How to write a law essay conclusion for persuasive

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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 write, 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 Assignment help, a methodical way. � Jan Court, Univ Texas '00. Just knowing you have a plan �� i.e., the steps �� keeps you from worrying about How to essay for persuasive panic. �� Rob Goldbaum, U. Assignment Us Nursing! Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of How to a law essay conclusion for persuasive, LEEWS' effectiveness in Poetry nz, practice.]

1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and write for persuasive, usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in Writing case studies in counselling, taxation, Federal Rules of a law essay conclusion, Civil Procedure in civil procedure]). Normally open book allows you to bring in Best buy case study ppt solution, class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to How to write a law essay conclusion for persuasive, 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 do my homework for me hire, limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. 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 How to write a law essay, individual professors.

There follow three examples of essay hypotheticals selected from do my among the eight in the appendix of the How to write a law LEEWS Primer. Studies In Counselling! 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 essay, issue [Writing Phase]. The law needed to address each hypo is buy case ppt solution 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 write a law essay conclusion, the fact pattern; you don't know how to analyze as a lawyer; and for me hire, 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 How to essay for persuasive followed by homework for me, question(s)/instruction(s) that in effect require you to write essay for persuasive, identify or spot the Can someone 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 How to for persuasive, taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct.

Which is Assignment help us nursing why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the 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 conclusion most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to homework help nz, her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris.

Not the most graceful move in the world. At which point Coris determined to write a law essay conclusion for persuasive, sue Setter personally, as well as the to do video club. Although a resident of How to write conclusion for persuasive, Queens County, Coris, joined by Can someone for me, 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 How to a law, Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and to do, motions: 1 �� OFU, Inc. and Setter moved for How to write, a change of venue to Queens County. 2 �� Attempts to Assignment us nursing, serve Setter personally at his club were twice unsuccessful, so a copy of the summons and write a law conclusion, complaint was affixed to the door of his home. Another was mailed to him. Can Someone For Me Hire! [So-called nail and mail service.] 3 �� Although the complaint affixed to his door separated from the summons and blew away, and How to write, 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 Can someone do my homework hire, anything overheard as a privileged conversation. 5 �� OFU, Inc. requested an How to write, 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 help nz, destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in essay, small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in essays, the above. A Law Conclusion For Persuasive! Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)

Discovery (scope of) �� Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses �� A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an Can someone do my homework for me, eavesdropper). Personal Jurisdiction �� Generally, in How to a law conclusion for persuasive, 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. Said jurisdiction will be had, inter alia, where a defendant is ut austin present in conclusion for persuasive, the state where an Can someone do my homework, 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 How to write a law essay conclusion for persuasive summons and complaint to the door or other conspicuous place at for homework the defendant's last known address, and also mailing a copy of same by regular mail to How to essay conclusion, said address (so-called nail and What for homework video, 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 How to summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of buy case, due diligence. Waiver of �� Where a defendant appears, answers the How to write 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 admission imposes a duty on Poetry, the party served to acknowledge the write a law existence of facts that are not in doubt and Writing studies in counselling, that should not be necessary to prove at trial. The party served normally has 30 days to How to write conclusion, respond. Poetry Homework Nz! Failure to timely respond results in the matter being deemed admitted.

Inter alia , it is permissible to How to write a law essay conclusion, request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the Poetry help nz party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per How to write essay, se). Res Judicata �� Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion �� Doctrine whereby a final judgment on Poetry homework, the merits of a claim or cause of action precludes reassertion of write a law conclusion for persuasive, that claim or cause of action in a subsequent suit. Venue �� Refers to studies in counselling, the proper place for write essay, trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to help nz, trial where it would be burdensome for him to appear and defend (policy!). A Law Essay Conclusion! 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 action arose.

MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview �� Six distinct events/motions. Perform Steps One, Two, and Best study ppt solution, Three (The Blender) on each is my initial perspective on How to write, 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 one side and to avoid liability on the other.

However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the College larger (intermediate) sense they are to keep the litigation going versus termination on essay conclusion, 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 Poetry homework help nz, 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. How To Write Conclusion For Persuasive! 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 homework help, I shall work on each question to completion before going on to the next .] Step Two �� [Consider each pairing, party, and objective. How To Write! 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. Assignment Us Nursing! See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of write conclusion for persuasive, No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and 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 Writing, each event/motion, and a law conclusion, since I am working on each exclusive of the others, Step Three is unnecessary as an What to do, independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to 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 discussion apparent.

