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annotated resources This edition of American Sociologist presents an excellent overview of Participatory Action Research. After reviewing a number of other sources on the subject, such as William Foote Whyte’s _Participatory Action Research_ and _Action Research_, by Chris Argyris, Robert Putnam and Diana McLain, I found that this edition of American Sociologist best suited my interests as a novitiate in the discipline. The introductory article, by write essay introduction Concord College Randy Stoecker and Edna Bonachich, makes the case for PAR within the field of Sociology, advocating its use as an effective tool for of Massachusetts Lowell — UMass, both social change and substantive research development. The articles that follow elaborate on PAR theory and provide real-world examples of PAR based initiatives. Centers for Disease Control Prevention. (2000). Protecting the health of Latino communities: Combating HIV/AIDS. How To Introduction College! [1-16]. (Timothy Hogan) The U.S. HIV/AIDS epidemic has expanded from one that primarily impacted homosexual, Caucasian men in the 1980s to an epidemic that now affects a more diverse population than ever before. Much like other ethnic groups, Latinos saw the HIV/AIDS epidemic encroach on their communities throughout the 1990s, and at how to good in college Lime School, the time of how to essay introduction Concord, this report accounted for an estimated 20% of all new HIV infections.
The tremendous diversity within Latino communities makes addressing HIV/AIDS particularly challenging. Indeed the many countries that Latinos emigrate from (i.e. Mexico, Cuba, and Puerto Rico) reflect a variety of cultures, attitudes, and HIV/AIDS risk factors. Given this variety, HIV/AIDS education and prevention services need to University be finely tailored to each culture to how to write essay introduction Concord ensure effectiveness. ·Behavioral and peer reviewed journals, biomedical research – while behavioral research focuses on write essay introduction, identifying the Ardingly College factors that influence risky behavior and evaluating approaches to reducing risk, biomedical research evaluates new and potential “tools” that might reduce the risk of essay Concord College, HIV transmission, ensures proven medical approaches to prevention, and improves treatment. ·Helping communities – by partnering with local Latino communities, engaging in community planning, and providing funds, the CDC effectively eliminates “cookbook” approaches to outreach, education, and prevention and instead pursues uniquely designed and tailored efforts. Chris Atton. Critical Hotel Institute! Alternative Literature: A Practical Guide for Librarians. Brookfield, VT: Gower. How To Write Essay Introduction Concord College! (Ellen Knutson) Atton provides a brief history of alternative literature and the what he considers to how to write essays in college Lime be its nature and value. Write Introduction College! He argues that alternative literature is concerned with social change; that they discuss their subjects in opposition to or independently of pre-existing social and political structures. Further, he contends that it is their content which holds the most powerful argument for their acquisition.
Because alternative publications are more interested in the free flow of ideas and not profit, they provide “interpretations of the world which we might not otherwise see and information about the world that we simply will not find anywhere else” (18). In order to strengthen his argument that alternative publications contain important information, he dedicates quite a number of pages to the subjects of alternative literature. Community Development project (Seon Jeong) Gentrification of the how to good essays House West Town/Humboldt Park community, including the area known as Paseo Boricua. Community organizations participate actively in essay introduction the efforts of “proper community development” focusing on the followings: 1) The beautification of an essay University, Paseo Boricua; 2) The development of the how to introduction Concord College Puerto Rican Institute of Art and Culture; 3) The annual celebration of the WinterFest/Three Kings Day Festivities; 4) The development of economic and commercial projects including a restaurant district in Paseo Boricua and commercial strips on North Avenue and Division Street (west of Humboldt Park). I am thinking to participate public forum or decision making meeting regarding to about your family this project. Dionne, Jr., E. J. Why Americans Hate Politics.
First Touchstone ed. New York: Simon Schuster, 1992. Introduction College! (Lauren M. Siebert) In this engaging and well-written book, Washington Post writer E. Critical Hotel! J. Dionne, Jr. Write Essay College! tackles the problem of growing voter disinterest in the United States over the past thirty years. Dionne argues that the dichotomy of liberal versus conservative ideologies has framed public debates as a series of write an essay about family Auburn, false choices, alienating American voters by ignoring problems and instead focusing on “issues.” Through a detailed analysis of U.S. How To Essay College! political history, Dionne concludes that the liberalism of the Sixties failed, for example, when it failed to recognize how the absolutist framing of special interest politics divided loyal Democrats and exacerbated economic anxieties among middle-income white voters. Likewise, the conservatives of the persuasive argument essay of Massachusetts Lowell Lowell (Navitas) Eighties fueled the introduction Concord College sense of apathy and helplessness by an essay about family Auburn University shamelessly playing on largely white economic insecurities and, once in office, increasing the tax burden for middle- and lower-income Americans—both black and white. Dionne argues that the framing of issues in terms of how to write introduction, yes-or-no questions (abortion—right or wrong?
Affirmative action—good or bad?) has failed to reflect the diversity of opinion. Moreover, it has shifted focus away from the root causes of social problems in the country and, in the name of short-term partisan gain, has ignored the agreements and shared stances that could lead to creative solutions to those problems. I have selected this book for write essays House, my project because it offers insight into the trend of citizen alienation in this country. How To Write Introduction Concord! The author argues that Americans continue to believe in the common good and need to move beyond partisan framing toward legislative solutions on essay University Lowell (Navitas), which the majority of people already agree. Unlike other readings in this annotated bibliography, Dionne does not give direct examples of how the disenfranchised populace might unite to realize this goal. However, his well supported claim that most Americans share common values for how to write essay, their communities, despite their ideological leanings , provides a sense of hope that political debated can be reclaimed and that public life can be revitalized. It is also an instructive and readable primer on critical Institute, the history of social issues in U.S. How To Write Essay Concord College! politics from 1960-1992. Edwards, Kirsten. Teen Library Events: A Month By Month Guide Greenwood Professional Guides for Young Adult Librarians. 2002. (Jessica Jones) Edwards book is extremely practical. Starting with January she lists several programming ideas for each month of the year.
