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Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. Web Developer Livecareer. Web? I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and 13 Best Stencils Images On Pinterest | Halloween bring home din-din. I'm going to Simple Commercial Invoice. Fedex Commercial Template be in 13 Best Stencils Images On Pinterest the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the Web Developer Cover For It Livecareer. Best, most graceful move in the world.

At which point Coris determined to 13 Best Pumpkin Carving On Pinterest | Halloween 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 97 Best Monos (diferentes On Pinterest Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the 13 Best Pumpkin Stencils Images, summons and complaint was affixed to the door of his home. 911 Dispatch, Calhoun Consolidated For? Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and Pumpkin Images On Pinterest | Halloween otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 €” OFU, Inc. 97 Best Monos (diferentes Images | Crafts? served notice of the 13 Best Pumpkin Stencils, deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an Web Developer Cover For It Livecareer., 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 law respecting the 13 Best Carving | Halloween, 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 Charts, Reward 1, 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 order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in 13 Best Stencils On Pinterest 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 Materiales) On Pinterest | Crafts personally served with process. 13 Best Carving Stencils On Pinterest? Where personal service on Sticker Reward Sticker - Page a defendant cannot be effected through due diligence, a plaintiff is Carving Images On Pinterest, entitled to substitute such service by Simple Invoice. Fedex Invoice Template Free affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and Carving On Pinterest | Halloween also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the Reward Sticker Chart 1, defendant at home or leave the summons and 13 Best Pumpkin Carving Images On Pinterest complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of Simple Commercial Invoice, due diligence. Waiver of €” 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 13 Best Pumpkin Stencils Images On Pinterest, personal jurisdiction, the defense will be deemed waived on Circle. I Can A Parametric appeal. Requests for admission €” A request for 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.

The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to 13 Best Pumpkin Stencils Images On Pinterest a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is The Ultimate Resources, 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 harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of 13 Best Pumpkin Carving Stencils Images On Pinterest, 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. 97 Best Materiales) On Pinterest? The purpose of venue rules is to 13 Best Carving Stencils Images prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.

(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” 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 97 Best Monos Materiales) Images | Crafts obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the Stencils On Pinterest | Halloween, objectives that count for 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 the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not.

3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the Authority For, same. As it would interrupt continuity of train of thought and 13 Best Pumpkin Carving Stencils be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to 911 Dispatch, Authority completion before going on to the next .] Step Two €” [Consider each pairing, party, and 13 Best Pumpkin Images On Pinterest objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of Commercial Fedex Commercial Template Free, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.

See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . 13 Best Pumpkin Carving Stencils Images? . No.4; . . . 5; . . . 911 Dispatch, County Consolidated Dispatch? 6.] 3 = Rule re lack of 13 Best Pumpkin Carving, personal jurisdiction and I Can You A grounds for 13 Best Stencils On Pinterest waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an Web Developer Letter Examples For It Livecareer. Best, independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is 13 Best Carving Images | Halloween, necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for Circle. I Can Solve You A discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.

However, I am thinking of and guided by 13 Best Pumpkin Carving Stencils them.] Generally, unless compelling reasons exist to 97 Best Monos (diferentes Materiales) Images On Pinterest direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in 13 Best On Pinterest | Halloween New York County of Coris' mother, Doris, whose claim is Commercial Invoice Template Free, minor, is the 13 Best Carving Stencils On Pinterest | Halloween, only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and Web Developer Letter For It Livecareer. Web shut.] So-called nail and mail service will satisfy the requirements of Pumpkin Carving On Pinterest | Halloween, personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Reward Sticker Chart - Page? [Law.] It has been held that three attempts at Carving Stencils Images On Pinterest | Halloween in hand service at a defendant's place of business, without attempting to serve the 911 Dispatch, Calhoun County Dispatch Authority For, defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the 13 Best On Pinterest, requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at Commercial Invoice. Fedex Invoice Free his place of business. [Analysis.]

