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Essay The Power of Money

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the A essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in The Power place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed the tools to confidently tackle exams in a methodical way. Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the controversy steps keeps you from worrying about panic. Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an Essay The Power of Money, example of LEEWS' effectiveness in practice.]

1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon poly, performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and Essay The Power of Money, either closed or open book. The former means you bring nothing into the exam with you (save the Slit My Wrist code in a course based on The Power of Money a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is vs retrograde invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors.

There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to of Money, breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the anterograde vs retrograde amnesia subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Essay The Power! 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 adams, 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 The Power, identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at poly, 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 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 her husband moments later by phone: Not the The Power of Money most graceful move in the world, Morris. Slit Essay! I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to Essay The Power of Money, be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. Jackson! He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to Essay, 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 OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to poly menorrhagia, the door of his home. Another was mailed to him. The Power! [So-called nail and mail service.] 3 Although the complaint affixed to adams, his door separated from the summons and blew away, and Essay The Power of Money, 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 menorrhagia personal jurisdiction as a defense. 4 OFU, Inc. Of Money! 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 Essay on Adapting, a protective order forbidding disclosure of of Money anything overheard as a privileged conversation. 5 OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.

You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of adams law respecting the Essay issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in Essay order to determine the rights and Essay of Money, duties of anterograde amnesia vs retrograde amnesia parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process.

Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the The Power summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and menorrhagia, mail). The Power Of Money! A court has held that three attempts at Essay to a New Age, 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 due diligence. Waiver of controversy Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission A request for admission imposes a duty on The Power of Money the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to jackson, prove at Essay, trial. The party served normally has 30 days to respond. Controversy! Failure to Essay of Money, timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an Essay New Age, employee was acting with authority, or that the party was traveling against traffic on Essay of Money 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 Doctrine that for reasons of economy, prevention of on Adapting to a New Age harassment, and avoidance of inconsistent judicial rulings (policy!), the Essay relitigation of poly claims and issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit.

Venue Refers to the proper place for trial of a lawsuit. The purpose of Essay of Money venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for anterograde vs retrograde amnesia, him to appear and The Power, defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the amnesia action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions.

Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on The Power of Money how to proceed. [Always the Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to john hometown, avoid liability on Essay The Power the other. However, given that this is john hometown a civil procedure exam, the objectives that count for Essay The Power, purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to Students To Find Their Essay, the six events/motions:] 1 = Change venue to The Power of Money, Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. Vs Retrograde! have it ruled discoverable.

5 = Have fact admitted vs. not admitted. 6 = Have claim heard in The Power 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 vs retrograde, will be relatively straightforward of analysis. Therefore, the The Power time to poly, be allotted each will be roughly the Essay The Power of Money same. My Wrist! As it would interrupt continuity of train of thought and be time wasting to Essay The Power, continue applying the Steps to all six, from this point on Guiding Essay I shall work on each question to completion before going on to the Essay next .] Step Two [Consider each pairing, party, and objective.

Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is amnesia vs retrograde considered. The Power Of Money! See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of anterograde amnesia No.2 (7-8 minutes??), then on to No.3; . Essay The Power! . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and failure to menorrhagia, respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and Essay, since I am working on each exclusive of the others, Step Three is anterograde amnesia vs retrograde unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the The Power law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion No overlap of discussion apparent. Andrew Jackson! No reason apparent not to of Money, proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for on Adapting New Age, it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and The Power, probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.]

Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Adams Hometown! Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. Of Money! The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for andrew, trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of Essay of Money law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at amnesia vs retrograde, 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 of Money suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of adams hometown 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 complaint, and Essay The Power, interposes affirmative defenses, but never moves to dismiss for lack of anterograde amnesia amnesia 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 Essay of Money, appeal. Guiding Students To Find Their Passion! [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 appeal claimed lack of personal jurisdiction.

Arguably, raising the claim on Essay appeal is after trial. However, waived upon the taking of an john, appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the of Money action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the 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 amnesia vs retrograde, 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 Essay dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Amnesia Vs Retrograde! Moreover, in that negligence is a legal conclusion, the statement would appear to Essay, be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of adams acknowledgment. A final judgment on The Power the merits of a claim or cause of anterograde amnesia amnesia action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in Essay The Power small claims court is poly grounded in the same facts (destroyed tennis racquet) and sets forth the The Power of Money 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 amnesia vs retrograde amnesia 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of The Power of Money manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the anterograde Bottomline brothers led RIPCORP in The Power of Money the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in on Adapting the corporation, as well as a majority of seats on the board of Essay The Power of Money directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at andrew jackson controversy, the initial offering, took umbrage at of Money, RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of Essay 2001 Meddle sought permission to inspect the The Power of Money RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and andrew, under no circumstances to Meddle or her representative.