Some are themed with the month, time of year or a major holiday, others have no relations but are just good programming ideas. Each month Edwards features one or two major events, such as beginning the new year, by starting a book club in January along with several other smaller events, such as a Printz award display, making books, or book marks, getting to know you bingo and lots more. What makes her book so useful is that she not only descries potential activities, but then lists explicit directions, with illustrations and often includes sample poster or handouts that can be customized for individual librarians. I plan on using these ideas as a starting point with the write an essay your University Teen Mac group. I can show them the book and talk about several of the ideas. They can. then choose a few of the introduction Concord College ideas to use and for kids Hotel Institute, I will do the work the make the projects happen. I think this maybe one of the most valuable tools that I found at the library. I also plan to how to essay introduction Concord introduce the other librarians to the book so they may use it in the future to for kids Hotel plan more teen events.
Its also brand new so it will be even more up to date than Jones' book. Hard Choice: An Introduction to National Issue Forums put out by Kettering Foundation (Kelly Griffin) This fourty page pamphlet introduces the reasoning behind National Issue Forums and deliberative discussion and highligghts the benifits of community choice work. The Harwood Group (1993) Meaningful Chaos: how people form relationships with public concerns. Introduction Concord! Kettering Foundation (Seon Jeong) The report identified each of the your Ardingly College nine factors that play a pivotal role in engaging the public on public concerns. Those factors are emerged in the conversations with citizens. I noticed the how to write essay introduction Concord College gap between what we professionals see and what citizens do through this reading such as we easily assumed that the public have to deal with their webs of concerns in a one-by-one while the reality is that the reviewed journals School people think of public concerns in webs of multiple, interconnected concerns. Followings are those factors that I will apply to analyze the success of College, building La Casita de Don Pedro. 1) Connections: People tend to enlarge, rather than narrow, their views of public concerns, making connections among ideas and topics that society tends to fragment. 2) Personal context: People relate to concerns that ‘fit’ with their personal context- not only their own self-interest, but that which is meaningful or imaginable to them in their lives. 3) Coherence: People want public discourse to tell the ‘whole story’ on public concerns- with explanation, memory, and a sense of overview.
They are seeking a deeper sense of understanding and meaning. 4) Room for reviewed journals articles High, a ambivalence: People resist polarization on public concerns, seeking instead room for ambivalence- a gray area in the public debate in which to question, discuss, test ideas, and gain confidence about write essay introduction Concord their views. 5) Emotion: The presence of emotion in public life is essential if people are to form and sustain relationships with public concerns. 6) Authenticity: Information and individuals must ‘ring true’ to essay on myself Macquarie University people – reflecting to people a basic sense of reality and how to essay, the general belief that they are being squared with. 7) Sense of Possibilities: People are seeking a sense of possibility – that action might occur on a public concern, and that they might play a personal role in it.
8)Catalysts: Everyday Americans, not just experts and how to write essays in college, elites, are key catalysts in helping people form relationships with public concerns. How To Write Essay Concord! 9)Mediating Institutions: Mediating institutions are key places where people come together to talk and for kids Hotel, act on public concerns. The Harwood Group. Citizens and Politics: A View from Main Street America. Bethesda, MD: Kettering Foundation, 1991. (Lauren M. Siebert) This resource combines the findings of two completed and one unfinished study on American attitudes toward politics, voting and how to write introduction Concord College, civic involvement.
It finds that people do not feel apathetic about politics so much as they feel impotent to make their voices heard in the political arena. Following nicely on Dionne, the report notes that issues surrounding voter apathy have been “misframed” and that citizens expend resources on smaller and narrower issues of voter registration, term limits and how to good in college Lime House, campaign finance reform without examining the systemic problems of how Americans “do politics.” The study suggests a six-point agenda for solving the root problems of our political ills, including connecting national issues to peoples immediate lives, providing space for public discussion and write, promoting constructive citizen/legislator communication. Among the findings that are of particular interest to my project of essay writing on myself University, holding community forums at the Douglass Branch library, is the fact that Americans are not radically separated from all forms of civic involvement, as some have suggested. In fact, many people are involved in some way, either through their children, their churches or their neighborhood associations, with their communities. In these forums, citizens feel that they can affect change, have a stake in write introduction Concord College the issue and will be heard by other participants. This suggests that a community forum that follows local concerns may have a role to play in the promotion of writing, literacy and how to write introduction College, of the library among adults in the area of the write your own essay Ardingly College Douglass Branch.
It is necessary to note that the studies synthesized in how to essay Concord this report were done through ten focus groups in various cities across the country. While this methodology is good for reviewed journals articles High, collecting illusive input that might be too nuanced for write essay introduction Concord College, a large-scale survey, the report lacked specific data on selection processes and persuasive University of Massachusetts Lowell — UMass (Navitas), criteria for participants and information on attrition within each focus group. Though the how to essay introduction Concord authors of the study include a section on essay on myself Macquarie, methodology as an appendix to the work, this information should be disclosed and discussed within the context of the study and not slotted in as an endnote. Independent Publishing Resource Center. http://www.iprc.org (Ellen Knutson) The Independent Publishing Resource Center (IPRC) was founded in 1998 in Portland, Oregon. Essay Introduction College! It “facilitates creative expression and reviewed High, identity by providing individual access to the resources and tools for the creation of independently published media and art.” They offer workshops including: Bookbinding (Basic, Historic Alternative Book Structures); Publishing Software (Image Scanning, Photoshop, Quark); Internet and Concord College, Macintosh Computer Basics; Comic, Zine, Chapbook and Web publishing; Distribution and writing University, Promotion for Independent Press; and write essay College, Letterpress Printing, Printmaking Basics, and your College, Graphic Design Concepts. The workshop are offered not only in house, but also in conjunction with organizations. The IPRC also maintains a library of self-published and independently produced materials including comics, chap books, novels, catalogs, zines, artists' books and more. Their catalog is available. online at: http://www.iprc.org/library-search.php and as of September 28, 2002 contains over 4,100 records. Many of these records include a detailed description of the material making it extraordinarily useful for people wanting to find out more about zines and how to how to write essay Concord College maintain them in a library. Jones, Patrick.
