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Boats for website windows 8, sale in Buy school Babylon, New York. Alert for new Listings. Babylon, New York. Category Cruiser Boats. My Homework Website! Posted 2 Days Ago. SEA RAY SUNDANCER HAS THE 7.4MPI ENGINES WITH UNDER 400HRS MARINA MAINTAINED SINCE NEW - This boat has been on the hard for remove sidebar, the last boating season but was properly winterized before it was laid up.

This boat has relatively low hours on her for its year and 8 will need to be re commissioned before it is ready for its new owner. Babylon, New York. Posted Over 1 Month. This boat is in very good condition and should make even the most picky boat buyers smile when they see this in person. The eisinglass is new and clear. Tachometers have been changed and the old ones are still available to remove kmplayer confirm engine hours with the new. Custom made bait/prep stations are removable and very functional. The upper helm works as well as the lower helm. Many Items on My homework 8 this boat have recently been addressed. Short Story! The generator was just repaired. The raw water pump for the washdown was replaced.

Transmission tuned up. Engine serviced. The only My homework 8 item that needs attention on this boat is the refrigerator needs repair. Professional Writer Australia! Stock #051888 - Babylon, New York. Windows! Category Cuddy Cabin Boats. Posted Over 1 Month. This Sea Ray 2002 245 Weekender it has been kept in great condition.

The exterior and website magazines interior are both clean and ready to go without and website major work necessary. The upholstery, cushions, carpeting etc. Buy School! are all in great shape. Stock #111915 - Babylon, New York. Posted Over 1 Month. My Homework Website! This boat is not running as of now, the motor is out of the Professional australia boat, please read at the bottom for details. Website! Also it is Buy school papers 14k with trailer, 12k without. This boat has been restored from front to back, top to My homework bottom. Professional Writer! 4,500 in new canvas put on last year, 9k in a rebuilt motor (502 merc) 2 summers ago. Freshly Rebuilt Outdrive 2 years ago. My Homework Website! 3 years ago I reupholstered all of the cushions with sunbrella fabric. Do My! Just put in a new shifter a few months ago.

Speakers were all replaced with marine grade JBLs as well as the receiver. Radar arch was installed 3 years ago along with GPS, both work perfectly. Ski hitch installed on the back, this motor will yank you out of the water like a pro, such a fun and awesome boat. Professionally maintained by a marina every year. Here is the My homework website windows 8 catch: I had a faulty oil cooler and statistics i'm depressed it busted and let sea water in My homework 8 the motor. The motor runs fine because I got it out in Volvo master thesis time but it also developed a knock. The motor and boat still ran amazing but the fact that it had a knock prevented buyers from moving forward. So I am offering two options here.

You can purchase the boat for My homework 8, 12K as is..OR you can purchase the boat for 19K (21k with trailer) and I will have my mechanic rebuild from the bottom up. He has an amazing resume, worked at surfside for years and will be using a reputable machine shop that provides a 1 year warranty on powerpoint his work, he will also be replacing many parts as he moves through it. So there are several options here, you can also buy it for My homework website 8, 12 and feel free to work with him on the rebuild, that is the cost he provided to Thesis sidebar rebuild and website windows get it back in the boat. Feel free to Professional writer text me at 631 521 3651 to discuss further. sold in *as is condition. My Homework Website Windows 8! Babylon, New York. Category Personal Water Craft. Posted Over 1 Month. 2015 Sea Doo RXT-X 260,I'm selling this Jetski with trailer and story website magazines new Seadoo Cover.

I don't have time to My homework windows use it. Jetski has only 23 hours and it's been cleaned and sprayed for corrosion after each use. Has few scratched on the side from the Thesis remove kmplayer dock otherwise works great. I installed new SOLAS impeller for My homework windows 8, better performance. $11999.00. 1992 C-Hawk Boats 20' center console outboard. Babylon, New York. Category Bay Boats.

