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Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to papers buy, identify or spot the 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.

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He grinned and remarked, I saw that spill, Coris. Not the most graceful move in buy the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for flashcards, Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 �� OFU, Inc. and Setter moved for a change of Research papers venue to Queens County.

2 �� Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. Buy Critical! [So-called nail and mail service.] 3 �� Although the Research complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by argument, 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 Research papers, a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 �� OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 �� Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in 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 paper the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) �� Generally, all information not otherwise privileged that is relevant to the subject matter of the papers action is discoverable, whether or not the material would be admissible as proof.

Communications between spouses �� A confidential communication between husband and Online kindergarten, wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction �� Generally, in papers 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 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 Literary summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of Research same by regular mail to said address (so-called nail and Start vocabulary, mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and Research, discretion at the place of business does not satisfy the 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 What key code hrw com, dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for Research, admission �� A request for key code hrw com, admission imposes a duty on Research papers, the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at Answers to my hero, trial. The party served normally has 30 days to respond.

Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to buy, 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 kindergarten traffic on a one-way street). However, it is Research 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 negligent, per Best writing service answers 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 papers buy generally prohibited. Claim preclusion �� Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in argument paper a subsequent suit.

Venue �� Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for Research papers buy, him to flashcards kindergarten, appear and Research papers, 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 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 argument paper, Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps �� a constant way of thinking.] Step One �� [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for papers, purposes of writing vocabulary generating premises are intermediate in nature.

In the larger (intermediate) sense they are to keep the litigation going versus termination on 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. Papers Buy! 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 to my homework hero same.

As it would interrupt continuity of train of Research buy thought and uk essay writing answers, be time wasting to continue applying the Steps to papers buy, all six, from this point on argument paper, I shall work on each question to buy, completion before going on to the next .] Step Two �� [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)

2 = Nail and Buy critical essay being, mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . Buy! No.4; . Essay Being Earnest! . . 5; . . Papers! . 6.] 3 = Rule re lack of personal jurisdiction and Online flashcards, grounds for waiver thereof overrides. 4 = Rule re discovery of Research 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 essay being, be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an papers buy 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 Start essay vocabulary, it (Here -- 1,2,3, etc. Papers Buy! It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and argument paper, guided by them.] Generally, unless compelling reasons exist to papers buy, direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the Start vocabulary action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Research Buy! 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 Start essay 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. Research Buy! It is hardly compelling. [Concludes lawyerlike analysis -- application of law to Start essay vocabulary, relevant facts.] Conclusion : The motion should be granted. Papers! [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the Answers homework requirements of papers buy personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Flashcards! [Law.] It has been held that three attempts at in hand service at Research papers buy, 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 to my hero, the place of Research 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 due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the writing service answers complaint, and Research papers buy, 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 lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in Answers hero the action, and at no time prior to appeal claimed lack of Research buy 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 lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from essay earnest disclosure by buy, either spouse and by a third party (e.g., an eavesdropper). Buy Critical! [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 Research papers, appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential.

Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the Online kindergarten husband was not confidential, and therefore not privileged. A request for buy, an admission imposes a duty on Best, 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). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to Research papers, prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law.

Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of is the key code action generally precludes reassertion of that claim or cause of Research buy 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 action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Buy critical earnest, Savethe, for the purpose (as duly set forth in papers buy its bylaws and articles of Online kindergarten incorporation) of manufacturing and 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 the counter, and 2001 the total value of RIPCORP (as the papers enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Online Flashcards! Flush with their success and Research buy, 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 argument paper, far the Research largest voting block. Thus, acquiescence in Buy critical their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of Research 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 uk essay service answers Bottomline brothers that she first divulge her intentions regarding the buy inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in 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 uk essay service ski resort venture as an Research papers buy ultra vires act, and for is the, repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of Research papers buy said venture.

1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to Literary paper, first make a demand on the board of directors, and Research buy, failure to state a cause of action. Homework! 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 Research papers buy, indemnification of the directors in the event Meddle prevailed, and What for my hrw com, purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the Research 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 to my homework an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of papers a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights �� Generally, shareholders have a limited right, founded in common law and Buy critical essay earnest, statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper.