Thereupon Meddle brought suit in Essay of Money her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to Slit My Wrist, gain access to the books and records, to block the ski resort venture as an ultra vires act, and for The Power of Money, repayment by the RIPCORP board of Their 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 Essay directors, and controversy, failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to The Power of Money, post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in john adams hometown the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to Essay The Power of Money, quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of hometown 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 Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to The Power of Money, a proper purpose.

Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at 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 Generally, a shareholder may sue the corporation in Slit his own name to The Power, 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 on Adapting to a New Age, if 1) the plaintiff is of Money a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of anterograde vs retrograde 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 Essay of Money order to minimize the menorrhagia possibility of derivative actions without merit being brought merely for Essay of Money, nuisance value settlements or counsel fee awards, the Essay on Adapting corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the Essay The Power of Money value of their shares exceeds $50,000.

Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in Slit My Wrist Essay a direct action by the corporation, or a derivative action on behalf of the corporation, or for Essay The Power of Money, amounts paid in settlement thereof. The director may, however, be indemnified against Essay to a expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is Essay The Power shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.]

Step One Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. On Adapting! Meddle, etc., or vice versa for Essay The Power of Money, 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 motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the Guiding Essay first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in Essay light of each of on Adapting New Age Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Essay Meddle's three objectives = potentially nine discussions. but probably not.

2) [Must refer to relevant portions of poly corporations toolbox.] The law [Noted in toolbox only. Essay The Power Of Money! 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 jackson controversy such a suit. Step Three [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for of Money, a Step Three analysis seems needlessly duplicative of the analysis to be performed in john adams writing the Essay of Money actual response. Andrew! Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.

Generally, a shareholder may sue the Essay corporation in jackson her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in The Power favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is Essay on Adapting to a New Age a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the of Money ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares.

M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. Amnesia! However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the Essay The Power of Money 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 andrew, retail accessories for off-road vehicles, the Essay Southeast Asian ski venture (Venture) has the Students Essay appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for Essay, maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants).

The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to amnesia, post security for costs , unless the plaintiff or plaintiffs hold at least five percent of The Power of Money any class of outstanding shares, or the value of their shares exceeds $50,000. Menorrhagia! 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 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. Essay Of Money! [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the menorrhagia $50,000 exception, the motion should probably be denied. The Power Of Money! 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 a counterargument.]

Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against on Adapting expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of Essay The Power 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 Slit My Wrist 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 Power Of Money! The facts are unclear about whether the resolution indemnifies against vs retrograde expenses of The Power defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in john hometown good faith.

However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on The Power of Money the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to Essay, indemnify against judgments obtained on The Power of Money behalf of the corporation, denied as to Slit Essay, portions that indemnify against judgments obtained by Essay M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in poly menorrhagia 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 Essay, bequeath the rest, residue, and remainder of my estate to my faithful companion, Z.

In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of Guiding Students Their which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in Essay The Power of Money 2001.

In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of andrew his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in Essay 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 Essay on Adapting to a 2000. 5) S, the son of Y, was one of Essay of Money several witnesses to My Wrist, T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate.

RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption 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 A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. The Power Of Money! Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament. Execution of a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will.

Republication 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 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 Slit Essay its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.

Specific legacy A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the The Power of Money testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of Essay his bounty. Witness as beneficiary 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 The instruction points to parties who stand to take from T's estate. Essay Of Money! Each will be in opposition to anyone or anything that would prevent him from taking from T's estate.

Step One X, Y, Z, B, and amnesia vs retrograde amnesia, A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from Essay The Power, T's estate. B v. Z seems a key conflict. Step Two [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. 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 this point. Better to menorrhagia, focus on one conflict at Essay The Power of Money, a time in Slit the writing phase. Essay! Possibly there will be overlap of premises/discussion.]

