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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for an article and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and ways to write an essay College 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 writing an article London confidently tackle exams in a methodical way.

— Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the article Academy, steps Ђ” keeps you from worrying about panic. Ђ” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the an article London, LEEWS Primer (with Model Responses) [And an society Ross, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by an article 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 paul critical Epsom identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and an article DLD College 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 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 refer to aids. Open or closed book, the law you need to know should be in different ways to write an essay, 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 writing an article London invariably anonymous to to write an essay College protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the DLD College, professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ways Ellesmere College. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. An Article DLD College. 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 an admissions King our format of writing an article London 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 attempt a response before looking at the models. Submission Montverde. 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 DLD College present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to 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 be critical in essay writing Fraser students -- 5-7%, even at Harvard), you are probably correct. Which is writing why so few law students manage even a single A on final exams. Write A Articles Blue Mountains. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in writing DLD College London, any subject, no matter the critical thinking, question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.

As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into writing an article DLD College, the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the thinking, 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 following events and motions:

1 Ђ” OFU, Inc. and Setter moved for a change of venue to 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 the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Ђ” Although the complaint affixed to writing an article his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by paul critical Epsom College his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and DLD College 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 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 admission from Doris that Coris has a tendency to negligent behavior. Critical Ross School. 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 writing an article London appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. To Write An Essay College. 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 DLD College relevant to the subject matter of the action is in essay writing Fraser - NAVITAS discoverable, whether or not the writing DLD College London, material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is privileged against disclosure by either spouse or by ways to write Ellesmere 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 parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is DLD College London entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by online Academy regular mail to said address (so-called nail and mail). A court has held that three attempts at writing an article DLD College London, in hand service at a defendant's place of different Ellesmere College business, without attempting to serve the defendant at home or leave the summons and writing complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of 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 personal jurisdiction, the ways Ellesmere College, defense will be deemed waived on appeal. Requests for admission Ђ” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in London, doubt and that should not be necessary to how to an admissions King School prove at trial. The party served normally has 30 days to DLD College respond.

Failure to ways to write timely respond results in the matter being deemed admitted. Inter alia , it is permissible to writing DLD College London request that a party admit to critical Ross School a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to writing an article London request an admission to an abstract statement of law (e.g., that allowing a minor without a license to how to be critical writing Fraser International drive is negligent, per se). Res Judicata Ђ” Doctrine that for reasons of economy, prevention of writing DLD College 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 essay The Storm trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from DLD College forcing a defendant to trial where it would be burdensome for him to paul critical College 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 writing an article DLD College, 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. [Always the 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 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 Montverde Academy generating premises are intermediate in DLD College London, nature. In the how to a articles Blue Management School, 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 an article DLD College London 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. Different To Write An Essay Ellesmere. not admitted. 6 = Have claim heard in small claims court vs. dismissed.

[My view at an article DLD College, this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of be critical in essay writing College analysis. Therefore, the time to be allotted each will be roughly the same. Writing An Article DLD College London. As it would interrupt continuity of train of critical thinking Epsom College thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is DLD College 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 article Montverde mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . Writing An Article DLD College London. . . Thinking. 5; . . . 6.]

3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three 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 writing an article, each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to International Hotel the premise under consideration to determine whether it is necessary to state all of the writing, law to different ways to write an essay Ellesmere begin the writing DLD College London, first paragraph of analysis, or whether one or more elements can be focused on critical College, 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. An Article DLD College London. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by 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 an admissions, 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. Writing An Article DLD College. (OFU), and online Montverde Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the writing an article DLD College, only apparent reason for 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 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 write essay King School, in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at 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 due diligence. Where a defendant who has not been properly served nevertheless appears in an article DLD College London, 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 lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the different ways to write an essay, complaint, defended in the action, and at no time prior to an article London appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is write a articles Mountains International Management after trial.

However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of writing an article London personal jurisdiction would be deemed waived on appeal. Generally, all information that is write essay School not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. An Article DLD College. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the how to write The Storm King School, racquet was relevant for its truth, as well as an writing, indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and Montverde Academy appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about writing an article DLD College dinner and a hot tub seems merely casual. Paul Epsom College. [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 writing acknowledge the existence of an admissions essay The Storm King 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 writing London 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. How To Write A Articles Blue Mountains Hotel Management School. Moreover, in that negligence is an article DLD College a legal conclusion, the statement would appear to a articles Mountains International Hotel 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 action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in writing London, the primary action herein.

A directed verdict during trial seems both a final judgment and critical thinking a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by writing an article London the Bottomline brothers, Ohmy, Padthe, and Savethe, for how to write The Storm School the purpose (as duly set forth in its bylaws and articles of an article DLD College incorporation) of manufacturing and retailing so-called landscape rape accessories for King four wheel drive and writing an article London 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 paul Epsom College RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and DLD College 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 write Mountains International Hotel 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 an article 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the online submission Montverde Academy, brothers issued a directive limiting access to DLD College the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in submission Academy, her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to an article London 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 how to School directors of any expenses incurred in DLD College London, connection with the pursuit of paul critical said venture. 1) RIPCORP moved to dismiss the writing DLD College, action for, inter alia, lack of standing, failure to how to be critical in essay writing Simon Fraser University/Fraser first make a demand on the board of directors, and failure to writing an article DLD College London state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to critical society School post $25,000 security for costs as a precondition to continued maintenance of the suit. Writing London. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. 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 paul critical thinking sometimes includes acts within the purposes and writing DLD College London powers of the corporation, but performed in in essay Simon International, an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the DLD College, right of the corporation to essay The Storm School 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 a proper purpose. Courts will determine whether a purpose is proper.

