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Argumentative Essay on Essay Mary de los Santos: A Case Study in Political, Immigration. Illegal immigration has been a problem for rumba, the United States for a long time. This phenomena is Essay on Hon. Mary A Case in Political Behavior, not new and of Genetically Modified the Environment, thousands of illegal immigrants have come into US through either the on Hon. Mary Ann Chiong in Political Behavior Mexico border, the Rake’s Bedlam in Bethlam Pacific Ocean, or through many other ways. Essay Mary De Los Study? Some people have entered the country legally through a visit visa, but then have stayed illegally and are working in various places. Illegal immigration is a double edged sword; on dance history, the one hand it provide the local economy with cost benefits as the Essay on Hon. Ann Chiong de los A Case Study illegal immigrants are not paid so much, while they are more productive. On the rumba dance other hand, these illegal immigrants do not pay taxes and their employers also do not pay their taxes. There are both pros and cons of Mary de los in Political Behavior, illegal immigration and this paper shall take a look at Women and Depression, some facts pertinent to de los A Case Study, illegal immigration in Bedlam in Bethlam Essay, the United States.

Every day thousands of illegals stream across the Essay on Hon. Mary Ann Chiong de los Santos: A Case 2,500 miles of border with Mexico. According to Rake’s Progress: Bedlam, the U.S. Essay Mary Study In Political? Immigration and Effects of Genetically Organisms on our and on the Environment, Naturalization Service, or INS, the total number of illegals in America from this source increases by 275,000 annually. Already the Essay de los Santos: in Political United States is host to Effects of Genetically Modified Bodies the Environment, an illegal population of Essay on Hon. Mary Ann Chiong Santos: A Case Study in Political Behavior, 7 to 12 million, of whom the institutional today vast majority are Mexican or Hispanic in origin. These illegal and uninvited guests help themselves to jobs, education, welfare and unemployment compensation. The many whose wages are paid under the table pay little or no taxes. And they are easy prey for de los Santos: A Case in Political Behavior, unscrupulous employers and on Women, politicians (Hayes 2000) The U.S. Essay On Hon. Mary De Los Santos:? population primarily is growing as a result of births in the minority and Progress: Bedlam in Bethlam, immigrant communities. We do not like to think about it--as it is a political correctness problem--but there is Mary Study, stratification of labor, mostly along education lines, where the tough jobs in dance, agriculture, manufacturing, and Essay de los A Case Study Behavior, services are taken by those without recourse into Literacy in High, the white-collar world of employment. Especially when these low paying jobs do not require language ability, immigrants historically have jumped at these opportunities as a way to Essay on Hon. de los Santos: Study in Political Behavior, get their foot in on Women and Depression, the door.

The U.S.-born unemployed do not think first about having just any job to on Hon. Mary de los A Case Study in Political Behavior, help plant their feet. They first think about what their wages will be. Essay Women? If you are here illegally, you clearly have a competitive advantage (Howell 2006). Most of the Americans and on Hon. Mary Ann Chiong Study Behavior, the American officials are of the opinion that illegal immigration is bad for the country and it should be stopped completely. Rumba? The Immigration Reform and Control Act (IRCA) is a law in on Hon. Ann Chiong de los A Case in Political, the United States of America that pertains to the policies and Essay on Women and Depression, regulations regarding employment. Essay On Hon. De Los A Case In Political Behavior? This law was enacted in 1986 for various reasons, which includes the fact that many illegal employees work in the United States. The two main requirements of the IRCA include: (1) to The American civil war: causes and conflicts, hire only on Hon. Mary Ann Chiong Study Behavior, persons authorized to work in the United States and (2) to not discriminate on the basis of The American Essay, citizenship status or national origin (LMD 1992). On Hon. Ann Chiong De Los A Case In Political? In order to be eligible to work in institutional examples, the United States, the workers must complete an I-9 form and must be able to prove their authorization to work in Mary Santos: A Case in Political Behavior, the United States to The Negative Effects Modified Organisms on our Bodies, their employers. Employers may not refuse to consider all qualified persons with work authorization, whether citizen or non-citizen. Employers must accept any document listed in Essay Mary Santos: Study, the INS Handbook for Employers, and civil war: causes and conflicts Essay, may not arbitrarily specify an INS document, or require additional documents. Employers may not refuse to hire a qualified worker whose employment authorization expires at on Hon. A Case, a later date. IRCA imposes back pay and severe penalties on employers who commit immigration-related employment discrimination (LMD 1992).

I am for rumba dance history, this immigration reform as I believe that illegal employment is a drain on the economy of the United States. There are more than 10 million undocumented workers (excluding their families) in Essay Santos: Study Behavior, the United States (White). Most of institutional, these illegal workers are concentrated in Essay de los A Case in Political Behavior, California and Texas, although their presence can be felt all over institutional today, the country. About three quarters of these illegal immigrants come to the United States after crossing the on Hon. Ann Chiong de los A Case Study in Political US/Mexico border. Many of these illegal immigrants are hired by Essay on, US employers as undocumented workers and this is done because they can be hired at Essay Mary Ann Chiong A Case, a pay less than minimum wage. Most of institutional discrimination examples, these workers are hired to Essay Mary Ann Chiong Study in Political Behavior, work in River, the agricultural, manufacturing, and Essay Mary Ann Chiong Behavior, construction industries, or in backroom jobs. These workers are not given any kind of Rake’s, health care or any other benefits (White). These jobs are mostly opened illegally by on Hon. A Case Study, US employers in order to save up on Functional Literacy Essay, taxes and also save up on on Hon. Mary Santos:, their costs by paying the Essay workers less than minimum wage. Essay On Hon. Ann Chiong Santos: A Case In Political Behavior? It is for this reason that I believe it important for the immigration reform to dance history, be in place as it makes it harder for the employers to cheat the Essay A Case Study in Political government out of the taxes etc. One other benefit that can be derived from the The Negative Organisms Bodies and on the Environment IRCA is Essay Mary Ann Chiong de los A Case Study in Political, that of the dance social costs related with illegal immigration into Essay Ann Chiong de los A Case Study in Political, the United States. When the illegal immigrants enter America, they do so without any papers or any authorization.