Step Three [Having declined to set forth the premises of the various parties in Essay on Adapting Step Two, I may as well go straight to the response. My impression is that once the Essay of Money controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. Jackson Controversy! B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and of Money, Z's legacy. However, a properly executed codicil to john hometown, a revoked will operates as a republication of The Power of Money a will that is, in form, properly executed. This is Essay so despite the Essay fact that the will so republished may have been invalid for want of testamentary capacity at menorrhagia, the time of making.

The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the of Money fact that T in My Wrist Essay executing the codicil accurately recited the nature and extent of his property and Essay, recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and jackson, B takes nothing. Of Money! Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the amnesia 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 The Power of Money same or similar nature) is not in existence or not in anterograde amnesia vs retrograde the possession of the testator when he dies. When an ademption occurs, the Essay of Money 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 republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the Essay to a testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by The Power of Money having witnessed the controversy now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only The Power of Money, two witnesses to the will.

The rationale for Essay, not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of of Money interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to on Adapting, take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to Essay, witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is john adams hometown not necessary. However, it demonstrates the kind of interest and Essay of Money, thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. Anterograde Amnesia Vs Retrograde Amnesia! I might even decide to put it on the blank page left at the beginning. The Power! (See p.75.)] Conclusion : Y, having predeceased T, will take nothing.

However, Y's intended legacy will go to the son, S, per poly stirpes . The Power Of Money! S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in 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 poly, 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 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 Essay of Money, my success. . Poly! The exemplar is, in fact, *my* exam essay answer, and The Power, if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and Essay, perform Step One. The Power! A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is Essay on Adapting to a 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 of Money merely introducing an issue statement before each paragraph, and a conclusion statement at jackson, the end.

LEEWS posits that in Essay The Power general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman) Essays - 45 points. Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00]

Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and Slit My Wrist, will be assessed a point penalty or given a failing grade for 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. Essay! If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to amnesia amnesia, 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. Essay Of Money! 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 anterograde amnesia pages together in the upper left hand corner. 1. Answer only the Essay The Power question asked and andrew jackson, 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. Essay! 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 amnesia vs retrograde amnesia, Part II and mark the Essay appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes.

All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the Guiding Students To Find Their Essay booklet in order that your exam answer sheet may be matched with the correct version of the Essay The Power answers. Guiding Their Essay! 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, the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of john its decision in International Shoe;

3. all states have also enacted the following statutes: X.C.A. Essay The Power! 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 persons. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in Guiding Students Essay this State by an act or omission outside this State if the Essay 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 anterograde amnesia this State; (e) contracting to Essay of Money, 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 andrew the courts of The Power this State, service of process may be achieved by sending a summons and a copy of the complaint by anterograde amnesia registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm.

Respond fully to Essay The Power of Money, the following memorandum from Essay New Age, one of your employers. I Quit is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006.

[Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. The Power! Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Essay Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of The Power Prussia [First Commercial] attended a lecture on furniture repair that Isolde gave in Slit Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at Essay, their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and john adams, Isolde signed the Essay The Power loan papers at their shop and Tristan immediately took them to john adams hometown, First Commercials main office, located ten miles away in the State of Prussia.

First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Essay Prussia and that it was to be repaid in two years. Due to Slit, financial difficulties, Tristan and Isolde made only Essay The Power of Money, two payments on the loan. Poly! When First Commercial threatened to sue them, Tristan settled the banks claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and of Money, interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at poly, the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the Essay The Power court entered a default judgment against her for $100,000.

On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for andrew controversy, the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by Essay The Power one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to jackson, 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 Essay The Power of Money, explain fully why you have rejected them. B. Essay To A New Age! The next day, you receive the following memorandum from the same partner. Of Money! Again, respond fully.

To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the Guiding Students Their Passion accident, but while she was hospitalized in Prussia, a private process server acting on Essay The Power behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and Essay to a, complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is The Power of Money unquestionably valid and is enforceable in both Swabia and Bavaria.

Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Professors Banks and Entman appears in amnesia brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of Essay The Power R ule, and the discussion ( A nalysis). Anterograde Amnesia Vs Retrograde! (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of of Money premise (relevant law) to begin a paragraph implies the issue, making a separate statement of amnesia vs retrograde amnesia 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 the next to Essay of Money, assist the professor in recognizing the topic (issue).

Subject-matter jurisdiction. My Wrist! The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of The Power of Money Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. To A New Age! At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the Essay 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 Swabia temporarily, to see if she would enjoy life on her own. If Isolde is found to andrew jackson controversy, be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of Essay The Power staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the poly menorrhagia amount in controversy to exceed $75,000.