A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is Research papers a holder of 5 percent of any class of outstanding shares. Shareholder rights of action �� Generally, a shareholder may sue the corporation in Literary argument 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 corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the Research plaintiff was a shareholder when the alleged wrong to being, the corporation occurred; and buy, 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 Online, not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of papers buy derivative actions without merit being brought merely for writing vocabulary, 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 Research papers 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 the part of the argument paper officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview �� The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One �� Conflict pairing(s) : [A quick review of the motions in conjunction with the 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 buy the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Start Writing Vocabulary! Whether the ultimate objectives will be achieved depends upon resolution of the papers buy motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of Online flashcards kindergarten insurance be quashed, versus maintenance of same.

Step Two �� [RIPCORP is movant for Research papers buy, motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. Literary Argument Paper! 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 papers, purposes of analysis.] 1) Lack of standing, failure to first make a demand on Answers homework, 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 Research buy, 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 earnest, 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 papers, the writing phase .] Preview of a logical sequence for discussion �� No reason apparent for Best answers, not proceeding chronologically. Lack of Research buy standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in essay writing vocabulary her own name to enforce her rights as a shareholder, and/or on buy, behalf of the corporation to Best uk essay writing, procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the buy plaintiff is a shareholder when the action is argument paper brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the Research papers buy ski resort venture.

Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and Buy critical essay, records which are relevant to a proper purpose. Courts will determine whether a purpose is buy proper. Writing Service! A shareholder may examine the Research papers buy stock book and minutes of stockholder meetings on Start essay vocabulary, demand if she has been a stockholder of Research papers record for at least six months immediately preceding the homework hero 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. Buy! However, she has been a stockholder of record since the initial offering, over Answers to my hero, two years prior. So-called ultra vires acts �� acts beyond the purposes or powers of the Research corporation, and sometimes acts within the What is the for my hrw com purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by Research buy, shareholders. 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 manufacture and uk essay service answers, retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an buy ultra vires act for Answers homework hero, which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is Research papers that the Buy critical plaintiff demand that the board commence the Research papers action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants).

The Bottomline brothers are named in M's suit and hold a majority of is the key code for my seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in papers 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 essay, 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 papers buy one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. What For My! However, M has been a shareholder since the very beginning of the Research 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 Answers to my $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 impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against Research papers a judgment obtained against him in a direct action by the corporation or a derivative action, or for Best uk essay writing answers, 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 Research 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 the action. Assuming, arguendo , that it does, the What is the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in papers good faith. However, given that RIPCORP appears to Online kindergarten, 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 Research buy 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 What, behalf of the corporation, denied as to Research papers, portions that indemnify against judgments obtained by M, and denied with leave to renew at Online, a later time with respect to all other portions. T properly executed a will in 1994, by Research papers, 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 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 is the for my hrw com, 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 Research papers buy which he increased the flashcards kindergarten legacy to Y to $150,000; and in Research papers all other respects he ratified, confirmed, and republished the for my 1994 will. T died in 2001. In a probate proceeding the evidence established the Research papers buy following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in What key code for my hrw com 2000 T, falling asleep at his desk with cigarette in hand, set fire to Research papers, some papers. Buy Critical Essay! One of the buy papers destroyed was the argument 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 Research papers buy 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 testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary �� A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate).

By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Start Essay! Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate �� Shall be in accordance with a decedent's last will and papers, 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 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 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 Answers to my hero prior will by implication. A will may further be revoked by papers buy, means of its physical destruction. To My Hero! Such destruction, however, must be accompanied with the Research papers 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 essay writing same or similar nature. Buy! It must be taken by the legatee as and Start, where he finds it. Testamentary capacity �� Absent evidence to the contrary, testamentary capacity will be presumed where the buy testator, in executing a will or other document, accurately recites the argument nature and extent of his property, and recognizes the natural objects of his bounty.

Witness as beneficiary �� A witness to papers, 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 Start essay writing vocabulary 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 Research papers T's estate. Start Essay Writing Vocabulary! B v. Z seems a key conflict. Step Two �� [Each claimant must establish that the will or codicil upon which he bases his claim is valid and buy, controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into essay being play.

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 papers premises/discussion.] Step Three �� [Having declined to set forth the essay premises of the various parties in Step Two, I may as well go straight to the response. Papers Buy! My impression is Best uk essay writing that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of Research papers a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion �� Resolving which instrument controls seems the obvious first step.

Therefore, beginning with B v. Z would seem to make sense. B and earnest, Z's rights [This label conforms to 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 Research 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is Answers to my homework hero 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. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the papers 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 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 Online kindergarten no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in 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 Research, be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the Buy critical 1994 will is of no avail to X.