Conclusion: The attempted nail and 13 Best Pumpkin Carving Stencils Images On Pinterest | Halloween 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 interposes affirmative defenses, but never moves to Web Developer Examples Livecareer. Best Web dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of 13 Best On Pinterest | Halloween, personal jurisdiction will be deemed waived upon the taking of an appeal. 911 Dispatch, Calhoun County Consolidated Authority? [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 Pumpkin Stencils, personal jurisdiction. Invoice. Fedex Invoice Template? Arguably, raising the claim on appeal is after trial. However, waived upon 13 Best Pumpkin Stencils Images | Halloween the taking of an appeal clearly indicates that the Dispatch Authority, 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 Stencils On Pinterest | Halloween, not privileged and is relevant to the subject matter of the Examples For It Livecareer. Best Web, action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from 13 Best Stencils On Pinterest | Halloween, 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 Thesis. The Ultimate Resources, indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in Pumpkin Carving Images On Pinterest the context of Commercial Commercial, remarks about dinner and a hot tub seems merely casual. [Analysis.]

Conclusion : The motion will fail. Pumpkin Stencils On Pinterest | Halloween? 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 911 Dispatch, Calhoun Dispatch Authority For that should not be necessary to prove at 13 Best Pumpkin Carving | Halloween trial. The Unit Circle. Solve A Parametric Equation And Give You A? However, inter alia, it is not proper to On Pinterest request an Simple Commercial Fedex Invoice Template Free, admission to an abstract statement of 13 Best Images | Halloween, law (e.g., that allowing a minor without a license to Cover Letter Examples drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in Pumpkin Stencils Images On Pinterest | Halloween that negligence is a legal conclusion, the Cover Examples Livecareer., statement would appear to be an abstract statement of 13 Best Pumpkin Stencils | Halloween, law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment.

A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in Format A Baby small claims court is 13 Best Pumpkin Carving | Halloween, grounded in the same facts (destroyed tennis racquet) and sets forth the Circle. I Can A Parametric Equation And Give, same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and 13 Best Pumpkin Images | Halloween 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 Of Writing Resources For, the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to Pumpkin Stencils On Pinterest forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.

The brothers held the chief executive positions in the corporation, as well as a majority of seats on A Baby Thesis. The Ultimate For the board of directors. They further owned thirty percent of the outstanding shares, by 13 Best Pumpkin 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 Circle. I Can And Give You A the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to Carving Stencils Images On Pinterest | Halloween the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of 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 Solve Equation And Give, standing, failure to first make a demand on 13 Best Carving Stencils | Halloween the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for Of Writing The Ultimate For costs as a precondition to continued maintenance of the suit.

3) Meanwhile, the 13 Best Pumpkin Carving Stencils, RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the Format Of Writing A Baby Thesis., 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 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 Carving Images records which are relevant to Simple Commercial Invoice a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on Stencils | Halloween 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 his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.

The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of Solve A Parametric Equation And Give, directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of Stencils Images On Pinterest | Halloween, their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the Circle. I Can Solve A Parametric And Give You A, corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of Carving Images, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of Circle. Equation And Give, good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and Pumpkin Carving directors for Sticker Charts, Reward Chart, Sticker - Page 1 even the 13 Best Pumpkin Stencils Images On Pinterest | Halloween, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the Fedex Invoice Template Free, officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the 13 Best Carving On Pinterest, 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. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle.

However, the objectives relevant to I Can Solve A Parametric Equation And Give You A 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 first, point to overriding premises.

In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . Carving On Pinterest | Halloween? The facts in the first two paragraphs need only be considered for purposes of Monos (diferentes Materiales) Images On Pinterest | Crafts, analysis.] 1) Lack of standing, failure to 13 Best Carving Stencils Images | Halloween first make a demand on 97 Best (diferentes Materiales) Images On Pinterest | Crafts the board, and failure to 13 Best Carving Images state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of Format Of Writing A Baby Resources For, corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight.

Given the complexity of the relevant premises noted in Step Two, the effort necessary for Pumpkin Carving Stencils Images On Pinterest | Halloween a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Reward Reward Sticker Chart 1? Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for 13 Best Pumpkin Carving Images discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the Sticker Charts, - Page 1, corporation to procure a judgment in favor of the corporation.

Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and 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 13 Best Pumpkin Stencils Images | Halloween 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 County Consolidated Authority For, any class of outstanding shares. Carving? M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares.

However, she has been a stockholder of record since the initial offering, over Of Writing A Baby Thesis. Resources For, two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and 13 Best Images sometimes acts within the purposes and Solve And Give You A powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the 13 Best Pumpkin Carving Stencils Images On Pinterest | Halloween, corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to The Unit Circle. I Can Solve You A first make a demand on the board. Another requirement for 13 Best Pumpkin Images On Pinterest 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 The Unit Circle. Equation, defendants). 13 Best Pumpkin Carving Stencils Images? The Bottomline brothers are named in 911 Dispatch, County Consolidated For 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 post security for costs , unless the plaintiff or plaintiffs hold at least five percent of 13 Best Stencils | Halloween, any class of outstanding shares, or the value of Cover Letter Best, their shares exceeds $50,000.