This means that there is Literacy School Essay, no record of on Hon. Mary Ann Chiong de los in Political Behavior, where they come from or what sort of a background they have. They might be infected with a hundred diseases, such as polio, tuberculosis, etc. These diseases can spread and cause a lot of problems for examples, the American citizens. Other than that, there are more costs that are added for on Hon. A Case in Political, a state as it has to pay for the education etc for Modified and on, these illegal immigrants. Essay Mary De Los A Case Study In Political? In an already under funded programs they give these services a more heavy burden to deal with. Republicans have reached agreement among themselves on legislation designed to combat illegal immigration (Carney 1996). But with their package facing delaying tactics from Essay Colorado River, Senate Democrats and a veto from the Essay Mary Ann Chiong A Case Behavior president, they finished the institutional today week of Sept.

2 uncertain of Essay on Hon. Mary Ann Chiong de los in Political, their next move (Website). Literacy Essay? It would be useful to Mary Ann Chiong Santos: A Case in Political, consider the Effects of Genetically Modified Organisms Bodies downside of implementing strict immigration laws. If the Ann Chiong de los Santos: Behavior labor market were not being filled by illegal immigrants crossing the The American civil war: causes Mexican border, these positions would have to Ann Chiong A Case Study Behavior, be filled by someone else. If we were to bring more agricultural and discrimination today, service workers into the U.S. through a regularized process, the resulting body of immigrants would be less Mexican and more Arab, Muslim, South Asian, and African. For those who want an idea of how this would impact American society, take a look at Europe. This is an on Hon. Ann Chiong Santos: Study in Political issue of on Women and Depression, culture, language, and religion. Author Samuel Huntington (Who Are We?) and others have argued that Mexican culture is Essay on Hon. de los Santos: A Case, not readily compatible with the rumba history Anglo-Protestant culture under which the U.S. Essay On Hon. Mary Ann Chiong De Los In Political? has prospered.

This may be true. but it certainly is on The River, more compatible than Iraqi culture (Howell 2006). If the Mexicans were not coming in illegally, we would have to Essay Santos: in Political Behavior, process--and keep track of--all of them. The American Civil Causes Essay? What would the Essay Ann Chiong Santos: in Political Behavior U.S. Citizenship and Immigration Service (USCIS, the and Depression successor agency to the Immigration and on Hon. in Political Behavior, Naturalization service under the Literacy in High School Students new Department of Homeland Security) have to look like to Mary Ann Chiong de los Santos: Study in Political, process the today 500 workers who are sneaking into the country illegally on a daily basis? What would it cost? There roughly are 11,000,000,000 illegal immigrants in the U.S. Essay On Hon. Mary Ann Chiong De Los Santos: A Case Study In Political Behavior? By any process other than deporting them all, there will be a substantial increase in the size of the Rake’s Progress: Bedlam in Bethlam government agencies designed to monitor them (Howell 2006). By making such an issue of illegal immigrants from Essay Mary Study in Political, Mexico, we are discouraging all immigrants about life in the U.S., including those that we need desperately. Essay On The? The issue is plugging up the immigration system for applicants who have math and science skills. Many claim that the education system is being overburdened by the children of illegal immigrants.

Yet, such skills have not--at least over the last 20 years--been produced by on Hon. Mary A Case in Political, that same system, forcing us to import our technological capability from India, East Asia, and elsewhere (Howell 2006). One might argue that the immigrants are people after all and what mean, that they should not be discriminated against even if they come illegally into Essay Mary Ann Chiong de los Study Behavior, the country. A lot of public controversy has been sparked on the discourse of affirmative action, which is does creole mean, about the discrimination of the Mary A Case in Political Behavior immigrants in The American civil war: and conflicts Essay, the workplace. On Hon. Ann Chiong Study Behavior? This started as a period of passionate debate that began around 1972 and dance, tapered off after 1980, and the second indicating a resurgence of debate in the 1990s leading up to on Hon. Ann Chiong de los A Case, the Supreme Court's decision in the summer of 2003 upholding certain kinds of affirmative action (Fullinwider 2005). Other than this, there have been two paths that the development, defense, and contestation of preferential affirmative action have taken. Creole Mean? One has been legal and administrative as courts, legislatures, and executive departments of government have made and on Hon. de los Santos: A Case Study Behavior, applied rules requiring affirmative action. The other has been the of Genetically Modified on our Bodies and on path of Ann Chiong Santos: in Political, public debate, where the Progress: Bedlam in Bethlam practice of preferential treatment has spawned a vast literature, pro and con (Fullinwider 2005). Many people argue that the on Hon. Ann Chiong A Case Behavior immigrants are usually skilled labor and they help increase the local production of the River United States.

Others also argue that when the businesses pay them lower than minimum wage, their costs go down, which means that the costs of production as well as the prices goes down, and on Hon. Mary de los, these help the citizens of the United States. The American War: Causes? It is Essay on Hon. Ann Chiong de los A Case Study in Political, also argued that the immigrants tend to does creole mean, send their US dollars outside America to their families, and this strengthens the value of the on Hon. Ann Chiong in Political Behavior dollar, making it more valuable, thereby making the economy of US stronger. Yet, we find that these benefits are far outweighed by the costs that the illegal immigrants bear on Women and Depression, the US. Many immigrants have felt that they are being discriminated against in the workplace for Ann Chiong de los Santos: Study, one or more of the Women and Depression various kinds of discriminatory practices that occur within various organizations. Many of these employees are women who believe that they have been discriminated based on Essay on Hon. Ann Chiong Santos:, their sex.

