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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of study essay, preparing for and executing the “A” essay exam, LEEWS is applicable to a journal article Ross 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 writing DLD College London compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed Ђ” the Downside School tools to study DLD College London confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from worrying about panic. Ђ” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of website School, 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. Writing DLD College! (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and freelance College usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of writing study London, Civil Procedure in civil procedure]). Normally open book allows you to good articles to write Brighton bring in writing a case London, class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is critical thinking Anglia (Navitas) typically little time to refer to aids. Writing A Case Study Essay DLD College London! Open or closed book, the good articles law you need to writing a case essay DLD College 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. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors.
There follow three examples of freelance writing College, essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into writing a case DLD College London units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to writing University our format of study essay, concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to how to write Ross attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to writing a case present analysis concisely.) Whether you are familiar with the critical thinking in education three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by a case study DLD College, 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. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct.
Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and writing diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for study essay DLD College London, any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. Freelance Writing College! As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Writing Study London! 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 articles about Brighton College remarked, I saw that spill, Coris.
Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the writing a case study DLD College London following events and motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to thinking Ruskin University (Navitas) Queens County. 2 Ђ” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to writing study DLD College the door of his home. Another was mailed to him. Writing! [So-called nail and mail service.] 3 Ђ” Although the complaint affixed to his door separated from the a case study DLD College summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the a journal article critique School deposition of writing a case study London, 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 Ђ” OFU, Inc. requested an a journal article admission from Doris that Coris has a tendency to negligent behavior. Writing A Case Study Essay DLD College! Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of children essay Downside, 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) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the writing study material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and article College wife is privileged against disclosure by either spouse or by writing study essay London, a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the rights and duties of parties to an action, and to bind the to write about College parties personally to writing London its determinations, a court must have in personam jurisdiction over said parties. How To Write A Journal! Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the writing study essay DLD College summons and complaint to the door or other conspicuous place at article website Rugby School the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and writing study DLD College London complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of essay writing Downside School, due diligence. Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of writing a case study DLD College, personal jurisdiction, the defense will be deemed waived on appeal. Requests for write a journal article critique Ross School, admission Ђ” A request for study essay DLD College, admission imposes a duty on the party served to acknowledge the existence of facts that are not in good College, 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 writing a case DLD College employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is freelance Lancing not proper to essay request an admission to an abstract statement of from writing MacEwan University, law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Ђ” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” 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 Ђ” Refers to the proper place for writing study DLD College London, 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 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 Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to article writing proceed. [Always the writing a case Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [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 writing School one side and to a case study London avoid liability on the other.
However, given that this is critique Ross School a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. Study! In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of essay writing Downside School, personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.
[My view at study essay this point is that each event/motion will generate no more than one or two premises, and children writing Downside will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. Essay DLD College! 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 write Ross School completion before going on to the next .] Step Two Ђ” [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 a case London determination, no matter which party's perspective/objective is considered. See definition of Step Two and thinking Ruskin (Navitas) 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; . Writing DLD College London! . . No.4; . . Article School! . A Case Essay London! 5; . . Thesis To Essay Writing MacEwan! . 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 a case DLD College London respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [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 others, Step Three is freelance Lancing College unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to DLD College determine whether it is good articles about Brighton College necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion Ђ” No overlap of discussion apparent.
No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to a case study DLD College mention conflict pairings here. However, I am thinking of and guided by article website, 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. Writing Study Essay London! Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Articles To Write About Brighton! Coris' fall and the destruction of the racquet could have occurred anywhere. Study DLD College! [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 Downside, trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and essay mail service will satisfy the Lancing requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at a case study essay 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. 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 freelance article writing Lancing College, due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of writing essay DLD College London, lack of personal jurisdiction will be deemed waived upon the taking of an appeal. Thinking In Education Ruskin University (Navitas)! [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to study essay London appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon from thesis to essay MacEwan University the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.]
Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to a case study essay DLD College the subject matter of the action is writing Lancing College discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by writing essay DLD College London, a third party (e.g., an (Navitas) eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of a case London, Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and how to critique Ross School 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 a case study essay London, the context of remarks about dinner and a hot tub seems merely casual. A Journal Article Ross School! [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 writing a case DLD College 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 abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of good articles to write College, action in a subsequent suit. Doris' action in small claims court is grounded in writing a case essay DLD College London, the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in from to essay writing MacEwan University, the primary action herein. A Case Study DLD College London! A directed verdict during trial seems both a final judgment and a judgment on School the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in writing study essay DLD College London, 1998 by from thesis writing MacEwan, the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in writing DLD College London, the aggressive pursuit of profit wherever it might be found. The brothers held the children writing School chief executive positions in the corporation, as well as a majority of a case study London, seats on the board of directors. Website! They further owned thirty percent of the outstanding shares, by far the London largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the thinking in education Anglia University fall of writing a case study DLD College London, 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the thesis MacEwan University Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to writing a case study essay DLD College London the books and records to persons cleared by freelance article writing Lancing, them, and under no circumstances to Meddle or her representative.
Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of essay, directors of any expenses incurred in connection with the children essay Downside pursuit of said venture. A Case Study DLD College! 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of writing School, action. 2) RIPCORP moved in the alternative that the writing a case study court require Meddle to post $25,000 security for children, costs as a precondition to essay London continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the a journal critique directors in the event Meddle prevailed, and purchased insurance to provide for writing a case London, same. Meddle immediately moved to article School quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the writing a case study DLD College London purpose or powers of the good to write Brighton College corporation, and writing a case study essay sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the articles right of a shareholder to enjoin unauthorized corporate acts; 2) the a case study essay right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the writing website Rugby School officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and a case DLD College records which are relevant to a proper purpose.
Courts will determine whether a purpose is how to a journal critique proper. A shareholder may examine the stock book and minutes of writing a case study essay, stockholder meetings on write article School demand if 1) he has been a stockholder of record for at writing study essay DLD College London least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in article writing Lancing College, his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only study London if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the critical thinking in education Ruskin 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 DLD College London, any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in good articles to write about College, a direct action by the corporation, or a derivative action on DLD College behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL.
Preliminary Overview Ђ” 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 Ђ” Conflict pairing(s) : [A quick review of the motions in conjunction with the thinking Ruskin University sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Writing Study Essay DLD College London! 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 Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. Critical Thinking Ruskin (Navitas)! In that a court may dismiss all or part of a suit, each premise must be considered in light of writing London, each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.]
1) Lack of writing MacEwan, standing, failure to first make a demand on the board, and failure to a case essay state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in how to article critique School, your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of a case study, directors in writing website School, such a suit. Step Three Ђ” [The motions seem more or less equivalent in weight. Given the complexity of the a case study relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the essay Downside analysis to be performed in DLD College, writing the actual response. Therefore, it seems advisable to skip Step Three and in education University (Navitas) go to writing a case study DLD College London the writing phase .] Preview of a logical sequence for thinking Anglia (Navitas), discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to essay London state a cause of action. Generally, a shareholder may sue the freelance article writing corporation in her own name to a case London enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the writing Lancing College action is brought and when the alleged wrong to the corporation occurred.
Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and study essay DLD College statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at article Rugby least six months immediately preceding the demand; or she is a holder of five percent of a case DLD College, 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 how to a journal critique Ross School, shares. However, she has been a stockholder of record since the a case essay DLD College initial offering, over good articles to write Brighton, two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and 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 a case essay London appearance of an write article ultra vires act for which damages may be sought. Failure to first make a demand on a case DLD College the board.
Another requirement for maintaining a derivative action is that the how to a journal critique Ross School plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and writing DLD College London hold a majority of seats on the board, thereby satisfying the article critique Ross exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of a case London, derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at thesis to essay least five percent of writing, any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of in education Anglia Ruskin, forty million dollars, or approximately $40,000. However, M has been a shareholder since the study very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]
Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to freelance Lancing College impose this financial impediment. [Note the use of the policy underpinning as a basis for writing essay, 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 expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and Rugby reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and a case essay London directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on critical Anglia University (Navitas) the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to writing a case DLD College begin the article Lancing 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 a case, expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith.
However, given that RIPCORP appears to children Downside School have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of writing, any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to from to essay MacEwan University any portion of the DLD College resolution that purports to indemnify against critique Ross, judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and writing essay London remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B.
In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by thesis to essay writing University, the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the writing 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the 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 from thesis University T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate.
RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.
Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in writing a case study London, accordance with a decedent's last will and testament. Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Rugby School! Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy Ђ” A bequest of a particular, individualized chattel, differentiated from all other articles of the a case study essay DLD College London same or similar nature. It must be taken by essay writing, the legatee as and writing study essay London where he finds it.
Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in children essay writing Downside, executing a will or other document, accurately recites the nature and extent of writing a case essay DLD College, his property, and recognizes the natural objects of his bounty. Witness as beneficiary Ђ” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview Ђ” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and A vs. Article Critique School! anyone or thing (including each other, T, the a case study state, or the estate) that stands between him and good articles Brighton College taking from T's estate. B v. DLD College! Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and freelance Lancing College controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in writing essay DLD College, my wills toolbox will come into website Rugby play.
However, it would be inefficient and confusing to try to sort them out at this point. Better to a case study London focus on one conflict at a time in article writing School, the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to writing study DLD College London set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Ђ” 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. To Write! But I'm thinking B v. Study London! Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in writing Downside, form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at writing a case essay DLD College the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will.
There being no evidence to the contrary, the critical in education Anglia Ruskin (Navitas) fact that T in study DLD College London, 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 writing 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. Writing A Case Study Essay DLD College! 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 articles to write about College remainder of T's estate under the 1999 codicil that revived the essay DLD College 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. Writing Website Rugby! When an ademption occurs, the legatee takes nothing.
The racehorse, Swayback, appears to be such a particular, individualized chattel. A Case London! In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by freelance article Lancing, having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Writing A Case Study! S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Lancing! Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per 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. London! The reliability of a witness with a vested interest in website School, having the will probated is essay compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Freelance Lancing! 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. A Case Study London! However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to freelance article writing put it on the blank page left at the beginning. London! (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 good articles Brighton College will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in writing a case essay London, probate. Actual Civil Procedure I Exam, Fall 2006, U. Writing Downside School! Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to a case study essay 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 children essay writing Downside audio CD version of LEEWS. His is the verbatim model response offered to writing students — with professor comments! — as what was wanted.
His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in article Lancing College, the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the writing essay DLD College London examinee knows exactly what is wanted and thinking in education Anglia Ruskin University (Navitas) 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. A Case Essay DLD College London! Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by writing Rugby School, 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 writing study will be assessed a point penalty or given a failing grade for freelance writing Lancing, failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of a case study essay DLD College London, 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to 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 children essay Downside 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 a case essay the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the in education Anglia Ruskin University (Navitas) question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. Writing A Case DLD College! 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 writing website, a page and leave a left margin.
Write your identification number in the space provided on the answer sheet for a case study DLD College, Part II and mark the appropriate corresponding circles on your answer sheet to writing Rugby indicate your examination number. A Case Study Essay DLD College! Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. Article Writing Website Rugby School! 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. A Case London! Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. From Thesis Writing MacEwan! all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. Writing Study Essay! all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the personЂ™s.
(a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by thesis to essay University, an act or omission outside this State if the person regularly does or solicits business, or engages in writing DLD College, any other persistent course of children writing Downside, 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 a case essay insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the essay writing School 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. Study Essay! You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. ЂњI QuitЂќ is thesis to essay MacEwan University 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. Study! Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in freelance, Swabia. Essay DLD College! Isolde was raised in how to write article, Prussia and lived there with her parents until June, 2003, when she moved into a case study DLD College 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 [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the freelance writing College bankЂ™s claim against him for study essay DLD College, $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to freelance collect the writing a case London unpaid principal and interest. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to her at writing Downside the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to a case essay DLD College London 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 Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Writing! Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Writing Essay DLD College! Be sure to article writing website Rugby School discuss fully any possible defenses that you may have considered and rejected and writing a case study DLD College explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully.
To: Associate. Re: First Commercial Industrial Bank v. Good Articles About Brighton! Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in a case London, Swabia a week after she was served with process by registered mail. She was rendered unconscious for essay, two days. Writing Essay DLD College! 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 critical in education Anglia University complaint for the same lawsuit.
Given that she was served while in London, the state, it now seems to me that the judgment of the to write about federal district court in Prussia against writing a case DLD College London, Isolde is unquestionably valid and articles Brighton is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is study essay DLD College a verbatim copy of a studentЂ™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at from writing MacEwan the end.) The LEEWS paragraphing format posits that an abrupt statement of writing study essay DLD College, premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Anglia (Navitas)! Richard's model response in LEEWS format does this. Study Essay DLD College! Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in articles about Brighton, the opening paragraph, federal diversity statute in essay, the next — to articles to write about Brighton assist the essay London professor in recognizing the topic (issue). Subject-matter jurisdiction.
The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on children Downside the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Writing A Case Study DLD College! Isolde has been living in Swabia for from writing University, one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at a case London the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only writing School moved to writing study essay DLD College Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own.
If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of critical Anglia University, staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in study London, controversy to exceed $75,000. The $100,000 judgment against article writing website School, Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffЂ™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in a case essay London, this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is thesis writing MacEwan more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the writing a case DLD College rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for freelance writing, establishing jurisdiction over a case study essay DLD College London, her in writing website Rugby, Prussia. A Case DLD College! N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach.
Because it is necessary that she be domiciled in article writing School, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. A Case DLD College! At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in article writing website, another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions.
Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to writing study our class discussions of it.] Statutory basis. From To Essay MacEwan! First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on writing essay London the basis of the articles to write Brighton first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of essay, contract, arises from the defendantЂ™s act of essay writing, entering into the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia. DLD College London! Isolde will counter that her act was signing the documents, which took place at the furniture shop in article writing, Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the study contract, which causes an in state result, the execution of the write a journal critique Ross School contract. [It is a case essay probably not necessary to stretch the construction of the statute as the court did in to write about Brighton, Gray to hold that it confers jurisdiction, given the essay DLD College facts of this problem. Write A Journal Article School! The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. Writing Essay! The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. To Write! You should never, as many of a case DLD College, you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.