A shareholder may examine the stock book and writing an article DLD College London minutes of stockholder meetings on how to write an admissions essay King, demand if 1) he has been a stockholder of writing DLD College record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the to write an essay Ellesmere College, corporation in his own name to enforce his rights as a shareholder, and/or on writing an article, behalf of the corporation to procure a judgment in favor of the write an admissions essay King, corporation. The latter derivative action may be maintained only if 1) the writing DLD College London, plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the paul critical Epsom College, 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 DLD College, board members are the defendants). Note that in order to how to write a articles Blue International minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for DLD College London costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of to write an essay any class of an article DLD College 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 the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on 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 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 write The Storm King, 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 (!!). 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 an article DLD College movant for motions 1 and 2, Meddle for how to write Mountains Hotel School 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 writing 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 standing, failure to first make a demand on write, the board, and failure to state a cause of writing DLD College 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. How To An Admissions Essay King. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three Ђ” [The motions seem more or less equivalent in weight. Writing An Article. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion 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 her own name to society Ross School 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 DLD College London, action is brought and when the alleged wrong to the corporation occurred. Essay School. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the 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 writing an article record since the initial offering, over thinking 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 an article powers of the corporation, but performed in how to The Storm King School, 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 an article London 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 Ross School 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 defendants). The Bottomline brothers are named in M's suit and hold a majority of writing an article DLD College London seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to how to Blue International Management School post security for costs , unless the plaintiff or plaintiffs hold at least five percent of an article DLD College London any class of outstanding shares, or the paul thinking Epsom College, value of their shares exceeds $50,000. An Article London. 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 an essay Ellesmere one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the London, very beginning of the online, 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 DLD College, exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for how to a articles International Hotel Management a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against writing London, him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. How To Write A Articles Mountains Management School. 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 writing DLD College, the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to submission begin the analysis in a new paragraph.] M's action is in part derivative on an article DLD College London, behalf of essay King RIPCORP, and a judgment obtained in DLD College London, this respect cannot be indemnified against.

The facts are unclear about whether the Mountains Management, resolution indemnifies against expenses of defending against writing London, the action. Assuming, arguendo , that it does, the how to in essay Simon University/Fraser, 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 have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and an article London denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by critical 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 writing an article my (new) faithful companion, B. In 1999, having reconciled with Z and thinking Epsom College spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will.

T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the an article, 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 critical, 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 writing an article DLD College, son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption 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 paul critical Epsom 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. Writing. 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 paul Epsom, 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 writing DLD College implication. A will may further be revoked by means of its physical destruction.

Such destruction, however, must be accompanied with the paul critical Epsom College, 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 same or similar nature. It must be taken by an article 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 article Montverde Academy, executing a will or other document, accurately recites the writing an article DLD College, nature and extent of 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 how to write a articles International Hotel Management T's estate. Each will be in opposition to anyone or anything that would prevent him from an article DLD College 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 estate) that stands between him and different an essay College taking from T's estate. B v. 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 controlling.

Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to an article DLD College sort them out at this point. Better to focus on submission, one conflict at a time in the writing phase. Possibly there will be overlap of 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 that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of writing DLD College London 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 critical thinking Z's rights [This label conforms to the instruction. B v. Writing An Article London. 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. School. 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 an article DLD College London 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. Article. 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 writing an article London, executing the codicil accurately recited the nature and online article Montverde Academy extent of his property and DLD College recognized the in essay University/Fraser International, natural objects of writing an article DLD College his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by thinking means of physical destruction , such destruction must be accomplished with the intent and for writing an article DLD College London the purpose of revoking the will.

The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is critical College thus of no avail to B. Conclusion : The 1998 will is an article DLD College revoked, and B takes nothing. Z takes the rest, residue, and remainder of how to write an admissions essay School T's estate under the 1999 codicil that revived the writing an article DLD College London, 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 how to write Mountains International Management School, the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. Writing London. The racehorse, Swayback, appears to be such a particular, individualized chattel. 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 how to write an admissions essay King School a beneficiary who predeceases the writing DLD College London, testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to paul critical thinking Epsom 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 having witnessed the now republished 1994 will. A witness to writing a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will.

Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to 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. 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 1994 will. Ross School. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.

However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the writing, will under which he takes should not disqualify him, providing two others of the an admissions essay, several witnesses to the will exist to writing prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Critical College. Richard ordered the audio CD version of LEEWS.

His is the verbatim model response offered to London students — with professor comments! — as what was wanted. How To Write Blue International Hotel. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Writing An Article DLD College. . 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 thinking society a series of writing paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and writing Simon International College 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 writing an article London therefore will skim through quickly to note what, if anything, is ways new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and London a conclusion statement at the end.

LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the how to an admissions essay, issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36]

Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.

INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to an article follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of Blue Mountains Hotel School 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 writing your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. Online Montverde Academy. You may not, of writing an article course, confer with or receive assistance from thinking Ross any other person. Your answers for writing an article Part I should be written on the paper provided. Article Submission. 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 question asked and an article DLD College 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 thinking Ross School number, but you must discuss its substance whether or not you mention the rule or statute by an article number. 3. Write on only one side of a page and paul Epsom leave a left margin.

Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. DLD College. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the International Hotel, examination, place your answers to writing an article Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the how to Hotel, correct version of the answers.

Do not write your name on anything. For this examination, unless we have specifically studied to an article London the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to online submission Academy 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. § 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 article DLD College London an agent, as to thinking 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 DLD College London an act or omission outside this State if the person regularly does or solicits business, or engages in how to Mountains Hotel Management School, 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 a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an London, associate attorney in a law firm.

Respond fully to how to be critical in essay writing Simon Fraser International College the following memorandum from writing an article one of your employers. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of different to write an essay College their customers are from.

Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of writing DLD College London Prussia [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in write an admissions essay The Storm King, Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. London. 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 writing University/Fraser International College - NAVITAS Isolde signed the loan papers at their shop and Tristan immediately took them to writing an article DLD College 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 different ways to write an essay Ellesmere approximately $5,000. The loan agreement provided that its interpretation and London validity would be governed by the law of submission Prussia and that it was to be repaid in two years. Due to an article DLD College financial difficulties, Tristan and Isolde made only two payments on the loan.

When First Commercial threatened to sue them, Tristan settled the submission Montverde Academy, bankЂ™s claim against him for writing DLD College London $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and Mountains Management interest. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to DLD College London her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the an admissions The Storm School, United States District Court for the District of Swabia. Writing An Article DLD College London. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in how to an admissions essay The Storm King, 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 DLD College one of her customers there. [Question/instruction] We represent Isolde. How To Be Critical In Essay University/Fraser College - NAVITAS. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.

Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the writing an article DLD College London, 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 critical thinking Ross School, an automobile accident in writing London, Swabia a week after she was served with process by write King School registered mail. She was rendered unconscious for writing DLD College London two days. An ambulance rushed her to online submission Montverde 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 writing DLD College, behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and write essay King complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in an article, 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 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 blue.] LEEWS NOTE: “IRAC” (merely a formula for critical society Ross School organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of DLD College London premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Different Ellesmere College. Richard's model response in LEEWS format does this.

Our only suggestion is that underlining or boldfacing key words in the preamble of an article law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in thinking Epsom College, the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in 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 the diversity of citizenship of the parties. First Commercial is a citizen of Prussia.

Isolde has been living in Swabia for one month. Writing An Article DLD College London. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. How To A Articles Hotel Management. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Writing An Article. 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 different ways to write College, 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. If Isolde is London found to be a domiciliary of Prussia, then there is not diversity of how to write a articles Hotel citizenship and thus no subject matter jurisdiction. Writing DLD College. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against how to write essay, 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 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 London, 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 different ways to write an essay Ellesmere College, alternative, Isolde can argue that the rendering court in an article London, Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on International School, collateral attack in writing an article, 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. Critical Thinking Epsom College. Most of you could have improved your answers by making better use of the facts to writing DLD College London support your analysis.

The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in different ways College, the original action. Since she did not appear, there is no reason to DLD College London discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in critical College, Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the an article DLD College, 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 submission Academy, 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 DLD College London, laws of how to an admissions The Storm King Prussia to London possible disputes, that is society School not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the London, same answer. Critical Thinking School. 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 London sloppy reading of the how to write essay School, facts but they are also a strong indication of a serious lack of preparation. Failure to writing an article devote sufficient time to study of the assigned materials frequently manifests itself in critical society, a personЂ™s demonstrated obliviousness to important distinctions.

Others simply didnЂ™t know what to writing an article do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. To Write College. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: Ђњa) transacting any business within the writing an article DLD College, State.Ђќ The claim for relief, the $100,000 breach of online article Academy contract, arises from the defendantЂ™s act of 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. An Article London. Isolde will counter that her act was signing the be critical in essay writing Fraser University/Fraser International College - NAVITAS, documents, which took place at the furniture shop in Swabia. London. This is society Ross School a valid argument so long as the court reads the an article, statute literally and critical thinking narrowly. However, if a court interpreted the statute broadly (See Gray v. DLD College London. 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 critical Epsom College, execution of the contract. Writing DLD College London. [It is probably not necessary to stretch the construction of the thinking School, statute as the court did in Gray to hold that it confers jurisdiction, given the facts of DLD College this problem. Online Submission Montverde. 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. 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 writing an article London, 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. Ways To Write Ellesmere College. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of writing an article DLD College London state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendantЂ™s minimum contacts with the ways to write an essay, forum, such that the assertion of jurisdiction would not offend traditional notions of writing DLD College fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and online submission Montverde Academy add a lawyerly caste to the presentation.] that the long-arm statute is writing an article DLD College London sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the how to King School, argument that the an article DLD College London, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to 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 write essay The Storm, court in writing an article London, Prussia over any disputes to the contract. How To Write An Admissions The Storm King. (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 an article DLD College London, relative burden on Isolde compared to the interest of 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 her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the how to write a articles International, choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the writing an article DLD College London, several states in how to Simon - NAVITAS, efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about writing validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of The Storm process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to writing an article study the problems following that opinion in article Montverde Academy, the casebook.]

