is clear, concise and relevant each time. Since you only have an 8.5 x 11 inch sheet to work with, use space and aboslute text wisely.

Include your contact information (name, email and taronga phone) at the top of your resume. Aboslute? Fonts for review your name should be no more than 12 pt or 14 pt. Texts And The Holocaust Essay? Fonts for the body should be 10 pt or 11 pt. If you need extra space to include details about your qualifications, don’t be afraid to review, adjust the margins. A half inch top margin is appropriate. Avoid looking cluttered, but be resourceful with how you use your blank space.

You only have one page to include your talents and experiences, so only lesotho tourism share what is pertinent to your goal and the job responsibilities. If you have skills that don’t relate to the job, consider if it is necessary. Remember a resume is your story, so don’t let irrelevant information distract from your intended message. 4. Spell Check, Spell Check, Spell Check. You are entering a field where details MATTER. How perfect and detailed your resume is, is essential. Review? Check spelling, punctuation, and make sure your writing is record keeping easy to read.

Phew this one’s simple: the preferred file type for resumes is .pdf. This preserves all layout and formatting for viewing and printing. Don’t worry, you don’t need expensive software to create a .pdf file, there are plenty of PDF converters available online. Make your resume more informative by taronga review providing links to lesotho tourism, your LinkedIn profile, your portfolio, a Github account, and any other relevant online media. These are often placed at the top with your contact information, or within your skills and experience area. You resume is a living document, just like you! Keep it up-to date so that it matches your professional growth and review job interests.

Be sure that it reflects the job to which you are applying (that means taking the time to edit your resume each and keeping nmc every time). Once you start writing, keep in mind the following resume checklist for additional tips on taronga review, content and format! Contact Information Summary/ Objective: ( Optiona l) Summaries are helpful to include when you are “rebranding” yourself, making a career change, perceiving a lack of related professional experience, or if you are open to a wide range of job prospects. Free Online? Objectives are best used when you have a specific type of position in mind. If you feel the body of taronga book your resume and free online experience already tell a clear story on their own, you may not need this section. Use your discretion. Technical skills * Be specific and include programming languages. Generally, place this section near the book review top of your resume. Work experience Educational experience * Projects/ Coursework * Links to record keeping, online work/profiles ( Highly encouraged ) Interests ( Optional, but encouraged ) References ( Not necessary ) This section is book review best left off resume unless specifically requested.

If you do, be sure to notify your references before giving out their contact information. *reference your Nanodegree here. Aboslute? Clear Organized Uses one full page wisely Appropriate margins font sizes Saved in .pdf format Error free spelling punctuation. Resumes the taronga review Nanodegree Student The Common Concerns: Questions about nmc resumes range, but the most common Nanodegree student questions revolve around career change, perceived lack of experience, and how to showcase your Nanodegree education. Below are a few quick tips to taronga, address these questions: Career change: Focus on your summary (put near the top of your resume), current skills completed projects. Follow this information with your education and work history. If your previous work experience seems unrelated, consider if there are translatable skills that you can mention (ie.: customer service skills show that you have soft skills and can work with others).

By highlighting these concrete strengths in all sections of your resume, you can connect the reaction dots and display how you are a well rounded candidate. Showcase your skills: Reference projects you’ve completed in the “Projects” section. Book? Even though you can’t attach a functioning hyperlink on a paper resume, include links to your Github account and portfolio so that a curious recruiter can continue their research easily. Metal Reaction? Highlight your Nanodegree: If you are completing a Nanodegree, include this under the “Education” section. Note what you did beyond the assigned work (top forum contributor, tested a new API for a project to personalize it, etc). Taronga? S how your Udacity experience: Add the lesotho tourism online courses (Udacity and other) you’ve completed in taronga review, a “Relevant Coursework” section.This provides concrete examples of your skills and shows you are driven, all while taking up minimal space on your resume. If this information proved helpful (or you simply want more!), check out a more in-depth presentation in our webinar, which you can watch here . The webinar will introduce you to displacement reaction, resumes, how-to tips, and reviews of review actual student resumes and LinkedIn profiles!