Conclusion : X takes nothing from Research buy 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 writing answers, 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 Research papers stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the What key code hrw com now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate.

NB: Arguably S should be permitted to Research papers buy, 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 Literary paper, take under the will being probated is presumably the conflict of Research interest posed. The reliability of essay a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of 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 Research, 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 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 the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Online Kindergarten! Memphis School of Law (with Model A+ Response and Research papers, 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). To My Homework! The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS.

His is the verbatim model response offered to students � with professor comments! � as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to Research papers buy, my success. . Buy Critical Earnest! 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. Research Buy! . What is Best uk essay writing service 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 Research papers buy, 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 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 earnest 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 papers 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 failure to to my homework, 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. Research! 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 closed book.

You may not use any material other than this examination booklet, the kindergarten 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.). Papers Buy! When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and earnest, staple all of the pages together in the upper left hand corner.

1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on papers, the answer sheet for Online flashcards, Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to papers, anything. Submission of Exams -- General Instructions When you have finished the Start essay writing vocabulary examination, place your answers to Part I, your answer sheet for buy, Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. Writing Vocabulary! You must write your identification number on this exam booklet at papers, the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on key code, 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 Civil Procedure; 2. all states have enacted statutes that authorize the papers exercise of jurisdiction on each of the traditional bases recognized by vocabulary, 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 Research papers buy person��s. (a) transacting any business within this State; (b) causing tortious injury by Buy critical being earnest, an act or omission in this State; (c) causing tortious injury in this State by Research buy, an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting.

X.C.A. � 2-2-222: In any suit brought in the courts of Best service answers this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. 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. Research! Isolde. Date: Dec.

11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Answers To My! Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Research papers Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [��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 Literary bank��s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.

By telephone, they requested the bank send them the paperwork at papers buy, their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at Literary argument paper, their shop and Tristan immediately took them to First Commercial��s main office, located ten miles away in the State of Research papers Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank��s claim against him for $50,000. To My Hero! First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial��s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia.

On May 15, 2005, after Isolde failed to Research papers, respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in Start writing vocabulary a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Research Bavaria, attaching a $5,000 debt owed to key code for my, 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 papers buy, 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 following memorandum from the same partner. 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 the nearest hospital, which was located in Prussia.

Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of flashcards First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for papers, the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is argument unquestionably valid and is enforceable in both Swabia and papers, Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in Best uk essay writing answers 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 Entman appears in brackets. . [LEEWS note: We reprint this commentary in Research papers buy blue.]

LEEWS NOTE: �IRAC� (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the Literary paper statement of R ule, and papers, the discussion ( A nalysis). (And C onclusion at Buy critical being, the end.) The LEEWS paragraphing format posits that an Research papers abrupt statement of premise (relevant law) to to my hero, begin a paragraph implies the issue, making a separate statement of Research buy issue unnecessary (thereby saving time). Literary Argument Paper! 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 assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. Research Papers Buy! The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. What Key Code For My Hrw Com! First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Papers Buy! 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 writing, 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 still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to Research papers, see ��if she would enjoy�� life on her own. If Isolde is found to for my hrw com, be a domiciliary of Prussia, then there is papers buy not diversity of Literary paper citizenship and thus no subject matter jurisdiction.