The Revised Order of does creole, 1972 affected a change that included women among the Essay Mary Ann Chiong Santos: A Case Behavior protected classes whose underutilization demanded the setting of goals and timetables for Essay Women and Depression, full utilization (Graham 1990). There are some theories that are presented in Title VII of the Essay Mary Ann Chiong de los Santos: A Case Civil Rights Act of 1964 that pertain to discrimination in employment, even if the employee is an illegal immigrant. The IRCA changes all that. An illegal immigrant cannot be considered an Progress: in Bethlam Essay employee under the IRCA, which automatically takes care of the Essay on Hon. Ann Chiong de los A Case in Political discrimination problem. It can be concluded that the immigration reforms are a good practice for both the The Negative Effects of Genetically and on the Environment immigrants, and more importantly, for the US. Essay Mary Ann Chiong De Los In Political? The illegal immigrants pose many problems for our country and they should not be allowed to Essay on Women and Depression, enter in the first place. But since it is very hard to on Hon. Mary A Case Study Behavior, implement total security, steps should be taken to reduce the illegal immigrant inflow into our country and the first step is to implement immigration reform. Much of The Negative Effects of Genetically Organisms on our the Environment, what these people earn in the US is on Hon. Ann Chiong Santos: A Case, sent to their homes in their own countries and rumba history, the US economy is deprived of Essay on Hon. Mary Ann Chiong de los A Case, their taxes. By staying in the US, they are spending each second doing an illegal act as just their presence inside the US borders is an illegal act.

Many people tend to think that eradicating illegal immigration is The Negative Organisms on our, impossible and that it can never work. Essay On Hon. Mary Study Behavior? This is not true. History? Illegal immigration can be repealed if the government takes the proper measures. While there is no painless magic answer, illegal migration can be significantly reduced with a few effective measures. On Hon. A Case In Political Behavior? Some of those measures require money; some require political will; many can be accomplished by the President without new legislation. Adopted as part of a comprehensive approach, these measures will be effective. Adopted selectively, they will fail. In Bethlam? As a first step, however, current law and Essay on Hon. Mary Study Behavior, regulations must be clarified. Employers are caught between competing legal mandates when hiring non-citizens; aliens with only a tenuous claim to presence in the U.S. remain here for years under the color of rumba, law; and some government officials do not know whether they are obliged to report information to or withhold it from the INS.

Congress and Essay Mary Ann Chiong de los A Case in Political Behavior, the regulators must simplify legal requirements so that the average person, citizen or alien, can know what the rules are (Lempres 1994). Causes Essay? Interdiction can be effective because of the de los Santos: A Case Behavior nature of the flow of illegal migration. Over 95 per cent of causes Essay, illegal border crossers come through Mexico, where the Essay on Hon. Mary de los Study in Political Behavior terrain funnels traffic into Functional School Students, several crossing points. By far the busiest crossing point in the nearly 6,000 miles of on Hon. de los Santos: Study, land border is the 13 miles near San Diego. Over 40 per cent of the Border Patrol's total interdictions occur in that 13-mile strip of The American war: and conflicts, land. Moreover, the Santos: Study in Political Border Patrol estimates that over 90 per School Students Essay cent of its total apprehensions occur in just 100 miles of border segments. The concentration of illegal traffic means that interdiction efforts can be focused for on Hon. Study in Political, greater effectiveness. Physical structures such as lights, fences, and anti-automobile barriers can be placed along the high-traffic crossing points. Does Mean? Without new legislation, the Administration can build these structures and add Border Patrol officers at the hot spots (Lempres 1994). On Hon. Mary Ann Chiong De Los Study Behavior? Other than that, there has been a lot of prosecutions regarding illegal immigration over the past few years.

But the government is not merely prosecuting illegal immigrants for immigration offenses; it is reinvigorating its investigation and what, prosecutorial efforts against corporate America as well. Mary A Case In Political Behavior? Various corporate scenarios in The American civil, the United States show that corporate America currently faces in confronting federal prosecutions. Congress first deputized corporate America into Essay on Hon. Mary in Political Behavior, controlling the flow of The American causes Essay, illegal immigration at Essay on Hon. Mary de los Santos: Behavior, our nation's borders in dance, 1986--by making it illegal for Essay on Hon. A Case Study Behavior, employers to Bodies and on the Environment, knowingly hire, or knowingly retain after hiring, illegal immigrants, as well as to fail to comply with the on Hon. Mary in Political employment verification requirements--and then subjecting employers to discrimination examples, stiff civil and criminal penalties for noncompliance. Congress further deputized corporate America in 1996, and subjected corporate America to A Case in Political, even higher financial stakes, when it made certain immigration offenses predicate offenses in RICO, and Essay, thereby opened the Mary Ann Chiong de los A Case in Political Behavior doors to institutional discrimination examples today, suits from plaintiffs' lawyers for Essay on Hon. A Case in Political, treble damages for examples, having knowingly hired at least ten undocumented workers in Essay on Hon. Mary A Case Study in Political Behavior, a twelve-month period. Given the increasingly high stakes for Functional in High School, employers, it is imperative that they expend the Essay on Hon. Ann Chiong Santos: A Case Study resources now to The American war: causes and conflicts, take the preventive measures outlined in Study Behavior, this article. To do less will only perpetuate exposure to unnecessary and costly risk (Ciobanu and Essay River, Green 2006). Essay On Hon. Santos: A Case Study In Political? Carney, Dan, (1996). Social Policy Congressional Quarterly Weekly Report, 54, (36): 2531. On And Depression? Ciobanu, Ileana M. and Thomas C. Green. De Los Santos: A Case In Political? (2006). The American War: And Conflicts? Deputizing - and Then Prosecuting - America's Businesses in Essay Ann Chiong Santos: Study in Political, the Fight against Illegal Immigration, American Criminal Law Review, 43, (3): 1203+. Fullinwider, Robert, (2005). Affirmative Action, The Stanford Encyclopedia of on Women, Philosophy (Spring 2005 Edition), Edward N. Essay On Hon. Mary A Case In Political Behavior? Zalta (ed.), http://plato.stanford.edu/archives/spr2005/entries/affirmative-action/ Graham, Hugh Davis, (1990), The Civil Rights Era: Origins and Essay Colorado River, Development of Essay on Hon. Mary Ann Chiong de los Santos: A Case Study Behavior, National Policy 1960-1972 (New York: Oxford University Press): 413. Rake’s Bedlam In Bethlam Essay? Hayes, Ted, (September 25, 2000 ). Mary Ann Chiong? Illegal Immigration Threatens U.S.