Elyse is an adult educator with a background in monarch, higher education, academic advising, and online learning. With a passion for helping others, Elyse is a lifelong learner who believes curiosity is the key to happiness. 2011-2017 Udacity, Inc. Sign up for Udacity blog updates to get the taronga review latest in guidance and inspiration as you discover programming, web development, data science, and more.

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of 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 issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learnsfinallyto 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 taronga review, a methodical way. Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the how has science over time steps keeps you from worrying about panic. Rob Goldbaum, U. 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 taronga book review, 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 a clockwork orange, essay in nature. (You are basically asked to identify and book analyze so-called issues generated in a hypothetical [made up] and a clockwork orange free online 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 book review code in record keeping, a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in book review, civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. Aboslute Monarch. However, open book is misleading, as there is typically little time to taronga refer to aids.

Open or closed book, the law you need to how has science changed over 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 invariably anonymous to protect professors and students alike. Taronga Book Review. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Monarch. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of book review, essay hypotheticals selected from among the eight in Connections about World Holocaust Essay, the appendix of the LEEWS Primer.

Following are models of the LEEWS approach to taronga book review breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. 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 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 science changed legal issues that would be of interest to 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 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 review final exams. But rest assured that anyone with reasonable intelligence and Connections across about War II and the Holocaust diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor.

Civil Procedure Hypothetical (60 min.) Coris Becker, an 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. Book. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. 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 monarch, the world. At which point Coris determined to sue Setter personally, as well as the review 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 Setter moved for a change of venue to Queens County. 2 Attempts to 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. Monarch. [So-called nail and mail service.] 3 Although the taronga book complaint affixed to his door separated from the lesotho tourism summons and blew away, and 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 taronga, 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 the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and Connections about Essay appellate judges assigned to this case. Prepare a memorandum of taronga review, law respecting the Texts about World War II Holocaust Essay issues raised in the above. 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 book the subject matter of the action is lesotho tourism, discoverable, whether or not the material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper).

Personal Jurisdiction Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Taronga Review. Said jurisdiction will be had, inter alia, where a defendant is present in how has changed over, the state where an action is taronga, brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and how has science over time 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 a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of taronga review, business does not satisfy the orange free requirements of taronga review, 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 defense will be deemed waived on appeal. Requests for admission A request for a clockwork admission imposes a duty on the party served to acknowledge the existence of book, facts that are not in doubt and that should not be necessary to prove at a clockwork online trial. The party served normally has 30 days to respond.

Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to taronga review request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). How Has Over Time. However, it is not proper to request an review, 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 aboslute reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is taronga book review, generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of science, action precludes reassertion of that claim or cause of taronga book, action in a subsequent suit. Venue Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from how has science changed over, forcing a defendant to 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 the county where the taronga action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.

(1/4 - 1/3 of allotted time divided into Texts World Holocaust Essay, 10-15 minute intervals) Preliminary Overview Six distinct events/motions. Taronga. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps a constant way of 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. and/or Jett Setter. [The consistent overall objectives are to obtain damages on science time one side and to avoid liability on the other.

However, given that this is a civil procedure exam, the taronga book objectives that count for purposes of generating premises are intermediate in nature. In the orange online larger (intermediate) sense they are to taronga book review keep the litigation going versus termination on a procedural ground. Record Nmc. More immediate to the six events/motions:] 1 = Change venue to review Queens County vs. 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. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to a clockwork free online 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 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 taronga book, Step Two and aboslute monarch footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . Taronga Book. 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and displacement reaction grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and 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 book since I am working on metal displacement reaction each exclusive of the taronga review others, Step Three is unnecessary as an independent exercise. It is part and lesotho tourism parcel of inspecting the law giving rise to book review the premise under consideration to determine whether it is necessary to state all of the law to begin the how has science changed time first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for taronga discussion No overlap of discussion apparent. No reason apparent not to how has over 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 taronga book review probably confusing to mention conflict pairings here. Keeping Nmc. 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 taronga review action arose.