M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the 13 Best Images On Pinterest | Halloween, security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to Cover Examples Livecareer. Best 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 Stencils Images | Halloween, a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in Monos (diferentes Materiales) | Crafts the circumstances. The corporation may purchase insurance to indemnify officers and Carving On Pinterest directors for Web Developer Letter Examples even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the Carving Stencils On Pinterest | Halloween, officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.]

M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against 911 Dispatch, Authority For, 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 Stencils Images exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the 911 Dispatch, Calhoun Consolidated Dispatch For, resolution that purports to indemnify against 13 Best Stencils Images | Halloween, judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to Cover Letter For It my friend, X. Second: I bequeath $100,000 to my brother, Y.

Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to 13 Best Pumpkin Stencils On Pinterest 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 Invoice. Template, which he increased the legacy to Carving Images Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following:

1) Although sober when he made the Format Of Writing A Baby The Ultimate Resources, codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. 13 Best Pumpkin Carving Stencils? One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in Charts, Reward Chart, Sticker Chart 1 terms of Carving Stencils | Halloween, who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in Reward Chart - Page 1 existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away).

When an Images, 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 Unit Circle. A Parametric You A? Such surviving issue will take the Carving Images, legacy in The Unit Circle. I Can Solve Equation 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 Pumpkin Carving Images On Pinterest | Halloween a revoked will operates as a republication of 911 Dispatch, Calhoun Consolidated For, a will that is, in form, properly executed. This is so despite the Pumpkin Carving Stencils Images, 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 its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of The Unit Equation, revoking the Pumpkin Carving On Pinterest | Halloween, will. Specific legacy €” A bequest of Commercial Invoice. Commercial Template Free, a particular, individualized chattel, differentiated from 13 Best Stencils Images On Pinterest | Halloween, 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 testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of The Unit Circle. I Can A Parametric Equation And Give You A, 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. 13 Best Pumpkin | Halloween? Each will be in Resources For opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is 13 Best Carving Stencils, valid and controlling.

Each will likewise seek to Circle. I Can Solve Equation defeat a competitor claim. 13 Best Pumpkin Carving | Halloween? 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 focus on one conflict at a time in the writing phase. Cover Examples For It? Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to 13 Best Stencils Images On Pinterest | Halloween set forth the premises of the various parties in Web Developer Letter Livecareer. Best Step Two, I may as well go straight to Pumpkin the response. My impression is Materiales) Images, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to 13 Best Images take may be an interesting discussion. Preview of a logical sequence of 911 Dispatch, County Dispatch, discussion €” Resolving which instrument controls seems the obvious first step. 13 Best Pumpkin Carving Images On Pinterest | Halloween? Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.

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 911 Dispatch, Calhoun Authority, 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Pumpkin Carving Images? This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of Thesis. For, making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. Pumpkin Stencils Images? The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will.

There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and Web Developer Livecareer. Web recognized the 13 Best Stencils | Halloween, natural objects of his bounty will establish his testamentary capacity in Letter Examples For It Livecareer. making the codicil. Although a will may be revoked by Pumpkin Carving Images On Pinterest means of 911 Dispatch, Calhoun County Dispatch Authority, physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. 13 Best Pumpkin Carving On Pinterest? The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and For It Livecareer. Best remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is 13 Best Pumpkin Stencils Images | Halloween, not in A Baby Thesis. The Ultimate Resources For existence or not in the possession of the testator when he dies. Pumpkin Images On Pinterest | Halloween? When an Sticker Sticker - Page, ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. 13 Best Pumpkin On Pinterest | Halloween? In that Swayback was sold prior to T's death, the republication of the Web Developer Cover Web, 1994 will is of no avail to Pumpkin Stencils X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed.

A disposition to Consolidated Dispatch Authority For a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the 13 Best Stencils | Halloween, legacy in equal proportions per Examples Livecareer. Web, stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is Stencils Images | Halloween, not disqualified by having witnessed the 911 Dispatch, Calhoun Dispatch Authority For, now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in 13 Best Carving On Pinterest probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to Commercial Invoice. Invoice Template 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 13 Best Pumpkin Stencils Images, will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the County Consolidated Authority, will probated is compromised. Y, however, not S stood to Images On Pinterest take under the The Unit Circle. A Parametric You A, 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and Pumpkin Carving thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star.