No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by write essay for persuasive, 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 Assignment help action could have occurred anywhere. Coris' fall and conclusion for persuasive, the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County.

The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to help nz, relevant facts.] Conclusion : The motion should be granted. How To! [No hedging, as this seems open and shut.] So-called nail and Best study, 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 suitable age and discretion at a law for persuasive the place of ppt solution, business does not satisfy the 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 a law essay for persuasive, due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of College ut austin, 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 How to essay conclusion complaint, defended in the action, and at no time prior to appeal claimed lack of Poetry homework help nz, personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an How to conclusion, appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.]

Conclusion : Setter's defense of to do, lack of How to write a law essay for persuasive, personal jurisdiction would be deemed waived on appeal. Generally, all information that is Best study 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). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. A Law! [Analysis.] Conclusion : The motion will fail. The conversation with the Can someone hire husband was not confidential, and therefore not privileged.

A request for an admission imposes a duty on the party served to write a law conclusion for persuasive, acknowledge the existence of facts that are not in for homework, doubt and that should not be necessary to How to a law conclusion for persuasive, prove at trial. However, inter alia, it is not proper to request an Assignment help, admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an How to a law essay, abstract statement of homework nz, 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. For Persuasive! 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 comparison 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 the Bottomline brothers, Ohmy, Padthe, and Savethe, for How to essay, the purpose (as duly set forth in What to do for homework, its bylaws and articles of a law essay for persuasive, incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and buy case study, other off-the-road vehicles, quickly prospered and went public. A Law Essay For Persuasive! Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in 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 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to studies, 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 write a law essay conclusion for persuasive, ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in College comparison ut austin, connection with the How to essay for persuasive pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to do my for me hire, first make a demand on the board of essay, directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to 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 provide for same. Comparison Essays! Meddle immediately moved to quash these actions. How should the court decide the write a law essay for persuasive 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 comparison essays ut austin corporation, and sometimes includes acts within the purposes and powers of the essay conclusion 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 to do attorney general of the state to enjoin such activities; 3) the right of the corporation to How to for persuasive, recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights �� Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and in counselling, records which are relevant to a proper purpose.

Courts will determine whether a purpose is proper. Write For Persuasive! A shareholder may examine the What to do for homework stock book and a law essay conclusion for persuasive, minutes of stockholder meetings on demand if 1) he has been a stockholder of case, 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 How to a law essay for persuasive corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the homework nz corporation. The latter derivative action may be maintained only How to write essay, if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the essays 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 How to essay conclusion, 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 costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification �� Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and 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 us nursing, the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL.

Preliminary Overview �� The three motions referred to write, by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One �� Conflict pairing(s) : [A quick review of the Writing medical case in counselling motions in conjunction with the 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 a law conclusion 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 Can someone for me, the three motions. How To Essay! 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 Poetry help nz, be posted, versus not; 3) board indemnification resolution and write a law essay for persuasive, purchase of insurance be quashed, versus maintenance of same. Step Two �� [RIPCORP is movant for motions 1 and 2, Meddle for to do, 3. The motions themselves, especially the first, point to write a law conclusion for persuasive, 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 purposes of analysis.]

1) Lack of What for homework video, standing, failure to first make a demand on How to write essay for persuasive, the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in 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 analysis to be performed in 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 video corporation in a law essay for persuasive, her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred.

Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to do my homework for me hire, 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 a law essay, 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 medical case, five percent of How to write a law essay for persuasive, 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 Writing medical case studies in counselling purposes and powers of the corporation, but performed in How to essay conclusion for persuasive, an unauthorized manner or without authority may properly be challenged by shareholders. Can Someone Hire! Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to How to a law essay conclusion, manufacture and studies in counselling, 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 essay for persuasive plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). Can Someone Do My Homework For Me! The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the a law essay conclusion exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in essays ut austin, order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of a law essay for persuasive, their shares exceeds $50,000. M's 100 shares constituted but 1/10th of Best study, one percent of the How to essay initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of comparison essays ut austin, one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the 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 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 a law essay, impose this financial impediment. [Note the use of the buy case study ppt solution 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 amounts paid in a law essay, settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. For Homework Video! The corporation may purchase insurance to indemnify officers and directors for even the write conclusion above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against buy case, 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 How to, exercise reasonable care, if not a violation of medical studies in counselling, 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 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 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 essay for persuasive, behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and Best ppt solution, 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 my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the How to write 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 rest, residue, and remainder of Can someone do my for me, 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 How to a law essay for persuasive, 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 do my, 2001. In a probate proceeding the write essay conclusion for persuasive evidence established the College comparison essays ut austin 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 law conclusion, a syndicate in 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 Writing case studies in counselling 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 write a law for persuasive 1994 will. Discuss the do my homework rights of the various parties in terms of a law essay for persuasive, 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 buy case study ppt solution testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the How to write for persuasive 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 comparison essays ut austin legacy in equal proportions per How to a law conclusion, 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 case least two witnesses thereto who do not stand to How to write a law conclusion, 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. Homework! This is write essay 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 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 intent and for the purpose of revoking the 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 What for homework video, extent of his property, and essay conclusion for persuasive, recognizes the natural objects of his bounty. Witness as beneficiary �� A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview �� The instruction points to parties who stand to take from case in counselling T's estate. Each will be in opposition to How to essay, 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. B v. Z seems a key conflict. Step Two �� [Each claimant must establish that the us nursing will or codicil upon How to write a law for persuasive, which he bases his claim is valid and controlling. What! Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.

However, it would be inefficient and confusing to write a law essay, try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three �� [Having declined to set forth the premises of the various parties in College comparison essays ut austin, Step Two, I may as well go straight to How to write essay, the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of buy case study, 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 How to write essay conclusion for persuasive obvious first step. Homework Help! Therefore, beginning with B v. Z would seem to make sense.

B and Z's rights [This label conforms to essay conclusion, the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 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 homework help nz, a revoked will operates as a republication of a will that is, in How to write a law essay for persuasive, form, properly executed. This is Can someone do my so despite the fact that the will so republished may have been invalid for want of How to a law essay, testamentary capacity at the time of making. Do My Homework For Me Hire! 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 How to conclusion for persuasive, the contrary, the help 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 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 thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the write a law conclusion for persuasive rest, residue, and remainder of T's estate under the nz 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 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 write conclusion 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 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 Writing medical case studies in counselling, stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by write essay conclusion for persuasive, 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. Ut Austin! A properly executed will implies at for persuasive least two witnesses thereto who do not stand to take under said will. S was one of Assignment, several witnesses to write a law essay conclusion, 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 1994 will per help nz, stirpes, even were he one of only two witnesses to the will.

The rationale for not allowing a witness necessary to probate to How to a law essay for persuasive, take under the will being probated is help presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is conclusion compromised. College Comparison Ut Austin! 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 interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing.

However, Y's intended legacy will go to write a law essay conclusion for persuasive, the son, S, per stirpes . S's having witnessed the Best ppt solution will under which he takes should not disqualify him, providing two others of the several witnesses to How to essay conclusion for persuasive, the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). Can Someone For Me! The exam was given jointly to two first year classes by How to conclusion, their professors. Richard ordered the audio CD version of LEEWS. Writing Medical Case In Counselling! His is the verbatim model response offered to How to write a law, students � with professor comments! � as what was wanted.

His response received the Assignment help highest grade, one of only How to write a law essay for persuasive, 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 paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. To Do For Homework Video! . 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 How to write essay conclusion, proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and 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 homework help nz, the essay exam versus Richard's 39 (!!). How To Write A Law Essay Conclusion For Persuasive! . 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 to do, issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (� 11 = Prof Banks, � 12 = Prof Entman) Essays - 45 points.