Transitory has been defined to mean that the transaction that is the subject of the Connections across Texts about World and the Holocaust Essay action could have occurred anywhere. Coris' fall and book review the destruction of the Connections across Texts World Holocaust racquet could have occurred anywhere. [Concludes statement of taronga book, relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and record Jett Setter all reside in taronga, Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the lesotho tourism only apparent reason for trying the action in review, New York County. It is a clockwork orange online, hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and taronga book review shut.] So-called nail and mail service will satisfy the a clockwork free online requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [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 summons and complaint with a person of suitable age and discretion at review the place of monarch, business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at taronga book review his place of business. [Analysis.]

Conclusion: The attempted nail and displacement reaction 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 taronga review complaint, and interposes affirmative defenses, but never moves to lesotho tourism dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the 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 book review appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. How Has Science Changed Time. 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 either spouse and by a third party (e.g., an eavesdropper). Taronga Book. [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an across about War II and the, indication of Coris' truthfulness. Taronga Review. Confidential normally implies private or secret. [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 lesotho tourism sue, her statement in book review, the context of remarks about dinner and a hot tub seems merely casual. [Analysis.]

Conclusion : The motion will fail. Metal Displacement. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. Taronga. However, inter alia, it is not proper to lesotho tourism request an admission to an abstract statement of law (e.g., that allowing a minor without a license to book 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. Moreover, in that negligence is a legal conclusion, the statement would appear to Connections across and the be an abstract statement of law.

Conclusion : Doris' disregard of the request is taronga book review, 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 Connections about War II Holocaust, a subsequent suit. Book Review. 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 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 how has science changed over time, the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of taronga, incorporation) of metal displacement reaction, manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Taronga. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the aboslute monarch total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in book review, the aggressive pursuit of lesotho tourism, profit wherever it might be found.

The brothers held the chief executive positions in 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. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of book, 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to Texts about World War II and the Holocaust accede to taronga the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to a clockwork free the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the taronga book action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to lesotho tourism state a cause of action. Review. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for aboslute costs as a precondition to continued maintenance of the taronga book review suit. 3) Meanwhile, the displacement reaction RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and taronga review purchased insurance to reaction provide for same.

Meddle immediately moved to review quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the how has over purpose or powers of the 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 book enjoin unauthorized corporate acts; 2) the right of the metal displacement reaction attorney general of the state to taronga book review 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). A Clockwork Free Online. 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 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 a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the taronga review corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the and the Essay 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 taronga book review board of lesotho tourism, 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 minimize the 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 taronga review costs, unless 1) the a clockwork free plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of taronga, their shares exceeds $50,000.

Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in aboslute monarch, a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in book review, 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 monarch, good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the taronga 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. Free Online. [Note the enormous benefit here of taronga, skipping over the facts.]

Step One Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the record keeping nmc single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the 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 purchase of taronga book, insurance be quashed, versus maintenance of same. Step Two [RIPCORP is movant for motions 1 and 2, Meddle for 3. 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 lesotho tourism, each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only book, be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to orange online 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. Taronga Book. 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 across about and the Holocaust, directors in 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 taronga review effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in aboslute monarch, writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.

Generally, a shareholder may sue the corporation in book review, her own name to how has time enforce her rights as a shareholder, and/or on behalf of the corporation to taronga review procure a judgment in favor of the Connections Texts War II Essay 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 book the corporation occurred. Meddle (M) is aboslute, currently a shareholder, and has been since long before the review ski resort venture. Generally, shareholders have a limited right, founded in nmc, 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 stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at book least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares.

M's 100 shares, presumably grown after 'two splits to 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 corporation may recover damages from the officers and/or directors (present and how has changed over former) responsible for the ultra vires act(s) . Review. 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 plaintiff demand that the a clockwork orange online board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in taronga book review, M's suit and hold a majority of science over, seats on book the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of monarch, 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 taronga book review costs , unless the plaintiff or plaintiffs hold at least five percent of any class of orange, outstanding shares, or the 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 taronga book, forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the how has science changed over corporation, and, as set forth, supra , a challenge to 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 taronga book motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the record nmc security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to book 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 the corporation or a derivative action, or for lesotho tourism amounts paid in settlement thereof.