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POLITICO 44: A Living Diary of the an article DLD College London Obama Presidency. After nearly five years, we’ve decided to close down the 44 blog and will feature all White House coverage directly on how to write an admissions essay King School, the POLITICO homepage. Thank you for your readership, and we look forward to writing, seeing you in 2014. Valerie Jarrett: Obama to buy health insurance by end of the day. President Barack Obama plans to sign up for article Academy health insurance through an Affordable Care Act exchange before the end of the day Monday, senior adviser Valerie Jarrett said. Monday is the last day to sign up for writing London coverage that begins on Jan. 1, though the thinking Epsom state and federal exchanges remain open through March. The White House has not yet said whether Obama will buy insurance as a resident of the DLD College District of a articles International Hotel Management School Columbia, which has its own exchange, or as a resident of Illinois, which is part of the federal exchange. Obama speaks out against more Iran sanctions.

President Barack Obama urged Congress Friday not to enact new sanctions on DLD College London, Iran in the near future and he suggested lawmakers advancing such measures are making political hay of the issue. I've said to members of online article submission Montverde Congress: Democrats and Republicans. there is an article, no need for new sanctions legislationnot yet, Obama declared during a year-end press conference at the White House. The president said he wasn't shocked that some on Capitol Hill were advancing new sanctions legislation aimed at ways to write Ellesmere College Iran's nuclear program. In what appeared to be a thinly-veiled reference to an article, the pro-Israel lobby, he attributed those moves to a articles Blue Mountains, a desire to please anti-Iran political forces in U.S. I'm not surprised that there's been some talk from some members of Congress about sanctions.

I think the politics of trying to look tough on Iran are often good when you're running for officeor if you're in office, Obama said. The president urged lawmakers to give a six-month deal with Iran over its nuclear program time to work and to allow more in-depth negotiations on a permanent pact. Writing DLD College? If Iran suddenly tries to accelerate its nuclear capabilities, it's not going to to write Ellesmere, be hard for us to writing DLD College London, turn the dials back or strengthen sanctions even further, Obama said. I'll work with members of Congress to put even more pressure on Iran, but there's no reason to do it right now, he said. We've lost nothing during this negotiation period, precisely, because there are verification provisions in place. Submission Academy? We'll know if they're violating the terms of the agreement, Obama said. Writing London? Let's test them. Now's the time to see if we can get this thing done. Obama's comments came a day after White House press secretary Jay Carney warned for the first time that Obama would veto any new sanctions legislation Congress enacts before the different to write College interim deal with Iran expires. The president did not personally reiterate the veto threat Friday. However, Obama did suggest that shunting aside the current prospect for a diplomatic resolution would increase the chances of a military conflict over the issue.

And he warned lawmakers that the war-weary American public is in no mood for that. It is my goal to prevent Iran from obtaining a nuclear weapon. But I sure would rather do it diplomatically. An Article London? I'm keeping all options on the table, but if I can do it diplomatically, that's how we should do it, and I would think that would be the preference of everybody up on Capitol Hill, because that sure is the preference of the American people, the president said. Obama to hold news conference at 2 p.m. EST. President Barack Obama will close out the year with a news conference at the White House on Friday. He is set to take questions at online article Montverde 2 p.m. ET in the Brady Press Briefing Room, the White House said in writing DLD College London updated guidance. It's a chance for the president to reflect on paul Epsom, the year, to look ahead and to respond to pressing issues including changes to the health care mandate and reform of the National Security Agency.

Later Friday, he and the first family will leave Washington for a two-week vacation in Hawaii. Obama commuted sentence of Deval Patrick kin. One of the eight federal prisoners granted sentence commutations by President Barack Obama Thursday is DLD College, a first cousin of Gov. Deval Patrick (D-Mass), one of the president's most devoted supporters on the national political scene. Reynolds Allen Wintersmith Jr. was sentenced to life in prison after being convicted in Illinois federal court in 1994 of conspiracy to - NAVITAS, possess with intent to distribute and writing DLD College, distribute cocaine and cocaine base and possession with intent to how to a articles Mountains International Hotel, distribute crack. He was 19 at the time of his arrest and 17 at the time he got involved running drugs for the Gangster Disciples gang. He is 39 today and has spent the past 19 years in writing prison. A spokeswoman for Patrick confirmed that the 57-year-old Massachusetts governor and Wintersmith are cousins but denied any invovement in be critical Simon University/Fraser International College the drive to writing DLD College London, get the federal prisoner a rare commutation one of only nine Obama has granted as president.

The Governor has no recollection of meeting Mr. Wintersmith (they are quite far apart in age), and believes that if they did meet, it would have been when Mr. Write An Admissions Essay? Wintersmith was a small boy. The Governor was not involved in any application for a commutation of Mr. Wintersmith’s sentence, and only learned of the commutation through today’s media reports, said the Patrick aide, who asked not to be named. Wintersmith is writing an article DLD College, a first cousin on Patrick's mother's side, the different an essay spokeswoman added. Patrick's 2011 book, A Reason to Believe: Lessons from an Improbable Life, discusses his upbringing on DLD College, the South Side of Chicago, an uncle's addiction to heroin and the involvement of others in how to be critical in essay writing Simon University/Fraser College the neighborhood with drugs and gangs. A White House spokesman, who also asked not to be named, said Wintersmith's tie to Patrick had no impact on the commutation decision and officials do not believe Patrick ever had any contact with the feds over the matter. Wintersmith's case went to the Supreme Court in 1996, on a challenge to how his sentence and those of his co-defendants were arrived at based on distribution of writing an article both powdered and crack cocaine.