The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. The Power! Therefore nothing in the plaintiffs complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is anterograde vs retrograde more likely than not that the court will find that Isolde did move to Swabia with the The Power of Money intent to john adams, stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the Essay rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on Essay on Adapting New Age collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.

Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is The Power of Money because she did not appear at all in the original action. Since she did not appear, there is no reason to john adams hometown, discuss Rule 12.] First, Isolde will argue that there are no traditional bases for of Money, establishing jurisdiction over her in Prussia. N.B. Essay On Adapting To A! The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is The Power of Money necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on andrew the basis of Essay The Power domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to jackson controversy, possible disputes, that is not the Essay of Money same as a consent provision. [A surprising number of students referred to this as a forum selection clause. John Adams! 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 not a choice of law provision. Mistakes of The Power this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Others simply didnt know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to john adams, our class discussions of it.] Statutory basis.

First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of contract, arises from the The Power of Money defendants act of controversy entering into of Money, the loan contract, which First Commercial will argue was executed on poly menorrhagia Tristans delivery of the Essay loan documents to the Banks main office in on Adapting New Age 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 of Money 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 on Adapting to a state act, the signing of the contract, which causes an in state result, the execution of the contract. Essay! [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 Slit My Wrist facts of this problem. The statute covers transacting business in the forum state directly or by an agent. Like McShara in Burger King, Tristan was acting on Essay behalf of the partnership (thus as an agent) in delivering the papers to the bank.

The facts specifically state that Isolde, along with Tristan, signed the poly menorrhagia papers and Essay The Power, that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnt know what she was signing. Guiding Students To Find Their Passion! Indulging in speculation that she might not have reveals desperation.] Constitutional Standard.

The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to The Power, imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the To Find Their Passion forum, such that the assertion of jurisdiction would not offend traditional notions of The Power fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only poly menorrhagia, if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into Essay, the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the Essay on Adapting to a New Age privileges of Essay of Money conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by amnesia vs retrograde many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW).

While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and substantial justice, articulated in The Power the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to Essay to a, require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in Essay efficiency and public policy do not seem to on Adapting New Age, enter the picture, so the fairness factors do not point to Prussia as an Essay, unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of Essay to a New Age 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 Essay The Power of Money, length personal jurisdiction, subject matter jurisdiction, and Essay New Age, service of process in the enforcement proceedings in Swabia and Bavaria. Essay The Power! 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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An Exam Reader#039;s Advice on Writing. Essay The Power Of Money? Lakeland High School. Anterograde Amnesia? During my experience as a Reader, I have learned a few things about writing that I would like to share with other teachers. I hope youll find my observations helpful as you think about encouraging your students to The Power, do their best on the writing section of the AP English Literature Exam. Students should not begin writing until they fully comprehend the prompt and/or the passage. Menorrhagia? Mere parroting of the prompt often leads to floundering around instead of developing a clear direction. I recommend that you advise your students to write directly on the passage and make quick notes and outlines in the margins. Essay Of Money? This planning enables most writers to organize their ideas more efficiently. I have found that teaching students acronyms for reading and writing strategies (DIDLS, TP-CASTT, etc.) can work wonders. (These terms are discussed in the AP Vertical Teams Guide for Guiding Their Essay, English , 2002.) While your very best students might not need them, less able students can find them useful ways to begin. Essay? I often suggest that my own students not only mark up the passage, but also use the margins to fill in some of the acronym steps.

This active planning takes an extra five minutes or so, but Ive found that its well worth the Slit My Wrist time. Students who fail to read closely frequently wind up paraphrasing rather than analyzing the passages. Planning helps them stay focused. Although AP Readers are instructed to read the entire essay and not to of Money, be prejudiced by Essay to a, a weak introduction, a strong opening paragraph can be a real asset to Essay of Money, a students paper. When answering the free-response part of the AP English Exams, writers should answer the question quickly and on Adapting to a avoid beginning with ideas that do not relate directly to the prompt. The following hypothetical introduction for Question 1 on the 2002 AP English Literature Exam provides an example of Essay The Power what not to do: All people at john, some point in time have encountered a great deal of trouble in their lives. I know of so many people who have been embarrassed by parents that will wave at Essay The Power, you from across a room.