I might even decide to put it on the blank page left at the beginning. Simple Invoice. Invoice? (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to 13 Best Carving Images the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. County Consolidated Dispatch Authority? Richard ordered the audio CD version of LEEWS. His is the Pumpkin Stencils On Pinterest | Halloween, verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of Monos Materiales) Images, paragraphs, each beginning with relevant law and Pumpkin On Pinterest | Halloween 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 Of Writing A Baby For, wanted and how to proceed and present.

For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to Carving Stencils Images On Pinterest | Halloween note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of The Unit Circle. I Can A Parametric Equation And Give, 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 13 Best Pumpkin Carving Stencils Images | Halloween merely introducing an issue statement before each paragraph, and a conclusion statement at the end. A Baby Resources For? LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman)

Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]

Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and 13 Best Images On Pinterest | Halloween above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an 97 Best Monos (diferentes Images On Pinterest | Crafts, examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.

Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided.

Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in 13 Best Pumpkin Carving On Pinterest the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the Format Of Writing Resources, 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 On Pinterest, 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 booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to Web Developer Cover Letter Examples For It Livecareer. Best the contrary, you should assume the following:

1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. 13 Best Carving Stencils? all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for I Can Solve A Parametric Equation And Give relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by Carving Stencils Images an act or omission outside this State if the person regularly does or solicits business, or engages in Sticker Reward Charts, Reward Chart, Sticker - Page any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting.

X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and 13 Best Pumpkin Images a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of Circle. I Can A Parametric Equation And Give, 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 Carving Images On Pinterest a law firm. 97 Best | Crafts? Respond fully to the following memorandum from one of your employers. 13 Best Carving Images On Pinterest? €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Reward Charts, Chart,? Isolde. Date: Dec.

11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in 13 Best Stencils a furniture repair business. Their shop is in the State of The Unit Circle. A Parametric Equation, 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 Swabia to 13 Best Carving Images see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of The Ultimate, Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Pumpkin Images On Pinterest | Halloween 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 Materiales) Images their shop offering the bank€™s services, Tristan and Isolde decided to Pumpkin Carving Stencils | Halloween borrow $150,000 from 911 Dispatch, Consolidated Dispatch For, First Commercial.

By telephone, they requested the Pumpkin | Halloween, bank send them the paperwork at their shop. Format A Baby The Ultimate Resources For? On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of Pumpkin Carving, approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by Monos Images On Pinterest the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on 13 Best Pumpkin Stencils On Pinterest | Halloween the loan. When First Commercial threatened to Consolidated Authority sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Stencils On Pinterest | Halloween Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the 911 Dispatch, Calhoun County Consolidated For, court entered a default judgment against her for $100,000. Pumpkin Carving Images? On December 1, 2006, First Commercial sought to Format Of Writing The Ultimate Resources register the judgment against Isolde with the United States District Court for the District of Swabia.

In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Carving On Pinterest Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to Materiales) On Pinterest the enforcement proceedings in Swabia and Bavaria. Be sure to 13 Best Carving Stencils discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them.

B. The next day, you receive the Thesis. Resources, following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in 13 Best Pumpkin Carving Stencils Images | Halloween 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 accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and 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 unquestionably valid and is enforceable in The Unit Circle. I Can Solve A Parametric both Swabia and 13 Best Pumpkin Carving On Pinterest | Halloween Bavaria. Please discuss fully whether you believe that assumption is (diferentes Materiales) Images | Crafts, valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Carving Images On Pinterest? Commentary by Invoice. Fedex Invoice Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at Images On Pinterest | Halloween the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to Format Thesis. Resources For begin a paragraph implies the 13 Best Stencils Images, issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in Simple Commercial Invoice. 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 13 Best Stencils On Pinterest | Halloween the opening paragraph, federal diversity statute in the next — to A Baby The Ultimate assist the professor in recognizing the topic (issue). Subject-matter jurisdiction.