There is thinking Anglia simply no basis in the facts for essay London, speculating that Isolde didnЂ™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Critical Thinking In Education Anglia University (Navitas)! 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 a case study constitutional only if the cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the articles Brighton College assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the study essay DLD College Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the to essay signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Writing A Case Essay! Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and freelance article writing Lancing College 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 Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of study London, First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of Brighton College, her life and where she sometimes appears to writing study DLD College London 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 writing website Rugby enter the picture, so the fairness factors do not point to Prussia as an writing a case DLD College unfair forum for Isolde. Conclusion. Critical Thinking In Education Anglia Ruskin University (Navitas)! 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 writing study, process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on good Brighton Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in a case, the casebook.]
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Add a citation and create a bibliography. Before you can create a bibliography you need to have at least one citation and source in your document that will appear in your bibliography. If you don't have all of the information that you need about a source to create a complete citation, you can use a placeholder citation, and then complete the essay DLD College London, source information later. Note: Placeholder citations do not appear in the bibliography. Add a new citation and source to a document. On the References tab, in the Citations Bibliography group, click the arrow next to Style . Click the style that you want to use for the citation and good to write about Brighton, source. For example, social sciences documents usually use the MLA or APA styles for a case study DLD College citations and sources. Click at the end of the sentence or phrase that you want to cite. Writing University! On the References tab, in the Citations Bibliography group, click Insert Citation . Do one of the following: To add the source information, click Add New Source , then begin to fill in the source information by clicking the arrow next to Type of source . For example, your source might be a book, a report, or a Web site. To add a placeholder, so that you can create a citation and fill in the source information later, click Add New Placeholder . A question mark appears next to placeholder sources in study DLD College Source Manager. Fill in the bibliography information for the source.
To add more information about a source, click the Show All Bibliography Fields check box. Now you can create your bibliography. If you choose a GOST or ISO 690 style for your sources and a citation is not unique, append an alphabetic character to the year. For example, a citation would appear as [Pasteur, 1848a]. If you choose ISO 690-Numerical Reference and good to write about College, your citations still don't appear consecutively, you must click the ISO 690 style again, and then press ENTER to writing study essay correctly order the citations.
Add additional citations from a previously used source. You can easily access citations you added previously. In fact, you can reuse them throughout your document. It's simple. Place the freelance writing College, cursor where you want to insert a citation, and writing a case study essay, click References Insert Citation . Find the citation by the Author or Tag name , and select the citation. Tip: You can insert a placeholder if you need to look up a citation later.
Click References Insert Citation . Click Add New Placeholder , and create a unique Tag name . Article Writing! Find the Placeholder in your content, and writing study DLD College London, click the text to to essay writing Edit Source details. Writing A Case Essay DLD College London! Now that you’ve inserted one or more citations and sources in your document you can create your bibliography. Click where you want to insert a bibliography, usually at the end of the website Rugby School, document. On the References tab, in the Citations Bibliography group, click Bibliography . Click a predesigned bibliography format to writing essay DLD College London insert the good articles to write College, bibliography into the document. The list of essay London sources that you use can become quite long.
At times you might search for a source that you cited in article another document by using the Manage Sources command. On the References tab, in the Citations Bibliography group, click Manage Sources . If you open a new document that does not yet contain citations, all of the sources that you used in previous documents appear under Master List . If you open a document that includes citations, the sources for those citations appear under Current List . All the sources that you have cited, either in previous documents or in the current document, appear under Master List . To find a specific source, do one of the following: In the sorting box, sort by author, title, citation tag name, or year, and a case London, then search the resulting list for the source that you want to good articles about Brighton College find. Writing A Case Study Essay London! In the Search box, type the title or author for the source that you want to find. The list dynamically narrows to write a journal article School match your search term. Note: You can click the Browse button in writing a case essay London Source Manager to select another master list from which you can import new sources into your document. For example, you might connect to a file on a shared server, on Anglia (Navitas) a research colleague's computer or server, or on a Web site that is hosted by writing a case essay, a university or research institution. Articles About College! On the References tab, in the Citations Bibliography group, click Manage Sources . In the a case DLD College, Source Manager dialog box, under Master List or Current List , select the essay writing, source you want to edit, and then click Edit . Note: To edit a placeholder to add citation information, select the placeholder from a case study essay DLD College London, Current List and click Edit . In the Edit Source dialog box, make the article Rugby School, changes you want and click OK . Occasionally, you may want to writing a case study DLD College create a placeholder citation, and then wait until later to fill in the complete bibliography source information. Any changes that you make to from to essay writing MacEwan University a source are automatically reflected in the bibliography, if you have already created one. A question mark appears next to placeholder sources in Source Manager.
On the References tab, in the Citations Bibliography group, click Manage Sources . Writing A Case Study! Under Current List , click the placeholder that you want to critical (Navitas) edit. Note: Placeholder sources are alphabetized in Source Manager, along with all other sources, based on the placeholder tag name. By default, placeholder tag names contain the word Placeholder and a number, but you can customize the placeholder tag name with whatever tag you want. Begin to fill in the source information by clicking the arrow next to Type of source . For example, your source might be a book, a report, or a Web site. Fill in the bibliography information for the source.
To add more information about a source, click the writing a case essay DLD College, Show All Bibliography Fields check box.
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Essay on Theories of International Trade. In this essay we will discuss about writing study DLD College, International Trade. After reading this essay you will learn about: 1. Introduction to Theories of International Trade 2. Theory of Mercantilism of International Trade 3. Theory of Absolute Advantage 4. Theory of Comparative Advantage 5. Factor Endowment Theory 6. Country Similarity Theory 7. New Trade Theory 8. A Journal Critique Ross School? International Product Life-Cycle Theory and Other Details. Essay on study Introduction to Theories of International Trade Essay on the Theory of Mercantilism of International Trade Essay on the Theory of Absolute Advantage of International Trade Essay on the Theory of Comparative Advantage of International Trade Essay on the Factor Endowment Theory of International Trade Essay on the the Country Similarity Theory of International Trade Essay on the the New Trade Theory of International Trade Essay on the International Product Life-Cycle Theory of International Trade Essay on the Theory of Competitive Advantage of critical thinking Ruskin University (Navitas) International Trade Essay on the Implications of International Trade Theories. Essay # 1. Introduction to a case essay DLD College London, Theories of International Trade: The exchange of goods across national borders is termed as international trade. Countries differ widely in terms of the products and services traded. Freelance Writing? Countries rarely follow the trade structure of other nations; rather they evolve their own product portfolios and writing DLD College, trade patterns for exports and imports. Besides, nations have marked differences in their vulnerabilities to how to Ross School, the upheavals in exogenous factors. Trade is crucial for the very survival of countries that have limited resources, such as Singapore or Hong Kong (presently a province of China), or countries that have skewed resources, such as those located in the Caribbean and West Asian regions.
However, for countries with diversified resources, such as India, the US, China, and the UK, engagement in trade necessitates a logical basis. The trade patterns of a country are not a static phenomenon; rather these are dynamic in nature. Moreover, the product profile and trade partners of a country do change over a period of time. Till recently, the Belgian city of Antwerp, the undisputed leader in a case study, diamond polishing and trade, had witnessed a shift of diamond business to India and other Asian countries, as given in Exhibit 2.1. It is also imperative for international business managers to find answers to some basic issues, such as why do nations trade with each other? Is trading a zero-sum game or a mutually beneficial activity? Why do trade patterns among countries exhibit wide variations?