Average -- � 11 [17.2]; � 12 [16.1]; both sections [16.6] Range -- � 11 [3 - 42]; � 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- � 11 [33.70]; � 12 [35.00]; both sections [34.36] Range -- � 11 [18.86 - 50.29]; � 12 [17.29 - 53.43] Total - 100 points. Average -- � 11 [50.90]; � 12 [51.09]; both sections [50.99] Range -- � 11 [22.86 - 92.29]; � 12 [26.29 - 83.00] Average Grade - � 11 [2.33] Both Sections [2.34] � 12 [2.34] A+: 82 and a law, 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 medical studies, failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Write A Law Conclusion For Persuasive! 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 ensure that you are working with a complete examination. The exam is College ut austin closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and write essay for persuasive, an appropriate writing instrument. You may not, of What to do for homework video, 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 How to essay, each page, and staple all of the pages together in the upper left hand corner. 1. Homework Help! Answer only the How to write conclusion question asked and do my homework, 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 How to write essay for persuasive, number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on Assignment help, only one side of 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 How to write a law conclusion appropriate corresponding circles on your answer sheet to Best buy case, 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 How to write 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 answers. Homework Help! Do not write your name on anything. For this examination, unless we have specifically studied to How to write a law conclusion for persuasive, the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of help us nursing, Civil Procedure; 2. all states have enacted statutes that authorize the exercise of How to a law conclusion, jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. Assignment Us Nursing! all states have also enacted the following statutes: X.C.A. � 1-1-111: A court may exercise personal jurisdiction over write a law essay for persuasive a person (including an Writing medical studies, 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 a law conclusion 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 Poetry homework, an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of How to write for persuasive, 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 video, insure any person, property, or risk located within this State at the time of contracting. X.C.A. How To Conclusion! � 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 homework help, 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from 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 their customers are from. Sometimes people from the a law essay for persuasive nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from us nursing home. In July, 2003, a vice-president of 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 their shop offering the bank��s services, Tristan and Isolde decided to write a law for persuasive, borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. Assignment Help! On August 15, 2003, Tristan and Isolde signed the loan papers at write a law for persuasive their shop and Tristan immediately took them to First Commercial��s main office, located ten miles away in the State of Prussia.

First Commercial then gave them a check for $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 to do video, Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. A Law Conclusion! When First Commercial threatened to 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 medical case studies, Prussia to collect the a law for persuasive unpaid principal and Writing case studies in counselling, interest. How To Write A Law Conclusion! First Commercial��s attorney served Isolde with process by registered mail, return receipt requested, to Writing medical case studies, her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. How To Write Conclusion! On December 1, 2006, First Commercial sought to register the Writing case studies judgment against a law for persuasive, Isolde with the study United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.

First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the How to essay conclusion for persuasive following memorandum from the same partner. Comparison! Again, respond fully.

To: Associate. Re: First Commercial Industrial Bank v. 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 write a law essay conclusion for persuasive, the nearest hospital, which was located in case studies in counselling, Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of write conclusion, 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 comparison ut austin judgment of the federal district court in Prussia against Isolde is for persuasive 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 a student��s essay that received a top grade. Commentary by homework for me, Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: �IRAC� (merely a formula for organizing analysis of an How to for persuasive, issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at Can someone do my homework for me 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). Conclusion! Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of video, law � e.g., Subject matter jurisdiction in How to essay, the opening paragraph, federal diversity statute in the next � to 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 claims as outlined in homework help, Article III of the US Constitution and a law essay for persuasive, as authorized by buy case study ppt solution, Congressional Statute. How To A Law Essay For Persuasive! First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of Writing, citizenship of the parties. How To Write A Law! First Commercial is a citizen of Prussia. Ut Austin! Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is write a law still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see ��if she would enjoy�� life on her own.

If Isolde is Best study found to be a domiciliary of Prussia, then there is not diversity of How to write essay conclusion for persuasive, citizenship and Writing, thus no subject matter jurisdiction. 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 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 How to write a law for persuasive, contract is a state common-law claim. Writing Medical In Counselling! Therefore nothing in How to write a law essay for persuasive, the plaintiff��s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in for homework, this case, it has not been previously litigated, so it could be raised on a law essay conclusion for persuasive, collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.

In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of What video, you could have improved your answers by How to essay for persuasive, making better use of the College comparison essays 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 a law essay for persuasive 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 homework necessary that she be domiciled in write a law conclusion, 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 ut austin laws of How to conclusion for persuasive, Prussia to possible disputes, that is Poetry homework nz not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and write, not a choice of law provision. Mistakes of study, this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of 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 a law for persuasive, pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: ��a) transacting any business within the Writing medical studies in counselling State.�� The claim for relief, the $100,000 breach of contract, arises from the defendant��s act of How to essay conclusion for persuasive, 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 Assignment us nursing documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the How to a law essay conclusion for persuasive 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 contract, which causes an in state result, the execution of the College essays ut austin contract. [It is probably not necessary to stretch the write a law essay conclusion construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state ��directly or by an agent.�� Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the Assignment us nursing papers and that he immediately took them to How to write essay, 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 medical case studies, 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. How To Essay! Supreme Court defined the due process standard as it relates to What to do, imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant��s minimum contacts with the write a law for persuasive 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 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 the answer that the constitutional hurdle becomes important only if the court first accepts the College essays 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 Isolde were operating together to How to write a law essay conclusion, secure the loan. They reached into the forum when they called First Commercial.

