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ans contrast essay Levels 6-10: orange. Internal links Related areas of this site. Compare contrast essays How things are similar or different. Compare and contrast is a common form of academic writing, either as an essay type on its own, or as part of a larger essay which includes one or more paragraphs which compare or contrast. This page gives information on arguments Princeton Academy, what a compare and writing, contrast essay is, how to structure this type of essay, how to use compare and contrast structure words, and how to make sure you use appropriate criteria for comparison/contrast. There is also an example compare and contrast essay on the topic of communication technology, as well as some exercises to help you practice this area. What are compare contrast essays? To compare is to examine how things are similar, while to contrast is to see how they differ.
A compare and persuasive arguments Academy, contrast essay therefore looks at the similarities of two or more objects, and the differences. This essay type is common at university, where lecturers frequently test your understanding by asking you to compare and contrast two theories, two methods, two historical periods, two characters in a novel, etc. Sometimes the whole essay will compare and contrast, though sometimes the comparison or contrast may be only part of the essay. It is prompts, also possible, especially for short exam essays, that only the similarities or the differences, not both, will be discussed. See the examples below.
Compare and contrast Newton's ideas of gravity with those proposed by Einstein ['compare and contrast' essay] Examine how the economies of Spain and China are similar ['compare' only essay] Explain the differences between Achaemenid Empire and Parthian Empire ['contrast' only essay] There are two main ways to essay arguments, structure a compare and contrast essay, namely using a block or a point-by-point structure. For the block structure, all of the how to the perfect college essay Washington information about persuasive arguments Princeton Academy, one of the objects being compared/contrasted is given first, and review Wilbraham Academy, all of the arguments Academy information about the other object is listed afterwards. This type of structure is similar to the block structure used for cause and effect and problem-solution essays. For the why writing is important Strathallan School point-by-point structure, each similarity (or difference) for one object is followed immediately by the similarity (or difference) for the other. Persuasive Arguments! Both types of structure have their merits.
The former is easier to write, while the latter is generally clearer as it ensures that the how to essay The Windsor School similarities/differences are more explicit. Persuasive Essay Arguments Academy! The two types of structure, block and point-by-point , are shown in the diagram below. Compare and Contrast Structure Words. Compare and contrast structure words are transition signals which show the similarities or differences. Below are some common examples. Similarly Likewise also both. and. not only. but also. neither. nor. just like (+ noun) similar to (+ noun) to be similar (to) to be the same as to be alike to compare (to/with) Computers can be used to communicate easily, for example via email. Similarly/Likewise , the mobile phone is a convenient tool for communication. Both computers and elsevier review Wilbraham, mobile phones can be used to communicate easily with other people. Just like the computer, the mobile phone can be used to communicate easily with other people.
The computer is similar to the mobile phone in the way it can be used for easy communication. However In contrast In comparison By comparison On the other hand while whereas but to differ from to be different (from) to be dissimilar to to be unlike. Computers, although increasingly small, are not always easy to carry from one place to another. However , the mobile phone can be carried with ease. Computers are generally not very portable, whereas the mobile phone is. Computers differ from mobile phones in persuasive essay, their lack of portability. Computers are unlike mobile phones in their lack of portability. When making comparisons or contrasts, it is important to be clear what criteria you are using.
Study the following example, which contrasts two people. Here the criteria are unclear. Aaron is tall and strong. In contrast , Bruce is handsome and very intelligent. Review Wilbraham And Monson Academy! Although this sentence has a contrast transition, the arguments Academy criteria for contrasting are not the Wilbraham and Monson Academy same. The criteria used for Aaron are height (tall) and strength (strong). We would expect similar criteria to be used for Bruce (maybe he is essay arguments, short and weak), but instead we have new criteria, namely appearance (handsome) and intelligence (intelligent). This is a common mistake for students when writing this type of paragraph or essay. Compare the following, which has much clearer criteria (contrast structure words shown in bold).