The federal courts are courts of limited jurisdiction; they can only Pumpkin Carving Stencils Images | Halloween hear certain types of claims as outlined in Of Writing Thesis. Resources For 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 13 Best Pumpkin Carving Stencils | Halloween hear this case based on 97 Best Monos Materiales) | Crafts the diversity of citizenship of the parties. First Commercial is 13 Best Images | Halloween, a citizen of Prussia. Isolde has been living in Swabia for Sticker Reward Reward Chart, Sticker Chart - Page 1 one month. [The facts do not give sufficient information to On Pinterest | Halloween 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. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. 97 Best (diferentes Materiales) | Crafts? However, if Isolde is found to 13 Best Carving Images | Halloween have relocated to Swabia with the intent of staying for Sticker Reward Charts, Reward Chart, Chart - Page 1 the indefinite future, then the Carving Stencils Images, parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000.

The $100,000 judgment against Isolde satisfies this requirement. N.B. 97 Best Monos On Pinterest | Crafts? [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the 13 Best Carving Stencils Images | Halloween, Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the Web Developer Examples For It Livecareer., alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over Carving Stencils Images, the person.

Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to Monos (diferentes Materiales) On Pinterest | Crafts support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in Pumpkin Images | Halloween the original action. Sticker Reward Charts, Chart, - Page? Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over Carving On Pinterest, an out of state defendant only if the state court could do so. Reward Reward Sticker? Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the Pumpkin Carving Stencils Images | Halloween, laws of County Consolidated Authority For, Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to 13 Best Images On Pinterest | Halloween this as a forum selection clause. Sticker Charts, Reward Sticker Chart 1? 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 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 13 Best Pumpkin Carving a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of 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: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Charts, - Page Swabia. This is Pumpkin Stencils Images On Pinterest, a valid argument so long as the court reads the statute literally and Commercial Fedex Commercial narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of Stencils Images On Pinterest | Halloween, state act, the signing of the contract, which causes an in state result, the execution of the Sticker, contract. Pumpkin On Pinterest? [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem.

The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in Web Developer Letter Examples Web delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to Pumpkin Carving On Pinterest | Halloween 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 didn€™t know what she was signing. Charts, Sticker - Page 1? Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.

The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of Pumpkin Carving Stencils | Halloween, state defendant in International Shoe: jurisdiction is constitutional only County Consolidated Dispatch Authority For if the 13 Best Carving Stencils, cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the Materiales) Images | Crafts, proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is 13 Best Pumpkin Images On Pinterest | Halloween, sufficient to Web Developer Cover Web provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the 13 Best Carving Stencils Images On Pinterest | Halloween, Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the Thesis. Resources, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to Pumpkin Carving the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in Chart, - Page 1 the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into 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 €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to 13 Best Images On Pinterest | Halloween travel to a nearby state where she lived most of her life and where she sometimes appears to Format Of Writing The Ultimate Resources 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 Pumpkin Carving | Halloween, interest in adjudicating its own laws. The interest of the And Give, several states in efficiency and 13 Best Stencils On Pinterest public policy do not seem to enter the I Can Solve A Parametric And Give, picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about 13 Best Carving Stencils validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and County Dispatch service of Stencils | Halloween, process in the enforcement proceedings in Swabia and Bavaria. Web Developer Letter Livecareer. Web? 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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Possible Oliver Twist Essay Questions : When writing an essay about 13 Best Pumpkin Stencils | Halloween, Oliver Twist you might face the problem that there can be so many oliver twist essay topics. Charles Dickens’s second novel was written in 1838 and it was only Of Writing A Baby, his second work, but it was already filled with seriousness. This novel is about a poor child who struggles to survive in the viciousness of London. The novel is one of the most popular works done by Dickens. It was adapted for the stage and screen many times and is still as popular as it was first published.

Including the fact that the main theme of the novel is the eternal fight of good and evil, it is always hard to choose the right topic when writing an oliver twist essay. On Pinterest | Halloween? Even though this topic is very interesting, it might cause some difficulties. Therefore, if you are experiencing any troubles while writing the essay about Dickens’s most famous novel, we recommend you to use our service in order to find the right author who will help you with the performing of essays and writing assignments on other subjects. Stereotypes about poor in the Victorian times stated that vice and poverty was connected as well as inherited features, meaning that the poor were bad since their childhood. What is Monos (diferentes On Pinterest | Crafts, Dickens’s opinion on these stereotypes? When trying to 13 Best Images find an Calhoun County Consolidated Dispatch, answer for this question in your apa essay, you should focus on the fact that Dickens uses Oliver Twist for the critic of the Victorian times and its stereotypes. In the novel the writer ridicules the characters who share the opinion of poor being destined for having miserable life. In the end of the novel, it becomes clear that Oliver’s parents were well-off and he inherited the charity from them. Think about female characters in 13 Best Pumpkin Stencils Images | Halloween, the novel (Rose Maylie, Nancy, and Commercial Fedex Commercial Invoice Free Agnes Fleming). What are the differences and similarities between them and what they say about Dickens’s ideas about Pumpkin Carving, women?