Isolde knew that Tristan was taking the Assignment documents to Prussia, [run-on sentence, a sin committed by many students in How to write a law conclusion for persuasive, 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. Buy Case Study Ppt Solution! (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining ��fair play and How to write a law conclusion for persuasive, substantial justice,�� articulated in the US Supreme Court��s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to What for homework, travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. A Law! The interest of the forum state in adjudicating the dispute would be well served because of the choice of homework help, law provision; Prussia has an a law, interest in adjudicating its own laws. The interest of the Best buy case several states in essay conclusion for persuasive, efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Best study, Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about for persuasive 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 a failure to study the problems following that opinion in the casebook.]

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essay on amerindians CONTACTS WITH AMERINDIAN POPULATIONS. There remains very few pure hunters/gatherers, that is, speaking anthropologically, non-sedentary populations living exclusively from hunting, fishing and the gathering of wild fruit and plants growing in the forest. For the great majority of How to a law conclusion, Indians, food is provided basically by agriculture, the Best study, remainder coming from How to write essay for persuasive hunting and fishing. American Indians cultivate small areas taken from the forest by for homework video, slash and burn method: during the dry season, a portion of the forest is cleared then burnt, the seeded plants developing when the rainy season starts. The Central and South American rainforests often grow on poor acid soils. Through burning, the essay conclusion for persuasive, necessary basic elements are brought to the soil. - Manioc (manihot esculata) is medical studies particularly adapted to poor acid soils. The poorer the write essay for persuasive, soil, the more prussic acid containing cyanide is found in the plant.

The juice of the manioc is Poetry nz very toxic and How to a law, must be extracted before it can be eaten. As I already mentioned above while speaking about white soils, plant life is more difficult and they protect themselves more against predators. Poor soils get exhausted rapidly. Help Us Nursing? A study has shown that the yield per hectare after the third year represents only 45% of the How to conclusion, first year's yield. New fields thus must continuously be cleared. Populations being traditionally not dense, the impact on the rainforest is negligible but Indians have to move their villages from place to buy case study ppt solution place often, which explains their semi-nomadic way of life. Amerindians are experts at using the resources from the rainforest. One example: the use of the moriche palmtree (mauritia flexuosa) by the Warao Indians of the Orinoco Delta: The palm leaves are used to cover roofs.

Fruits are eatable. Fibers are used to make superb hammocks. Larvae from an How to write a law for persuasive, insect develop inside a felled trunk, they are delicious (when eaten raw, they taste like butter). Openings are made in Assignment help us nursing the trunk on the ground. How To Write A Law Essay Conclusion For Persuasive? Rainwater accumulated in them ferments and produces an alcoholic beverage! Indian villages are usually composed of few families.

A community composed of 50 people is considered large. However, thanks to medical aid, their population increases sharply in certain zones. The pressure on hunting and fishing is case studies in counselling more and more important. Indians sometimes have to travel far by dug-out canoes in How to write a law order to find game. They often overuse the nivraie, a creeper which contains chemicals that prevent fish from Can someone do my breathing, forcing them to go up to the surface where they can easily be picked. The surplus population has to emigrate towards the closest Creole communities to essay for persuasive which they finally get assimilated, loosing their identity and often becoming tramps. The increase in population density in the rainforest breaks the equilibrium that maintained the do my homework hire, traditional slash and burn cultivation method. More and more areas have to be cleared, on larger and larger surfaces. On the poorest soils, if the essay conclusion, vegetation is eliminated on a large scale, the rains soon wash away the fertile layer and a barren base remains on homework for me, which only grasses and scraggy bushes will grow. Rain and heat facilitate the formation of iron and aluminium oxides, giving these soils the characteristic red colour of laterite.

Don't expect to meet populations who have never had access to the outside world, especially during a hike that lasts but a few days. The Indians whom you will meet are used to contacts with tourists who sometimes represent their livelihood. You will see young Indians proudly displaying their soccer tee-shirt or their latest model Walkman. The adults possess motor dug-out canoes and hunt with rifles. But apart from these small details, their way of How to essay, life has remained the Assignment help, same. And this is write a law essay for persuasive what counts for What the preservation of their culture. Among interesting remarks that I have heard, a gentleman told me how disappointed he was at not having seen real Indians. Does a true Frenchman always wear a beret and an Englishman a bowler hat? The most occidentalized Indians regularly organize traditional festivals during which they wear their beautiful feathers, paint their bodies and dance according to ancestral rites. Foreigners are usually not invited, but sometimes you can be lucky. If you have the chance of being able to travel to more remote zones of the rainforest, you might meet much more primitive populations.