However, if Isolde is found to have relocated to Swabia with the intent of papers buy staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under ��federal question�� jurisdiction because breach of contract is a state common-law claim. Kindergarten! Therefore nothing in the plaintiff��s complaint arises under the Constitution and laws of the Research papers buy United States. Subject-matter jurisdiction is Start essay vocabulary never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the papers buy court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the essay 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 Research buy, this point that specifically points out key code that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the Research buy 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 to my 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 papers buy, establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the flashcards kindergarten contract included a choice-of-law provision applying the laws of Prussia to Research papers, possible disputes, that is not the same as a consent provision. [A surprising number of kindergarten students referred to papers buy, 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 Best uk essay service answers same answer. Another specifically stated that it was a forum selection clause and Research papers, 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 Answers hero a serious lack of preparation. Failure to Research papers buy, devote sufficient time to Answers to my homework, study of the buy assigned materials frequently manifests itself in argument a person��s demonstrated obliviousness to important distinctions. Others simply didn��t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over buy, Isolde on the basis of the first of the enumerated acts: ��a) transacting any business within the State.�� The claim for Best writing service answers, relief, the Research papers $100,000 breach of contract, arises from the Best writing service defendant��s act of Research 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 the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of Literary argument state act, the signing of the contract, which causes an in papers state result, the execution of the service answers contract. [It is probably not necessary to stretch the construction of the papers statute as the court did in Best Gray to hold that it confers jurisdiction, given the facts of Research papers buy this problem. The statute covers transacting business in the forum state ��directly or by an agent.�� Like McShara in Online 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 papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for 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. Supreme Court defined the due process standard as it relates to papers buy, imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only Best if the cause of action arises from the defendant��s minimum contacts with the forum, such that the papers buy assertion of What is the 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 Research papers jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in paper the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the Research papers buy contact which gives rise to the claim, the signed loan contract, was brought into the forum by Start writing vocabulary, 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. Research Buy! First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the Literary argument paper documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the papers contract would be executed there, and she could reasonably anticipate being haled into Literary paper court in Research Prussia over any disputes to Buy critical essay earnest, the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to buy, favor First Commercial. In the Answers hero alternative, [In addition?] can Isolde raise any of the fairness factors, defining ��fair play and substantial justice,�� articulated in the US Supreme Court��s Burger King decision? In weighing the buy relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to flashcards kindergarten, require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to Research papers, give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the Buy critical essay being choice of law provision; Prussia has an interest in adjudicating its own laws.

The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the papers 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 essay earnest, study the problems following that opinion in the casebook.]

Jan 27, 2018 Research papers buy, buying essays online -

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Hit us up with any follow-up questions after giving that a read we�ll see if we can help further! Good luck! Hey there Margaret, In order to best understand which template works, it�s a good idea to check out which resume format fits your particular needs; then you can take it from there. https://resumegenius.com/resume-formats. All of the templates were created by professional resume writers, so it�s hard to go wrong with any of them � it just depends on Research your preference. Good luck! It really depends on What is the key code hrw com what job you�re applying for. Since you have substantial work experience, try quantifying that in your resume (think: any numbers that a hiring manager can look at and better understand what you accomplished during your time working there). Check out this page and Research choose the one you find most fitting, that should be a good start: https://resumegenius.com/resume-formats. Good luck on the job hunt! Hey there hbil036,

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5 Tips to Get Your Legal Resume Noticed�From a Lawyer. True story: My first paid job out of law school was obtained largely on the strength of my cover letter. What was my trick? A bit of self-deprecation�specifically, a lazy eye joke. Now, this was the height of the buy, Great Recession; there were no lawyer jobs, and I was applying for a creative writing job with a large legal marketing company. I had applied to hundreds of positions, and had received little to no interest (not even from a paralegal farm paying $12 an essay hour).

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Should you put your education first, or your work experience first? Bury the boring. But not at the bottom�stick it in the middle. Why? Primacy and recency.

According to a psychological concept called the Primacy Effect, you�re more likely to remember that which comes first, e.g., those all-important first impressions. The Recency Effect refers to key code hrw com, the idea that you�re more likely to remember what just happened�those impressive skills or case outcomes you put at the bottom of the resume will be fresh in a hiring manager�s mind when they stop reading. What about the middle? Stuff your weakest points there. Research Papers! If you went to What is the key code hrw com, a mediocre school, or had a mediocre GPA, stick that in the middle and start with work experience. No work experience? Start with education and put the summer clerkships or clinics in the middle. I did work for the Innocence Project in law school. There are parts of the country where, if I were to apply to Research papers buy, a prosecutor�s job with that on my resume, they�d call me a namby-pamby boy and service light my application on fire. On the other hand, I also was a member of the papers buy, Federalist Society and president of the law school�s firearm, hunting, and fishing club. Public defenders� offices probably view those extracurriculars as a mark of Lucifer himself.

Get the point? It may seem like a pain, but we�re really talking about trimming the fine details here�deleting a bullet point or volunteer gig to appease the gatekeepers. You probably don�t even need to make one resume per job. Instead, make one per category: one resume geared towards public defenders, another for prosecutors� offices, etc. I�ve been my own boss. I�ve worked in mid-sized firms. I�ve clerked for solo and small firms.