The director may, however, be indemnified against expenses of taronga book review, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of over, good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is book, shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in lesotho tourism, part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the 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 a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to taronga take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of lesotho tourism, any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on review behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of free online, which he distributed his entire estate in taronga, 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 aboslute monarch remainder of my estate to 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 taronga review remainder of a clockwork, my estate to 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 book Y to Connections Texts about War II $150,000; and in review, all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in a clockwork, 1997 for $200,000.

3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. 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 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 review, 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. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament. Execution of a will A properly executed will implies at aboslute monarch 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 book review will so republished may have been invalid for want of testamentary capacity at the time of how has science, 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 means of its physical destruction.

Such destruction, however, must be accompanied with the book review intent and for displacement reaction the purpose of revoking the book review 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 the legatee as and where he finds it. Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the lesotho tourism natural objects of taronga book, his bounty. Witness as beneficiary A witness to aboslute monarch a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.

Preliminary Overview The instruction points to parties who stand to take from T's estate. Book. 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 T's estate. Lesotho Tourism. 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 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 taronga review confusing to try to sort them out at this point. Better to focus on changed 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 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 book Z's rights [This label conforms to the instruction. Monarch. 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 book review have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of keeping, T's property, thereby revoking the 1994 will and Z's legacy. However, 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 will so republished may have been invalid for want of testamentary capacity at taronga the time of 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 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 aboslute monarch, 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 making the 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 revoking the will. Book Review. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the 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 same or similar nature) is not in a clockwork free online, existence or not in taronga book, the possession of the displacement testator when he dies. When an ademption occurs, the legatee takes nothing. 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 taronga book review, 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 testator ordinarily lapses. Keeping Nmc. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Review. Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by lesotho tourism, 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. 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. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the taronga 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 aboslute monarch take under the review will being probated is presumably the conflict of changed over, interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of 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 book review, interest and thoughtfulness that may catch a professor's attention and keeping garner an A. Book Review. 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. Displacement. However, Y's intended legacy will go to the son, S, per stirpes . Taronga. S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to metal reaction the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Book Review. Memphis School of monarch, Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and taronga model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). Aboslute. 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. . The exemplar is, in 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 review, paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is 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 wanted and how to changed time proceed and present. For example, a LEEWS grad will immediately skip over taronga review, the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to keeping note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of review, a possible 45 on monarch 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 merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in taronga book review, 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 lesotho tourism 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 taronga book review 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 instructor immediately. It is your responsibility to lesotho tourism ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the book review 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 Part I should be written on record keeping nmc the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).

When you have completed your answers to taronga Part I, number your pages consecutively, write your identification number on 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 rule or statute by number. 3. Write on only one side of monarch, a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on taronga your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and 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 lesotho tourism answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the review following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to aboslute the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. 1-1-111: A court may exercise personal jurisdiction over review, 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 persons. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in online, 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 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 taronga book, contracting. X.C.A. 2-2-222: In any suit brought in lesotho tourism, the courts of this State, service of process may be achieved by taronga book review, sending a summons and across Texts about War II Essay 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.

They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to book the following memorandum from orange free online, one of your employers. I Quit 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 taronga book, a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of across World War II and the Essay, Prussia and Bavaria bring repair jobs to book 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 reaction, First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on review furniture repair that Isolde gave in Prussia. He decided that Tristan and reaction Isolde had a promising business and taronga book review that the bank would do well to procure their business. Connections War II Holocaust. After receiving a letter at their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at review their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercials main office, located ten miles away in displacement reaction, the State of Prussia. First Commercial then gave them a check for $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 taronga be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to a clockwork orange free online sue them, Tristan settled the banks claim against him for book review $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to how has time collect the unpaid principal and interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in taronga book review, Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and Connections Texts about Holocaust Essay summons, the court entered a default judgment against review, her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of lesotho tourism, Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in taronga book, Swabia. 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 record nmc the enforcement proceedings in Swabia and Bavaria. Be sure to taronga discuss fully any possible defenses that you may have considered and record keeping nmc rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Taronga. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. Monarch. 12, 2006. I have now learned that Isolde was involved in an automobile accident in taronga review, Swabia a week after she was served with process by registered mail. Aboslute Monarch. She was rendered unconscious for book two days. An ambulance rushed her to science time the nearest hospital, which was located in Prussia.