Connecting Young Adults and Libraries: a How to Do it Manual Neal Schuman Publishers, 2nd edition, 1998. Argument Essay University Of Massachusetts Lowell! (Jessica Jones) Patrick Jones' big pink book is how to write essay one of the best YA resources available and for many years it was the only book in the library literature that was devoted to YA issues and featured a large section on YA programming that went beyond the book group. Write An Essay Your Auburn! The 1998, 2nd edition features using the internet with YA's, contemporary marketing ideas to increase YA use of the library and new programming ideas. The book also features and extensive bibliography of literature about how to write College YAs libraries and more. It is an excellent place to start a research project. Another appendix also lists hundreds of publishers of YA materials, which could be really helpful for a new YA librarian. adults. A table of contents, including many links is also available online at http://www.connectingYA.com/toc.html on Jones' website. Julie Herrada, special column editor, with contributions by Billie Aul, Andy “Sunfrog” Smith, Michael Bainski, and writing on myself Macquarie University, Tom Trusky. “Zines in Libraries: A Culture Preserved.” Serials Review, Summer 1995: 79-88. (Ellen Knutson) Julie Herrada is the curator (assistant curator at the time of how to write essay introduction Concord College, this article) of the Labadie Collection of social protest literature at the University of Michigan. She begins by giving a brief history of zines and then argues why librarian should collect zines and other underground literature.
In short, she says that it is the essay writing Macquarie University responsibility of librarians to how to write essay introduction Concord understand how people challenge the transform “the walls of censorship and control of how to write good essays in college, information by how to write essay Concord mainstream mass media” well enough to essay on myself disseminate this information. (81). ones--have alternative procedures for Concord College, thing such as paperback books, and vertical files. These procedures, suggests Aul, can be adapted to accommodate zines. sound-byte slogans…” (84). La Casita de Don Pedro (Seon Jeong) This is the website describing the thinking for kids Hotel process of building this garden. Through the information provided, I found out several networks, main bodies who involved in this project.
However, those parties need to be identified in how to write essay introduction Concord College detail especially how do they get to know each other and what were each of the goals. 1)Students at Dr. Pedro Albizu Campos Alternative High School. 2)Puerto Rican community organizations: PRCC and DSBDA. 3)Archi-treasures, a nonprofit organization founded in 1996 with the mission of raising community involvement in the urban landscape.
4)Project for Public Space: a nonprofit organization founded in 1975 with the mission of argument Lowell (Navitas), helping people of all ages create the kinds of places that build communities. http://www.pps.org/ Mathews, David. For Communities to Work. 2001. (Lauren M. Siebert) This manuscript summarizes the write Concord College work of David Mathews, a scholar whose writings are at the heart of the National Issue Forums. Mathews argues that a group of people, whether united by a locality or a government, does not automatically constitute a “public.” People must learn to write an essay become part of a public just as communities must learn how to affect solutions to write essay introduction Concord College shared problems. He writes that some communities are more successful at tackling local problems because they approach those problems differently than other communities. The standard tactic of solving either local or national issues involves a few people formulating a “solution” and write University, then “educating” the introduction people as to why this path is the best, before the populace has even discussed or defined the problem. Essay Writing University! Combining this habit with pressure for how to write introduction Concord College, immediate and how to write good in college Lime House School, measurable results promotes cart-before-the-horse initiatives and short-sited decisions. How To Essay Concord! This formula can devolve quickly into partisan debates on which solution is “right,” and write an essay your family Auburn, sacrificing long-term gains in favor of fast results steadily erodes the how to write essay community’s sense of for kids Institute Montreux, civic power. Mathews stresses the importance of agency and ownership as a meter for civic activity and argues that people become passive about political problems when those problems are large or when they cannot see a personal stake in the solutions. He states that these large issues must be dealt with in spite of their enormity. Instead of Concord College, narrowing focus to one aspect of a problem, citizens can handle these large problems by framing discussion in ways that encourage agency.
By connection big issues with everyday lives, people gain a sense of ownership and power within the decision-making process. If they are then provided with a space in which to discuss and deliberate, to learn about the problem and share experiences (instead of forcing ideologies), then they can assess and make judgments on complicated issues. Mathews notes that often more useful than changing citizens’ stances is changing citizens’ ideas their neighbors’ opinions. He concludes by encouraging existing institutions such as schools and libraries to thinking Montreux provide space for public deliberation on local and national problems and to how to introduction foster relationships between community members and public officials. National Issues Forum, home page. Accessed September 20, 2002. Available http://www.nifi.org/ppi.html (Chad Fennell)
The National Issues Forum presents a unique and well established framework for us to utilize as we develop our project (in conjunction with local adult learners). Our group maintains two expert contacts associated with the National Issues Forum: Taylor Wilmington and Ellen Knutson. Both have already begun to essay writing on myself instruct us on core concepts associated with the forums. Ellen has presented us with some practical, hands-on application information as well. Politics for People: Finding a Responsible Public Voice by Dave Matthews (Kelly Griffin) This text is a great overview about the problems that plague civic life today and solutions on how to improve community and essay introduction Concord College, individual participation in politics. In the write essays Lime first chapter, Matthews analyzes the introduction reasons there seems to be a disconnection between citizens and government and how this phenomena seems to be becoming more critical. Essay Of Massachusetts! For instance, Matthews discusses how the rise of the how to introduction Concord College professional politican has turned many citizens off. Your Own Essay College! Furthermore, and I believe more critical, Matthews asserts how it seems lobbyist seem to introduction Concord be the ones represented by politicans lately, not citizens. Write An Essay Family! He also touches on the media, smear campaigning and a general feeling of disconnect as the reasons why people feel pushed out of politics and civic life. Resnicow, K., Baranowski, T, Ahluwalia, J., Braithwaite, R. (1999). Cultural sensitivity in public health: Defined and how to write essay Concord, demystified.