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Financially speaking, most of buy them make as much as or more than their firm-employed counterparts. Online! And, if you�re worried about Research buy learning the Answers to my homework hero, law, or about figuring out Research papers, how to practice, consider this: I learned more with a mentor and What is the key code hrw com a six months of my own time than I did in eighteen months in Research papers buy, a big firm full of experienced lawyers. A firm with a proper mentorship or training program is Answers hero a godsend for new attorneys, but it�s not the only way. There are plenty of basics to follow when writing a legal resume. Stick to conservative fonts, choose standard margins, and papers buy keep it all in black. Also, keep it to one page, (unless you have a really compelling list of uk essay writing answers publications and speaking engagements that will enthrall the Research buy, reader and will justify a second page) and flashcards proofread, proofread, proofread. Follow those basics, combined with the Research, tips above, and you just might stand out from other applicants and land your dream job. Got any burning questions that I didn�t address? Ask away in the comments section below. Like this post? Want more like it?

Subscribe to weekly emails from the Clio blog, and never miss an idea for improving your practice. Get fresh ideas for law firm growth, straight to your inbox. � 2017 Themis Solutions Inc. Learn more ways to homework hero, grow your law firm and improve your practice with our weekly blog email.

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�Jane Eyre� and Research buy, �Hard Times� as Bildungsroman Novels Essay. The traditional Bildungsroman novel is autobiographical in form and displays similarities with the author�s own life, mostly with regard to childhood experiences. The novel displays a single individuals growth and development within the context of a defined social order. In most cases the protagonist is orphaned and experiences some form of Online, loss or discontentment in order to Research buy spur them away from the family home or setting. The education of the main character is another aspect, which is crucial to their growth and development within the novel. It states in Online flashcards Todd (1980; 161) 1. that? �Ideally Bildungsroman heroes, who continue to Research papers buy pursue their own adolescent ideals and inclinations, are expected to conform eventually to a predetermined identity and uk essay, become integrated with the society whose values are creating and molding them�.

Charles Dickens wrote Great Expectations and described Pips childhood experiences in great detail. It has been argued that most of the Research buy child characters Dickens portrayed in his novels resembled that of his own childhood experiences. Like Pip, Dickens received very little in the way of formal education. Charlotte Bronte uses many similarities in Jane Eyre that could be argued resemble her own experiences. Best Writing Answers? She too like that of Jane was the daughter of a clergyman and was sent to a school called Norwood, which bares many similarities with that of Lowood. Papers Buy? She also became a governess and this suggests that her own experience of Literary argument paper, a middle class working woman fighting to find a place in Research papers Victorian society was used to express her own views of life in that of Jane Eyre. In Great Expectations, Pip is typical of the main character in a Bildungsroman novel, as he is an orphan.

Pip is brought up in a working class environment with his older sister and her husband, Joe Gargery. Pip rejects Joe as a substitute father and looks on uk essay writing service him as more of a friend. This is evident in the passage when Joe states?�you and me is always friends� (12;ch.2) 2. The absence of a father figure for Pip reinforces the need for him to find some sense of identity and belonging in society. The possibility of a better life becomes apparent to Pip on his first meeting with Estella and Research papers, Mrs. Haversham at Satis House. It is at this stage in the novel that Pip realises for the first time that he is of a lower social status. Online Kindergarten? It is Research papers buy evident that Pip is aware of Start essay writing vocabulary, his social status when he says �I had never thought of being ashamed of my hands before; but I began to consider them a very different pair� (60;ch.8) 3. In Jane Eyre, once again the main character is typical of the Bildungsroman. Jane is an orphan living with her relatives, the Research buy Reeds. However she is brought up in a middle class society but is reminded that she is an outcast. Jane�s struggle with her identity and place in Literary argument paper society began before she was born, with her mother marrying a poor clergyman, who was considered beneath her by Research buy her family.

Jane also experiences conflict within class structures in society. This is evident when the Reeds attempt to bully and suppress Jane at every opportunity they can, reminding her that she has no money that she can rightfully call her own. Best Answers? Jane�s struggle is not only to find a place in Research papers buy society but also to find a place in society as a woman. Jane is aware from an early age that she has no power as a female of her social status, while John Reed is fully aware of his importance as a male. Thus Jane�s educational growth begins when she is unjustly locked in the red room at Gateshead and is sent away to to my Lowood to be educated.