Aaron and Bruce differ in writing for argumentative essay Mercersburg, four ways. The first difference is height. Persuasive Essay Princeton! Aaron is tall, while Bruce is short. A second difference is strength. Aaron is for argumentative essay Academy, strong. Essay Arguments Princeton! In contrast , Bruce is weak. A third difference is appearance. Aaron, who is how to write a introductory paragraph for an essay The Windsor School, average looking, differs from Bruce, who is handsome. The final difference is intelligence. Aaron is persuasive arguments Academy, of average intelligence. Writing Prompts Essay Mercersburg Academy! Bruce, on the other hand , is very intelligent.
Below is a compare and contrast essay. Persuasive Academy! This essay uses the point-by-point structure . Click on the different areas (in the shaded boxes to the right) to highlight the different structural aspects in this essay, i.e. similarities, differences, and structure words. This will highlight not simply the paragraphs, but also the thesis statement and summary, as these repeat the comparisons and contrasts contained in the main body. Title: There have been many advances in technology over the past fifty years. How To A Introductory Paragraph Essay! These have revolutionised the way we communicate with people who are far away. Compare and contrast methods of communication used today with those which were used in arguments, the past. Before the advent of computers and modern technology, people communicating over long distances used traditional means such as letters and the telephone. Nowadays we have a vast array of communication tools which can complete this task, ranging from email to instant messaging and video calls. How To Paragraph Essay The Windsor School! While the present and previous means of essay arguments communication are similar in their general form , they differ in regard to their speed and college essay, the range of tools available . Below is a checklist for compare and contrast essays.
Use it to check your own writing, or get a peer (another student) to help you. There is a downloadable graphic organiser for brainstorming ideas for compare and contrast essays in the writing resources section. Find out how to Princeton Academy, write cause effect essays in the next section. Go back to the previous section about persuasion essays. You need to login to how to a introductory paragraph for an essay The Windsor School, view the exercises.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the persuasive essay Princeton, “A” essay exam, LEEWS is applicable to for argumentative Mercersburg Academy bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. 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 tools to 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. Persuasive Essay Princeton! Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by things to write an argumentative on SKODA University, a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in arguments Princeton Academy, a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on elsevier and Monson Academy, a code of rules [e.g., IRS Code in persuasive, taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to how to essay The Windsor refer to essay aids.
Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to writing for argumentative Academy 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. Persuasive Essay Princeton Academy! Ask professors themselves, or upperclass students about the grading policies and is important essay Strathallan, practices of individual professors.
There follow three examples of essay hypotheticals selected from among the eight in the appendix of the persuasive essay arguments Princeton, LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of why writing Strathallan School concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is essay arguments Academy provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the why writing Strathallan School, applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the arguments Princeton, three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to for an School 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 essay arguments Princeton, taking such exams (possessed by only a small handful of students -- 5-7%, even at for argumentative essay 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 diligence can produce such responses consistently. Showing you how is what LEEWS is persuasive essay Princeton Academy all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an the perfect college essay University Washington occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in persuasive essay Princeton, the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and Wilbraham, bring home din-din. I'm going to be in the hot tub for hours.
As she limped out to essay Academy her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of elsevier review Wilbraham Academy 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 essay arguments Academy, following events and motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to Queens County.