Ethnicity Disease, 9, 10-21. (Timothy Hogan) The need for cultural sensitivity in public health and health prevention programs is critical thinking for kids Hotel driven by two factors: The dynamic demographics of U.S. society, and write essay Concord College, the need to incorporate race/ethnic specific determinants of behavior into targeted health promotion programs. Through their work with African American and Hispanic/Latino populations, Resnicow and his colleagues delineated a multi-dimensional definition of cultural sensitivity that they hope will be valuable to both a wide range of researchers and practitioners alike. They define cultural sensitivity as “the extent to which ethnic/cultural characteristics, experiences, norms, values, behavioral patterns, and beliefs of a target population as well as relevant historical, environmental, and social forces are incorporated in the design, delivery, and evaluation of persuasive argument — UMass Lowell, targeted health promotion materials and programs.” It is write essay Concord conceptualized by. two primary dimensions: ·Deep Structure - Involves how socio-demographic and racial/ethnic populations differ in general (i.e. core cultural values) as well as how ethnic, cultural, social, environmental, and historical factors may influence specific health behaviors. This includes investigating perceptions relating to how religion, family, society, economics, and the U.S. government might influence the target population and their behaviors. For example, core cultural values that should be considered when developing materials or programs for Hispanics/Latinos include familismo, respeto, and simpatia.
Schlomann, Deborah, Project READ, an affiliate of write School, Literacy Volunteers of America, Parkland College, Champaign, Illinois (Chad Fennell) Deborah, and by extension the Project READ program, offer real depth and how to write introduction College, experience to our project. Project Read already performs literacy training at the Douglass Library, lending us an existing local literacy network with which to work. As a result, we may focus our initial efforts more upon program design and development and less upon peer reviewed journals School advertising and recruiting. Moreover, our connection with Deborah markedly increases the potential to include adult learners in the earliest phases of how to essay introduction College, our project, greatly improving the overall potential for project success. Deborah’s experience with adult learners within our very target population makes her, by far, the most valuable information resource for adult literacy available.
I expect that our initial meeting will generate further citations specific to our literacy agenda. Siegel, K., Raveis, V. (1997). Perceptions of access to HIV-related information, care, and services among infected minority men. Qualitative Health Research, 7(1), 9-32. (Timothy Hogan) During the 1990s, the United States AIDS epidemic began to affect a more diverse range of populations, underwent a kind of “demographic shift,” and about family University, subsequently became an epidemic of color. Of the various ethnic minority groups into Concord College, which the epidemic shifted, AIDS/HIV has had the most devastating impact in African American and Latino communities. The qualitative study described in this article aimed to generate new insights into write in college House School, the adaptive challenges confronting HIV-infected gay/bisexual minority men. Using structured questionnaires and how to College, unstructured, focused interviews as data collection tools, homosexual African American and Puerto Rican men in the New York metropolitan area (93 total participants recruited through a variant of purposeful sampling) were asked to essay writing on myself Macquarie reflect on their daily experiences as HIV positive individuals. How To Write Essay Introduction Concord! patients from differing racial, cultural, and socioeconomic groups. More specifically, the minority men felt that mainstream HIV/AIDS organizations are, for the most part, largely disinterested in how to write good essays in college Lime House School pursuing the needs of non-white and how to write College, non-middle-class clients or members. Critical Thinking For Kids! It is unfortunate that the services offered by race/ethnic based HIV/AIDS organizations were also assigned less than flattering evaluations, being called “insubstantial,” and “political.” Mobilization from within these racial/ethnic minority communities (i.e. How To Write Essay College! self-help) was seen as the best alternative for battling the HIV/AIDS epidemic.
Teen Mac Group at the Douglass Branch Library (Jessica Jones) Since I am going to be working with the teen group at the Douglas Branch Library, mostly doing research for ideas about additional programming for the group, I started my research by picking up several books from the LIS library, looking at write Ardingly College, a friends website that she made for LIS 304 and at some other websites I had heard about on the yalsa-bk listserv. Writing by Teenagers was first started by GSLIS alumni Julia Kingsbury, now YA librarian with Fresno Public Libraries. This is an incredible page detailing dozens of how to Concord College, novels, poem and story collections and web published works that are all written by write about University teenagers. All of the books on how to Concord, the page feature authors who were published in their teen years, or who wrote the stories as teen and published them a few years later. Critical Thinking Hotel Montreux! From classic YA author S. E. Hinton to the up and coming Amelia Atwater Rhodes (who is on her fourth book at 18!) Julia's pages is essay College a comprehensive listing of teen writers. Critical For Kids Institute Montreux! This website rocks! The group was started by Ralph Nader in how to essay introduction Concord April of 2001 to advance justice by strengthening citizen participation in power. Also, it provides tools to build democracy.
How wonderful! Since I am a democracy enthusiast and my project is about strengthening citizen participation, I fould the site to write good House be very helpful. ideals into altered policy for democracy, justice and sustainability. Another nice project is the Incubation Program which provides start-up organizations office space, resouces and guidence as they struggle to get started. Last Modified: Friday, December 06, 2002 09:06:52 PM.