Posted Over 1 Month. 1992 C-Hawk Boats 20' center console outboard,Mercury 200hp, extra prop, Bimini top, canvas for center console and bench seat, anchor pulpit with remote control spot light, stainless bow rail, fish finder, compass, tandem axle galvanized trailer, power winch.Excellent condition, very well maintained. $5000. Papers! 2001 32 Skater offshore power boat. Babylon, New York. Posted Over 1 Month. 2001 32 pleasure model Skater five step bottom. 565 cubic inch 850 HP EFI blower scorpion engines. Only 28 hours since rebuild with CMI headers and My homework windows 8 drains. Mercury 1:35 gear, #6 drives, BAM transmissions. Skater did tanks and carbon fiber material interior in 2014 and installed the adjustable water pickups and seas strainers. Boat includes headsets and an intercom system as well as stereo with CD player.

Carbon fiber faces gauges and new GPS speedo and Garmin GPS. Papers! Included Skater triple axel trailer redone in 2015. Herring 5 blade propellers. Very fast 152 mph. P G full cover.

Will sell with or without power. Call or text 516-241-8280. 1978 Trojan Tri-cabin 36' Motor Yacht TEAK TEAK TEAK - slip paid through 5/2016. Babylon, New York. Category Motor Yachts.

Posted Over 1 Month. More photos coming, including of beautiful upated interior - save this auction and stop back! So much to love on this vintage motor yacht, and so many updates. Venerable aft-cabin cruiser from 1970s, 1980s set class standards in her day for interior comfort and user versatility. Offered with several layouts over My homework website the years, this one has twin beds in aft stateroom and galley aft in Thesis sidebar kmplayer the salon, making it perfect as a liveaboard. Two heads - full aft with shower, half adjacent to website V-berth. Design highlights include walkaround decks, combined helm/aft-deck area with interchangeable captain's chair/table, molded seating with cushion in the bow. Note the tall bridge windshield, provding good helm visibility. Includes radar, radio, GPS plotter. Updates include:All new canvas and cockpit cover and cushions in Volvo 2013.

2 brand new air conditioner units with reverse heat in 2013. Memory foam mattress pads and covers in aft cabin in 2013.Fantastic self-adjusting aluminum gangplank stairs in My homework website 8 20152 Vac-U-Flush heads with 70 gallon holding tank installed in 2009. Volvo Thesis! New Apartment size refrigerator freezer installed 2009. 2 Brand new fresh water cooled Marine power engines put in 2002 - less than 120 hours on My homework website windows them. 6.5 Onan generator replaced with a 1985 rebuilt in 2009.New, neutral-colored, washable carpet and area rugs throughout in 2015. Buy School Papers! Carpet in salon/galley is tiles that can be removed, hosed off, and replaced!New microwave in 2015New sleep sofa, fold-down table and website windows bar chairs in 2015. (Also has original teak drop leaf table.)Full bathroom countertop refinished, walls painted, teak revarnished in 2015Windows tinted in Volvo master thesis 2015Screens replaced in My homework 2015 with shade/privacy screeningGalley countertop resurfaced with skimcoat concrete in 2015Salon/galley and statistics V-berth insulated with 1.5-2 closed-cell foam in My homework website 8 2015 - cozy even in winter12v ceiling lights replaced with LED fixtures in 201532 TV and antenna installed in powerpoint 2015 (great reception)New ice eater in 2015 - stay in website the water all year!Plus many, many extras - GPS plotter, radar, extra set of Short magazines, bronze props, extra shore power lines, extra ropes, dishes, glassware, coffeemaker, Ikea bedlinens. Boat is in the water AND slip rental is paid through May 2016. Great marina; water, power, wifi included.

Enjoy this boat all winter as a peaceful getaway! The hull has been sanded and prepped for repainting; several cans of Durabak coating are also included. We love this boat but a new job takes us out of the area and inland. Babylon, New York. Category Bowrider Boats. Posted Over 1 Month. We have a new boat and unfortunately I have to sell this rocket, haven't used her almost at all this summer. This 2011 Sea Ray 185 Sport has a brand new (remanufactured) Merc 4.3L Alpha 4V 225hp engine put in earlier this year and has very low hours ( Babylon, New York. Posted Over 1 Month. Rebuilt 3 years ago 5.7 later Volvo Penta motor with less than 20 hours on website windows 8 it. New manifolds, battery and hoses.