Once again although Jane receives a formal education, she embarks on her own educational growth in life towards maturity and finding an acceptable place in society. Jane�s struggle and discontentment is buy evident in the various stages of the novel. Firstly as already stated at Gateshead and again at Lowood, where she was subjected to terrible humiliation and degradation at Online the hands of the Reverend Brocklehurst. It seems that Bronte was suggesting that all men in society, even holy men, treated woman unjustly. Even Jane�s relationship with Rochester at Thornfield remind Jane that as a middle class woman, who had to earn her own living, she did not fit into conventional society. Being a governess meant that Jane was educated to the extent of a lady but being paid a salary put her almost at the level of the Research papers buy servants. Even though Jane loves Rochester she is not prepared to Start essay vocabulary become his mistress, as he is already married to Bertha, leaving Jane no alternative but to leave Thornfield to Research buy embark on the next stage of her journey within the novel. It is clear that she was searching for What is the for my hrw com, her own identity when she states to Research Rochester? �I tell you I must go?Do you think I can stay to become nothing to Literary argument paper you? Do you think that I am an automaton? ?a machine without feelings?

And can bear to have my morsel of bread snatched from my lips, and my drop of living water dashed from Research my cup? Do you think, because I am poor, obscure, plain, and little, I am soulless and heartless? You think wrong� (252;ch 23) 4. Whilst at Moor House, Jane�s relationship with St John Rivers, once again reminds Jane of her status within society. She is essay writing not in love with St John and he is not with her but he still tries to Research papers buy repress Jane by argument expecting her to buy marry him and Answers to my hero, accompany him as a missionary�s wife to Africa. Research Papers Buy? Jane is not prepared to marry him and is well aware of the implications if she is to go away with him, as a friend. Buy Critical Essay Being Earnest? Although Jane struggles to find her rightful place in society she always believes that she is equal to those around her.

Pip�s education begins not in the formal sense of the Research papers buy word but within his own personal growth. He feels sure that if he were to become a gentleman, it would make him a better person and he would better himself within society. His ultimate goal is to become a gentleman and win Estella�s love. It is this desire that makes Pip unhappy with his life at the forge and the prospect of becoming a mere blacksmith. Pip�s education was very limited and although he was sent to evening school whilst he apprenticed to Joe, he learnt more in terms of a formal education from Biddy. He states?�At last I began, in a purblind groping way, to read, write and cipher� (44;ch7) 5. Pip�s education is is the hrw com again typical of the Bildungsroman in buy that he is What key code hrw com unassisted and self-educated.

His desire to leave the forge is fulfilled when he is papers buy visited by Mr. Jaggers, who tells Pip of Best uk essay writing, his inheritance and the mysterious benefactor, whom Pip believes is Miss Haversham. This becomes evident in buy the novel when Pip states?�Miss Haversham was going to make my fortune on essay writing a grand scale� (138;ch18) 6. This change from poor working class to a rich gentleman is once again typical of the Bildungsroman but not in the traditional sense. Usually a man has to work to earn his money and become a gentleman, which is contrary to buy the way that Pip has earned his fortune. Pip�s inheritance changes Pip from a likeable innocent character into one that desires unrealistic expectations for What key code, his life.

Due to buy his good fortune, Pip now looks down on his family as beneath him and considers Joe to be common and uneducated. This is Buy critical essay evident when he tells Biddy that Joe? �Is rather backward in Research papers some things. For instance in his learning and his manners�. (148;ch19) 7. Jane�s material wealth is once again inherited but this is in for my the final stages of her development as a character within the novel. This is where the similarities end between Jane and Pip, concerning money. Jane is fully aware of the value of money since she has had to work to provide for herself. Papers? By inheriting she manages to Literary argument secure her rightful place in society. Pip however does not know the true value of money and thinks that it is the answer to all his problems.

His snobbery becomes evident when he realises that his true benefactor is Magwitch, the convict, who he encounters in the first stage of the novel. On realising this fact he is disgusted that his benefactor is a murderer, a twist in the novel, which seems to teach Pip a lesson about Research, gentleman in society. Pip realises that money does not make you a gentleman and real gentleman have qualities, which money cannot buy. Once again as seen with Jane Eyre, Pip leaves his home to essay writing embark on a journey of education, leaving the buy forge, which is kindergarten situated, on the marshes, near the Research papers Thames for London. Again this conforms to the typical Bildungsroman novel, where the main character will embark on a journey, usually leaving a small provincial town for the big city, in Literary order to Research buy find his trade or occupation. Often this will be a disappointing experience, where hopes and dreams are shattered and a realisation of Answers to my homework hero, what they had left behind them was not so bad.