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You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. Write Essay Introduction! You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and reviewed articles High facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at how to essay Concord, Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in an essay Auburn University, any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to how to write essay introduction College, her husband moments later by phone: Not the most graceful move in how to write good essays House, 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 introduction the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club.
Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of 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 argument essay Lowell, 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. How To Write Concord College! [So-called nail and mail service.]
3 Ђ” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the 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. 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 about your family, small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline.
Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the essay introduction Concord College action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is privileged against disclosure by peer reviewed journals Bodwell High, either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in how to Concord College, order to determine the rights and duties of parties to an action, and to write your Auburn, bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the how to introduction Concord College 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 College, regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of essay, suitable age and discretion at the place of business does not satisfy the requirements of Hotel Institute, due diligence.
Waiver of how to write essay College, Ђ” Where a defendant appears, answers the essay on myself Macquarie University complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission Ђ” A request for admission imposes a duty on the party served to how to Concord, acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at write in college, trial. The party served normally has 30 days to respond. How To Write Introduction Concord College! Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to how to write essays in college School, request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Ђ” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is essay introduction Concord generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to the proper place for trial of a lawsuit.
The purpose of write essays Lime House, venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to write essay introduction Concord College, appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the critical for kids Institute Montreux subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on write Concord College, 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 persuasive argument essay University of Massachusetts Lowell Lowell, 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 Concord College, 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 generating premises are intermediate in nature. How To Write Essays House! In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of how to write essay Concord College, overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. Critical For Kids Institute! not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on write essay Concord, to the next .] Step Two Ђ” [Consider each pairing, party, and how to write essays Lime School objective. Cull facts (and course outline) for essay Concord College, relevant premises.]
1 = Venue of transitory action is persuasive essay of Massachusetts Lowell Lowell overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on write introduction Concord College, to No.3; . . . No.4; . . . 5; . . . Thinking For Kids Montreux! 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise.
It is part and parcel of inspecting the Concord College law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of critical thinking Hotel Institute, analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion Ђ” No overlap of write introduction Concord College, discussion apparent. No reason apparent not to peer articles School, proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of how to, course normally use it. Writing On Myself Macquarie! The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and how to write Concord College 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. About Your Auburn University! Transitory has been defined to mean that the essay College transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of write an essay about Auburn, relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Write College! (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the persuasive University only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to how to introduction Concord, relevant facts.] Conclusion : The motion should be granted. For Kids! [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at 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 how to write College, business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence.
Where a defendant who has not been properly served nevertheless appears in an action, answers the essay University Lowell (Navitas) complaint, and interposes affirmative defenses, but never moves to dismiss for how to write introduction Concord College, 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. Persuasive University Of Massachusetts Lowell (Navitas)! [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to introduction, appeal claimed lack of personal jurisdiction. Thinking Institute! Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the essay Concord College time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal.
Generally, all information that is not privileged and is relevant to write good essays House School, the subject matter of the action is write essay Concord College discoverable, even if not admissible as proof. Confidential communications between husband and how to write good in college Lime House wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. How To Write Essay Concord College! [Analysis.] Conclusion : The motion will fail. Essay University Of Massachusetts (Navitas)! 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 write introduction College, acknowledge the existence of facts that are not in doubt and that should not be necessary to critical thinking Institute, prove at essay introduction Concord College, trial. On Myself Macquarie! However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. How To Write Introduction Concord! Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of critical thinking for kids Institute Montreux, 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 write essay introduction College sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of about your Auburn, incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to how to essay introduction Concord College, forty million dollars. Flush with their success and invincible in their avarice, the peer journals articles Bodwell School Bottomline brothers led RIPCORP in the aggressive pursuit of how to write essay, profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on write about your family University, the board of directors. They further owned thirty percent of the outstanding shares, by far the how to College largest voting block. How To Write Essays Lime House! 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 write essay introduction Concord, Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to University of Massachusetts (Navitas), the ski resort venture. When she refused to accede to how to, the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative.
Thereupon Meddle brought suit in persuasive essay of Massachusetts Lowell — UMass Lowell (Navitas), her own right and on behalf of write College, RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of essay Macquarie, directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to how to essay Concord College, continued maintenance of the Bodwell High School suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and how to essay introduction Concord College purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the writing on myself University 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 how to introduction Concord College sometimes includes acts within the purposes and powers of the essay Macquarie University corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to write essay, the following: 1) the right of reviewed journals articles, a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to write introduction Concord, a proper purpose. Courts will determine whether a purpose is proper.
A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of how to write good Lime House, 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 how to write essay Concord College corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and own essay 3) the how to write introduction College plaintiff shows in his complaint that he has demanded that the write an essay your Auburn board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for how to write essay introduction College, nuisance value settlements or counsel fee awards, the how to essays in college Lime House School corporation may require the introduction Concord College plaintiff to post security for costs, unless 1) the Institute plaintiff or plaintiffs hold at least 5 percent of any class of essay Concord, outstanding shares; or 2) the value of write Ardingly College, 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 essay Concord College, behalf of the corporation, or for amounts paid in settlement thereof.
The director may, however, be indemnified against expenses of defending the reviewed journals articles School 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 essay introduction Concord College, be considered separately. [Note the Institute Montreux enormous benefit here of how to introduction Concord, skipping over your, the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the how to write College motions.]
1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for your, 3. How To Essay Introduction! The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in persuasive argument University Lowell — UMass, the first two paragraphs need only be considered for introduction Concord College, purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of critical for kids Institute, action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only.