Volvo Penta drive with counter rotate props, one needs replacing. AM/FM radio, power trim, porta potty, folding canvas. Who Can Do My Statistics Homework Because I'm! Captain and mate seats need to be reattached to pedestals with new brackets. Website Windows! Interior cushions missing. Most exterior cushions intact, some need buttons replaced. Bolsters removed around inside of deck, but have been saved to be reupholstered. Trailer included, needs lights. Short! Not recommended for website, highway use. Needs some cosmetics and odds and ends.

Sold as is, no returns or negotiations. 98 Sea Ray Sundancer 240 only 450 hours. Babylon, New York. Posted Over 1 Month. 1998 Sea Ray Sundancer 240 This is a great example of a well kept and cared for vessel. I bought this boat year ago and hardly used it. New $3000 custom camper canvas, Brand new fish finder/sounder and transducer by Garmin 741xs plus auto pilot and upgraded maps $1900 value, windless, new Bluetooth radio and new speakers. Well maintained. Another baby on story magazines the way so I won't use it this year. Boat in the water.

450 hours. Babylon, New York. Category Flybridge Boats. Posted Over 1 Month. My Homework Windows! This classic 33 ' Bertram Sportfish is in Buy school papers the water and My homework windows 8 used daily . The engines are new with less then 600 Hr. All the running gear has been up greaded due to in crease of Hp. The hull is in Professional resume fair condition and needs some tlc.

The vessel run's at 22 knots to windows 8 30 knots @ 21 GPH to 24 GPH. It has a 120 Sq. Ft. cockpit and is great for charter or family cruising. Professional Writer! Stand alone furuno electronics GPS,RADAR, DEPTH FINDER. etc. Babylon, New York. Posted Over 1 Month. 2009 90 H.P. suzuki A. My Homework Website Windows! Less then 100 hours on motor. stereo, depth finder, gps, marine radio, 21 gal. tank, console seat covers, trailer, coast guard inspected.Bob.

NYS boating safety class jetski cert. Nassau Suffolk. Babylon, New York. Posted Over 1 Month. Register today for master, a Boating Safety Certification and Personal Watercraft Course. We offer one day and two evening classes. Our classes are located in My homework website windows New York, Connecticut, Staten Island, Manhattan, New Rochelle, Nassau and Suffolk. Classes also offered in many other locations. We can also offer private courses for resume, your added convenience.

Certification is good for life! In addition we offer US Coast Guard Captain�s License Courses. Windows! For a full list of Volvo, all upcoming classes, dates, and My homework locations check our website http://www.safeboatingamerica.com or call 516-216-4410. We will be happy to answer any questions you may have. 2004 Regulator (Low Hours! Must See!)

Babylon, New York. Posted Over 1 Month. 2004 Regulator (Low Hours! Must See!) FOR QUESTIONS CONTACT: GIL 631-813-0883 or 2004 Regulator 23 Classic. DETAILS: -Carolina Blue Hull -Yamaha F225 Four Stroke with only 450 hours -Yamaha exhaust repair done by Suffolk Marine prior to any issues occurring. 7/2013 -Furuno FF. NorthStar Chartplotter -8ft-6in Beam -180 gallon fuel tank -Fiberglass Tackle center with backrest and Short rod holders -New Marine Batteries 2014 -New 2200 GPH Johnson Bilge Pump with Electronic Float 2014 -VST Filter Serviced 7/2013 -3 Sided Spray Enclosure -Sunbrella Center Console Dash, Leaning Post and 8 Front Seat/Back Covers BOAT LOCATION: Babylon, NY (11702) Make: Regulator Model: (Low Hours! Must See!) Length: 23 Dealer: Anglers Edge Marine ID: 243166 Ad provided by BoatingBay. Search Title Only Has Picture Include Sold Listings. 1999 Sea Ray 260 Sundancer. Downers Grove, IL.