Nearly every year in Amazonia, communities who have never had any contact with the civilized world are being discovered. They are extremely vulnerable and, as far as I am concerned, they should be systematically protected and their access be either severely limited or forbidden. Even with American Indians used to a law conclusion contacts with tourists, there are rules of good behaviour to be followed. First of all, according to my thinking, nothing is worse than condescendence (oh, the poor things!). Some people have the tendency to confuse happiness with material riches. If Indians usually possess hardly anything, nothing allows us to state that they are not happy. Life is good in Poetry the forest, food is abundant, freedom is write essay extraordinary, and stress is study unknown.

Indians are indeed materially poor, but they are certainly less miserable than the people who live in How to write a law essay shantytowns or other favellas of the buy case study, large sprawling cities. I was once with a group in a Ye'Kwana village of South Venezuela when we chanced upon a French missionary who had been living with Indians for write the past 37 years. When a lady asked him: Father, what do you feel when you return to civilization? He answered with a smile: Madame, the word civilization is homework help a plural, not a singular word. The Wayanas of Guyana have several tens of different names to qualify a wasp. I personally know a Ye'Kwana chief of Venezuela who is a law conclusion for persuasive capable of identifying in his language more than 350 tree and plant species. A botanist friend who worked at length with him was full of wonder. That too is culture#133; The more primitive, structured and hierarchical the civilization, the more it imposes on its members strict rules of behaviour. Even though Indians are very conscious that these rules do not apply to study foreigners, it is advisable to avoid behaviour that could put them ill at ease or shock them : American Indians are usually calm, silent and rather introverted.

They can perceive a loud or exuberant behaviour as an for persuasive, invasion. They hate to have to take decisions hurriedly or abruptly. The decision taking process is for medical studies them slow and involves wide consultations. How To Write Essay Conclusion? If someone tells you no, don't keep on insisting. You can commit a blunder unknowingly. For example, in certain tribes, to ask to speak directly to the chief or have a conversation with the sorcerer can be against protocol, especially for a woman. Avoid excentricities and familiar behaviour, and don't bathe half or completely naked in studies front of them (furthermore, the eventual presence of the candiru is a good excuse not to do so!). How To Essay Conclusion For Persuasive? The American Indians are extremely modest. Don't ask questions about their intimate lives. Don't put them in situations where they can loose face, even as a joke. That is not how you will gain friends#133;

Taking pictures is a delicate question: you always have to ask permission to Writing case studies the villagers, even if you don't photograph people directly. If they refuse, don't take pictures behind their backs#133; (I seem to give obvious advice, but my experience has shown me that it is How to write for persuasive not so obvious, unfortunately!). The sad practice of paying people to photograph them seems morally doubtful to me. Along the Maroni river, between French Guyana and Surinam, there are populations of African origin. They are what is called marrons, that is Poetry help descendants of former slaves who escaped from plantations of How to write a law conclusion, what used to be Dutch Guyana at for homework video the beginning of the write conclusion for persuasive, 19th century.

They have kept many ancestral characteristics. The Boni, Djuka and Saramaka have in common a profound dislike of photographs. They even put up signs to tell tourists not to take any. Be careful, they are built like Hercules! I once saw a transgressor receiving a good thrashing#133; When you arrive in an Amerindian community, you might be offered the cachiri, a weak beverage made of fermented manioc or other ground root. It looks yellowish, lumpy and What to do video, not very appetizing.

As for the taste, you have to have generations of American Indian ancestry to like it. Furthermore, in How to write a law essay certain tribes (not all happily), women spit in the preparation to speed fermentation. However, it is rude to refuse. You can ask however to be served only a small quantity of it. Dip your lips in it, or swallow a small mouthful and do my homework, smile broadly (but not too broadly or else you will be served again!). If they offer you to write essay share their meal (a rare thing) don't expect an Assignment help us nursing, unforgettable gastronomical experience. Indians only conclusion like nearly burnt meat and Assignment, will not hesitate to write boil together a fish and some game. The Pemon Indians of Southern Venezuela consider grilled ants a delicacy. These ants are the essays, large winged stud Atta species, the leaf-cutting ant.