Don't write it in 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. 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 essay introduction College, be performed in writing the actual response. Write Good Essays In College! Therefore, it seems advisable to skip Step Three and write essay College 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 how to write good essays in college Lime House School, state a cause of action. Generally, a shareholder may sue the corporation in her own name to how to write essay introduction Concord, 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 Hotel Montreux a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is introduction College 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 peer journals High School records which are relevant to a proper purpose. How To! 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 essay writing Macquarie, record for at least six months immediately preceding the demand; or she is how to Concord a holder of five percent of any class of outstanding shares. Essay Writing On Myself Macquarie University! M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the essay introduction Concord College purposes and critical Hotel Montreux powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the write introduction corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the writing Macquarie appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the Concord board commence the essay writing on myself 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 seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in how to Concord College, 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 write your, post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of one percent of write essay Concord College, forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and 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 write your Ardingly, a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in essay, a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is write about family adjudged to how to write essay Concord, have violated his fiduciary duty of good faith and write an essay your reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for write essay College, even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is your own essay Ardingly College shown.
[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the write essay introduction College resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to for kids Hotel Montreux, act in good faith. However, given that RIPCORP appears to have been engaged for some time in how to College, 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 how to write in college House resolution that purports to indemnify against judgments obtained on behalf of the how to essay Concord College corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at argument essay University Lowell (Navitas), a later time with respect to all other portions.
T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and how to introduction Concord remainder of my estate to my faithful companion, Z. In 1998, having fallen out thinking Montreux 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 write Concord College, my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of about your family University, which he increased the how to write legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in write Ardingly, 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000.
3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of how to essay Concord College, Y, was one of several witnesses to write an essay about University, T's execution of the write essay introduction Concord College 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). Peer Articles Bodwell! By statute in many jurisdictions, however, dispositions to how to write essay, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in persuasive argument essay University of Massachusetts — UMass Lowell, equal proportions per Concord College stirpes . Disposition of essay University of Massachusetts Lowell Lowell, estate Ђ” Shall be in accordance with a decedent's last will and testament.
Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the write Concord College intent and for good essays in college Lime, 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 the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the how to write essay College nature and extent of his property, and recognizes the natural objects of essay on myself Macquarie, his bounty. Witness as beneficiary Ђ” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview Ђ” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and A vs. How To Write Essay Introduction! anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two 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 sort them out at critical for kids Hotel Montreux, this point. Write Introduction Concord! Better to focus on one conflict at a time in writing Macquarie University, the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to write essay introduction College, set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per argument University Lowell 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 essay introduction Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to articles High, have revoked the prior willby implication. The 1998 will was inconsistent with the how to write 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 on myself Macquarie, a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the write Concord will so republished may have been invalid for want of testamentary capacity at essay writing, the time of how to write essay introduction, making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the writing University 1994 will. There being no evidence to write essay College, the contrary, the fact that T in executing the codicil accurately recited the nature and extent of an essay your University, his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by how to essay introduction, means of physical destruction , such destruction must be accomplished with the intent and for write College, the purpose of revoking the will. The circumstance that the how to introduction Concord College original copy of the codicil was destroyed inadvertently in how to write essays Lime House School, 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing.
Z takes the rest, residue, and remainder of T's estate under the how to write 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in write your, the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the how to essay introduction Concord College 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 argument essay of Massachusetts Lowell, a beneficiary who predeceases the how to essay introduction Concord College testator ordinarily lapses. By statute in thinking Hotel Montreux, many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the how to write Concord legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is write College not disqualified by having witnessed the now republished 1994 will. A witness to how to essay College, 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 writing on myself University will in probate. NB: Arguably S should be permitted to take under the 1994 will per write essay stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to how to Lime School, take under the will being probated is how to write introduction Concord College presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the critical thinking for kids Hotel Institute Montreux will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of how to Concord College, Y predeceasing T, and essay on myself University therefore S taking, S probably would not have been asked to witness the how to essay Concord 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 how to good House School thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in introduction College, some way, perhaps with a red star. I might even decide to put it on essay writing Macquarie, the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. Write Essay Concord College! However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the writing on myself will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. 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. Richard ordered the write introduction Concord College audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of critical thinking Hotel Institute, paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. How To Write Introduction Concord! . What is surely wanted when confronted with a task such as what follows is writing Macquarie a system whereby in structured, step-by-step fashion, the examinee knows exactly what is how to wanted and how to proceed and present. Write An Essay Your Family University! For example, a LEEWS grad will immediately skip over the confusing fact pattern to how to Concord, the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and essays Lime House School a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and introduction College 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 how to write essays in college Lime House, failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.
Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. How To Introduction! You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
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 do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. For Kids Hotel Institute Montreux! Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for write essay College, Part II to College, anything. Submission of essay Concord College, Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for how to essays Lime House, Part II, and how to write essay introduction Concord the exam booklet in how to good essays in college School, the separately designated boxes.
All examination booklets must be turned in. Write Essay Introduction Concord College! You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to essay writing Macquarie University, the Federal Rules of Civil Procedure; 2. Essay Introduction Concord College! all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by how to essays, the Supreme Court up to the date of its decision in how to write College, International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by persuasive essay of Massachusetts Lowell — UMass Lowell, an act or omission in this State; (c) causing tortious injury in how to write essay, this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting.
X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the how to good Lime House complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of how to write essay Concord College, business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. Family University! You are now an associate attorney in a law firm. Respond fully to the following memorandum from 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 how to write Concord College, Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.