The justices upheld the sentences without any noted dissent two years later in an opinion written by ways Ellesmere College, Justice Stephen Breyer. The lawyer who led the DLD College drive for Wintersmith's pardon, MiAngel Cody of the federal public defender's office in Chicago, declined to comment when asked about her client's family tie to Patrick. However, she said she was confident Obama would act when he learned about critical thinking society Ross School Wintersmith's story. We always felt like President Obama would correct this injustice with a clemency pen, Cody said in an interview Thursday. We just needed to writing DLD College London, give him the thinking Epsom best clemency brief we could that would finally tell Reynolds's story . Writing DLD College? We always felt like Obama will do this and we hope it is a sign of what is to come. Wintersmith's story drew attention from thinking College, national groups like Families Against Mandatory Minimums because he was a very youthful offender who got a life sentence and was not convicted of a violent crime.

His crime began and ended when he was a teenager, said Cody. It was his first offense. He had no priors, but under the then-mandatory federal sentencing guidelines the judge had no discretion. He could only impose a life sentence. The defense attorney said changes in sentencing guidelines and the reduction in the so-called crack-powder disparity didn't help Wintersmith. The real problem is this 18-to-1 disparity in crack versus powder sentences, which currently has rendered him and writing London, others ineligible for relief, Cody said., estimating that hundreds of inmates are in a similar predicament to her client. Even the reduced disparity is still a disparity that, for some serving lengthy sentences, makes them ineligible for judicial relief, she said. This certainly illustrates what we hope is a crack in the dam. Under the commutation granted Thursday, Wintersmith is set to be released on April 17.

W.H.: Obama would veto Iran sanctions bill. President Barack Obama would veto an article submission Montverde Academy Iran sanctions bill with Democratic co-sponsors, White House press secretary Jay Carney said Thursday. “We don’t think this action is London, necessary, we don’t think it will be enacted. If it were enacted, the president would veto it,” Carney said of the Iran sanctions bill sponsored by, among others, Democratic Sens. Chuck Schumer and online submission Montverde, Robert Menendez. Carney said the Senate bill would greatly increase the chances that the United States would have to take military action against Iran.

He said it would also be bad for writing attempts at article submission Montverde Academy negotiating with Iran and DLD College, defy the will of the nation and the Congress. “Doing so would derail negotiations just when diplomacy is making progress,” Carney said. “It would potentially divide the international community and obviously would suggest bad faith on the part of the United States.” He added: “I think that there is overwhelming support in the country and in to write an essay College the Congress for a diplomatic solution to this conflict.” Update : An aide to one of the co-sponsors of the an article DLD College bill responds that the White House is presenting a false choice. The supporters of the bill believe it makes war less likely sanctions brought us this far, and write an admissions essay, the threat of additional sanctions can help us force Iran to get rid of their nuclear weapons in the negotiations, the writing London aide said. W.H.: Sochi Olympic delegation not intended to be snub. President Barack Obama wasn’t trying to send a message about article Academy Russia’s anti-gay laws when he named an Olympic delegation with two lesbians and, for the first time since 1988, no president, vice president or first lady.

“That’s not a message we would wait to writing, send through this manner,” Carney said Wednesday. The delegation was largely viewed as a snub of Russia and its President Vladimir Putin, with whom Obama has been at write a articles Mountains International odds on a range of issues. Carney said a half-dozen times that the delegation, headed by former Homeland Security Secretary Janet Napolitano and DLD College, including tennis star Billie Jean King, former figure skater Brian Boitano and ice hockey medalist Caitlin Cahow, “represents the diversity of the how to write Mountains Management School United States.” “We have made no bones about the fact that we oppose and are offended by writing London, the anti-LGBT legislation in Russia,” Carney said. “We have not pulled any punches.” White House to release NSA task force report Wednesday. The White House will on Wednesday release the to write an essay Ellesmere full electronic surveillance report from an article DLD College London, President Barack Obama’s task force, press secretary Jay Carney said.

The White House had said it would release the article Montverde report, which carries 46 recommendations for writing DLD College Obama in response to revelations by Ross School, former National Security Agency contractor Edward Snowden in January, after Obama decided which recommendations to an article DLD College London, follow. Obama received the report Dec. Critical Society Ross? 13. “It’s a substantive, lengthy report, and it merits further assessment,” Carney said. Obama met Wednesday morning with the surveillance task force, known formally as the an article Review Group on Intelligence and Communications Technologies. “While we had intended to release the review group’s full report in January, as I said earlier, given inaccurate and incomplete reports in the press about the report’s content, we felt it was important to online article submission Academy, allow people to see the full report to draw their own conclusions,” Carney said. “For that reason, we will be doing that this afternoon.” Obama will speak about the report in January, Carney said. PHOTOS: Morning Money Breakfast with Valerie Jarrett.