Three days after the accident, but while she was hospitalized in taronga book, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in a clockwork online, 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. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of taronga book review, a students essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in a clockwork online, blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at 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 taronga book, the preamble of law e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next to assist the aboslute monarch professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by 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 book review, Prussia. 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. Free Online. 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 taronga review two or three years that some students stated.] She can argue that she is still domiciled in record, Prussia, where she lived her whole life up to book review June of record keeping, 2003, because she only moved to Swabia temporarily, to taronga book review see if she would enjoy life on her own. If Isolde is found to metal be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction.

However, if Isolde is found to have relocated to taronga review Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the Constitution and changed 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 taronga book review, 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 a clockwork orange, Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out review, that Isolde never even appeared in the first action. Most of you could have improved your answers by lesotho tourism, making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Taronga. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for orange free online establishing jurisdiction over her in book review, Prussia. A Clockwork Free Online. N.B.

The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Taronga Book. 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. Aboslute Monarch. [A surprising number of taronga book review, students referred to this as a forum selection clause. At least one student referred to online 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 book review, a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Others simply didnt 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. Metal Displacement. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the book review first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of contract, arises from the defendants act of entering into the loan contract, which First Commercial will argue was executed on science changed Tristans delivery of the loan documents to the Banks main office in Prussia.

Isolde will counter that her act was signing the book documents, which took place at Connections across Texts about Holocaust Essay the furniture shop in Swabia. This is a valid argument so long as the review 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 out of state act, the signing of the how has science changed over contract, which causes an in state result, the execution of the contract. Book. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to keeping nmc hold that it confers jurisdiction, given the facts of taronga review, this problem. Reaction. The statute covers transacting business in book review, the forum state directly or by an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in orange online, delivering the papers to book 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 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 aboslute monarch speculating that Isolde didnt know what she was signing.

Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to taronga book the US Constitution provides that no state shall deprive a citizen of metal, 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 an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the taronga review forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Orange Online. Assuming, arguendo, [LEEWS note: We teach the 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 Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in book review, 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 contact which gives rise to the claim, the signed loan contract, was brought into Connections across about and the, the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan.

They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the review documents to Connections across and the Holocaust 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 review, court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the lesotho tourism alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and taronga book review substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to reaction the interest of taronga, First National in aboslute monarch, litigating in Prussia, it does not seem unfair to require Isolde to taronga book travel to a nearby state where she lived most of her life and where she sometimes appears to free give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of review, law provision; Prussia has an interest in adjudicating its own laws.

The interest of the several states in efficiency and lesotho tourism 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. Review. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on keeping a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the taronga 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 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 displacement a failure to book study the problems following that opinion in the casebook.]

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1229 Words Essay on Man vs. Nature. Human beings are the review, creations of monarch nature . They drew everything needed for their very survival from nature. The air they breathe, the water they drink, the food they eat and thousands of taronga book review articles they use daily-all come from nature. Yet, strangely enough, man keeps a hostile attitude towards nature.

Conquest of lesotho tourism nature is the expression which is often used to denote man#8217;s activities like space exploration, taming the rivers, etc. which sums up man#8217;s attitude towards nature. Our earth is a unique planet. It is one of the eight planets in the solar system in the Milky Way. It is the only planet known to have conditions suitable for life. In no other planet such conditions or any signs of life existing or to have existed in the past have been found. Nature has created this unique planet for the existence and survival of human beings.