Although with Pip he does not work when he gets to London, Jane has to work as a governess in order to survive. It is in London that Pip embarks on the next stage of papers buy, his educational growth, in order to find his real self. Pip squanders his money socialising in order to establish himself as a gentleman but by doing this he only succeeds in getting himself and his roommate, Herbert Pocket into uk essay answers, serious financial difficulty. Pip feels sure that Mrs. Haversham intends him to papers buy marry Estella and the realisation that this is not so, does not enter Pip�s head until his encounter with Magwitch in London. Pip states?�Miss Haversham�s intentions towards me, all a mere dream; Estella not designed for Start essay writing, me; I only suffered in Satis House as a convenience.� (323;ch39) 8. Once again the Research similarity with Jane becomes apparent in Best writing service that Pip experiences disappointment in Research buy matters of love. This conforms to the Bildungsroman, where the individual will encounter love affairs or sexual encounters within their educational journey, which are disastrous.

In the final stages of the novel there is usually, according to the traditional Bildungsroman, a lesson to be learned before the character is fully matured. Is The Key Code For My Hrw Com? Pip learns just how wrong he was about what qualities make a true gentleman. This is apparent when he finds out his benefactor is Magwitch, the murderer. Although at first this was a shock for Pip, he realises just how much Magwitch has sacrificed for him by buy returning to England and risking capture by the police. Pip also feels guilty about the way he has snubbed Joe when he came to Answers homework hero see him in London and the fact that he felt ashamed of him.

This embarrassment was evident when he stated that?�If I could have kept him away by paying money, I certainly would have paid money� (218;ch27) 9. Pip realises the error of his ways and papers, tries to make amends by helping Magwitch escape his captures. He also finds out that Estella is Magwith�s daughter, which is ironic as Estella frowned upon the working classes, only to flashcards be the offspring of something far worse, a criminal. Although Magwitch dies, Pip was by his side and gave him comfort in his last hours. After his illness he returns to the forge to Joe and Research papers buy, Biddy, penniless since the crown reclaimed his inheritance. He has learnt a valuable lesson and writing, has come full circle by returning to his roots without a penny, fully matured and understanding the real qualities of buy, a gentleman. Jane also returns to her roots by attending the side of her Aunt Reed at her deathbed, only to find that the Reeds have suffered and lost most of their wealth at the hands of John Reed. John Reed has received his comeuppance and Literary paper, died at an early age. When Jane inherits her Uncle�s money and discovers who her real family are, she returns to Rochester only to find out that he has been maimed in the fire at Thornfield. It seems that Jane has also returned to her past to Research find happiness with Rochester. She is now a lady and is accepted as Rochester�s wife in society.

Jane had to be a woman in her own right in order to be able to key code for my conform to society. Although Jane has fought for papers buy, most of Literary argument, her life against the social order, in the end she does not challenge but upholds the values of society. Dickens and Bronte both express strong opinions in their novels about Victorian society. Dickens implies through the development of Pip that middle class values were hypocritical. He suggests that moral values such as generosity and kindness were far more important than being rich and powerful. Dickens reinforces this by allowing Pip to become rich and then lose his money. If Dickens had allowed Pip to stay wealthy, then he would not have been able to emphasise his point to the reader. He also questions moral values through the character of Magwitch.

He illustrates that people of low social status are capable of possessing better qualities than that of the papers rich and powerful, who were considered to be far superior as human beings. By doing this he goes one step further and insinuates that the justice system is corrupt. He does this through the character of Magwitch, who is killed at the hands of the law and possesses the qualities that Dickens promotes. Bronte suggests that patriarchal society was hypocritical since men preached values that they could not uphold themselves. The rules were made by men and were allowed to be broken by men.

Rochester is allowed to Start vocabulary take mistresses, which is accepted in society but if had Jane become his mistress, she would have been considered an immoral woman. Brocklehurst expected the patrons of his school to look plain, yet his own wife and children were decked with frills and curls. Bronte suggests that Victorian society promoted values that were one sided and treated women unjustly. University/College: University of California. Type of paper: Thesis/Dissertation Chapter. Date: 18 June 2016. Let us write you a custom essay sample on �Jane Eyre� and �Hard Times� as Bildungsroman Novels. for only $16.38 $13.9/page. Haven't found the Essay You Want? Get your custom essay sample.

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