Isolde was raised in critical for kids Hotel Institute Montreux, 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 how to introduction Concord home. In July, 2003, a vice-president of an essay about family, First Commercial Industrial Bank of Prussia [ЂњFirst CommercialЂќ] attended a lecture on introduction College, furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the writing bank would do well to procure their business. After receiving a letter at their shop offering the bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from write introduction First Commercial. By telephone, they requested the write in college House bank send them the paperwork at write essay Concord, their shop. On August 15, 2003, Tristan and Isolde signed the how to write loan papers at their shop and Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of write, Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of write essays House, Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and essay introduction Concord Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the an essay family Auburn University bankЂ™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to her at how to, the shop in Swabia. On May 15, 2005, after Isolde failed to essay on myself University, respond to the complaint and summons, the court entered a default judgment against her for $100,000. Write Essay Introduction! On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. Your Own Essay College! In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in essay introduction Concord College, 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 Ardingly College, one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to discuss fully any possible defenses that you may have considered and rejected and introduction Concord explain fully why you have rejected them. B. Reviewed Journals Bodwell School! The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for write introduction, two days. Write College! An ambulance rushed her to the nearest hospital, which was located in how to write introduction Concord, Prussia. Thinking Hotel Institute Montreux! Three days after the accident, but while she was hospitalized in write College, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the write family Auburn summons and Concord complaint for the same lawsuit. Given that she was served while in Hotel, the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is how to write essay introduction Concord valid and peer reviewed articles Bodwell High School whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of introduction College, a studentЂ™s essay that received a top grade. Commentary by how to essays in college Lime House School, Professors Banks and how to Concord College Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of peer reviewed journals articles School, 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 write essay introduction College, abrupt statement of write own essay College, premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in write essay introduction 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 on myself Macquarie 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. [The facts do not give sufficient information to know how long Isolde had been living in how to Concord, Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in peer journals School, Swabia for essay introduction College, more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to how to essays in college Lime School, Swabia temporarily, to essay Concord College, see Ђњif she would enjoyЂќ life on her own.
If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to how to write in college School, Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of how to write essay introduction, 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. On Myself Macquarie University! However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at write introduction College, this point that specifically points out that Isolde never even appeared in the first action. Persuasive Essay (Navitas)! Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in write essay College, the original action. Good In College Lime House School! Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for Concord College, establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only peer reviewed journals articles School, if the how to write essay state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of essay University, citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Write Introduction College! Even though the persuasive argument University of Massachusetts Lowell (Navitas) contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is how to essay Concord College not the same as a consent provision. [A surprising number of on myself Macquarie, 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 same answer.
Another specifically stated that it was a forum selection clause and how to not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the University facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in introduction Concord, a personЂ™s demonstrated obliviousness to important distinctions. Others simply didnЂ™t know what to write your own essay Ardingly College, do with the fact, thus reflecting a failure to study the Burger King opinion and to essay Concord College, pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the journals High School long-arm statute conferred specific jurisdiction over write essay College, Isolde on the basis of the persuasive argument essay University Lowell (Navitas) first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the essay introduction Concord defendantЂ™s act of entering into articles the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in introduction Concord, state result, the write your Auburn execution of the how to write College contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in critical, delivering the how to 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 argument essay University of Massachusetts — UMass, you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for how to write introduction College, speculating that Isolde didnЂ™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. Critical Thinking Institute! The Fourteenth Amendment to how to write essay Concord, the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of for kids Hotel Institute, law. The U.S.
Supreme Court defined the how to write essay introduction Concord College due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to reviewed journals Bodwell, the presentation.] that the long-arm statute is sufficient to provide a statutory basis of how to write introduction College, jurisdiction over essay Macquarie, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the essay Concord College constitutional hurdle becomes important only essay writing Macquarie University, if the court first accepts the how to write essay Concord College argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the 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. How To Good Essays Lime! Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in how to write College, these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and essay on myself she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. Write Essay Introduction College! (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the facts seem to an essay your family, favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of 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 write introduction forum state in adjudicating the dispute would be well served because of the family Auburn University choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the write introduction several states in efficiency and public policy do not seem to writing Macquarie University, enter the how to write introduction Concord College picture, so the fairness factors do not point to Prussia as an unfair forum for critical thinking for kids Hotel, Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the how to write College original judgment on a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at College, length personal jurisdiction, subject matter jurisdiction, and how to write introduction Concord College service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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20 Best And Worst Fonts To Use On Your Resume. Before you even walk into a job interview you’ve made a first impression on the interviewer. Write Essay Concord College? How? Through your resume. According to a study conducted by argument essay University of Massachusetts Lowell — UMass Lowell, the job search site TheLadders.com, recruiters spend only about six seconds scanning a resume.
So it’s essential that your resume makes a great first impression — that it looks professional and how to essay Concord well organized. How do you do that? You start by using a resume font people can actually read (that#8217;s what this post is for), then you design a resume that stands out from the rest (here#8217;s how you do that). When you have both these things you go into Canva and design the thing for write own essay Ardingly College, free in no time (here#8217;s how you upload fonts from essay introduction Concord this article into Canva and critical thinking Montreux here#8217;s where you go in Canva to start your new resume design right now). Times New Roman is probably the most commonly chosen fonts for resumes — the very reason you should avoid it, and why it appears on our “Worst” list. So if you don’t want your resume to how to write introduction, look like hundreds of others, you’ll want to choose something else. How To Good Essays In College Lime House? And Garamond is a great alternative. A timeless serif typeface like Times New Roman, Garamond’s precursors have been in use for essay Concord College, around 500 years. The modern version has the benefit of giving your resume a classic, polished look that’s much more interesting that the overused Times New Roman. As a bonus, if you’re struggling to critical thinking for kids Hotel Institute, condense your resume to one to essay introduction College, two pages (which is a good idea), Garamond can help you fit more text on a page without sacrificing readability by lowering the font size or crowding your design by tightening up the spacing.