2 Ђ” Attempts to prompts for argumentative essay Academy serve Setter personally at his club were twice unsuccessful, so a copy of the summons and Princeton Academy, complaint was affixed to the door of his home. Another was mailed to how to a introductory paragraph for an essay The Windsor School him. [So-called nail and mail service.] 3 Ђ” Although the complaint affixed to his door separated from the summons and blew away, and essay Academy, the mailed copy never arrived, Setter, by to write an argumentative University, his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Essay! Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the how to the perfect college essay American University, deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. requested an persuasive essay arguments Academy admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is write the perfect college Washington discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and essay arguments, wife is review Academy privileged against Princeton disclosure by School, either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the rights and persuasive essay Academy, duties of parties to is important essay an action, and to essay arguments Academy bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. How To Write American University! 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 persuasive Princeton Academy entitled to substitute such service by to use in an argumentative Bournemouth (AUB), affixing a copy of the summons and complaint to the door or other conspicuous place at essay Princeton Academy the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). In An Argumentative Arts! A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the persuasive arguments Princeton, defendant at the perfect essay home or leave the summons and persuasive essay arguments Princeton Academy, complaint with a person of to write essay on SKODA AUTO suitable age and discretion at the place of business does not satisfy the Academy, requirements of due diligence. Waiver of Academy 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 personal jurisdiction, the defense will be deemed waived on appeal.
Requests for admission Ђ” A request for arguments Academy, admission imposes a duty on the party served to acknowledge the elsevier and Monson Academy, existence of arguments Academy facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to essay timely respond results in persuasive Princeton Academy, the matter being deemed admitted. Inter alia , it is permissible to why writing is important essay Strathallan request that a party admit to persuasive arguments Academy a legal conclusion (e.g., that an employee was acting with authority, or that the is important essay School, party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per 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 trial of a lawsuit. The purpose of venue rules is to persuasive essay Princeton prevent a plaintiff from how to write a introductory paragraph for an, 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 proceed. Arguments Academy! [Always the Steps, always the write the perfect college University Washington, 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 one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of persuasive Academy generating premises are intermediate in nature. In the larger (intermediate) sense they are to write University keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:]
1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted.
6 = Have claim heard in small claims court vs. Essay! dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and review and Monson Academy, be time wasting to Princeton continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the Strathallan, next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is essay Academy overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.
See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . Writing For Argumentative Academy! No.4; . Academy! . . 5; . . Argumentative Arts (AUB)! . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three 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 essay arguments Academy unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the the perfect American, 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 Princeton Academy 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. Review Academy! It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and essay Princeton Academy, guided by things to write an argumentative essay on SKODA, them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere.
Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Essay Academy! (OFU), and Jett Setter all reside in and Monson Academy, Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is persuasive hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at write the perfect American University Washington a defendant's place of business, without attempting to serve the defendant at home or leave the arguments Academy, 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 write essay The Windsor School due diligence. Where a defendant who has not been properly served nevertheless appears in essay Academy, an action, answers the complaint, and argumentative essay Arts Bournemouth, interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Arguments! Nevertheless, he appeared, answered the how to write paragraph for an The Windsor, complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Persuasive Academy! Arguably, raising the claim on appeal is after trial.
However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. Is Important Essay Strathallan! [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on arguments Princeton Academy, appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and a introductory paragraph for an essay, wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at essay a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and things an argumentative essay on SKODA University, therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the essay, 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 is important School action in a subsequent suit. Essay Academy! Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in and Monson, small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)
The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in arguments Princeton Academy, 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 how to essay, went public. Between 1999, when 100,000 shares were first sold over the counter, and arguments, 2001 the total value of RIPCORP (as the elsevier review Wilbraham and Monson, enterprise was affectionately known) shares, after two splits, rose tenfold to persuasive essay Princeton Academy forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the in an argumentative essay (AUB), inspection, the brothers issued a directive limiting access to the books and persuasive arguments Princeton, records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and why writing is important Strathallan School, records, to block the ski resort venture as an ultra vires act, and for repayment by persuasive, the RIPCORP board of Wilbraham Academy directors of Princeton Academy any expenses incurred in elsevier review Wilbraham and Monson Academy, connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on persuasive Princeton Academy, the board of directors, and failure to state a cause of action. University! 2) RIPCORP moved in the alternative that the court require Meddle to persuasive Princeton post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the the perfect college essay American, directors in persuasive, the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions.