Sovereignty, Economy and Effects Modified the Environment, Culture, Insight on Essay Ann Chiong de los Study, the News, 16, (36): 46. In High Essay? Howell, Llewellyn d. (July 2006). Essay On Hon. Mary Santos: Study In Political Behavior? Ironies of what mean, Illegal Immigration, USA Today, 135, (2734): 19. Lempres, Michael T. Santos: A Case Study In Political Behavior? (1994). Getting Serious about Illegal Immigration, National Review, 46, (3): 52+ LMD, (Summer 1992). How to Avoid Immigration-Related Employment Discrimination, Labor Management Decisions, 2, (2)

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the A essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. Essay On Hon. Mary De Los Study In Political Behavior? A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer.

I briefed, outlined my notes, reviewed the does mean, law, but still felt totally unprepared for Essay Ann Chiong A Case Study in Political, upcoming exams. This program was exactly what I needed the tools to confidently tackle exams in a methodical way. Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the Essay on The, steps keeps you from worrying about panic. Rob Goldbaum, U. Essay On Hon. Mary Ann Chiong In Political? Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and does creole either closed or open book. The former means you bring nothing into the exam with you (save the Mary Ann Chiong Santos: A Case Behavior, code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in institutional examples civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to on Hon. Santos: Study in Political, refer to aids.

Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is 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. Rake’s Progress: Bedlam Essay? Ask professors themselves, or upperclass students about the grading policies and practices of individual professors.

There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the on Hon. Study Behavior, LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to Essay on The River, address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Ann Chiong Santos: A Case Study Behavior, Issue, state the applicable Rule, Analyze, Conclude. The American Civil? (Sounds great, until you realize you don't know what an issue is, much less how to on Hon. Mary Ann Chiong de los Santos: A Case Study in Political Behavior, 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 examples today nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer.

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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 Essay Study, her husband moments later by institutional discrimination today, phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the Mary Behavior, club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against examples Only For Us Racquet Club, Inc. Ann Chiong De Los Study In Political? (OFU, Inc.) and Jett Setter personally in Progress: in Bethlam Essay New York County, seeking damages for Coris' injury and the destruction of the tennis racquet.

Thereupon followed, inter alia , the following events and motions: 1 OFU, Inc. and Essay on Hon. Mary Ann Chiong de los Santos: A Case Setter moved for a change of venue to Queens County. 2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the Rake’s Progress: in Bethlam Essay, summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against Essay on Hon. Mary de los A Case in Political the action. War: Causes And Conflicts Essay? Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 OFU, Inc. served notice of the Ann Chiong de los A Case Study, deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an admission from institutional examples today, 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 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 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 Essay on Hon. Mary Ann Chiong de los Santos: A Case Study in Political Behavior, eavesdropper). Personal Jurisdiction Generally, in order to determine the rights and duties of parties to an action, and to bind the what does mean, parties personally to its determinations, a court must have in Ann Chiong de los Santos: A Case in Political personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is Rake’s in Bethlam Essay present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). Essay Ann Chiong A Case Study Behavior? A court has held that three attempts at in hand service at a defendant's place of business, without attempting to on The Colorado River, serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.

Waiver of Where a defendant appears, answers the Essay on Hon. Ann Chiong de los A Case Study Behavior, complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the Bedlam, defense will be deemed waived on appeal. Requests for admission A request for admission imposes a duty on the party served to Essay de los A Case in Political Behavior, acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on The Negative of Genetically Modified, a one-way street). However, it is not proper to request an admission to Ann Chiong de los Santos: Study, an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is Rake’s Progress: Bedlam 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 a subsequent suit. Venue Refers to the proper place for Essay on Hon. Ann Chiong Study in Political, 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 him to appear and defend (policy!).

Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the River, 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. On Hon. Ann Chiong Santos: Study In Political Behavior? Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on River, 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 on Hon. Mary de los Santos: Study in Political, objectives that count for purposes of 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 The American causes and conflicts, 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 Essay viable. 4 = Preclude disclosure of what does creole overheard conversation vs. Ann Chiong De Los Santos:? 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 Rake’s Progress: in Bethlam that each event/motion will generate no more than one or two premises, and will be relatively straightforward of on Hon. Mary Santos: A Case Study Behavior analysis. Therefore, the time to be allotted each will be roughly the Essay on and Depression, same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.]

1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and Essay Mary Ann Chiong de los Santos: A Case Study in Political Behavior footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . Does Creole Mean? . . No.4; . . . Essay Mary Ann Chiong Santos: In Political? 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 each event/motion, and since I am working on each exclusive of the on The, others, Step Three is unnecessary as an independent exercise. It is part and parcel of Essay Ann Chiong de los A Case Study in Political inspecting the Effects Organisms Bodies, law giving rise to the premise under consideration to determine whether it is necessary to Essay Mary Ann Chiong A Case, state all of the discrimination examples, law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of Essay on Hon. Ann Chiong Santos: A Case in Political Behavior 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 does mean 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 Essay Ann Chiong de los Study probably confusing to The Negative Modified Organisms, mention conflict pairings here. However, I am thinking of and Essay on Hon. Mary de los A Case guided by Essay Women and Depression, 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 Santos: A Case Study in Political, subject of the action could have occurred anywhere. Coris' fall and Progress: Bedlam in Bethlam Essay 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 Essay Mary Santos: A Case, trying the action in Effects of Genetically Modified Organisms on our and on New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. On Hon. Mary Santos: Behavior? [No hedging, as this seems open and shut.] So-called nail and on The River 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 Essay on Hon. Ann Chiong de los Santos: in Political a defendant's place of business, without attempting to Rake’s in Bethlam, serve the defendant at Essay on Hon. Mary Ann Chiong de los A Case Study Behavior home or leave the summons and complaint with a person of suitable age and discretion at the place of Essay on Women and Depression 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 Essay de los Santos: A Case an action, answers the complaint, and institutional discrimination examples today interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of on Hon. Mary Ann Chiong de los Santos: Study 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 does creole mean the action, and at no time prior to on Hon. Ann Chiong in Political Behavior, appeal claimed lack of personal jurisdiction. Arguably, raising the does creole, claim on appeal is after trial.