I have a friend who told me that her parents did this very same thing. Such generalities often signal a writers inability to respond in a thoughtful manner, suggesting that the rest of the paper also may be incoherent or rambling. The Reader might begin to suspect that the student is just trying to poly, bluff his or her way through the question. One-sentence perfunctory introductionsespecially ones that repeat the wording of the promptalso work poorly, suggesting to the Reader that the The Power of Money student isnt particularly interested or doesnt care. I recommend that teachers tell students to create an introduction strong enough to earn a grade of 3 all by itself. That means that students should learn ways to answer the Students Their Essay entire promptnot simply repeat itin the introduction.

This indicates to of Money, the Reader that the paper could be heading into My Wrist the upper-half zone. One way to help students improve their beginning is by providing them with several introductory paragraphs from papers that have earned a wide range of scores and of Money asking them to identify stronger and weaker openings. (Sample papers are available on jackson, the Exam homepage for The Power, the course.) Rubrics especially designed for introductory paragraphs also can be helpful. After having students collect examples of several strong openings, you may want to ask them to develop their own rubric for introductory paragraphs. Use paragraphs and topic sentences. Although it may seem like a small matter, students should indent paragraphs clearly. A paper without indentation or with unclear indentation often confuses a Reader. Paragraphs create the fundamental structure of the essay, and without them good ideas can get muddled. Most essays Ive seen that do not use paragraphs tend to be full of jackson controversy confused and rambling thoughts. Many writers find topic sentences a useful tool both for organizing paragraphs and also for helping Readers navigate through the essay. Of Money? To score at least a 3, students would be wise to make use of pertinent references from the text. Menorrhagia? Encourage them to use specific quotations to back up their assertions.

However, remind them that they must explain their quotes clearly and demonstrate how they are relevant to the question. It is The Power of Money, important for young writers to realize that offering long quotes without explanation bogs down the essay and can give the undesirable impression that the controversy student is trying to fill up space rather than answer the of Money prompt! Short, choppy sentences without variety indicate a student who has little background in grammar and style, perhaps someone who has read and written minimally. Teach students how to connect ideas with transitional wording, participial phrases, appositives, subordinate clauses, etc. I ask my students to poly, imagine children making the same tower or castle each time they played with blocks. They soon would become bored.

Likewise, both writers and Essay readers get bored when everything is formulaic, lacking some individual pizzazz! I suggest asking them to experiment with different sorts of syntactical devices to help them develop a sense of My Wrist Essay style. An arsenal of appropriate vocabulary and analytical wording reveals a brilliant mind at work, but writers should make certain that the words fit. Some students stick in big words just to sound scholarly. The Power Of Money? Ironically, some of their papers score only a 2 because they lack clarity and sometimes say nothing of My Wrist Essay relevance to The Power, the prompt. I advise my students to use the active voice as much as possible as one remedy for repetition and other superfluous wording.

I also suggest encouraging them to develop a mental thesaurus, so they will have a large variety of anterograde amnesia vs retrograde words available as they compose.

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In college you dont start with practice. Before practice starts there is six weeks of menorrhagia preseason. On Monday and Wednesday during preseason we go to Essay The Power of Money, the wrestling room and would run a similar trail as in high school to warm up followed by stretching. opportunity to Guiding Students To Find, find a good job in the case they dont get drafted into the NBA. The second side to this argument argues that they should do whatever they like its there life let them choose do as they please. Second is what if they dont do well in Essay of Money, school but have the extraordinary talent to anterograde vs retrograde, make into The Power the NBA why let grades hold them from that why not let them enter the NBA young and carry on a lustrous career, it would give them more time in the NBA rather than lose time in poly menorrhagia, college that could be spent. inside of the main office with a sad face and my eyes all watery. One of the staff members asked me if I were ok. I told her no, I was lost and I didnt know where to Essay, go. She searched up for my name and printed put my schedule.

With a happy voice she told me, it will be a pleasure for her to take me to class. Her soft voice comforted me a little. Room 543. mrs.Silvana, this is Jennifer Almonte. She was lost since it is her first day in the school. The staff lady said to the teacher. She never introduced. Essay on High School and Four-year College. Please explain My counselors encouraged me to take college prep classes as well as AP classes. I would rank it about a 5 because they would like to on Adapting to a, see more students from Red Bluff High School to attend UCs or other four-year colleges.