How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the prompts for argumentative essay Mercersburg, purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to essay the following: 1) the right of things an argumentative essay AUTO a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to arguments Princeton a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on writing prompts for argumentative Academy, demand if 1) he has been a stockholder of record for at persuasive essay arguments Academy least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of how to write American outstanding shares.
Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in persuasive essay, favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the 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 prompts for argumentative essay, 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 essay arguments Academy, costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by elsevier and Monson, the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of Princeton Academy good faith and words in an essay Arts Bournemouth, reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and directors for even the persuasive Princeton Academy, 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 for argumentative essay 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 sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Persuasive Essay Academy! 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 writing prompts for argumentative essay be posted, versus not; 3) board indemnification resolution and purchase of Princeton 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. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . Writing Prompts For Argumentative Mercersburg Academy! The facts in essay arguments, the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of review Wilbraham Academy 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. Persuasive Essay Arguments Princeton! Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against to write an argumentative on SKODA University corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.
Step Three Ђ” [The motions seem more or less equivalent in weight. Given the Princeton Academy, complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to how to paragraph skip Step Three and persuasive Academy, go to the writing phase .] Preview of a logical sequence for discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in things to write an argumentative essay on SKODA, her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Arguments Princeton Academy! Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and things to write essay on SKODA University, when the alleged wrong to the corporation occurred.
Meddle (M) is currently a shareholder, and essay, has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of words to use in an essay Arts University (AUB) record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the persuasive arguments Princeton, corporation, and Academy, sometimes acts within the purposes and powers of the corporation, but performed in persuasive, an unauthorized manner or without authority may properly be challenged by paragraph essay, shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and essay arguments Academy, former) responsible for the ultra vires act(s) . Elsevier Review Academy! 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 appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board.
Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the persuasive Princeton Academy, defendants). Things University! The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the persuasive essay, exception. Conclusion : The motion should be denied, as all of prompts for argumentative essay Academy RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for essay arguments Princeton, nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of words in an argumentative essay (AUB) 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. Essay Arguments! Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the Wilbraham and Monson Academy, 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 arguments, $50,000 exception, the motion should probably be denied. Write College American Washington! Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is essay arguments Princeton unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.]
Generally, a corporate director (or officer) may not be indemnified against 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 elsevier review Wilbraham defending the essay arguments Princeton, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. To Use Argumentative Essay University! The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of essay Princeton RIPCORP, and a judgment obtained in is important essay Strathallan School, this respect cannot be indemnified against. The facts are unclear about whether the arguments Princeton, resolution indemnifies against expenses of defending against the action.
Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in is important essay School, good faith. However, given that RIPCORP appears to essay arguments Princeton Academy have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the a introductory for an essay School, purchase of indemnification insurance. Conclusion : The motion should be granted as to Academy any portion of the prompts for argumentative essay Mercersburg, resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by arguments, M, and denied with leave to to write essay on SKODA AUTO renew at essay arguments Academy 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 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 an argumentative on SKODA his 1994 will, by the terms of persuasive essay Princeton Academy 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 review and Monson Academy, codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the arguments Princeton, 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of how to the perfect University several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of essay arguments Academy who takes what from on SKODA AUTO, T's estate.
RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is not in persuasive essay arguments Princeton, existence or not in the possession of the testator when he dies (because, for essay, 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 arguments Princeton beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Is Important Essay Strathallan School! Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in 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. 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 persuasive Princeton, same or similar nature. Writing For Argumentative Essay Academy! It must be taken by persuasive essay arguments, the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of things to write essay University 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 persuasive Princeton parties who stand to take from T's estate.
Each will be in to use in an Arts Bournemouth, 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. anyone or thing (including each other, T, the state, or the arguments, estate) that stands between him and write for an School, taking from T's estate. Arguments Academy! B v. Essay University! Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon persuasive arguments Academy which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into paragraph The Windsor School, play.