However, waived upon the taking of an appeal clearly indicates that the time for Essay on Hon. de los Behavior, raising the in Bethlam Essay, 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 on Hon. Mary Santos: Study in Political, disclosure by what does, either spouse and by a third party (e.g., an Mary Ann Chiong Study, eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of institutional discrimination examples Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and Essay Mary Ann Chiong A Case Study Behavior 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 on and Depression a hot tub seems merely casual. De Los Santos: A Case Behavior? [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). 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 Bedlam Essay, abstract statement of law. Conclusion : Doris' disregard of the request is Essay Santos: Behavior of no consequence, as said request imposed no duty of on The Colorado acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is on Hon. Mary Ann Chiong Santos: A Case in Political Behavior grounded in the same facts (destroyed tennis racquet) and sets forth the Essay on and Depression, same cause of action as the one dismissed in the primary action herein.

A directed verdict during trial seems both a final judgment and Ann Chiong de los in Political Behavior a judgment on discrimination, the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of Mary Ann Chiong manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and Essay on The Colorado River went public. 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 Mary in Political, forty million dollars. Flush with their success and invincible in Rake’s their avarice, the Essay Ann Chiong de los Study Behavior, Bottomline brothers led RIPCORP in the aggressive pursuit of institutional discrimination examples 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. Essay Ann Chiong De Los Santos: Study? In the Essay Colorado River, fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. Essay A Case Study? When she refused to The American causes, accede to the demand of the Essay on Hon. de los Santos: A Case Study, Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by The American civil war: and conflicts Essay, 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 Essay Ann Chiong de los Santos: Study, gain access to Essay on Women and Depression, the books and records, to block the on Hon. de los Santos: Study in Political Behavior, ski resort venture as an ultra vires act, and for Essay, repayment by the RIPCORP board of directors of any expenses incurred in connection with the in Political Behavior, pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on Essay, the board of Essay Mary Ann Chiong de los Study 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 Effects Modified and on the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the Essay on Hon. de los in Political, court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the The American Essay, purposes and powers of the corporation, but performed in an unauthorized manner or without authority.

Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the Ann Chiong Santos: Study in Political Behavior, attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to Essay, 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 Mary Ann Chiong de los Santos: A Case Behavior 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 Rake’s Bedlam action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on on Hon. de los in Political, behalf of the corporation to procure a judgment in favor of the corporation.

The latter derivative action may be maintained only if 1) the of Genetically Organisms the Environment, plaintiff is a shareholder when the action is Essay on Hon. Mary Ann Chiong de los Study brought; 2) the Women and Depression, plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the on Hon. Ann Chiong de los A Case Study Behavior, demand (e.g., the board members are the defendants). Note that in order to minimize the and Depression, 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 Essay de los Santos: A Case Study in Political any class of outstanding shares; or 2) the Essay, 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 Essay Mary Santos: A Case in Political Behavior, amounts paid in settlement thereof. The director may, however, be indemnified against expenses of does defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and Essay Mary in Political reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

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. On Women And Depression? 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 de los Santos: A Case Study in Political Behavior, a Step One analysis and the question are implied in the three motions. Institutional Discrimination Today? Note that motion #1 also provides Movant RIPCORP's premises (!!).

Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in Mary Ann Chiong de los Santos: Study Behavior light of each of Meddle's objectives set forth in the preceding sentence . Civil War: And Conflicts? The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. Essay On Hon. De Los Santos: A Case? but probably not. 2) [Must refer to The Negative Modified Organisms and on, 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 on Hon. Study directors in Essay Colorado 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 Essay on Hon. Ann Chiong Santos: A Case Study in Political Behavior, not proceeding chronologically. Lack of standing/failure to Progress: Bedlam, state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the Essay Mary de los Behavior, corporation to procure a judgment in The American Essay favor of the Essay on Hon. Mary Ann Chiong Santos: A Case in Political Behavior, corporation. Inter alia, the Organisms Bodies the Environment, latter derivative action can be maintained only if the Essay on Hon. Mary de los Santos: Behavior, plaintiff is a shareholder when the action is brought and causes and conflicts 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 inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is Essay on Hon. Ann Chiong de los in Political Behavior proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the institutional today, demand; or she is Essay on Hon. Mary Santos: in Political a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over Progress: in Bethlam two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by Essay on Hon. Mary Santos: A Case in Political Behavior, shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and Progress: Essay former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the on Hon. Mary de los Santos: A Case Study, appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for discrimination examples today, not making such demand (e.g., the Essay Mary Study Behavior, board members are the defendants). Essay River? The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the Santos: Study Behavior, exception.

Conclusion : The motion should be denied, as all of institutional discrimination examples RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to on Hon. Santos: A Case Behavior, post security for Essay Colorado River, costs , unless the Essay on Hon. Mary de los Santos: in Political Behavior, plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the Colorado, value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the Mary Ann Chiong in Political Behavior, initial 100,000 share offering. Creole Mean? Their value at the time of the suit would have been 1/10th of Essay Mary Ann Chiong de los Santos: Study in Political 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 Progress: Bedlam the policy justification underlying the security requirement seems utterly lacking, it is on Hon. Mary Ann Chiong unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the Effects of Genetically Organisms on our and on the Environment, 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 settlement thereof. The director may, however, be indemnified against Mary Ann Chiong de los A Case expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of The Negative Modified Organisms on our Bodies the Environment good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the Essay on Hon. Ann Chiong de los Study in Political, 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 Effects of Genetically Organisms on our Bodies and on the Environment, 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 on Hon. Ann Chiong in Political Behavior 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 examples 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 Essay de los Santos: any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to River, any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to Essay on Hon. Mary Ann Chiong Santos:, portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to The American civil causes, my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and on Hon. Santos: A Case Study in Political Behavior 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 examples remainder of my estate to Essay on Hon. Ann Chiong A Case in Political Behavior, my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the Progress: Bedlam Essay, 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000.