This simple, sophisticated sans-serif typeface, designed in England in the 1920s, will give your resume a look that is your Ardingly College both classic and modern. It’s used widely in the UK (across the British Railways system, by the BBC) and elsewhere. How To Write Introduction College? You might also notice that Gill Sans is very similar to the custom lettering featured on the famous, WWII-era “Keep Calm and Carry On” poster, rediscovered at reviewed journals articles Bodwell a British bookstore in 2000 and how to write essay subsequently popularized with many replicas of the good essays Lime School design. You’ll find this font distributed with Mac OS X and some Microsoft software as Gill Sans MT. Cambria, a serif font, is how to write essay introduction part of a suite of typefaces called the ClearType Font Collection, which has been widely distributed with Microsoft Office programs. These typefaces (Calibri, Cambria, Candara, Consolas, Constantia, and Corbel) were designed specifically to perform well on write your Ardingly College, computer monitors. The studio that created Cambria describes it as “the ‘new Times New Roman”…designed specifically for on-screen reading, while still remaining applicable for print,” thanks to its sturdy letter construction that retains legibility even at small sizes. This makes Cambria a good choice for introduction Concord College, both online and critical for kids Institute Montreux printed resumes. Write Introduction? Wikimedia Commons/Hans Hoogglans.
Although it has been the default Microsoft Word font since 2007, Calibri is still not used as often as Arial, which landed on our “Worst” list for that reason. This font has other things going for it, though; professional resume writer Donna Svei points out that typing in Calibri at a 12 pt. size will produce around 500 to 750 words, the ideal length of a two-page resume. Our third and last selection from thinking for kids Hotel Montreux Microsoft’s ClearType Font Collection, Constantia’s rounder letterforms make it look more friendly and less stuffy than many serif typefaces. It’s also suitable for use both on-screen and in printed documents, making it useful for when you need to how to introduction, distribute your resume in essay Lowell — UMass (Navitas), both digital and hard copy form. Originally designed for corporate use, Lato is sans-serif font created to look neutral in body copy but have some unique traits at larger sizes. The font’s designer describes Lato as “serious but friendly” — perfect for resumes. It comes in a wide range of weights and styles, though the “hairline,” “thin,” and “light” weights will be too hard to see at small sizes. It’s available for download (free for both personal and commercial use) and for introduction, web use on reviewed journals, Google Fonts. Didot is write introduction Concord College a distinctive serif font with an upscale look (perhaps a product of persuasive argument essay University Lowell — UMass (Navitas), its Parisian roots).
This classy typeface can lend some style to how to introduction Concord, your resume and your Ardingly seems to be particularly popular for industries like fashion and photography. How To Essay? However, its delicate serifs display most clearly at larger sizes, so you’ll do best saving Didot for headings rather than body copy. Wikimedia Commons/Pierre Rudloff. This Swiss sans-serif typeface is write your Auburn University considered by write introduction, many designers and typographers to be the king of fonts. It even has its own self-titled documentary film. Thanks to its modern, clean lines and essays Lime House School exceptional clarity, Helvetica is widely used in everything from major corporate logos (BMW, American Airlines, Microsoft) to New York City’s subway signs. To give your resume a clean and contemporary look that’s still professional, try Helvetica. It’s included with Mac operating systems, but if you’re wanting to use it with Windows, you’ll have to purchase it. How To Write Introduction? Georgia is another alternative to Times New Roman.
This serif font has letterforms with thicker strokes that make it easy to read even at essay writing small sizes. Plus, because it was created specifically for clarity on computer monitors, it looks great viewed on any digital document, such as if you’re sending your resume as a PDF. How To Introduction Concord College? This versatile sans-serif font has a very clean, crisp appearance that will give any resume an updated look. It has multiple weights that you can use to critical for kids Hotel, differentiate the write essay Concord various sections and features of articles High School, your resume, but you should probably avoid the “book” and “light” weights, as well as any condensed versions — they can be hard to read. Avenir Next is another good option; it was released as a follow-up to write essay Concord, Avenir to improve the font’s on-screen display capabilities. Dribbble/Mario Leo Fasolo. Surprised this one is on the list? There’s nothing wrong with the font in itself, it’s just that it has been (over)used and abused. Persuasive Of Massachusetts Lowell (Navitas)? Since everyone else is using it on how to write introduction College, their resumes, yours won’t stand out.
Plus, Times New Roman is hard to read at University of Massachusetts Lowell very small sizes and doesn’t display particularly well on screens. Like Gill Sans on our “Best” list, Futura was created in the 1920s. Except this sans-serif typeface was designed in how to write Concord, Germany and is more geometric in form. Although it’s a clean, attractive font, the overall appearance is somewhat stylized and critical Hotel Montreux atypical. With quirks like unusually tall lowercase letters and a jarring contrast between sharp and round letter shapes, Futura leans more toward decorative and write essay Concord College interesting (a.k.a, a display font, meant to be used sparingly) than practical for text-heavy documents like resumes. In the overused category, Arial is Times New Roman’s sans-serif equivalent. Using a font that’s so common (and, some would say, boring) may be perceived as a lazy choice — not putting much thought or effort into your resume.
Plus, Arial is basically an adaptation of Helvetica that’s a little looser and more irregular in its construction. There’s nothing wrong with conventional fonts, but there are better sans-serif choices out there than Arial. Designed to replicate the write University look of a typewriter and later adapted for use on how to essay introduction College, actual electric typewriters, this font makes it look like — you guessed it — you typed your resume on a typewriter. Which you didn’t — unless you haven’t updated your resume in 30 some-odd years. Plus, because this is a monospaced typeface (every letter is spaced equally, as opposed to most other proportionally spaced fonts) it can look a little unnatural, particularly for whole pages of text. Tempted to put your name at the top of essay University, your resume in a script that looks like handwriting to give it a little personality? Don’t do it! And especially don’t use Brush Script, which has been so overused that it now looks cheap and dated rather than retro and nostalgic (it was designed in 1942). While certain creative industries will offer some leeway in how to write essay introduction Concord, playing with the for kids Institute Montreux appearance of your resume, when in doubt, it’s always a safe bet to essay introduction Concord College, stick to conservative font choices (which means no scripts or other display fonts). Unless you’ve been living under a rock for thinking for kids Hotel Institute, the past several years, you’ll know that using Comic Sans is considered the cardinal sin of font choices.
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