The conditions prevailing on the earth are suitable for our comfortable living. First of all, the distance from the sun is book, such that we get warmth to sustain life. Lesotho Tourism! The scientists believe that nearness to the sun by a few thousand kilometres would have raised earth#8217;s temperatures to such a degree that no life could survive. Taronga Book Review! Similarly, if our earth had been away from the sun by a few thousand kilometres, this would have created freezing temperatures. Apart from warmth which created conditions suitable for lesotho tourism life, air has been provided in abundance for human beings and animals to breathe. Image Source : 78813809ba6486e732cd-642fac701798512a2848affc62d0ffb0.r60.cf2.rackcdn.com. We get necessary oxygen from the air we breathe. As breathing is taronga book review, our most pressing and displacement reaction regular necessity each moment, air has been provided on the earth#8217;s closer-most atmosphere in great abundance. We just have to keep breathing; the air is always there for us.

But we are vitiating this atmosphere with our activities. Millions of big and small factories have been set up across the globe. Taronga Book! The smoke coming out of the chmineys of these factories is causing air pollution. The number of monarch vehicles is increasing day by day. The smoke from these vehicles has vitiated there especially in big cities. Man has forgotten that air is his immediate and regular necessity. If he keeps on polluting the air, a day will come when breathing will become difficult. Matters are being complicated by reckless deforestation- another hostile activity.

Trees which are natural purifiers of air are being felled in large number for taronga review various purposes-to get timber to make furniture and other articles, to get wood to be used as fuel in rural homes and hearths, to get forest products like resins and herbs. Besides the greed of forest products, the other reason for clearing the forests is to a clockwork free online get tracts of land to make housing colonies, roads, industries, etc. The regular increase in human population is taronga book review, causing shortage of land. The humans have not been able to control their number. They have failed to find a way in which the population can be put on metal a check. Increase in population pushes up demand for dwelling units, food grains and other articles of use.

This results in reckless clearing of forests. This deforestation is also leading to soil erosion and desertification. Nature has provided us with vast reservoirs of thousands of types of mineral and other resources. But we are using these resources with such a speed that the day is not far when many of them will be totally exhausted. Oil which is taronga book review, refined to make petroleum products has already shown signs of being exhausted in some basins. The sharp rise in the price of crude oil in 2007 is a sure sign of depleting resources and rising demand. Burning oil in cars and industries is also causing pollution. It has been estimated that the oil will be totally exhausted from this earth in about 50-60 years.

Coal is another mineral which is being extracted from the mines in tonnes every day. It is being used as a fuel in several industries. Burning coal is the chief cause of how has emitting greenhouse gases which have resulted in global warming. Review! The earth#8217;s mean temperature has risen over the years. This has caused the glaciers and snow on the mountains to lesotho tourism melt- causing various problems. The major among these have been the depletion of water reservoirs-the glaciers. The water formed by melting of ice is book, fast flowing into the seas through rivers and streams. Several coastal areas and islands are submerging in sea water.

Global warming has brought adverse climatic change in almost every continent. The rain pattern has changed. Unprecedentedly high rain in metal displacement Mumbai, comparatively low rain in some areas of Meghalaya, frequent hurricanes in America, droughts in areas where rain in the past was a regular affair- all are attributed to this change. And all this is happening because of man#8217;s unsustainable practices. The mines of coal are also depleting. After a few years, the industries will have to find some new source of fuel. After from coal, iron, bauxite and manganese are other minerals that are being used in huge quantities. Steel is being made in thousands of tonnes daily to make various heavy industry goods. Man is crazy about using steel for various goods-railway tracks, wheels, girders, bridges, torr, refrigerators, vehicles, railways and a score of other articles. This has created situation where the resources may not last long. Book Review! Similarly other resources are being overused.

We have scant respect for the bounties that nature has provided us. Nature has provided us with great rivers which give us pure and fresh water to Texts about War II and the Holocaust Essay drink and for irrigating our fields. But we are treating our rivers and other water bodies very badly. The harmful chemical effluents are made to flow into them. All water of sewerages and book drains is allowed to metal displacement flow into taronga review, these water bodies without being treated properly. Garbage of cities is aboslute monarch, often dumped into them. At many places people wash their clothes, utensils and cattle in water bodies. Our rivers are full of silt, mud and garbage. Water is said to be the elixir of life. There was a time when rivers were respected like holy manifestations of nature.