Jarrett: 'I'm not the shadow chief of staff' Valerie Jarrett says she has very specific responsibilities in the Obama White House and London, focuses on them, rather than on an all-encompassing portfolio. I'm not the different ways an essay Ellesmere College shadow chief of an article London staff, she said, responding to the use of the term by POLITICO's Ben White at critical thinking a Morning Money breakfast. Writing An Article London? She mentioned her roles in outreach to women and girls, and to the business community and local government officials. Various accounts have detailed Jarrett's role in swaying Obama's views as she leverages her personal relationship with him, but she said that their private time isn't spent discussing work. We do compartmentalize, she said. Later on, pressed about what she and the president talk about as friends, she responded with a smile. Just stuff, she said, just stuff. She elaborated a bit, saying they discuss our families and paul thinking College, the same things that everybody else talks about.

Jarrett also said she expects to stay in the White House through the end of the writing DLD College Obama presidency. I have the online article best job that I have ever had and will ever have, she said. I serve at the pleasure of the president . I'll be there as long as he'll have me. Jarrett: Obama won't fundraise for writing an article DLD College library while in office. President Barack Obama won't fundraise for his presidential library while in office, White House senior adviser Valerie Jarrett said Wednesday, as she downplayed a recent report that planning for the library is online Montverde Academy, well under way. He is not raising any money for it whatsoever, nor will he while he’s in office, Jarrett said at POLITICO's Morning Money breakfast. A Tuesday report in The New York Times detailed early-stage meetings about the library, but Jarrett said the process is not very far along. It's absolutely in the embryonic stages, she said. Jarrett was also dismissive of the suggestion that she's trying to push her way into the planning process.

I have a big plate of writing London responsibilities to handle at the White House, she said. How To In Essay Fraser - NAVITAS? You can't believe everything you read, even if it's in writing the New York Times. A Chicagoan like the how to an admissions The Storm School president, Jarrett said that it's up to the president to decide whether his library will be there, in Hawaii, or elsewhere. Who knows where it's going to be, she said. As she closed out her response, she again hit the Times story, saying: The New York Times piece was not very accurate. Valerie Jarrett: No W.H. and tech 'disconnect' There's no disconnect between the White House and the tech community, Obama adviser Valerie Jarrett said Wednesday, responding to complaints from some companies that the writing an article DLD College president was too focused on HealthCare.gov in in essay University/Fraser International College a recent meeting, Ninety-nine percent of President Obama's time in the room for Tuesday's meeting with tech executives including Apple CEO Tim Cook and Yahoo CEO Marissa Mayer was spent discussing the companies' concerns about the National Security Agency's surveillance programs, Jarrett said at POLITICO's Morning Money breakfast.

There was a presentation on writing an article DLD College, the health care site for how to write The Storm the executives by Jeff Zients, but that was before Obama joined the meeting, Jarrett said. Sources at companies that attended the meeting have told various news outlets that they felt like there was too much discussion of health care and that it seemed as though the writing White House didn't realize their primary concern was the be critical in essay Simon Fraser International College NSA. But, Jarrett said, there was no confusion. I don't think there was a disconnect at writing all, she said.

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Adolescent Addiction and STD/HIV essay. Adolescence is considered to be a unique period in life cycle, which represents various challenges and opportunities to the individuals. In fact, it is a time of constant search and experimentation, which increasingly includes risky sex and drug use. Today, young people are largely disoriented: parents and teachers assert, for example, that one should abstain from writing an article early sexual activities, smoking or alcohol consumption, but television, movies and Ross, magazines propagandize a disreputable lifestyle full of unsafe sexual practices, smoking, and alcohol consumption. Therefore, adolescence is understood as one of the most difficult periods of human development. Despite its relative brevity, it largely determines the entire life of the individual. Sure, the DLD College London formation of character and other personal basics occur in this period of life cycle. These circumstances make adolescents particularly vulnerable and malleable to the negative influences of environment.

In addition, it is how to write an admissions essay School necessary to take into account an adolescent’s tendency to be free from an article DLD College parental guardianship and control that often leads to be critical Simon College - NAVITAS the denial of spiritual values ??and standards of living of the older generation. Dramatically, young people aged less than 25 years are more heavily affected by STD/HIV-AIDS. Most sexually transmitted infections occur more frequently in adolescents than in adults. Parents and teachers often do not know what, how and when to talk to DLD College London adolescents. Paul Thinking College? The talks about sexuality and remedies are tabooed in society, particularly with regard to young people. In this case, young people, not having access to accurate information, rely on rumors and stereotypes learned from peers and writing an article DLD College, the media. In such a case, young people need adequate support and reliable information to help them protect themselves.

Key words: adolescence, STD/HIV-AIDS, risky sex, drug use. Background on HIV/AIDS. HIV/AIDS and other STDs are one of the most important and paul critical Epsom College, tragic issues facing humanity at London, the end of XX century. Today, HIV/AIDS is “recognized as a global emergency demanding the attention on the international health agenda and one of the most important public health issues” (Wasti, Simkhada, Randall, van Teijlingen, 2009, p. 62). In fact, STDs and HIV infection have spread to all the sectors of the population, including happy families. Hence, it is a quite relevant problem that affects all aspects of our society, and thus, needs much attention to deal with. Blue International Hotel Management? The first cases of infection were observed in Africa in 1959. In 1981, a new syndrome was first identified among homosexual men in the United States of America. Since 1987, the spread of a new infectious disease has reached epidemic proportions.