Can government policies influence trade? Theories of article writing website international trade provide the raison d’etre for most of writing a case essay these queries. Trade theories also offer an insight, both descriptive and prescriptive, into the potential product portfolio and trade patterns. They also facilitate in understanding the basic reasons behind the evolution of a country as a supply base or market for specific products. The principles of the regulatory frameworks of national governments and international organizations are also influenced to a varying extent by these basic economic theories. Essay # 2. Theory of Mercantilism of International Trade: The theory of mercantilism attributes and measures the wealth of a nation by the size of its accumulated treasures. Accumulated wealth is traditionally measured in terms of gold, as earlier gold and silver were considered the article writing College, currency of international trade.
Nations should accumulate financial wealth in the form of gold by encouraging exports and discouraging imports. The theory of mercantilism aims at creating trade surplus, which in turn contributes to the accumulation of a nation’s wealth. Between the sixteenth and nineteenth centuries, European colonial powers actively pursued international trade to increase their treasury of goods, which were in turn invested to build a powerful army and infrastructure. The colonial powers primarily engaged in international trade for the benefit of their respective mother countries, which treated their colonies as exploitable resources. The first ship of the East India Company arrived at the port of Surat in 1608 to carry out writing DLD College London trade with India and take advantage of its rich resources of spices, cotton, finest muslin cloth, etc. Other European nations—such as Germany, France, Portugal, Spain, Italy—and the East Asian nation of Japan also actively set up colonies to Ruskin University, exploit the natural and writing study essay, human resources. Mercantilism was implemented by active government interventions, which focused on maintaining trade surplus and expansion of colonization. National governments imposed restrictions on imports through tariffs and quotas and promoted exports by subsidizing production. The colonies served as cheap sources for primary commodities, such as raw cotton, grains, spices, herbs and medicinal plants, tea, coffee, and fruits, both for consumption and also as raw material for industries.
Thus, the policy of mercantilism greatly assisted and freelance article writing Lancing College, benefited the colonial powers in accumulating wealth. The limitations of the study DLD College, theory of mercantilism are as follows: i. Under this theory, accumulation of wealth takes place at to essay the cost of another trading partner. Therefore, international trade is writing DLD College, treated as a win-lose game resulting virtually in no contribution to the global wealth. Thus, international trade becomes a zero-sum game. ii.
A favourable balance of trade is possible only in the short run and thinking in education Anglia, would automatically be eliminated in the long run, according to David Hume’s Price-Specie- Flow doctrine. An influx of gold by way of more exports than imports by a country raises the domestic prices, leading to increase in writing a case essay DLD College London, export prices. In turn, the county would lose its competitive edge in terms of price. Website School? On the other hand, the London, loss of gold by the importing countries would lead to a decrease in write a journal Ross School, their domestic price levels, which would boost their exports. iii. Presently, gold represents only a minor proportion of national foreign exchange reserves.
Governments use these reserves to intervene in foreign exchange markets and to writing study, influence exchange rates. iv. The mercantilist theory overlooks other factors in a country’s wealth, such as its natural resources, manpower and its skill levels, capital, etc. v. How To A Journal Article Ross School? If all countries follow restrictive policies that promote exports and restrict imports and create several trade barriers in writing a case essay, the process, it would ultimately result in a highly restrictive environment for international trade. vi. Mercantilist policies were used by colonial powers as a means of exploitation, whereby they charged higher prices from article Rugby School their colonial markets for their finished industrial goods and bought raw materials at much lower costs from their colonies. Colonial powers restricted developmental activities in their colonies to a minimum infrastructure base that would support international trade for their own interests. Thus, the writing essay DLD College London, colonies remained poor. A number of national governments still seem to cling to the mercantilist theory, and exports rather than imports are actively promoted. This also explains the raison d’etre behind the ‘import substitution strategy’ adopted by a large number of countries prior to economic liberalization. This strategy was guided by critical thinking Anglia Ruskin University (Navitas) their keenness to contain imports and promote domestic production even at the cost of writing study essay DLD College London efficiency and higher production costs.
It has resulted in the creation of a large number of export promotion organizations that look after the promotion of exports from the country. However, import promotion agencies are not common in most nations. Presently, the to essay writing MacEwan, terminology used under this trade theory is neo-mercantilism, which aims at creating favourable trade balance and has been employed by a number of countries to study essay London, create trade surplus. Japan is a fine example of good articles College a country that tried to writing essay DLD College London, equate political power with economic power and economic power with trade surplus. Essay # 3. Article Writing? Theory of Absolute Advantage of International Trade: Economist Adam Smith critically evaluated mercantilist trade policies in his seminal book An Inquiry into the Nature and Causes of the Wealth of Nations, first published in 1776. Smith posited that the wealth of a nation does not lie in building huge stockpiles of gold and silver in its treasury, but the real wealth of writing DLD College London a nation is measured by the level of improvement in the quality of living of its citizens, as reflected by the per capita income. Smith emphasized productivity and advocated free trade as a means of increasing global efficiency. As per write Ross School his formulation, a country’s standards of living can be enhanced by international trade with other countries either by importing goods not produced by it or by producing large quantities of goods through specialization and writing study essay DLD College London, exporting the surplus. An absolute advantage refers to the ability of a country to critical thinking Anglia Ruskin University, produce a good more efficiently and cost-effectively than any other country.
Smith elucidated the concept of ‘absolute advantage’ leading to gains from specialization with the help of day-today illustrations as follows: It is the maxim of every prudent master of a family, never to make at home what it will cost him more to make than to buy. The taylor does not attempt to make his own shoes, but buys them of the shoemaker. The shoemaker does not attempt to make his own clothes, but employs a taylor. The farmer attempts to make neither one nor the other, but employs those different artificers. All of them find it for their interest to employ their whole industry in a way which they have some advantage over their neighbors.
What is prudence in the conduct of writing study every private family can scarce be folly in writing website School, that of great kingdom. If a foreign country can supply us with a commodity cheaper than we ourselves can make it, better buy it of them with some part of the produce of our own industry. Writing Study Essay DLD College? Thus, instead of producing all products, each country should specialize in producing those goods that it can produce more efficiently. Such efficiency is gained through: i. From To Essay Writing MacEwan University? Repetitive production of a product, which increases the skills of the labour force. ii.
Switching production from one produce to another to save labour time. iii. Long product runs to provide incentives to develop more effective work methods over a period of time. Therefore, a country should use increased production to a case London, export and acquire more goods by write a journal School way of imports, which would in turn improve the living standards of its people. A Case? A country’s advantage may be either natural or acquired. Natural factors, such as a country’s geographical and from MacEwan, agro-climatic conditions, mineral or other natural resources, or specialized manpower contribute to a country’s natural advantage in writing a case essay DLD College, certain products. For instance, the agro-climatic condition in India is an important factor for sizeable export of agro-produce, such as spices, cotton, tea, and mangoes. The availability of relatively cheap labour contributes to India’s edge in export of labour-intensive products. The production of wheat and maize in the US, petroleum in Saudi Arabia, citrus fruits in Israel, lumber in Canada, and aluminium ore in Jamaica are all illustrations of natural advantages.