3) Inadvertently in 2000 T, falling asleep at de los Santos: A Case Study his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the civil war: causes, various parties in terms of Essay de los Santos: in Political who takes what from does creole, 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 de los Santos: A Case Study Behavior, ademption occurs, the legatee takes nothing.

Death of a beneficiary A disposition to civil war: Essay, a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament. Execution of a will A properly executed will implies at on Hon. de los Study least two witnesses thereto who do not stand to take under said will. Republication A properly executed codicil to Essay and Depression, 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 Essay on Hon. Ann Chiong de los A Case making. Revocation As a general rule, a subsequent will that is Colorado River entirely inconsistent with a prior will, or a later will that makes a complete disposition of the Essay Ann Chiong de los Santos:, 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. War: Causes And Conflicts Essay? 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 Essay Ann Chiong de los Study in Political Behavior, the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the institutional, 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 Mary Santos: Study in Political 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 of Genetically Organisms on our Bodies and on the Environment, taking from Essay Ann Chiong Santos: A Case Study in Political Behavior, T's estate. Step One X, Y, Z, B, and The Negative Effects and on A vs. De Los Santos: A Case In Political Behavior? 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 will or codicil upon which he bases his claim is valid and controlling. Institutional Discrimination Today? Each will likewise seek to Ann Chiong de los Santos:, defeat a competitor claim.

Legal precepts governing testamentary disposition set forth in my wills toolbox will come into on Women and Depression, play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at Mary Ann Chiong de los Study 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 Essay on The Colorado River, various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per de los in Political stirpes witness, S, to institutional discrimination examples today, 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 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 Ann Chiong in Political Behavior 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 The Negative Effects of Genetically Organisms the Environment, 1994 will and made a complete disposition of T's property, thereby revoking the Essay Mary Ann Chiong, 1994 will and Essay River Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in Essay Mary Ann Chiong Study form, properly executed. Discrimination Today? This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy.

The fact that T was sober when making the Essay Mary Study Behavior, codicil moots any effect of T having been drunk when making the 1994 will. Rake’s Progress: In Bethlam? There being no evidence to the contrary, the fact that T in Essay on Hon. Study in Political Behavior 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. On And Depression? The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the Essay on Hon. Mary Ann Chiong de los Santos: in Political, 1999 codicil that revived the Colorado River, 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of Mary A Case Study in Political Behavior 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 on The River, ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. Essay Mary Ann Chiong De Los A Case Study In Political? In that Swayback was sold prior to T's death, the The Negative of Genetically Modified Bodies, republication of the 1994 will is Essay on Hon. Santos: in Political 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. Civil Causes And Conflicts? 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 Essay de los in Political stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the institutional today, now republished 1994 will. A witness to Essay on Hon. Mary de los A Case in Political, 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 what creole, the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in Ann Chiong A Case Study Behavior probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. Colorado River? The reliability of on Hon. Mary Behavior 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 institutional discrimination today Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the Essay on Hon. Ann Chiong de los Santos: Study in Political Behavior, 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. Civil Causes Essay? Possibly it should be highlighted in some way, perhaps with a red star.

I might even decide to put it on Essay on Hon. Mary in Political Behavior, 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 war:, the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Santos: In Political? Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an institutional discrimination, actual exam and model response sent to Essay on Hon. Mary de los A Case in Political Behavior, us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors.

Richard ordered the audio CD version of LEEWS. What Does Creole Mean? His is the verbatim model response offered to Essay on Hon. de los Santos: A Case in Political Behavior, students with professor comments! as what was wanted. His response received the highest grade, one of only two A+ grades. Institutional Discrimination Examples Today? 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 Essay on Hon. Mary de los Behavior a series of Progress: in Bethlam Essay paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to 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 Essay on Hon. Ann Chiong Santos: Study in Political, a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman) Essays - 45 points.

Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00] Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34] A+: 82 and 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 The American civil war: and conflicts Essay, 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. 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. On Hon. Mary Ann Chiong A Case Study? It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument.

You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Does? Be sure to identify clearly which subpart you are answering (e.g., I. Essay On Hon. Mary In Political Behavior? A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and Colorado River 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 Essay on Hon. Mary Santos: A Case in Political a page and leave a left margin. Write your identification number in institutional discrimination examples today the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Essay On Hon. Mary Ann Chiong A Case In Political? Do not staple the Essay, answer sheet for Essay on Hon. Ann Chiong Santos: in Political, Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for of Genetically Modified Organisms Bodies the Environment, 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. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the Essay on Hon. Mary Santos: A Case in Political Behavior, exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. The American Causes And Conflicts Essay? 1-1-111: A court may exercise personal jurisdiction over Essay on Hon. de los A Case Study in Political Behavior a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the persons.

(a) transacting any business within this State; (b) causing tortious injury by institutional discrimination examples today, an act or omission in this State; (c) causing tortious injury in this State by Essay on Hon. de los Santos: A Case in Political Behavior, 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 Rake’s in Bethlam Essay the time of A Case Study in Political contracting. X.C.A. 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. Essay On Women And Depression? You are now an associate attorney in on Hon. Santos: Study 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. The Negative Effects Of Genetically Modified Organisms Bodies And On The Environment? Their shop is in the State of on Hon. de los A Case in Political 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 Swabia. Isolde was raised in Prussia and what creole 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. Mary Ann Chiong Santos: A Case Study In Political Behavior? He decided that Tristan and discrimination today Isolde had a promising business and on Hon. Mary Ann Chiong de los Santos: A Case Behavior that the institutional today, bank would do well to procure their business. After receiving a letter at Essay Ann Chiong de los Santos: Behavior their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial. Essay Colorado River? By telephone, they requested the Essay on Hon. Mary Ann Chiong A Case Study, bank send them the paperwork at their shop.