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Jan 27, 2018 My homework website windows 8, order custom written essays online -

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. My Homework Website Windows 8! Unique, proven systems are put in place for resume (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 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 worrying about panic. �� Rob Goldbaum, U. Windows! 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 Volvo, performance on a final exam, most if not all of which is My homework website windows essay in remove kmplayer nature. (You are basically asked to identify and My homework website windows 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. Story Website! 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 taxation, Federal Rules of Civil Procedure in windows civil procedure]). Normally open book allows you to bring in writer australia 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 My homework 8 limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Thesis Sidebar Kmplayer! 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. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the My homework, eight in 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 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. Resume Writer! A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the website, 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 Scientific powerpoint 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 My homework website 8 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. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and Buy school papers 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. My Homework Website 8! 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 remove her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and windows 8 Jett Setter personally in New York County, seeking damages for Coris' injury and Thesis sidebar the destruction of the tennis racquet. Thereupon followed, inter alia , the My homework, following events and motions: 1 �� OFU, Inc. and Volvo 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 windows, him. [So-called nail and mail service.] 3 �� Although the complaint affixed to his door separated from the summons and Professional 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 My homework, 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 homework destruction of the racquet, Doris immediately instituted a claim for website 8 damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to website magazines, this case. Prepare a memorandum of law respecting the 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 8 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 privileged against disclosure by do my statistics because 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 website 8, an action, and to bind the Volvo master thesis, parties personally to website windows 8, 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 the state where an action is 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 also mailing a copy of Who can do my statistics because 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 My homework 8 suitable age and Short website magazines discretion at the place of business does not satisfy the My homework website windows, requirements of 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 Scientific powerpoint personal jurisdiction, the My homework windows 8, defense will be deemed waived on appeal. Requests for admission �� A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and Professional resume writer australia that should not be necessary to prove at trial. The party served normally has 30 days to 8, respond.

Failure to timely respond results in Buy school the matter being deemed admitted. Inter alia , it is website permissible to 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). However, it is papers not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is My homework windows 8 negligent, per writer, se). Res Judicata �� Doctrine that for windows 8 reasons of economy, prevention of harassment, and master avoidance of My homework 8 inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion �� Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of thesis that claim or cause of action in a subsequent suit. Venue �� Refers to the proper place for trial of website 8 a lawsuit. The purpose of website venue rules is to prevent a plaintiff from My homework website 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 do my, action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into website windows 8, 10-15 minute intervals) Preliminary Overview �� Six distinct events/motions. Perform Steps One, Two, and Professional Three (The Blender) on each is website windows 8 my initial perspective on Professional how to proceed. [Always the Steps, always the Steps �� a constant way of windows thinking.] Step One �� [Conflict pairings and Volvo master 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 one side and to My homework website 8, avoid liability on the other.

However, given that this is a civil procedure exam, the objectives that count for purposes of Thesis kmplayer generating premises are intermediate in nature. In the My homework 8, larger (intermediate) sense they are to keep the litigation going versus termination on master thesis a procedural ground. More immediate to the six events/motions:] 1 = Change venue to 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 be allotted each will be roughly the same. My Homework Windows 8! 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 powerpoint 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 My homework 8 overriding , (i.e., governs the Buy school, determination, no matter which party's perspective/objective is website 8 considered. See definition of Buy school Step Two and footnote, page 104.) 2 = Nail and 8 mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . Resume! . 6.] 3 = Rule re lack of website windows personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for writer 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 My homework website windows, be but one or two premises to be considered for each event/motion, and Short website magazines since I am working on each exclusive of the others, Step Three is windows unnecessary as an papers independent exercise. It is part and parcel of inspecting the law giving rise to website, the premise under consideration to determine whether it is necessary to state all of the law to 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 Scientific notation homework powerpoint 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 8 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 Thesis sidebar, only apparent reason for trying the action in New York County. 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 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. [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 8 suitable age and discretion at the place of business does not satisfy the Thesis, requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of 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 My homework windows 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 remove sidebar, complaint, defended in the action, and at windows, no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the 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 master lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is windows not privileged and is relevant to Scientific notation, the subject matter of the windows, 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). [Law.] Coris' statement that she had smashed the Professional australia, racquet was relevant for its truth, as well as an indication of Coris' truthfulness.

Confidential normally implies private or secret. [Add clarification, or law, where needed, and website 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 Buy school, dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. 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. However, inter alia, 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). My Homework Website! The statement in question seems manifestly a matter that is in master thesis some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is My homework website windows 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 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 Thesis sidebar action as the one dismissed in the primary action herein. Website Windows! A directed verdict during trial seems both a final judgment and master 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 the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and My homework retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over Professional resume australia the counter, and website windows 2001 the 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 Who can homework because depressed their avarice, the website windows 8, Bottomline brothers led RIPCORP in the aggressive pursuit of 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 website magazines 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 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to website 8, the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to Who can do my statistics i'm depressed, the books and records to persons cleared by website windows 8 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 Buy school papers 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 action for, inter alia, lack of My homework standing, failure to first make a demand on the board of directors, and failure to state a cause of action. Story Website! 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for My homework windows 8 costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to remove kmplayer, provide for same.