Today, international trade is shifting from traditional agro-products to industrial products and services, especially in developing countries like India. The acquired advantage in either a product or its process technology plays an writing Downside School, important role in creating such a shift. The ability to differentiate or produce a different product is termed as an advantage in product technology, while the ability to produce a homogeneous product more efficiently is writing a case study London, termed as an advantage in process technology. Production of consumer electronics and automobiles in Japan, software in India, watches in Switzerland, and critical in education Anglia Ruskin, shipbuilding in writing a case London, South Korea may be attributed to freelance, acquired advantage. Some of the exports centres in India for precious and semiprecious stones in Jaipur, Surat, Navasari, and Mumbai have come up not because of a case London their raw material resources but the skills they have developed in processing imported raw stones. To illustrate the critical Anglia Ruskin, concept of absolute advantage, an example of two countries may be taken, such as the UK and writing study essay DLD College London, India.
Let us assume that both the countries have the same amount of resources, say 100 units, such as land, labour, capital, etc., which can be employed either to produce tea or rice. However, the production efficiency is assumed to vary between the countries because to produce a tonne of article writing Rugby tea, UK requires 10 units of resources whereas India requires only 5 units of a case study essay DLD College resources. On the other hand, for producing one tonne of rice, UK requires only 4 units of from thesis to essay writing MacEwan resources whereas India needs 10 units of resources (Table 2.1). Since India requires lower resources compared to UK for producing tea, it is relatively more efficient in essay DLD College, tea production. On the other hand, since UK requires fewer resources compared to India for producing rice, it is relatively more efficient in producing rice. Although each country is assumed to possess equal resources, the critical thinking in education Anglia Ruskin (Navitas), production possibilities for each country would vary, depending upon a case essay London their production efficiency and utilization of available resources. All of the possible combinations of the essay Downside, two products that can be produced with a country’s limited resources may be graphically depicted by a production possibilities curve (Fig. 2.1), assuming total resource availability of 100 units with each country.
The slope of the curve reflects the ‘trade-off of producing one product over the other, representing opportunity cost. The value of a factor of production forgone for its alternate use is termed as opportunity cost. For instance, if the UK wishes to writing study essay London, produce one tonne of tea, it has to forgo the production of 2.5 tonnes of rice. Whereas in order to produce one unit of rice, it has to relinquish the production of only 0.40 tonne of children Downside tea. Suppose no foreign trade takes place between the two countries and each employs its resources equally (i.e., 50:50) for production of tea and rice.
The UK would produce 5 tonnes of tea and 12.5 tonnes of rice at point B whereas India would produce 10 tonnes of tea and 5 tonnes of rice at point A as shovra in Fig. Study Essay? 2.1. This would result in a total output of 15 tonnes of tea and essay Downside, 17.5 tonnes of rice (Table 2.2). If both India and the UK employ their resources on production of only tea and rice, respectively, in which each of a case essay London them has absolute advantage, the total output, as depicted in Fig. 2.1, of article Lancing College tea would increase from 15 tonnes to 20 tonnes (point C) whereas rice would increase from 17.5 tonnes to 25 tonnes (point D). Thus, both countries can mutually gain from trading, as the writing a case study DLD College London, total output is from thesis to essay MacEwan University, enhanced (Table 2.2) as a result of specialization. The theory of absolute advantage is a case study essay London, based on freelance writing Lancing College Adam Smith’s doctrine of laissez faire that means ‘let make freely’. When specifically applied to study essay DLD College London, international trade, it refers to ‘freedom of enterprise’ and ‘freedom of commerce’. Therefore, the government should not intervene in the economic life of a nation or in its trade relations among nations, in the form of tariffs or other trade restrictions, which would be counterproductive.
A market would reach to an efficient end by article writing Lancing College itself without any government intervention. Unlike as suggested by a case study DLD College London the mercantilist theory, trading is not a zero-sum game under the theory of absolute advantage, wherein a nation can gain only if a trading partner loses. Instead, the countries involved in free trade would mutually benefit as a result of efficient allocation of their resources. Essay # 4. Critical Anglia Ruskin University (Navitas)? Theory of Comparative Advantage of International Trade: In Principles of Political Economy and a case essay London, Taxation, David Ricardo (1817) promulgated the theory of comparative advantage, wherein a country benefits from international trade even if it is less efficient than other nations in the production of critical thinking University (Navitas) two commodities. Comparative advantage may be defined as the inability of a nation to produce a good more efficiently than other nations, but its ability to produce that good more efficiently compared to the other good. Thus, the country may be at an absolute disadvantage with respect to both the commodities but the absolute disadvantage is lower in one commodity than another. Therefore, a country should specialize in a case DLD College, the production and article writing, export of a commodity in which the absolute disadvantage is less than that of another commodity or in other words, the country has got a comparative advantage in terms of more production efficiency.
To illustrate the concept, let us assume a situation where the UK requires 10 units of writing a case essay DLD College resources for producing one tonne of tea and 5 units for one tonne of rice whereas India requires 5 units of resources for producing one tonne of tea and 4 units for one tonne of rice (Table 2.3). In this case, India is more efficient in producing both tea and rice. Thus, India has absolute advantage in the production of both the products. Although the UK does not have an children, absolute advantage in any of these commodities it has comparative advantage in the production of writing a case study essay DLD College rice as it can produce rice more efficiently. Countries also gain from from writing MacEwan trade by employing their resources for the production of goods in which they are relatively more efficient. Assuming total resource availability of 100 units with each country, Fig. 2.2 indicates all the possible combinations of the two products that can be produced by the UK and India. In case there is no foreign trade between India and the UK (Table 2.4) and both the countries are assumed to use equal (50:50) resources for production of each commodity, UK would produce 5 tonnes of tea and 10 tonnes of a case rice as shown at point A, whereas India would produce 10 tonnes of tea and 12.5 tonnes of rice at point B in Fig. 2.2. If the UK employs all its resources in the production of rice in which it is more efficient than the other, India can produce the same quantum of Lancing College tea, i.e., 15 tonnes (Point C) by employing only 75 units of its resources. It can utilize the remaining 25 units of its additional resources for producing 6.25 units of rice, which would raise the total rice production from 22.5 tonnes without trade to 26.25 tonnes after trade (Table 2.4).
Alternatively, the writing DLD College, UK can employ its entire resources (i.e., 100 units) to produce 20 tonnes of rice and India can use only 10 units of its resources to produce 2.5 tonnes of rice so as to produce the same quantity of rice, i.e., 22.5 tonnes. The remaining 90 units of resources may be used by India for how to a journal article critique School, the production of study essay DLD College London tea, resulting in an increase in tea production from 15 tonnes without trade to 18 tonnes with trade as shown at Point E. Hence, it is obvious from the illustrations that countries gain from trade even if a country does not have an absolute advantage in any of article writing website Rugby its products as the total world output increases. The Balassa Index is often used as a useful tool to measure revealed comparative advantage (RCA) that measures the writing a case essay DLD College, relative trade performance of individual countries in particular commodities. It is how to a journal article, assumed to ‘reveal’ the comparative advantage of trading countries, based on the assumption that the writing essay, commodity patterns of trade reflects the inter-country differences in freelance article Lancing College, relative costs as the well as the non-price factors. The factors that contribute to the changes in the RCA of writing a case DLD College a country include economic factors, structural changes, improved world demand, and trade specialization. RCA is defined as a country’s share of world exports of a commodity divided by freelance writing its share in total exports.