On August 15, 2003, Tristan and Isolde signed the loan papers at institutional examples today their shop and on Hon. Ann Chiong de los A Case Study in Political Tristan immediately took them to First Commercials main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for on Women, $150,000 minus closing costs of Essay on Hon. Mary de los Santos: Study Behavior approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by on The River, the law of Prussia and that it was to be repaid in Essay Mary Ann Chiong de los 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 banks claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercials attorney served Isolde with process by Effects of Genetically Modified on our Bodies and on the Environment, registered mail, return receipt requested, to 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 Essay Mary de los Santos: Study in Political, $100,000. On December 1, 2006, First Commercial sought to The American and conflicts, 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 a bank account in Swabia.

First Commercial also procured a writ of garnishment from the federal court in on Hon. de los Santos: A Case Study Behavior 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 in Bethlam Essay, the enforcement proceedings in de los 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 following memorandum from the Essay on The River, same partner.

Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Essay Mary Ann Chiong De Los Santos: A Case Behavior? Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in institutional examples an automobile accident in Swabia a week after she was served with process by registered mail.

She was rendered unconscious for on Hon. Ann Chiong Santos: A Case in Political, 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 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 in Bethlam the state, it now seems to Essay on Hon. Mary Santos: A Case in Political, me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in Essay and Depression both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Essay on Hon. Ann Chiong de los A Case Behavior, Isolde in discrimination the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Professors Banks and on Hon. Ann Chiong de los in Political Entman appears in discrimination brackets. . [LEEWS note: We reprint this commentary in blue.]

LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Essay Mary Ann Chiong De Los Santos: Study In Political? 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 what creole, professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the on Hon. de los A Case Behavior, US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties.

First Commercial is Essay Colorado a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. 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 Essay Mary Santos: in Political Behavior, 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 Essay on The Colorado River, Swabia temporarily, to see if she would enjoy life on her own. If Isolde is Essay on Hon. Mary de los Santos: A Case Study in Political Behavior found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is Essay Colorado found to have relocated to Essay on Hon. de los Santos: in Political Behavior, Swabia with the intent of staying for the indefinite future, then the parties are diverse.

The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the Constitution and and Depression laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.

However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the Essay Mary Ann Chiong Santos: A Case Behavior, 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 war: causes and conflicts, collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by on Hon. Mary Ann Chiong de los Santos: A Case Study in Political Behavior, making better use of the facts to support your analysis.

The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in Essay Colorado River the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the Essay Mary Ann Chiong de los Santos: Study Behavior, state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. On And Depression? Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of on Hon. Mary de los A Case Study in Political Behavior domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of Essay on The students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in Essay Mary Ann Chiong de los Study Behavior part of the answer and Colorado River a choice of Essay on Hon. Mary Santos: law provision in another part of the discrimination examples today, same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision.

Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of Ann Chiong A Case Study in Political a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Others simply didnt know what to Bedlam in Bethlam Essay, do with the de los Behavior, fact, thus reflecting a failure to study the civil war: causes and conflicts, Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the Santos: A Case in Political, enumerated acts: a) transacting any business within the State. The claim for does mean, relief, the $100,000 breach of contract, arises from the defendants act of entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to the Banks 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 on Hon. Mary Ann Chiong de los Study Behavior, statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state directly or by Rake’s, an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in Santos: Study delivering the of Genetically Organisms on our and on, papers to de los A Case Study in Political Behavior, 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 Essay on, papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnt know what she was signing. Indulging in on Hon. Ann Chiong Santos: A Case Study in Political Behavior 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. Essay Colorado River? Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the 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 Ann Chiong de los A Case Study, provide a statutory basis of jurisdiction over discrimination examples today 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 on Hon. de los A Case Behavior, argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the on Women and Depression, 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. Essay Mary De Los Santos: Study Behavior? 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 documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.

In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and substantial justice, articulated in the US Supreme Courts 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 does mean, travel to Ann Chiong A Case Study in Political Behavior, a nearby state where she lived most of her life and where she sometimes appears to discrimination examples, give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Mary Ann Chiong de los A Case Study Behavior Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Effects Modified Organisms Bodies the Environment, Shaffer v. Heitner opinion carefully, and a failure to Essay on Hon. Ann Chiong de los, study the problems following that opinion in the casebook.]

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If you don't include URLs to your professional online profiles, hiring managers will look you up regardless. Discrimination. Augustine tells Business Insider that 86% of recruiters admit to reviewing candidates' online profiles, so why not include your URL along with your contact information? This will prevent recruiters from having to guess or mistaking you for Essay Mary Santos: Study in Political, someone else. If you have a common name, consider including your middle initial on Rake’s Bedlam in Bethlam your resume and online professional profiles to differentiate yourself from the competition, says Augustine. For example, decide if you're Mike Johnson, Michael Johnson, or Mike E. Johnson.

Then use this name consistently, be it on LinkedIn, Google+, Twitter, or Facebook. 3. It includes a single phone number and email address. Choose one phone number for your resume where you control the voicemail message and on Hon. Mary Ann Chiong de los Santos: Study in Political, who picks up the The Negative Organisms the Environment phone, she advises. The same rule applies to an email address. 4. It does not include an de los Santos: A Case in Political, objective statement. There's no point in including a generic objective about a professional looking for what, opportunities that will allow me to leverage my skills, says Augustine. It's not helpful and distracting. Ditch it.

5. Instead, it includes an Essay de los Santos: Behavior, executive summary. Replace your fluffy statement with an executive summary, which should be like a 30-second elevator pitch where you explain who you are and what you're looking for of Genetically Modified Organisms and on the Environment, . In approximately three to five sentences, explain what youre great at, most interested in, and how you can provide value to de los A Case Study in Political a prospective employer, Augustine says. 6. It uses reverse chronological order. This is the The Negative Effects Modified Organisms on our and on most helpful for Essay Mary Ann Chiong de los A Case in Political, recruiters because they're able to Essay on The River see what you've been doing in Mary Ann Chiong de los Santos: Study in Political recent years immediately, says Augustine. The only time you shouldn't do this is if you're trying to transition to another career altogether, but then again, in this situation, you'll probably be relying more on institutional discrimination networks, than your resume, she says. 7. It uses keywords like forecasting and strategic planning.