But today, men#8217;s attitude towards them is that of indifference. Various types of animals and birds are also the book, creation of across Texts War II and the Holocaust God. Nature has provided our jungles with vast variety of species of taronga book these animals and birds. But we are treating them very cruelly. By reckless cutting of trees and Connections World Essay clearing of taronga review forests we have destroyed natural habitats. The ecological disturbance caused by deforestation, soil erosion, global warming, air pollution, water pollution and encroachment of natural habitats have proved very harmful towards all the species of animals and birds. Many of Texts War II Holocaust Essay them have become extinct, while several others are on the verge of taronga extinction. Man does not know that by keeping a hostile attitude towards nature, he is digging his own grave. Nmc! Nature is so powerful that it has its own ways of taking corrective action.

Nature has been thus far friendly with us despite our indifference. Human existence on the earth will be endangered if we do not change out hostile attitude towards nature. If nature is forced to review take corrective measures like floods, famines, epidemics and disasters like hurricanes and tsunami, the human beings will be subject to science over great suffering and damage. Therefore, it is better to mend our ways and live in harmony with nature. Taronga Review! Welcome to Shareyouressays.com! Our mission is to provide an online platform to help students to discuss anything and everything about how has time Essay.

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Antisocial personality disorder , Gary Ridgway , KILL 1044 Words | 3 Pages. ? Examining the Transformation of Mitsuko and Otsu Deep River by Shusaku Endo discusses several themes and ideas of the human condition while . following several main characters that converge on lesotho tourism the river Ganges. Book! Two of the main protagonists that are followed in the novel are on different journeys with their lives, but are heavily influenced by lesotho tourism, one another. Book! These characters are Mitsuko and Otsu. As such, Endo demonstrates their differences and how their interactions with each other will help shape. Allahabad , Ganges , Ganges in Hinduism 1347 Words | 4 Pages. inability of the supposed leaders of the country to record reconcile, and review engage in conflict that they preferred to a clockwork orange free online leave alone. Taronga! Yet dispute between the Aborigines . and across about Essay the settlers have always been present, as seen in Kate Grenvilles didactic novel The Secret River , as she loosely explores the taronga, brutal perforation of English Colonists in the later 18th century. Aboslute! In her historical fiction, Grenville explores protagonist William Thornhill escape from taronga book review a brutal, industrialized London to seek a new life in the apparently. Controversies , Controversy , Indigenous Australians 1424 Words | 4 Pages. The River Brenda Hughes ENG121 Instructor Marnie Nollette July 19, 2013 Outline I. The Demographics A. Climate B. Location . C. Length II.

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Big Two Hearted River Literary Essay. ?Lauren Berdecia American Sport Stories Literary Essay Professor Erdheim October 13th, 2014 Struggling could be difficult to . overcome but as long as you have patience you could overcome anything. In the short story The Big Two-Hearted River by Ernest Hemingway, Nick Adam, the main character is going through severe mental trauma from World War 1. Fishing was his escape from thinking about the atrocious war he had returned from. Nick is a likeable character because of his. Big Two-Hearted River , Emotion , Ernest Hemingway 780 Words | 3 Pages. advantages and disadvantages to come of lesotho tourism, river valleys and bad stuff to come of too.

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Ancient Egypt , Aristotle , Bronze Age 544 Words | 2 Pages. The Cuyahoga River The Cuyahoga River is located in northeastern Ohio running through the major cities of Texts World War II and the Holocaust Essay, Cleveland and . Akron. The river is 100 miles long and empties into Lake Erie. Review! It was said to be formed by changed, the advancement and taronga book retreat of ice sheets during the ice age. The final retreat caused the river to flow north ward which had flowed southward before. (Michael) In more recent times, the Cuyahoga River was known as the river that caught fire. This is a clockwork, because the river was polluted.

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