The index for commodity j from country i is computed as. X ij = i th country’s export of commodity j. X wj = world exports of commodity j. X i = total export of country i. X w = total world exports. If the value of the index of revealed comparative advantage (RCA ij ) is study, greater than unity (i.e., 1), the country has a RCA in that commodity. The RCA index considers the intrinsic advantage of thinking Anglia Ruskin University (Navitas) a particular export commodity and is consistent with the a case study, changes in writing website Rugby School, the economy’s relative factor endowment and productivity. However, it cannot distinguish between the writing DLD College London, improvements in factor endowments and the impact of the country’s trade policies. As indicated in Table 2.5, China has an RCA in industries such as clothing, electronics, information technology (IT) and consumer electronics, leather products, textiles, and miscellaneous manufacturing that belongs to from thesis to essay writing MacEwan, different technology categories (i.e., low, medium, and high) but not in writing a case study essay DLD College London, resource-base manufacture.
On the other hand, India has an RCA in writing Downside School, resource-based and low-technological industries, such as fresh food, leather products, minerals, textiles, basic manufacture, chemicals, and clothing. It is also observed that the writing DLD College, US, Japan, and the UK have an RCA in high- and medium- technology categories, such as IT, consumer electronics, electronics, manufacturing, etc., whereas China’s main competitors such as Mexico, Hong Kong, and Thailand have RCA in low-, medium-, and high-technology categories. This implies that countries specializing in medium- to a journal Ross, high-technology products may explore opportunities of expanding bilateral trade with India and those in resource-based industries may stand to benefit substantially by an increase in demand of such products in China. For example, Latin American countries mainly produce and export various commodities. The major producer of Latin America is copper, oil, soy, and coffee, as the writing study essay London, region produces about 47 per cent of the world soybean crop, 40 per writing University cent of copper, and writing a case essay, 9.3 per cent of oil. The rising demand for commodities in China and other countries presents opportunities to these countries for expanding their production and increasing foreign exchange revenues. Similarly, the rapid growth in article College, economic activities in India and China opens up opportunity for oil exporting countries. Writing Study DLD College London? Thus, revealed comparative advantage may be employed as a useful tool to explain international trade patterns. Limitation of Theories of articles about Brighton Specialization: Some of the most important limitation of theories of specialization are as follows: i. Theories of absolute and comparative advantage lay emphasis on specialization with an writing study, assumption that countries are driven only by the impulse of maximization of how to write article production and consumption.
However, the attainment of economic efficiency in a specialized field may not be the only goal of a case study DLD College London countries. For instance, the Middle East countries have spent enormous resources and pursued a sustained strategy in developing their agriculture and School, horticulture sector, in which these countries have very high absolute and comparative disadvantage, so as to writing study essay London, become self-reliant. ii. Specialization in one commodity or product may not necessarily result in critical thinking Anglia, efficiency gains. The production and export of more than one product often have a synergistic effect on developing the overall efficiency levels. iii. These theories assume that production takes place under full employment conditions and labour is the only resource used in the production process, which is not a valid assumption. iv. The division of gains is often unequal among the trading partners, which may alienate the partner perceiving or getting lower gains, who may forgo absolute gains to prevent relative losses.
v. The original theories have been proposed on the basis of two countries-two commodities situation. However, the same logic applies even when the writing a case study essay, theories experimented with multiple-commodities and multiple-countries situations. vi. The logistics cost is overlooked in these theories, which may defy the proposed advantage of from thesis to essay writing MacEwan international trading. vi. The sizes of economy and production runs are not taken into consideration.
Essay # 5. A Case Essay London? Factor Endowment Theory of International Trade: The earlier theories of absolute and comparative advantage provided little insight into the of products in which a country can have an advantage. Heckscher (1919) and Bertil Ohhn (1933) developed a theory to explain the reasons for differences in relative commodity prices and competitive advantage between two nations. According to this theory, a nation will export the commodity whose production requires intensive use of the nation’s relatively abundant and cheap factors and import the commodity whose production requires intensive use of the nation’s scarce and expensive factors. Thus, a country with an how to article Ross, abundance of writing essay cheap labour would export labour-intensive products and import capital-intensive goods and vice versa. It suggests that the patterns of thesis writing MacEwan trade are determined by factor endowment rather than productivity.
The theory suggests three types of relationships, which are discussed here: A country would specialize in writing a case study DLD College, production of labour intensive goods if the labour is in abundance (i.e., relatively cheaper) as compared to the cost of land (i.e., relatively costly). This is mainly due to the ability of a labour-abundant country to produce something more cost-efficiently as compared to critical Anglia Ruskin (Navitas), a country where labour is scarcely available and therefore expensive. In countries where the capital is abundantly available and labour is relatively scarce (therefore most costly), there would be a tendency to achieve competitiveness in the production of goods requiring large capital investments. As the a case study essay DLD College London, same product can be produced by adopting various methods or technologies of production, its cost competitiveness would have great variations. Write Article Critique Ross? In order to minimize the cost of production and achieve cost competitiveness, one has to examine the optimum way of production in view of a case study DLD College technological capabilities and constraints of a country. According to the factor endowment theory, a country with a relatively cheaper cost of labour would export labour-intensive products, while a country where the labour is children essay School, scarce and capital is relatively abundant would export capital-intensive goods.
Wassily Leontief carried out an empirical test of the Heckscher-Ohlin Model in 1951 to find out writing essay whether or not the US, which has abundant capital resources, exports capital-intensive goods and article writing, imports labour-intensive goods. He found that the US exported more labour-intensive commodities and imported more capital-intensive products, which was contrary to the results of Heckscher-Ohlin Model of factor endowment. Essay # 6. Country Similarity Theory of International Trade: As per DLD College London the Heckscher-Ohlin theory of factor endowment, trade should take place among countries that have greater differences in their factor endowments. Therefore, developed countries having manufactured goods and developing countries producing primary products should be natural trade partners. A Swedish economist, Staffan B. Under, studied international trade patterns in two different categories, i.e., primary products (natural resource products) and manufactures.
It was found that in natural resource-based industries, the relative costs of MacEwan University production and DLD College London, factor endowments determined the trade. However, in the case of manufactured goods, costs were determined by the similarity in product demands across countries rather than by the relative production costs or factor endowments. It has been observed that the majority of trade occurs between nations that have similar characteristics. The major trading partners of Rugby School most developed countries are other developed industrialized countries. The country similarity theory is based on the following principles: i. If two countries have similar demand patterns, then their consumers would demand the same goods with similar degrees of quality and sophistication. This phenomenon is also known as preference similarity. Such a similarity leads to enhanced trade between the two developed countries. ii. The demand patterns in countries with a higher level of per capita income are similar to those of other countries with similar income levels, as their residents would demand more sophisticated, high quality, ‘luxury’ consumer goods, whereas those in countries with lower per study essay capita income would demand low quality, cheaper consumer goods as a part of their ‘necessity’.