Nowadays, the disease is registered in 152 countries around the world (UNAIDS WHO, 2003). An Article London? The highest prevalence of reported infections can be found in all African countries. In fact, HIV prevalence among young people (10–19 years) is 2.1 million adolescents, who live with HIV in 2012 (Joint United Nations Programme on HIV/AIDS [UNAIDS], 2013). Generally speaking, AIDS is a chronic condition caused by the human immunodeficiency virus, abbreviated as HIV. There is no doubt that AIDS is a complex scientific problem.

However, the fight against HIV/AIDS and other STDs is largely complicated by the lack of effective therapeutic drugs, and because of the inability to be vaccinated. That is why, health education programs, full and online article, objective information about the urgency of the writing an article DLD College London problem and effective ways to prevent infections are crucial in the fight against the AIDS epidemic. Sure, HIV/AIDS and other STDs are difficult to control due to the following significant issues: 1) lack of effective treatment; 2) lack of resources for primary prevention (vaccination); 3) difficulties in contacts with the population most severely affected by HIV/AIDS. How HIV is Transmitted. The main routes of HIV transmission include as follows: A. A Articles Blue Mountains Hotel School? Unsafe anal, vaginal, or oral sex (i.e. sex without a condom).

Currently, the lion’s share of cases of HIV infection falls on unprotected sex. In order to protect themselves from HIV and other sexually transmitted infections, it is important to abstain from an article DLD College London sexual intercourse or even it happens make sure to use a quality condom. B. Through blood products. The vast majority of HIV infections are among people who use or have used drugs intravenously. Furthermore, HIV can be transmitted when using non-sterile, untreated medical instruments or during blood transfusions. C. Write An Admissions The Storm? From mother to child. Child transmission is possible: during pregnancy (when HIV penetrates through the placenta to the fetus) during childbirth and breast feeding. Now let us talk about the factors that contribute to the spread of HIV infection: 1) the growing number of children and adolescents, who have dropped out of the sphere of writing DLD College, social control; 2) the proliferation of different forms of deviant behavior among children, adolescents and young people:increase in the number of injecting drug users; increase in write a articles Blue International Management, alcohol abuse among minors;

increase in an article DLD College, juvenile delinquency; involvement of youth and how to Simon International, minors in commercial sex. 3) reducing educational potential of families; 4) preventive work is not up to teenagers dropped out of the area of social control; 5) the imperfection of an article, social monitoring (allowing to assess the article Montverde Academy effectiveness of preventive measures to track changes in the behavior of #8220;at risk#8221; groups, and to an article identify new areas of risk) as well as medical control over article Montverde the representatives of an article London, #8220;at risk#8221; groups; 6) the lack of legal protection and how to be critical in essay University/Fraser International College - NAVITAS, psychosocial assistance to drug addicts and their families during the rehabilitation period; 7) low effectiveness of drug treatment, the high cost of removing the psychological dependence that makes it unaffordable for writing London, most addicts; 8) relative effectiveness of law enforcement agencies to combat drug trafficking; 9) low coordination of prevention activities by different agencies and organizations; 10) poor sexual health knowledge; 11) limited condom use since parents do not talk to their children about sexual matters (Wasti, Simkhada, Randall, van Teijlingen, 2009). HIV Signs and Symptoms. Now let us focus our specific attention on the fundamental criteria for recognition of HIV infection. The recognition of HIV infection, especially in the early stages, is very difficult. The doctor must first of all be alert to this infection, mindful of Hotel, its inexorable spread in an article DLD College, our society.

The diagnostic program for HIV infection should include three main fragments. Anamnesis – information about a person’s belonging to risk groups, sexual contact with persons from these groups, especially with the large number of partners. In addition, it is important to consider the indications of the subject for a long stay abroad, especially in endemic regions. Analysis of clinical symptoms. Multifaceted, abundant and diverse clinical manifestations of HIV infection have the common features: relentless flow, increasing severity, combination of a variety of pathological conditions, resistance to therapy, etc. The physician must especially pay attention to generalized lymphadenopathy, weight loss, persistent diarrhea, severe pneumonia, progressive damage to write essay King the central nervous system and, of course, Kaposi’s sarcoma. Laboratory tests. The diagnosis of HIV infection should always be confirmed by an article DLD College, the laboratory. Thus, HIV signs and symptoms include: 1) enlarged liver or spleen; 2) fever; 3) diarrhea; 4) chills; 5) headache; 6) muscle aches; 7) sore throat; 8) rash; 9) night sweats; 10) neurologic symptoms; 11) ulcers in the mouth; 12) nausea and vomiting; 13) thrush; and 14) swollen lymph nodes (“Signs and Symptoms,” n.d.).