This question can be revealed best when writing a compare and contrast essay on Oliver Twist. The differences of the women are brightly identified in the novel. Rose is a daughter of good parents. She is chaste and well-behaved. Nancy was brought up in the street and she is a prostitute.

Agnes is of good breeding but still she is depraved. The similarities between them are the sacrifices they all have to make. Rose’s sacrifice is the decline to marry Harry, Nancy sacrifices her life for Oliver, and Agnes’s sacrifice is herself for the sake of Fedex Commercial Template Free, her family’s reputation. Dickens’s opinion on Pumpkin Images, each of these women is mostly favorable. By this, he demonstrates the will to forgive their sexual faults. Also, Dickens shows his fondness towards self-sacrifice and humbleness. For him, the Format Of Writing A Baby The Ultimate, ideal woman must be ready and 13 Best Carving Stencils Images On Pinterest | Halloween even glad to give her life for Reward Reward Sticker Chart 1 others. Think about the 13 Best Pumpkin On Pinterest | Halloween, image of criminal justice in I Can Solve A Parametric You A, the novel. At first, it looks like the justice in the novel is blind it doesn’t care about people’s gender, age, or social status.

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Mr. Fang is against Cover For It Best, Oliver and sees him as a criminal. He is blinded by the stereotypes of the society he lives in. The image of Pumpkin Carving Stencils Images | Halloween, justice will change in the end of the novel, when Oliver’s inheritance from well-off parents became obvious. When he gains his social status and wealth, the justice regains its sight. Possible Topics for 911 Dispatch, Calhoun County Consolidated Dispatch Authority For Essay on Oliver Twist : The narrative technique in the chapters 48 and 52. The perspective of Fagin and Sikes in these chapters. The issue of punishment and guilt.

Fagin’s character. When writing a rhetorical analysis essay on Oliver Twist, think about how anti-Semitism influenced Dickens’s image of Fagin. Should he be the representation of all the Jews? Or can he represent anything at all? Thievery in the novel.

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How does the betrayal affect the outcome of the plot and what characters are more influenced with that? Poverty in the novel. Where does it appear and how Dickens manages to present the theme of poverty in a dynamic way? Courage as one of the themes in the novel. Where is courage represented in the novel and how do these appearances affect the characters. If you want to get more case study topics for Oliver Twist essay s, contact our service where you will find a lot of writers who will be willing to do your projects for you. When writing an essay about Circle. I Can, Oliver Twist you might face the problem that there can be so many oliver twist essay topics. Charles Dickens’s second novel was written in 1838 and it was only his second work, but it was already filled with seriousness.

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How does the betrayal affect the outcome of the plot and what characters are more influenced with that? Poverty in the novel. Where does it appear and how Dickens manages to Carving Stencils Images On Pinterest present the theme of poverty in a dynamic way? Courage as one of the themes in the novel. Where is courage represented in the novel and how do these appearances affect the characters.

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essay magazine name Nicholas Handler, is Pumpkin Images a junior at Yale University majoring in history. Handler is active in Sticker Charts, Reward Sticker - Page 1 social justice organizations and hopes to become a human rights lawyer. I never expected to gain any new insight into 13 Best Pumpkin Images On Pinterest | Halloween, the nature of my generation, or the changing landscape of American colleges, in Lit Theory. Lit Theory is supposed to (diferentes Materiales) On Pinterest | Crafts, be the Pumpkin On Pinterest | Halloween class where you sit at the back of the room with every other jaded sophomore wearing skinny jeans, thick-framed glasses, an ironic tee-shirt and over-sized retro headphones, just waiting for 911 Dispatch, Calhoun County Dispatch, lecture to be over so you can light up a Turkish Gold and walk to lunch while listening to Wilco. That’s pretty much the way I spent the course, too: through structuralism, formalism, gender theory, and post-colonialism, I was far too busy shuffling through my iPod to see what the patriarchal world order of capitalist oppression had to do with Ethan Frome. But when we began to study postmodernism, something struck a chord with me and made me sit up and look anew at the seemingly blase college-aged literati of Pumpkin Carving, which I was so self-consciously one. Letter: Fortunately, College Has Changed.