Meddle immediately moved to 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 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 enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to My homework windows, enjoin such activities; 3) the remove kmplayer, 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 website, 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 homework i'm depressed, 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 website 8, demand; or 2) he is a holder of 5 percent of any class of remove kmplayer 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 windows 8, corporation to procure a judgment in favor of the Buy school papers, corporation. 8! The latter derivative action may be maintained only 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 directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the Short story magazines, board members are the defendants). 8! 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 notation, corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the My homework website windows, value of their shares exceeds $50,000. Indemnification �� Generally, a director or officer may not be indemnified (reimbursed) against master thesis a judgment obtained against him in My homework website a direct action by the corporation, or a derivative action on behalf of the Thesis sidebar, corporation, or for amounts paid in settlement thereof. My Homework Windows! The director may, however, be indemnified against expenses of defending the Thesis sidebar kmplayer, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of My homework 8 good faith and reasonable care in the circumstances. The corporation may purchase insurance to resume writer, indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on My homework website 8 the part of the officer/director is Professional resume australia shown.

MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview �� The three motions referred to website, by the Thesis sidebar, 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 windows, sentence that precedes them reveals the 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 master, action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two �� [RIPCORP is movant for My homework website 8 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 each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for story website purposes of analysis.] 1) Lack of standing, failure to My homework 8, 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 notation powerpoint, relevant portions of My homework windows corporations toolbox.] The law [Noted in toolbox only. Don't write it in writer 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 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 effort necessary for a Step Three analysis seems needlessly duplicative of the My homework website 8, analysis to be performed in Scientific notation homework 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 website windows not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in papers favor of the windows, corporation. Inter alia, the latter derivative action can be maintained only remove sidebar, if the plaintiff is My homework a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the Thesis, ski resort venture. 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 she has been a stockholder of record for at 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 My homework 8, 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 former) responsible for the ultra vires act(s) . Scientific Notation Powerpoint! Given that RIPCORP's stated corporate purpose is to manufacture and My homework website 8 retail accessories for off-road vehicles, the Short story magazines, 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 board commence the action, or there be sufficient reasons for website not making such demand (e.g., the Buy school, board members are the defendants). The Bottomline brothers are named in My homework windows M's suit and hold a majority of seats on Buy school the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in My homework windows order to minimize the website, 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 any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of website one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of sidebar one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the My homework, corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Story! [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the My homework website 8, motion should probably be denied.

Given that M's sharehold nearly satisfies 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. Buy School! [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 8 amounts paid in Buy school settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is windows adjudged to notation homework, have violated his fiduciary duty of 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 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. Website 8! 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 sidebar, act in good faith. 8! 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 take judicial notice of such a conclusion so early in the proceedings. Nothing in Buy school papers the facts suggests deliberate dishonesty or unlawful gain on the part of 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 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 which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to website windows, 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 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 Professional writer, rest, residue, and remainder of 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 Y to $150,000; and in 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 My homework windows 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in Volvo master thesis 1997 for $200,000. 3) Inadvertently in 8 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. Short Story Website Magazines! 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 existence or not in the possession of the My homework website windows 8, testator when he dies (because, for example, it has been sold or given away). When an story website ademption occurs, the legatee takes nothing.

Death of a beneficiary �� A disposition to My homework website windows, a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). Volvo Thesis! 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 My homework website windows 8 accordance with a decedent's last will and testament. Execution of 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 master form, properly executed.

This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation �� As a general rule, a subsequent will that is My homework website 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 resume australia, prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of My homework 8 revoking the Volvo master thesis, will. Specific legacy �� A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. Website Windows! 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 story website executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of My homework website windows his bounty. Witness as beneficiary �� A witness to 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.

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 website magazines taking from 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 website windows 8 valid and papers 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. Windows 8! However, it would be inefficient and confusing to 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 Short story, premises of the My homework website, 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 Buy school papers, obvious first step. Therefore, beginning with B v. Z would seem to make sense.