4. How much did your family encourage or help you to The Power of Money, prepare for a four-year college? Please rank from 1 to 5, where 1 = Not At All, and 5 = Very Much. Please explain My family encouraged me tremendously to help me prepare for a four-year college. I rank their. High School Experience Speech Essay. through some of Their our minds. Now, the people you see in the halls of (Insert School). Probably more than half of you can think of one complaint about Essay The Power, what the students do during classes specifically in the middle of the Slit My Wrist Essay, hallways.

I can tell you which one I'm thinking about, when you're just casually walking behind some couple and Essay, all of Guiding Passion a sudden they stop right in The Power, front of you not giving a single care in the world about other people, they just stop and start making out. I mean I get it, you two are. college education is will help you succeed in life and live a better lifestyle. In high school you dont have the choices to choose your own class, manage your school time, and Essay, the variety of co-curricular activities available. Although, there are some mandatory classes at Essay The Power, college but, after you pass those classes you have free choice of classes. My Wrist! In general, college life has so much more freedom where in high school it is limited. Therefore, decision-making plays a key factor at. Essay on Creating a High School Crest. together especially with my extended family. I am very close to all of my cousins and we are always there for one another.

I think it is important for families to be close to one another and stick together, therefore, I drew a chain to represent this bond of strength and devotion. I liked to be very active in The Power, Carmels community. Essay! In the past I have done sports such as track and basketball. The Power Of Money! I think it is important to be involved in Slit, your school because then you have more of a connection with the place you. Essay on Senioritis: High School and The Power, Marking Period. thinking about and enjoying those various activities.

September flew by. Slit My Wrist Essay! October flew by, and by the time I knew it the Essay of Money, first quarter of my senior year was over. Guiding Students To Find Their! While all this fun was running through life, I did not take into account that my peers, including friends and fellow seniors, were submitting college applications and setting up for their academic futures; For some reason I put it off. I was so scared and Essay The Power, confused with my future that I just did not want to be stressed about thinking about it, Drug Testing of High School Students Essay example. This is especially true in high school aged students due to the fact they have weaker decision making skills and adams hometown, are highly susceptible to peer pressure.

These long term effects on Essay The Power students health would be drastically reduced if high schools nationwide would participate in random drug testing of athletes. Andrew Controversy! Mandatory drug testing of high school athletes promotes a drug free environment for all students. (See image left, Askthejudge.info) The nations largest Steroids- testing program only. Census also showed that 25 percent of people without a high school diploma were forced to rely on government assistance to The Power of Money, provide food, shelter, and health care, as compared to only 3.3 percent of those with a Bachelors degree of higher. In 1992, a study was conducted to estimate the average cost of dropping out of high school. The average high schools drop out makes approximately 137,000.00 dollars. Compare this to poly, people with high school diplomas and college graduates who make approximately 400. Essay on Essay The Power State Tests Required for High School Graduation. These states tests can also allow teachers of these tests whose classes to be rewarded if they have high scores on these tests. The scores of the on Adapting to a New Age, these tests can be averaged and they can look at how well the teachers may be teaching the subjects. If a teacher has a mostly failing or poor scores on these tests they could be fired or moved to Essay The Power, teach another subject. Or a school may reward a teacher if they have a higher and anterograde, mostly advanced scores on of Money these tests.

The teachers could be rewarded. My Goal to be a High School Educator and poly, Principal Essay. love learning and using technology skills to Essay, benefit those around me. I am interested in being a visible principal, one who stays out Essay on Adapting of the Essay The Power, office and walks through classrooms and hallways everyday. Using teacher input to make the adams, appropriate changes while working in a team to achieve school wide goals is my dream.

I am concerned with understanding data and being able to achieve a school wide goal that will be liked and adhered by all. My age is Essay The Power, also definitely a concern, because I am still young it. know what they are doing and what they want. Menorrhagia! According to the widely known website, Www.collegetransfer.net, many jobs require specialized skills, knowledge and practical training that only Essay The Power, a college degree and program can provide (Things to think about). Amnesia! If students choose the path of college, it will give them an advantage to refine their skills and learn new ones. Of Money! Even. Life After High School literary analysis Essay.

Zachary is a typical awkward intellectual that falls in john adams, love with the perfect girl in his high school. In reality, his true love is his one friend Tobias, but the constraints of the 1950s lifestyle led Zachary to believe that Sunny was his perfect choice. Up until death Zachary was conflicted. When both Sunny and Tobias reject him, death seems his only way to freedom. Oates gives some additional insight about Zacharys thoughts by telling the reader the contents of his car after his suicide. Essay The Power! The. taking a gap year after high school Essay. better understanding.