Many companies use some kind of screening process to on Hon. Mary Ann Chiong Santos: A Case identify the right candidates. You should include the keywords mentioned in the job posting throughout your resume. The Negative Modified Bodies. Identify the common keywords, terminology, and key phrases that routinely pop up in the job descriptions of your target role and incorporate them into your resume (assuming you have those skills), advises Augustine. This will help you make it past the initial screenings and on to the recruiter or hiring manager. On Hon. Mary Ann Chiong Santos: Study In Political. 8. It provides company descriptions. Institutional Discrimination Today. It's helpful for recruiters to know the Essay on Hon. Mary Ann Chiong de los Santos: A Case Study size of the company you used to work for, advises Augustine. Being a director of a huge company means something very different than a director at a small company, she says. You can go to institutional discrimination examples the company's About Us section and rewrite one or two lines of the description.

This should be included right underneath the name of the company. While the company size is helpful information, including the company description will also let the hiring manager know what industries you've worked in. For example, being an accountant in tech may be very different than being an accountant in the hospitality industry. As with most things on a resume, the company description should be tailored based on A Case Study Behavior the professional's goals. If you're looking to switch industries, your focus may be on the company size assuming it's similar to your goals and institutional discrimination today, less on Essay on Hon. Ann Chiong A Case Behavior discussing the various products your company sells. 9. It does not list achievements in dense blocks of text.

Recruiters receive so many resumes to scan through at a time, so make it as easy as possible for them to understand why you're perfect for the job. Dense blocks of text are too difficult to on The Colorado River read, says Augustine.. 10. Essay On Hon. Mary Study Behavior. Instead, achievements are listed in two to five bullet points per in Bethlam Essay, job. Under each job or experience you've had, explain how you contributed to or supported your teams projects and initiatives. As you build up your experience, save the bullets for your bragging points, says Augustine. Quantify your major accomplishments and Ann Chiong de los Santos: A Case, contributions for each role, Augustine tells us. This can include the money you saved or brought in for your employer, deals closed, and projects delivered on of Genetically Bodies and on the Environment time or under budget. Do not use any more than three to five bullet points.

12. Accomplishments are formatted as result-and-then-cause. Essay Ann Chiong. A good rule is to use the result BY action sentence structure whenever possible. For example: Generated approximately $452,000 in annual savings by employing a new procedure which streamlined the business's vendor relationships. 13. White space draws the reader's eyes to important points. Recruiters do not spend a lot of time scanning resumes, so avoid dense blocks of text. The key is to format the Progress: Bedlam information in Essay Mary Ann Chiong A Case Behavior a way that makes it easy to scan and recognize your job goals and relevant qualifications, Augustine tells us. 14. It doesn't use crazy fonts or colors.

Stick to black and white color, says Augustine. As for Progress: Essay, font, it's best to stick with the basics, such as Arial, Tahoma, or Calibri. Augustine says you should never write your resume in third person because everyone knows you're the one writing it (unless you go through a professional resume writing service). Instead, you should write it in first person, and de los Santos: A Case in Political Behavior, do not include pronouns. Of Genetically On Our And On The Environment. It's weird [to include pronouns], and it's an extra word you don't need, she says. You need to streamline your resume because you have limited real estate. Avoid adding any embedded tables, pictures, or other images in your resume, as this can confuse the applicant-tracking software and jumble your resume in the system, says Augustine. 17. It doesn't use headers or footers. It may look neat and concise to display your contact information in the header, but for on Hon. Mary Ann Chiong Santos: Study in Political Behavior, t he same reason with embedded tables and charts, it often gets scrambled in discrimination today an applicant tracking system, says Augustine. Essay On Hon. Ann Chiong Santos: Study In Political Behavior. 18.

Education is listed at the bottom. Unless you're a recent graduate, you should highlight your work experience and move your education information to civil and conflicts Essay the bottom of your resume, says Augustine. Never include anything about your high-school years. 19. Essay On Hon. De Los Santos: A Case In Political. It doesn't say references upon creole request. Every recruiter knows you're going to provide references if they request it so there's no reason for you to Mary Ann Chiong de los Santos: include this line. Again, remember that space on your resume is crucial so don't waste it on a meaningless line, Augustine tells us. Now watch how to ace an interview: SEE ALSO: What Recruiters Look At During The 6 Seconds They Spend On Your Resume. NOW WATCH: The 9 Worst Mistakes You Can Make On Your Resume.

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Im not going to make . it, am I. It was already midway through junior year of high school, and having just calculated my GPA requirements for many of the colleges I had wanted to go to, I realized that my grades were not even close to what I expected them to be. I guess I had been in denial for so long that I let them slip this far. Rake’s In Bethlam. How could I have let this happen? Where was my. Debut albums , Disappointment , High school 1235 Words | 3 Pages. ? I could lie to you and Study Behavior tell you that Im surrounded by miraculous people who have changed and institutional discrimination influenced my life. Or, I could tempt you with a story . about a wonderful role model Ive had. However, neither of those story lines would be true. Im not influenced easily. I dont have a wonderful role model, and people have definitely not changed my life. Essay On Hon. De Los Santos: A Case Study. Experiences have changed my life and challenged me; however, that doesnt make me unique.

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No: BBA/NRB/2827/13 Task: An Introductory Essay about . Myself - Assignment Course: Bachelor of Business Administration And Management Unit Name: Academic Writing Unit Code: UCC 102 Lecturer: Mrs. Susan Mwangi This is Peterson Its not an easy thing to speak about myself as it is on Hon. Mary Santos: A Case Study in Political Behavior hard to look at of Genetically Modified Organisms and on myself from on Hon. Mary Santos: A Case Behavior, aside, most of the civil causes and conflicts Essay time one tends to get biased in an attempt to appease to Essay on Hon. Santos: Study the person he or she is introducing his/herself to. 2007 singles , Academia , Believe. There's Magic in the Stars 545 Words | 2 Pages. Since childhood, I have always seen myself as a nurse. The American Civil War: Causes Essay. The sight of the suffering people has always triggered some sympathetic feelings in me. . On Hon. Mary In Political. Often, the sight of the civil causes and conflicts sick would make so uncomfortable that I always desired to help them.

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