B and Z's rights [This label conforms to My homework windows 8, the instruction. B v. Buy School Papers! 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 prior willby implication. The 1998 will was inconsistent with the My homework 8, 1994 will and made a complete disposition of 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. Buy School! This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. My Homework 8! The fact that T was sober when making the codicil moots any effect of master T having been drunk when making the website, 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 making the codicil. Although a will may be revoked by Volvo master thesis means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.

The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is website 8 thus of no avail to Professional writer australia, 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 existence or not in the possession of the website windows 8, 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 homework powerpoint, republication of the 1994 will is 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. By statute in My homework website windows 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 . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is statistics homework because depressed not disqualified by 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. My Homework Website 8! 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 Who can statistics because, will. Therefore, presumably two other witnesses exist to My homework windows 8, prove the will in probate. NB: Arguably S should be permitted to take under the 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 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 Scientific homework powerpoint Y predeceasing T, and therefore S taking, S probably would not have been asked to website, 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 garner an A. Possibly it should be highlighted in Who can statistics homework i'm some way, perhaps with a red star. I might even decide to website windows 8, put it on the blank page left at Scientific notation powerpoint, the beginning. (See p.75.)]

Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to website windows 8, the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to Volvo thesis, the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Windows 8! Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and website model response sent to 8, us by Professional writer australia 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 windows 8 LEEWS. His is the verbatim model response offered to notation homework, students � with professor comments! � as what was wanted. His response received the highest grade, one of only two A+ grades. My Homework 8! His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . Volvo Master Thesis! The exemplar is, in fact, *my* exam essay answer, and website if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is Buy school a series of 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 website windows 8 a system whereby in structured, step-by-step fashion, the Buy school papers, examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at My homework website 8, the end, and Professional 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 merely introducing an issue statement before each paragraph, and My homework a conclusion statement at Professional resume writer, 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 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 My homework website failure to Thesis remove sidebar, follow instructions. Before you begin work on this examination, be sure that you have an My homework website 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. Do My Statistics I'm Depressed! It is your responsibility to 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 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 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 each page, and staple all of the pages together in My homework website windows 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 thesis 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 My homework website windows 8 number. 3. Write on only one side of writer australia 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 your answer sheet to My homework website windows 8, indicate your examination number. Sidebar Kmplayer! 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 windows 8, 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 Volvo master, correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of windows 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 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 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 an act or omission in this State; (c) causing tortious injury in 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 do my homework goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to My homework website windows, 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 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 Short 45 points. They are not of equal weight. A. My Homework! You are now an associate attorney in a law firm. Respond fully to the following memorandum from story website magazines 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 a furniture repair business. Their shop is in the State of Swabia where most of My homework website windows 8 their customers are from. Sometimes people from the writer, nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in website Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to thesis, see if she would enjoy living away from home. In July, 2003, a vice-president of website First Commercial Industrial Bank of Prussia [��First Commercial��] attended a lecture on furniture repair that Isolde gave in Prussia.

He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at notation, 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 windows 8, paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to Who can do my statistics i'm, First Commercial��s main office, located ten miles away in website windows 8 the State of Prussia. First Commercial then gave them a check for remove sidebar kmplayer $150,000 minus closing costs of My homework website windows approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Volvo master thesis Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only My homework website windows 8, two payments on the loan. When First Commercial threatened to Professional resume writer australia, sue them, Tristan settled the bank��s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for My homework website windows 8 Prussia to papers, collect the unpaid principal and interest. First Commercial��s attorney served Isolde with process by registered mail, return receipt requested, to her at website 8, 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. Buy School! On December 1, 2006, First Commercial sought to register the My homework 8, judgment against Isolde with the United States District Court for do my statistics the District of My homework website windows 8 Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of notation homework powerpoint garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to My homework website, Isolde by one of her customers there. [Question/instruction] We represent Isolde.

Please submit a memo to Who can do my depressed, me discussing fully whether Isolde has any defenses she may raise to My homework website windows 8, the enforcement proceedings in Swabia and Bavaria. Be sure to do my homework i'm, discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. 8! Isolde. Date: Dec.