As a matter of fact, it is not bad, leaving a peanut aftertaste. BE CAREFUL OF THE ALCOHOL THAT YOU BRING INTO THE VILLAGES! If you have to sleep in a community, don't offer alcohol, rhum in particular, to Indians. How To For Persuasive? The sweetest Amerindian becomes hard to bear and often violent under alcohol (they are not the Best study, only ones #133;). Don't drink ostensibly and don't leave the write essay conclusion, bottles conspicuously. Best? This is a law essay conclusion for persuasive also true in Creole villages. Giving presents is another delicate subject. I have seen people arriving with bags full of old clothes and Can someone homework for me, distributing them to write a law essay conclusion for persuasive Indians. You must remember that a free gift does not exist in primitive societies. It always must be accompanied by a gift in return, there has to Writing studies in counselling be a counterpart or else there is How to write a law essay for persuasive no equilibrium in to do video the transaction.

Don't think that Indians will be grateful or have some regard towards you if you act that way: they often consider that your gift is what you owe them as a consequence of some virtual obligation you might have towards them. Once I wanted to How to for persuasive please a dug-out canoe driver who had worked well and I offered him my forehead lamp. He was furious. He wanted the lamp AND the fishing equipment! It is always better to exchange in order not to create dependency and begging behaviour. There are always interesting things to Poetry homework exchange in a law villages: crafts, bows, blow-pipes, etc. But always choose things they like, not remains#133; Indians in general love things like knives, lamps and everything pertaining to fishing and hunting. The great majority of Amerindians use money to buy fuel, cartridges, etc#133; A good way to help them is to buy their crafts if they sell some. You can of course bring candy for the children but choose some without paper wrapping or else you will find all the to do video, wrappings scattered throughout the a law, village!

Don't expect the impossible from contacts with Indians. Some agencies use meeting others as a marketing device#133; It is rather naïve if not foolish when applied to Amerindians. They are fascinating but secret and introverted and will certainly not talk about their lives to a tourist spending two hours in their village. It takes years for them to accept you.

The missionary whom I mentioned above told me that when he arrived with other members of his congregation, they settled outside the buy case, village and studied Indians for conclusion 5 years before starting their mission #133; 5 YEARS! It seems to to do me that we have passed from the excesses of civilizing and evangelising missions to the excesses of humanitarian missions! Culture loss phenomena must be analysed in the middle and long term#133; For example, you will have the impression that you are doing a good deed by bringing medicine to Indians. But you must realize that the result of the accumulation of this type of action leads Indians to write a law conclusion for persuasive abandon and finally forget their traditional medicine, which is often very efficient. It is for me hire much easier for them to conclusion ask for a drug at the dispensary than to pass long hours in the forest looking for a certain root, for example#133;But if the dispensary disappears, they will be unable to cure themselves. It is possible to Best ppt solution bring help on the short term but to destroy in How to write a law conclusion for persuasive the long run, I suppose that it is a moral problem which each one of us must solve according to one's conscience. Personally, I always take great pleasure being with Amerindians.

For a passionate lover of the rainforest, they are an Best buy case study ppt solution, endless source of essay for persuasive, fascinating information. I have true friends among them. But if I have the choice, I prefer not to stay overnight in villages. I think that it is always better to camp in the forest, a little aside. The nightly concert of barking dogs is Poetry homework help followed at dawn by How to write conclusion for persuasive, that of roosters and other domestic animals. Their conception of hygiene is often quite different from ours, that is the Assignment us nursing, least one can say. I recently went on an expedition in the South of Venezuela during which we slept in a Sanema village, a sub-group of the How to write a law essay for persuasive, Yanomami Indians. As in College essays most tribes, there is a communal central hut where visitors are welcomed, it is also used for festivals and other tribal meetings. The Sanema hold a tobacco quid nearly permanently under their lower lip. How To Write A Law Essay Conclusion? This savoury habit leads them to spit continuously everywhere inside the huts, eventually under your feet.

While I was preparing dinner, there were about fifty Indians around me, spitting every 30 seconds or so. I must say that it somewhat cut our appetite#133; Furthermore, Sanemas very often suffer from tuberculosis. Expect to have many children permanently around you, even while you perform the most private daily functions. Finally, I have always been personally embarrassed by Poetry, all the unpacking of equipment and food in front of people who possess nearly nothing#133; In communities that regularly welcome tourists, the Indians, who are conscious of these small annoyances, often build aside a special hut for foreign visitors.