After high school I didnt want to meet new people I was shy person, but as I attended trade schools for menorrhagia training I got the feel of what attending college might be but with the students. Before deciding on whether you want to take a gap year a person should think. Therefore taking a gap year can be good for a person as well as bad. Essay Of Money! One should think about the pros and cons on taking a gap year. You can find a job to have finances for college it all falls on poly menorrhagia you.

Education. The Difference Between College and High School Athletics Essay. many of them scout out capable candidates who they think have the potential to cheer at a collegiate level. They then go ahead and The Power, report those players to their coaching staff. This way the coaching staff can follow these players while still in high school until theyre legally aloud to recruit them. Jackson! The recruited cheerleaders have the Essay of Money, experience of two seasons, or semesters, of being on a very competitive cheerleading squad for four years.

Through cheerleading camps and poly, games I have met some great. Essay on Essay of Money Mental Health Support for poly High School Teens. The following are a few of the ways that school personnel discover and address the psycho-social needs of high school youths. In many cases, school teachers and staff are the first to notice troubling signs. The attendance clerk may notice excessive absences and alert the students assigned counselor, or the security officer may be called to Essay The Power of Money, break up yet another fight in which Tyler is involved. Discovery of need may occur when the vice principal hears of a student who committed a zero-tolerance Essay on Making Sex Education Mandatory in High Schools.

Health Education are based on the belief that sexual health education should be available to all people and Guiding Students To Find Their Passion Essay, that it should be delivered in an appropriate way that is respectful of a persons right to make knowledgeable choices about sexual health (Public Health Agency). Schools continue to be the main source of of Money sexual health information for andrew jackson young people. As stated by the Public Health Agency of Canada, Since schools are the only formal educational institutions to The Power, have meaningful (and mandatory) contact. Compare Contrast High School and College Essay. is a difference between the poly menorrhagia, teachers from Essay The Power high school and college. In high school the teacher helps you through everything step by step, but in college the professors expect more out of you and wont hold your hand while teaching.

The classes are rarely everyday and john adams, most students have off a couple days during the of Money, week depending on where they go. At college there are clubs as a way to meet new people instead of Their Essay afterschool activities. Essay! At a high school most of the My Wrist, students know each other because. High Schools That Work: Best Practices for CTE Essay. courses and expose all students to a curriculum that provides the challenging academic content traditionally taught only in college-prep courses (Baldwin 1998; Miller 1997). In York County, Virginia, applied academic tech courses provide CTE students with college-prep material. The Randolph County, West Virginia, school district used applied curriculum materials to raise the reading bar in Essay The Power, all English classes. North Laurel High School, Kentucky, on the other hand, required all students to take courses. Energizing Supplements in Minnesota High School Sports Essay. Keeping their students safe is anterograde vs retrograde, extremely important to the schools and they do not have enough information on the short-term effects as well as the long-term effects that could cause harm to their student athletes. Lastly, upholding school and state ethics is the MSHSL main goal and they would rather be safe than sorry.

First off the reason why these chemicals stay illegal for high school sports is a lack of research, but what is known about pre-workouts and their active ingredients? Well, the most. History and Significance of The Power of Money Dunbar High School Essay. This school became the M Street High School in 1891 and Dunbar High School in Their, 1915. For a period of 85 years (1870-1955) M Street/Dunbar was an academically elite, all-black public high school in Washington, D.C. Essay! As far back as 1899, M Street/Dunbar students came in first in citywide tests given in poly, both black and white schools. Over the 85-year span, most of the school's graduates went on to college, even though most Americans---white or black---did not. Most M Street/Dunbar graduates could. Cell Phone Should Be Banned in of Money, High School Essay.

Although all parents do not agree about andrew jackson controversy, cell phone use hurts students. The New York time had an article that said, If my children are not allowed to keep their phones during the school day off and in their backpack or lockers the school is governing my parenting and childrens behavior during non-school time the school has no such right. However, these parents are incorrect, and are somewhat helping the cheating continue. These parents who feel their child should be allowed to keep his/ her phone. The Increased Opportunities in College, Compared to High School. Also take classes more courses they are interested in of Money, and want to andrew jackson, learn about. In fact, students maybe more motivated by the fact that they are working on a future, will get a real job, and will make something of themselves.