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 the nearest hospital, which was located in resume writer Prussia. Three days after the accident, but while she was hospitalized in 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 the state, it now seems to me that the judgment of the My homework website 8, federal district court in Professional australia Prussia against Isolde is unquestionably valid and My homework website windows 8 is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the story website, service on Isolde in the hospital establishes jurisdiction.

The discussion below is a verbatim copy of a student��s essay that received a top grade. Commentary by Professors Banks and My homework Entman appears in brackets. . [LEEWS note: We reprint this commentary in 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). Scientific Notation Homework! Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law � e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next � to My homework website windows 8, assist the professor in recognizing the topic (issue). Subject-matter jurisdiction.

The federal courts are courts of limited jurisdiction; they can only hear certain types of notation 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 My homework 8 Prussia. Professional Writer Australia! 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 My homework website 8 Swabia at powerpoint, 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 My homework, 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 two or three years that some students stated.] She can argue that she is Who can because i'm still domiciled in Prussia, where she lived her whole life up to June of windows 8 2003, because she only moved to Swabia temporarily, to Short story, see ��if she would enjoy�� life on her own. If Isolde is found to My homework 8, be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. Homework! However, if Isolde is found to have relocated to 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 website 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 plaintiff��s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is Thesis remove sidebar never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is My homework website windows more likely than not that the court will find that Isolde did move to papers, 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 website windows 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 that Isolde never even appeared in the first action. Most of you could have improved your answers by Thesis sidebar making better use of the My homework windows, 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. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. 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. 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 website 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 My homework windows, 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. Website Magazines! 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 a serious lack of website preparation. Failure to 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 papers, pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over website Isolde on the basis of the first of the enumerated acts: ��a) transacting any business within the State.�� The claim for thesis relief, the $100,000 breach of contract, arises from the 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.

Isolde will counter that her act was signing the documents, which took place at windows 8, the furniture shop in Swabia. This is story website a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the website windows, statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the Thesis remove, contract. [It is probably not necessary to stretch the construction of the statute as the website windows 8, 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 ��directly or by an agent.�� Like McShara in Burger King, Tristan was acting on resume behalf of the partnership (thus as an agent) in delivering the papers to My homework website windows 8, the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to remove kmplayer, the bank.

You should never, as many of you did, overlook the website windows, statement that Isolde signed the papers or speculate that she may not have read them. There is Professional resume writer 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. 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. 8! Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of resume australia state defendant in My homework website windows International Shoe: jurisdiction is constitutional only Professional writer australia, if the 8, cause of action arises from the defendant��s minimum contacts with the writer australia, 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 proper use of words like arguendo -- because they are useful and add a lawyerly caste to My homework windows, the presentation.] that the website, 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 the answer that the constitutional hurdle becomes important only if the website windows, 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 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 homework Isolde were operating together to 8, secure the loan. Thesis Kmplayer! They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the 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 facts seem to favor First Commercial. In the website 8, alternative, [In addition?] can Isolde raise any of the fairness factors, defining ��fair play and Professional resume writer australia substantial justice,�� articulated in the US Supreme Court��s Burger King decision? In weighing the My homework website windows, relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and sidebar kmplayer 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 interest in adjudicating its own laws. Website Windows 8! The interest of the several states in efficiency and public policy do not seem to enter the picture, so the Short magazines, fairness factors do not point to website windows, 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 Buy school 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 Swabia and My homework windows 8 Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the notation homework, Shaffer v. Heitner opinion carefully, and a failure to study the My homework website windows, problems following that opinion in website magazines the casebook.]

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7 Cheap or Free Resume Builder Apps. In a competitive job market, an website 8, attractive and comprehensive resume can make all the sidebar difference between getting your foot in the door for an interview or getting shut out. In the not-so-distant past, creating a resume usually meant having to get on My homework website 8 your computer and firing up something akin to Microsoft Word. This is no longer the case. Why? Because, as with many other important tasks nowadays, there#39;s an app for that. Master Thesis! Actually, there are several apps that can help you create a resume and website we#39;ve listed some of the best below. A highly customizable app with over Short website magazines one million active users across multiple platforms, VisualCV Resume Builder provides several starting points including one of My homework website windows, ten templates from popular fields ranging from tech support to nursing. Remove! It also allows you to import and modify an existing resume or CV in either Word or PDF format from Dropbox or another supported repository.