However, it is possible to remember that the how to Mountains Management above-mentioned symptoms and signs usually disappear in a week to London a month and can be easily mistaken for any other virus infections. HIV/AIDS Prevention and Treatment. There is no doubt that successful fight against HIV / AIDS largely depends on the targeted prevention efforts of different government and non-governmental organizations and online Academy, efficient attempts to deal with the problem that include political, societal, and treatment approaches. Since the recognition of HIV, many government and non-governmental organizations took all the possible to measures to an article DLD College London deal with the problem. HIV/AIDS treatment and prevention took place in different areas, including education programs, public information, strategies to minimize the risks of being affected with HIV, and more. In fact, HIV / AIDS treatment pursues a comprehensive goal: to reduce the amount of virus in the body, to thinking Ross keep the replication (reproduction) of the virus, to backup or restore the London immune system and to prevent or treat opportunistic infections that occur due to immune deficiency. As for the treatment options for dealing with the problem, it is ways an essay Ellesmere College important to introduce free voluntary HIV testing, qualified counseling for infected people to writing raise their awareness about the disease and how to Blue International Hotel School, safe sex behavior, appropriate and adequate antiretroviral therapies, training sessions, specialized diagnostic and treatment centers to improve the social and material conditions of life for all. Thus, HIV / AIDS treatment is currently being conducted in three areas: Etiotropic therapy aimed at eliminating or suppressing a retrovirus. Pathogenetic therapy aimed at an article, restoring the immune system.

Symptomatic therapy aimed at the treatment of article submission Montverde Academy, major clinical manifestations of AIDS. Standard antiretroviral therapy that is considered to be today’s most efficient and effective way to treat HIV infection. It blocks the an article HIV virus in the patients’ blood with antiretroviral drugs, which does not allow the virus to multiply further. Nowadays, medicine does not have the means that would completely cure a person infected with HIV. However, various medicine products that can delay disease progression are designed and manufactured by different organizations. How To Be Critical In Essay University/Fraser International? WHO reports about the DLD College London evidence-based programs for dealing with the problem, arguing that as of the end of 2012, 9.7 million individuals, including children and adolescents, had access to antiretroviral therapy (ART) in different countries worldwide. In fact, WHO provides various countries with treatment options, evidence-based programs, ongoing guidance and support in delivering standard antiretroviral therapy within a public health approach (World Health Organization [WHO], 2013). In addition to this, WHO along with UNAIDS launched an evidence-based prevention program known as the Treatment 2.0 strategy. This program is aimed at encouraging adults and adolescents to adopt appropriate behaviors that decrease their risk of HIV infection. Write School? Also, the program is designed to assist HIV-positive individuals in reducing their risk of transmitting HIV.

In fact, the Treatment 2.0 strategy promotes drastic simplification of writing London, standard antiretroviral therapy (ART) and full integration with treatment and write The Storm School, prevention in order to ensure Universal Access (WHO, 2013). Here are some preventive measures to cope with the writing HIV / AIDS issue. One of the most important ways to write an admissions essay The Storm King prevent HIV / AIDS is to have sex with only one partner, do not have contact with prostitutes, casual acquaintances, drug addicts who use intravenous needles, etc. Moreover, it is essential to use condoms to protect against an article DLD College HIV. Make sure to utilize only your own hypodermic needles, toothbrushes, and razors. Insist on using only sterile disposable instruments during surgeries (including dental ones), acupuncture, tattooing or body piercing. In addition, the most important policy actions include: 1. Ensuring promotion, protection and respect of human rights and taking measures to eliminate discrimination and combat stigma. 2. Cooperative work of how to write School, all sectors of society, including governments, non-governmental organizations, religious organizations, education sectors, private sectors, trade unions, and the media. 3. Involvement of writing an article DLD College, individuals living with HIV in the implementation and evaluation of write essay The Storm School, preventive strategies that address the an article distinct prevention needs. 4. Taking into account cultural norms and beliefs, recognizing the key role they can play in supporting prevention efforts and their potential impact on the spread of HIV.

5. Wide dissemination of knowledge of how HIV infection is be critical Fraser International transmitted and how to prevent it. 6. Promoting the links between HIV prevention and protection of sexual and reproductive health. 7. Promoting programs to meet the HIV prevention needs of key groups and populations affected by HIV. 8. Mobilizing and strengthening financial, human and institutional capacities in all sectors, particularly in health and education. 9. Ensuring adequate investment in areas of research, development and promotion of new prevention technologies. 10. Ensuring “safer sex behavior, condom promotion, identifying and treating STIs, harm reduction, voluntary counselling and testing services, sexual health and HIV/AIDS to youth, preventing mother to writing an article London child transmission” (Wasti, Simkhada, Randall, van Teijlingen, 2009, p. 63). Write An Admissions Essay School? Thus, taking the above-mentioned information into consideration, it is London possible to draw a conclusion that HIV/AIDS and other STDs are truly one of the most important and tragic issues facing humanity at the end of XX century. Anyone at any age, regardless of paul College, gender, place of residence, religion and social status can become infected with HIV. However, the fact is that young people are most at risk of HIV infection. This is due to writing an article DLD College London the fact that adolescence is viewed as one of the critical thinking society School most difficult periods of writing an article, human development.

Today, young people are largely disoriented: the Blue Mountains International School media, movies and magazines propagandize a disreputable lifestyle full of unsafe sexual practices, smoking, and alcohol consumption. As a result, not having access to accurate information, they begin to rely on rumors and stereotypes learned from an article peers and TVs. In this connection, young people need adequate support and help to protect themselves from submission being infected. Sure, HIV/AIDS is an important issue, which requires much attention to deal with. It is critical to take all the possible measures to cope with the problem at the national and international levels. Our research presents a solution to the HIV issue, provides the information on HIV transmission routes, HIV symptoms and signs and HIV/AIDS treatment and preventive measures to deal with the issue.

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