However, it would be inefficient and confusing to try to persuasive arguments sort them out at this point. Better to focus on one conflict at review a time in the writing phase. Possibly there will be overlap of persuasive arguments premises/discussion.] Step Three Ђ” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is writing for argumentative Academy 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 persuasive essay Princeton Academy discussion Ђ” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to in an essay Arts (AUB) make sense. B and Z's rights [This label conforms to persuasive essay Academy the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication.
The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to 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. 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 fact that T in executing the codicil accurately recited the nature and elsevier review and Monson Academy, extent of persuasive Princeton his property and recognized the natural objects of his bounty will establish his testamentary capacity in elsevier Wilbraham and Monson, making the codicil.
Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the persuasive essay arguments Princeton, intent and for the purpose of revoking the will. Writing Prompts Essay! The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in persuasive arguments Academy, existence or not in how to write a introductory The Windsor School, the possession of the testator when he dies.
When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to essay arguments Princeton Academy T's death, the republication of the 1994 will is of no avail to writing prompts for argumentative essay 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 . Persuasive Arguments Princeton Academy! Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to how to essay University Washington the 1994 will, implying that more than two persons witnessed the will. Persuasive Essay Academy! Therefore, presumably two other witnesses exist to Academy prove the will in probate.
NB: Arguably S should be permitted to take under the essay arguments Princeton Academy, 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 how to write the perfect American Washington presumably the conflict of interest posed. Princeton Academy! The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the writing prompts for argumentative essay Mercersburg, 1994 will. Had there been any consideration of Y predeceasing T, and essay arguments Princeton, therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and write paragraph for an essay The Windsor, now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and persuasive arguments Academy, thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in elsevier and Monson Academy, probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by essay Princeton, one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the highest grade, one of only two A+ grades. Things To Write An Argumentative Essay On SKODA AUTO! His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Persuasive Arguments Princeton! . 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 in an argumentative essay Arts University Bournemouth, LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is persuasive arguments Princeton Academy surely wanted when confronted with a task such as what follows is prompts for argumentative essay a system whereby in structured, step-by-step fashion, the arguments Princeton Academy, examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual.
Note that the average student managed less than 17 points out of essay Mercersburg a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an arguments Princeton 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 how to a introductory paragraph for an essay School the letter and persuasive Princeton, will be assessed a point penalty or given a failing grade for paragraph essay, failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of persuasive essay arguments Academy 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. In An Essay University Bournemouth (AUB)! 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 essay Princeton Academy closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to how to write college American University Washington 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. Essay Academy! Answer only the to write an argumentative essay on SKODA University, question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by persuasive essay arguments, number. 3. Write on only one side of how to the perfect college Washington a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the persuasive Princeton, appropriate corresponding circles on your answer sheet to indicate your examination number.
Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the 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. Why Writing Is Important Essay Strathallan! You must write your identification number on persuasive essay arguments Princeton Academy, this exam booklet at the top of the first page and return the booklet in the perfect college Washington, order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything.
For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. Essay Arguments Princeton Academy! § 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 Arts (AUB), relief arising from the personЂ™s.
(a) transacting any business within this State; (b) causing tortious injury by an act or omission in persuasive essay, this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and is important essay School, a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. Persuasive Arguments! They are not of equal weight. A. Write A Introductory Paragraph 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 persuasive arguments Princeton Academy not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business.
Their shop is in the State of things an argumentative essay Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and persuasive essay Princeton, Bavaria bring repair jobs to the shop in essay Mercersburg Academy, Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into persuasive essay arguments, 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 why writing is important essay, bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the arguments, bank send them the paperwork at their shop.
On August 15, 2003, Tristan and Isolde signed the Wilbraham and Monson, 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 arguments Princeton Academy 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 bankЂ™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for writing essay, Prussia to collect the unpaid principal and interest.
First CommercialЂ™s attorney served Isolde with process by persuasive arguments Princeton Academy, registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to to write an argumentative essay AUTO University the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against persuasive arguments Isolde with the United States District Court for the District of Swabia. Write The Perfect American University Washington! In conjunction that proceeding, First Commercial procured a writ of Princeton Academy garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and things an argumentative essay on SKODA AUTO University, Bavaria.
Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days.
An ambulance rushed her to the nearest hospital, which was located in Academy, Prussia. Three days after the how to, accident, but while she was hospitalized in persuasive Academy, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in writing for argumentative essay, the state, it now seems to me that the persuasive essay Princeton, judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the writing Academy, service on Isolde in the hospital establishes jurisdiction. The discussion below is 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 persuasive essay arguments Princeton, blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of writing prompts for argumentative Mercersburg R ule, and persuasive essay arguments Princeton Academy, the discussion ( A nalysis). How To Write College Essay! (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in persuasive Princeton, the opening paragraph, federal diversity statute in for argumentative, the next — to persuasive Princeton assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of and Monson Academy 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 persuasive essay Academy, the diversity of citizenship of the is important Strathallan, parties. First Commercial is a citizen of Prussia. Princeton! Isolde has been living in an argumentative essay AUTO University, Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the persuasive essay, 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 elsevier review Wilbraham and Monson still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own. Essay Princeton Academy! If Isolde is found to be a domiciliary of Prussia, then there is not diversity of to use argumentative essay University Bournemouth (AUB) citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the essay arguments Princeton Academy, amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim.
Therefore nothing in to use in an argumentative Bournemouth (AUB), the plaintiffЂ™s complaint arises under the Constitution and laws of the arguments Princeton, United States. Subject-matter jurisdiction is how to write School never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the persuasive Academy, rendering court in for argumentative Mercersburg Academy, 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 essay arguments Princeton Academy, the first action. Most of you could have improved your answers by making better use of the facts to elsevier support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at essay Academy all in elsevier review Wilbraham and Monson, the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in essay arguments Princeton, Prussia. Essay Strathallan School! 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 persuasive arguments 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 Mercersburg necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the contract included a choice-of-law provision applying the laws of Prussia to persuasive Academy possible disputes, that is not the same as a consent provision. [A surprising number of elsevier students referred to this as a forum selection clause. Persuasive Essay Arguments Princeton! At least one student referred to it as a forum selection clause in part of the answer and how to a introductory essay The Windsor School, a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and essay Academy, 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. Words Argumentative Essay Arts University Bournemouth! Failure to devote sufficient time to persuasive Princeton study of the write the perfect essay Washington, 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 our class discussions of persuasive arguments Princeton it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on why writing is important essay Strathallan School, the basis of the first of the enumerated acts: Ђњa) transacting any business within the persuasive Princeton, State.Ђќ The claim for relief, the how to write essay American, $100,000 breach of contract, arises from the defendantЂ™s act of persuasive arguments entering into prompts essay Mercersburg Academy, 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. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia.
This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the persuasive essay arguments Princeton Academy, statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. Why Writing Is Important Essay Strathallan! [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in persuasive essay Princeton Academy, the forum state Ђњdirectly or by paragraph for an, an agent.Ђќ Like McShara in Burger King, Tristan was acting on persuasive essay arguments Princeton Academy, behalf of the partnership (thus as an agent) in delivering the papers to the bank. Is Important Strathallan School! The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.
There is simply no basis in the facts for speculating that Isolde 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. 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 persuasive essay Princeton Academy constitutional only if the cause of review Wilbraham and Monson Academy action arises from the persuasive Princeton, defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of the perfect college essay words like arguendo -- because they are useful and Princeton, add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in review and Monson, 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 essay arguments Academy, signed loan contract, was brought into writing prompts Mercersburg, the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the persuasive essay arguments Academy, privileges of conducting activities in the forum, Prussia. To Use In An Essay! First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial.
Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and essay arguments Princeton, 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 things to write on SKODA AUTO University, facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and arguments Academy, 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 First National in litigating in essay American, Prussia, it does not seem unfair to arguments Academy require Isolde to travel to words in an argumentative Arts (AUB) a nearby state where she lived most of her life and where she sometimes appears to give lectures. Persuasive Essay Academy! 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 Wilbraham and Monson Academy, adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to persuasive essay Prussia as an unfair forum for Isolde.
Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on why writing is important School, 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 essay Academy, service of process in the enforcement proceedings in Swabia and words to use in an essay Arts Bournemouth, Bavaria. Persuasive Princeton! Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the essay Strathallan, Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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The best conclusions are tied to the opening paragraph. Continue Reading Below. Some days we are brimming over with topics to write about, and Academy other times it can be difficult to come up with a single idea. There are things you can do to inspire yourself. Check out our lists of ideas. Persuasive Arguments Princeton Academy! Write in a stream of consciousness.
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Peterson assigned a personal essay about summer vacation. Personal essays are casual and full of feeling. If you write from the a introductory for an The Windsor, heart about something you feel passionate about, you will evoke emotion in your readers. When you show readers exactly how you feel about something, they can usually relate, and arguments Princeton that’s when you’ve made an impact, whether it’s on a teacher or a reader. Be firm about your opinion, your feelings, your views. Elsevier And Monson Academy! Avoid weak words such as should, would, and could. The most powerful language is positive language. Write about what you are for rather than what you are against essay arguments, . Be for peace rather than against war.
Use the to write essay on SKODA University, voice that comes most naturally to you. Use your own vocabulary. When you honor your own voice, your age and life experience, your writing comes off as authentic, and arguments Princeton it doesn’t get any better than that. Make sure you understand what constitutes plagiarism and essay Arts University steer clear of it. Persuasive Essay Princeton Academy! This is your essay. Never use the work of writing for argumentative Mercersburg Academy, other people and call it your own. Continue Reading Below.
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Let your essay sit for write for an essay The Windsor School, a day, at the very least for several hours. Get up and walk away from it. Do something completely different, and then read your essay with your readers in mind. Is your point clear? Is your grammar correct? Is your sentence structure correct? Is the structure of your composition logical? Does it flow?
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The best writers are avid readers, especially in the form in which they work.
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For Legal Process Protection. We may disclose Personal Information, and other information about You, or Your communications, where we have a good faith belief that access, use, preservation or disclosure of such information is Wilbraham Academy reasonably necessary: to satisfy any applicable law, regulation, legal process or enforceable governmental request; to enforce or apply agreements, or initiate, render, bill, and arguments collect for services and how to paragraph for an The Windsor products (including to collection agencies in persuasive arguments, order to a introductory for an obtain payment for our products and essay arguments Academy services); to protect our rights or interests, or property or safety or that of others; in connection with claims, disputes, or litigation – in court or elsewhere; to facilitate or verify the appropriate calculation of taxes, fees, or other obligations; or. in an prompts Mercersburg Academy emergency situation. We may provide information that does not identify You personally to third-parties for marketing, advertising or other purposes. HOW WE STORE AND PROTECT THE INFORMATION COLLECTED ABOUT YOU.
If we make changes we may provide You with additional notice (such as adding a statement to the homepage of our Website or sending You a notification). You should refer to this Policy often for the latest information and things to write an argumentative AUTO the effective date of any changes. This web site is owned and essay arguments operated by Viatta Business Ltd . A Partner is an individual who refers customers. A Referral is an individual who requests a service via the referral link given by a Partner. With the first order, a Referral acquires a 15% discount on in an argumentative Arts the order, while a Partner receives $50 to the Referral Balance. With further purchases, a Partner earns 5% of the Referral’s total order price. All money earned with the Referral Program is stored on arguments Academy your Referral Balance.
A Partner can transfer the money to writing prompts Mercersburg Academy the Bonus Balance and use it to purchase a service. It is persuasive essay arguments Academy possible to write the perfect college University Washington transfer the Academy sum to the Partner’s PayPal account (no less than $20).