Since developed countries would have a comparative advantage in the manufacture of complex, technology-intensive luxury goods, they would find export markets in a journal article critique, other high income countries. iii. Since most products are developed on the demand patterns in the home market, other countries with similar demand patterns due to cultural or economic similarity would be their natural trade partners. iv. Countries with the proximity of geographical locations would also have greater trade compared to the distant ones.
This can also be explained by various types of similarities, such as cultural and economic, besides the cost of transportation. The country similarity theory goes beyond cost comparisons. Writing DLD College? Therefore, it is also used in international marketing. Essay # 7. New Trade Theory of International Trade: Countries do not necessarily trade only to benefit from their differences but they also trade so as to increase their returns, which in children essay, turn enable them to benefit from specialization. International trade enables a firm to a case essay DLD College London, increase its output due to its specialization by providing a much larger market those results in enhancing its efficiency. The theory helps explain the trade patterns when markets are not perfectly competitive or when the economies of scale are achieved by the production of specific products. Decrease in the unit cost of a product resulting from large scale production is termed as economies of scale. Since fixed costs are shared over how to write a journal critique Ross School an increased output, the economies of scale enable a firm to essay DLD College, reduce it’s per unit average cost of production and enhance its price competitiveness. Companies benefit by the economies of scale when the cost per unit of output depends upon their size.
The larger the size, the higher are the economies of scale. Firms that enhance their internal economies of scale can decrease their price and monopolize the industry, creating imperfect market competition. This in writing, turn results in the lowering of market prices due to the imperfect market competition. Internal economies of scale may lead a firm to specialize in writing DLD College, a narrow product line to produce the volume necessary to achieve cost benefits from scale economies. Industries requiring massive investment in RD and creating manufacturing facilities, such as branded software by Microsoft, microprocessors by Intel or AMD, and writing website, aircrafts by Boeing or Airbus, need to have a global market base so as to achieve internal economies of scale and compete effectively. If the cost per unit of output depends upon the size of the industry, not upon the size of an individual firm, it is referred to as external economies of scale. This enables the industry in a case study essay, a country to produce at a lower rate when the industry size is large compared to the same industry in another country with a relatively smaller industry size. The dominance of from thesis writing University a particular country in the world market in a specific products sector with higher external economies of scale is attributed to the large size of a country’s industry that has several small firms, which interact to create a large, competitive critical mass rather than a large-sized individual firm. However, external economies of writing a case DLD College London scale do not necessarily lead to imperfect markets but may enable the country’s industry to achieve global competitiveness. Anglia? Although no single firm needs to a case study DLD College London, be large, a number of small firms in a country may create a competitive industry that other countries may find difficult to article writing Lancing, compete with. The automotive component industry o India and the semiconductor industry in Malaysia are illustrations of a case DLD College external economies of scale.
The development of sector-specific industrial clusters, such as brassware in Moradabad, hosiery in Tirupur, carpets in Bhadoi, semi-precious stones in jaipur, and diamond polishing in website Rugby, Surat, may also be attributed to writing a case study, external economies. The new trade theory brings in the concept of economies of scale to explicate the Leontief paradox. Such economies of scale may not be necessarily linked to the differences in factor endowment between the trading partners. The higher economies of scale lead to increase in returns, enabling countries to specialize in the production of such goods and trade with countries with similar consumption patterns. Besides intra-industry trade, the theory also explains intra-firm trade between the MNEs and their subsidiaries, with a motive to take advantage of the scale economies and increase their returns. Essay # 8. Article Writing? International Product Life-Cycle Theory of International Trade: International markets tend to study essay DLD College, follow a cyclical pattern due to a variety of factors over a period of time, which explains the shifting of markets as well as the location of production.
The level of innovation and technology, resources, size of market, and competitive structure influence trade patterns. In addition, the gap in technology and preference and the ability of the article, customers in international markets also determine the study London, stage of international product life cycle (IPLC). In case the writing Downside School, innovating country has a large market size, as in case of the US, India, China, etc., it can support mass production for domestic sales. This mass market also facilitates the producers based in these countries to achieve cost-efficiency, which enables them to become internationally competitive. However, in case the study essay London, market size of a country is too small to achieve economies of scale from the domestic market, the companies from these countries can alternatively achieve economies of scale by thesis writing University setting up their marketing and production facilities in other cost-effective countries. Thus, it is the economies of scope that assists in achieving the economies of writing a case study scale by expanding into international markets.
The theory explains the variations and reasons for change in production and consumption patterns among various markets over article writing website School a time period, as depicted in Fig. 2.3. The IPLC has four distinct (Exhibit 2.2) identifiable stages that influence demand structure, production, marketing strategy, and international competition as follows. Generally, it is in high-income or developed countries that the majority of new product inventions take place, as product inventions require substantial resources to be expended on RD activities and need speedy recovery of the a case essay DLD College, initial cost incurred by way of market-skimming pricing strategies. Since, in the initial stages, the freelance article College, price of a new product is writing a case essay DLD College London, relatively higher, buying the product is only within the means and capabilities of essay Downside customers in high-income countries. A Case Study DLD College? Therefore, a firm finds a market for new products in other developed or high income countries in the initial stages. The demand in the international markets exhibits an increasing trend and the innovating firm gets better opportunities for exports. Moreover, as the market begins to develop in other developed countries, the essay writing School, innovating firm faces increased international competition in the target market. In order to defend its position in international markets, the firm establishes its production locations in other developed or high income countries. As the writing a case DLD College London, technical know-how of the innovative process becomes widely known, the firm begins to establish its operations in middle- and low-income countries in children essay writing Downside School, order to take advantage of resources available at competitive prices.
The major thrust of marketing strategy at this stage shifts to price and cost competitiveness, as the technical know-how and skills become widely available. Therefore, the emphasis of the firm is on most cost-effective locations rather than on producing themselves. Besides other middle-income or developing countries, the production also intensifies in low-income or least-developed countries (LDCs). As a result, it has been observed that the innovating country begins to import such goods from other developing countries rather than manufacturing itself. The UK, which was once the largest manufacturer and exporter of bicycles, now imports this product in large volumes. The bicycle is at the declining stage of its life cycle in industrialized countries whereas it is still at a growth or maturity stage in a number of developing countries.
The chemical and hazardous industries are also shifting from high-income countries to low-income countries as a part of their increasing concern about a case study, environmental issues, exhibiting a cyclical pattern in international markets. Although the product life cycle explains the emerging pattern of international markets, it has got its own limitations in the present marketing era with the fast proliferation of critical in education (Navitas) market information, wherein products are launched more or less simultaneously in various markets. Essay # 9. Theory of Competitive Advantage of study London International Trade: As propounded by Michael Porter in The Competitive Advantage of Nations, the writing Rugby, theory of competitive advantage concentrates on a case DLD College London a firm’s home country environment as the essay School, main source of competencies and innovations. The model is often referred to as the diamond model, wherein four determinants, as indicated in Fig. 2.4, interact with each other. Porter’s diamond consists of the following attributes: Factor conditions refer to how well-endowed a nation is writing study essay DLD College, as far as resources are concerned. These resources may be created or inherited, which include human resources, capital resources, physical infrastructure, administrative infrastructure, information infrastructure, scientific and technological infrastructure, and natural resources.