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Definitive Guide to My homework windows, Resume � 71+ Free Resume Templates in Word, PSD #038; MAC. A resume is the Buy school, most important watchword when it comes to windows 8, applying for jobs, regardless of the industry. Whether you are a fresher straight out of notation homework powerpoint, college or a veteran industry professional looking to move up the ladder, a resume is a basic prerequisite. It can be safely stated here that your job application is simply incomplete without a resume template . My Homework 8. It can be dubbed as your primary representative to the company or the hiring manager, who you have to remove, face for My homework your interview. These templates are intended for personal use only. In case of commercial use, please give credit to papers, this post.

The function of the resume is to present you as a possible candidate for the job you are applying for. Thus, it will shed some light on website 8 your educational qualifications, professional caliber, experience, and any special skills acquired or any relevant industry training you have taken, that would be useful for the proposed job. In short, the resume template will highlight your knowledge base and Buy school papers, all the hard and My homework windows 8, soft skills that you possess and have developed, which could leverage your potential as a prospective candidate before the hiring manager. Added to writer, all these, the resume will also include your personal details like name, contact information and sometimes, your picture. Besides, the resume would include any special achievements, awards or recognitions that you have received, which can highlight your position as a credible candidate for the job. As mentioned earlier, your resume is your primary representative before the hiring manager and website windows 8, hence you have to ensure the best possible impression with your resume. There are different resume formats, based on your experience level, job type, and industry.

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When you are looking for a resume that needs to cover the do my statistics homework because i'm, basic details of your career, a clean resume is the My homework windows, best thing for you. It�s simple yet professional. A clean resume format is for all those who are looking to apply for Scientific notation powerpoint formal jobs like administrative professionals, banking positions, medical designations or academic positions. It would also be great for freshers who do not have an elaborate career history. My Homework Website. The most important differentiating features of a clean resume are a neat and basic layout, no use of resume writer, graphic elements, plain and simple formal fonts, brief paragraphs, as well as a spacious framework. A modern resume generally follows a sleek format with popular, formal fonts and My homework 8, a professional outlook. It must be machine-readable. Such resumes usually stick to papers, a neat and clean structure. These templates are intended for personal use only.

In case of commercial use, please give credit to 8, this post. A modern resume assures easy readability with its sleek and smart structure as well as legible fonts. It�s a text-only document with a few bullet points and Thesis remove sidebar, minimal graphical elements. A modern resume can cater to My homework windows, almost any kind of professional, hailing from any industry. However, it would be best for senior executives, engineers, doctors, accountants, and Volvo master, academic professionals. The most important differentiating feature of My homework website, a modern resume is Volvo, that it�s always a text-only document and website 8, does not necessarily include the image of the do my homework i'm, applicant. Website 8. And, it�s remarkably formal.

A creative resume, as the name implies, does not follow any specific resume framework rules when it comes to presenting the resume. It can take the form of a Facebook Timeline Page, a soda glass, and so on. These templates are intended for personal use only. In case of commercial use, please give credit to this post. A creative resume format enables you to prove your amazing creative instincts right from your resume, which you can present in any form or structure. It will be the live testimony of your out-of-the-box attitude even before you appear in-person before the hiring manager.

A creative resume is aimed at all those professionals who are looking for jobs in the creative sectors. These could be advertisement professionals, packaging artists, illustrators, cartoonists, fashion designers etc. The primary differentiating feature of a creative resume is Scientific homework powerpoint, that it does not follow the website 8, conventional layout of a regular resume. Such resumes can take any form, shape or structure. 7 Steps to Short website magazines, Writing an Unbeatable Free Resume. A resume plays a crucial role in helping you to land a job.

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Is your resume in proper alignment with the job and designation you are applying for? Is your resume legible enough, with a neat structure and readable font? Have you been able to My homework, maintain a professional tone and active voice throughout? Are there any grammar, spelling or typo mistakes? Is all the contact information given correct and professional? Have you included relevant skills and hobbies? Does your resume contain a clear and tailored job objective? Templates Samples in Different Categories. When it comes to Professional resume australia, writing a standard resume, most of the people turn to website windows 8, the internet for Scientific notation reference. Here is a compilation of the best resume template samples for any kind of industry and any sort of designation.

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