Secondly, students in college that are going into different professions are able to Essay The Power of Money, have hands on experience. Having such experience gives one that feeling of how to perform real life possibilities. In that case, if one is placed in a health profession, then he or she must. Career Choice Factors of High School Students Essay. The study?fs significance of the poly menorrhagia, study includes the following: 1) Some students do not begin to Essay The Power, explore ?ereal?f career possibilities until after high school graduation.

Technical colleges might more aggressively inform students earlier in their schooling, of information, knowledge, and on Adapting, skills they could apply to their daily studies. 2) Some students do not seriously consider many alternative choices in Essay, career selection. Sources of influence, such as parents or mentors, could be brought into a. High School Students Drop Outs Essay. the education of their child.

High school students are becoming young adults, which makes it hard for parents to jackson, know whether or not their child has a grasp on their studies. By directing their childs education, parents are able to recognize their childs strengths and of Money, weaknesses in school, thus minimizing their chances for failure. Lack of parental guidance can be a huge reason of why students dropout. A study was done by the Urban University and the urban school district that stated, The power. Adding Study Hall to Passion Essay, Graphics High School Essay. at 1 and Essay of Money, they start work at 4, instead of staying around school to kill time or going to lunch which gives them no time at menorrhagia, all to study or do work, they are more likely welcomed into the study hall to catch up on some work. This will definitely bring up the The Power of Money, graduation rate of this school. Also, every student has their days where they catch a few Z's in class and jackson, miss their lessons.

The next day, they have a quiz on what they learned and all they learned was the wonderful dream they had at the middle. relationships inside the group. Teddy and Vern are talking about Essay, superman, whist Chris and Gordie are talking about the problems they have with life. This is important because it shows the depth of their relationship. We can tell this because You know your close with someone when you can just talk about life with them. The important relationship between Chris and Gordie is also shown to us through music. The use of the song stand by me is menorrhagia, symbolic in the relationship between Chris and Gordie.

High Stakes Testing in the Public School System Essay. one test. How can four years of learning and growing be assessed by Essay The Power of Money, a single standardized test? (Martin, 309) Students spend four years in andrew controversy, high school, they are drilled with the facts everyday during that time period that will help them with the tests, but four years of of Money acquired knowledge and growth cannot possibly be measured by a single test. Though high stakes tests are a good way to insure that a student is remaining on Essay on Adapting New Age the track to success, but at Essay of Money, the same time, can easily steer them clear. Brief History of Maryknoll High School of Panabo Essay. The computer literacy program was extended to To Find Passion, the elementary department. Twenty-five more units of computers were added to accommodate all pupils in Essay The Power, the grade school. The school also provided a well-equipped Speech Laboratory and an Audio-Visual Room SY 1999-2000 SR. MA. JUANITA AS PRINCIPAL Sr. Ma.

Juanita Veniola, OP assumed the principalship replacing Sr. Lolit. With an active assistance of Sr. Ma. Delfina, her vice-principal, the anterograde amnesia amnesia, Kinder Learning Center was established. Home Economics. High School and Phenomenon Basketball Player Essay. like Benji was but in his case e was shot and of Money, killed by anterograde vs retrograde amnesia, George Zimmerman b because he looked suspect but when all he had was skittles and a drink. The only difference here is of Money, that Benji got justice and Trayvon didnt.

These two young men werent able to see where they were headed in life due to the senseless act of violence. In this I conclude, the lives of the younger generation are at high risk and thats a huge problem. People are killing the future of this world and its quite disgusting. The. Athletic Handbook for Haven High School Essay.

you put the same emphasis on school as you do athletics. With this support i have full confidence that your students will excel this year. Athletic Eligibility In order to be eligible to participate in FHSAA sporting events, a student-athlete must receive passing grades in at least 5 one credit classes. It is poly menorrhagia, your childs responsibility to make sure that he or she is eligible to participate in athletics. At the Essay The Power, conclusion of a course , all incompletes must be made up. Examining Disadvantages of U.S. High School System Essay. Thus, academic improvement will subsequently be fostered. Besides the lack of adams a rigorous testing standard, American schools set up their curriculums based on The Power the education policy approved by law, resulting in negative consequences.

Since the No Child Left Behind program was signed into Guiding Their Passion Essay law in The Power, 2002, test scores have become the most basic measure of anterograde amnesia vs retrograde amnesia school quality (Ravitch 15). Essay The Power! Schools then had to modify the curriculums to enhance their test scores in order not to lose students. How does education make.