The efficiency, quality, and specialization of underlying inputs that firms draw while competing in international markets are influenced by a country’s factor conditions. The inherited factors in case of India, such as the writing Rugby School, abundance of arable land, water resources, large workforce, round-the-year sunlight, biodiversity, and a variety of agro-climatic conditions do not necessarily guarantee a firm’s international competitiveness. Rather the factors created by meticulous planning and implementation, scientific and market knowledge, physical and study, capital resources and infrastructure, play a greater role in determining a firm’s competitiveness. The sophistication of demand conditions in write critique, the domestic market and the pressure from domestic buyers is a critical determinant for a firm to writing essay, upgrade its product and services. The major characteristics of critical thinking Ruskin University domestic demand include the writing study DLD College, nature of demand, the size and growth patterns of domestic demand, and the way a nation’s domestic preferences are transmitted to foreign markets. As the Indian market has long been a sellers’ market, it exerted little pressure on Indian firms to strive for article writing Lancing College, quality up gradation in the home market. However, as a result of India’s economic liberalization, there has been a considerable shift in writing essay DLD College London, the demand conditions. (iii) Related and Supporting Industries : The availability and quality of local suppliers and related industries and the state of critical Anglia development of DLD College clusters play an important role in determining the competitiveness of a firm. These determine the cost-efficiency, quality, and speedy delivery of inputs, which in turn influence a firm’s competitiveness.
This explains the development of industrial clusters, such as IT industries around Bangalore, textile industries around Tirupur, and metal handicrafts around Moradabad. (iv) Firm Strategy, Structure, and Rivalry : It refers to the extent of corporate investment, the type of strategy, and the intensity of local rivalry. Differences in management styles, organizational skills, and strategic perspectives create advantages and disadvantages for firms competing in critical in education, different types of industries. Besides, the intensity of domestic rivalry also affects a firm’s competitiveness. In India, the writing DLD College, management system is article website Rugby School, paternalistic and hierarchical in nature. In the system of mixed economy with protectionist and monopolistic regulations, the intensity of competition was almost missing in major industrial sectors. It was only after the economic liberalization that the Indian industries were exposed to market competition.
The quality of a case London goods and services has remarkably improved as a result of the increased intensity of market competition. Two additional external variables of Porter’s model for evaluating national competitive advantage include chance and government, discussed below. The occurrences that are beyond the article critique Ross, control of essay DLD College London firms, industries, and usually governments have been termed as chance, which plays a critical role in determining competitiveness. Critical Anglia (Navitas)? It includes wars and their aftermath, major technological breakthroughs, innovations, exchange rates, shifts in factor or input costs (e.g., rise in petroleum prices), etc. Some of the major chance factors in the context of writing essay London India include disintegration of the erstwhile USSR and the collapse of the communist system in Eastern Europe, opening up of the Chinese market, the Gulf War, etc.
The government has an important role to play in influencing the determinants of a nation’s competitiveness. The government’s role in formulating policies related to writing MacEwan, trade, foreign exchange, infrastructure, labour, product standards, etc. influences the determinants in the Porter’s diamond. Assessing country competitiveness : In order to writing a case essay DLD College London, facilitate the quantifiable assessment of competitiveness, the World Economic Forum has developed the Global Competitiveness Index. It presents a quantified framework aimed to measure the set of institutions, policies, and articles to write about Brighton, factors that set the sustainable current and writing a case study essay, medium-term levels of economic prosperity. The US was ranked as the most competitive economy in the world, followed by Switzerland, Denmark, Sweden, Singapore, Finland, and Germany whereas China and India were ranked at 30th and 50th positions, respectively.
India has made remarkable progress in improving its global competitiveness during the recent years. The rapid rise in writing, the share of the working age population for the last 20 years would add to study essay DLD College London, favourable demographics to India’s competitiveness. However, to article, benefit from this India will have to study essay London, find ways to bring its masses of young people into the workforce, by good articles to write Brighton College spending on education and improving the quality of its educational institutions so as to enhance the productivity of its young. Moreover, the country still has to writing a case essay, take effective measures (Exhibit 2.3) to deal with its bureaucratic red-tape, illiteracy, and infrastructure bottlenecks, especially road, rail, seaports and airports, and electricity, among others, so as to boost its global competitiveness. Essay # 10. Implications of International Trade Theories: The trade theories provide a conceptual base for international trade and shifts in trade patterns. This article brings out the significance of developing a conceptual understanding of the trade theories as it deals with the fundamental issues, such as why international trade takes place, trade partners, shifts in trade patterns, and determinants of competitiveness. The initial theory of mercantilism was based on accumulating wealth in terms of in education Ruskin University (Navitas) goods by increasing exports and restricting imports. Trade was considered to be a zero-sum game under the mercantilism theory wherein one country gains at the cost of the other.
However, a new form of a case study essay DLD College London mercantilism, known as neo-mercantilism, is followed by a number of countries so as to increase their trade surpluses. In 1776, Adam Smith advocated the concept of free trade as a means of increasing gains in world output from good articles to write about College specialization. The theory of absolute advantage suggests that a country should produce and export those goods that it can produce more efficiently. David Ricardo’s theory of comparative advantage was based on the international differences in labour productivity and a case, advocates international trade even if a country does not have an absolute advantage in the production of any of its goods. Although it is from thesis University, possible for a country not to have an absolute advantage in production of any good, it is not possible for it not to have a comparative advantage in any of the goods it produces. In the study essay, later case, the country should specialize in the production and export of those goods that can be produced more efficiently as compared to freelance writing College, others. The factor endowment theory highlights the interplay between proportions in which the writing a case DLD College, factors of essay School production such as land, labour, and writing a case study DLD College London, capital are available to different countries and the proportions in which they are required for producing particular goods. Trade between countries with similar characteristics such as economic, geographic, cultural, etc. is explained by the country’ similarity theory. The new trade theory explains the specialization by some countries in production and exports of freelance College particular products as international trade enables a firm to increase its output due to its specialization by providing much larger market that results into enhancing its efficacy.
The shifting patterns of production location are elucidated by the theory of IPLC that influences demand structure, production, the innovator company’s marketing strategy, and international competitiveness. Writing A Case Study London? The theory of competitive advantage comprehensively deals with the micro-economic business environment as the determinants of competitive advantage. Earlier trade theories suggested the shift in comparative advantage in low-skilled production activities from advance economies to developing countries. The product life-cycle theory too heavily relied on such presumptions. However, in recent years, the rapid shift of high-value activities such as RD, technology-intensive manufacturing, and white-collar jobs to India and other Asian countries have evoked considerable apprehension among intellectuals in the US and other advanced economies about whether free trade is still beneficial for their countries or not. This concern has been illustrated through Exhibit 2.4. It is article Lancing College, likely to continue as a matter of writing a case essay serious debate and in education Anglia Ruskin (Navitas), the upcoming economic thought may witness a significant deviation in terms of the a case study, support to theories based on free trade and, in him, globalization.
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