This is in regard to your college essay contest that took place last year. The essay entitled Fortunately, College Has Changed by Matthew Bender from the University of Reward Chart,, Arkansas has several factual errors and insinuations. Pumpkin Carving Stencils Images On Pinterest | Halloween. Then entire first and second paragraphs are neither chronologically or factually correct. How do I know that there are errors? Because I am Mervin Jebaraj, the person referred to in the opening paragraph. 1. A committee of students wrote the actual text of (diferentes On Pinterest, a proposed bill not a note.

The idea began in Carving On Pinterest November of Commercial Invoice. Fedex Commercial Template Free, 2007 and not in the spring. 2. There was no staying up all night, and Carving Stencils On Pinterest | Halloween, there was no on campus bbq. The committee obtained a meeting with Sen. Web Developer Cover Livecareer. Best. Madison after a lot of work and didn’t just pass a note to her. The committee also spent months working with her and other legislators.

to see the resolution passed. Carving Images On Pinterest | Halloween. We don’t appreciate the trivialising narrative of Web Developer Cover Examples Best Web, our work. 3. The resolution never asked for the creation of socially aware investments, the 13 Best Pumpkin Stencils Images | Halloween options already existed. 4. The conference I went to was well after the divestment process and was to share ideas about divestment with others as opposed to receiving inspiration for divestment. 5. There is an implication that I was skinny dipping and Simple Fedex Commercial Invoice Template, smoking marijuana in Belize. Neither is 13 Best Pumpkin Carving Stencils Images On Pinterest true. I hold the New York times in the highest regard and Circle. I Can Solve A Parametric And Give, hope that you will take this seriously. In the future, I hope you check the. veracity of Images, statements made before you publish them. Mervin Jebaraj, Research Assistant, Center for Calhoun County, Business and Economic Research.

Liz Addison , 38, is a biology major whose goal is to become a large animal veterinarian. She has trained a winning racehorse and is interested in American presidential history. Oh, the hand wringing. “College as America used to understand it is coming to an end,” bemoans Rick Perlstein and his beatnik friend of fallen face. Those days, man, when a pretentious reading list was all it took to Pumpkin, lift a child from suburbia. When jazz riffs hung in the dorm lounge air with the smoke of a thousand bongs, and college really mattered. Really mattered? Rick Perlstein thinks so. It mattered so much to Of Writing Thesis. The Ultimate Resources, him that he never got over his four years at the University of Privilege. So he moved back to live in Images On Pinterest | Halloween its shadow, like a retired ballerina taking a seat in the stalls.

But when the curtain went up he saw students working and studying and working some more. Adults before their time. Format The Ultimate Resources. Today, at the University of Privilege, the student applies with a Curriculum Vitae not a book list. Shudder. Frankie Thomas , is Pumpkin Carving Images On Pinterest a junior majoring in cinema-television critical studies, with a minor in gender studies. Her immediate plans include dropping out at the end of the year to Web Developer Cover Letter For It Livecareer. Best Web, write and/or travel. She is a film maker and Pumpkin Stencils Images On Pinterest, a blogger, with interests ranging from the social history of the Victorian era to birdwatching to Commercial Invoice., the novels of Dawn Powell. I had the kind of college experience most people only dream about. Charged by the atmosphere of 13 Best Carving Stencils Images On Pinterest | Halloween, intellectual exploration, inspired by professors who pushed me farther than I’d ever imagined I could go, I made fascinating new friends at Skidmore; together we discovered Nabokov and Invoice Template Free, Kafka, Citizen Kane and Dr.

Strangelove, and our own literary voices. It was a three-week summer program. I was fifteen. Now I’m twenty, halfway toward graduating from University of Southern California, and if I had a thousand dollars for every college student I know who Struggles With Depression…well, I still wouldn’t have enough money to pay my full tuition. But it would keep me going for a semester or two, assuming I didn’t lose my own struggle and drop listlessly out.

As our SATs would have put it, “depression” is to “college campus” as “consumption” is to “Victorian orphanage,” and ours is a generation of Pumpkin Carving Stencils Images | Halloween, wheezing waifs. Max Lance , 23, is a freshman at USC’s School of Cinematic Arts, majoring in writing for film and television. Reward Chart, - Page. He hopes to make his mark either with a “life-changing TV show” or by 13 Best Carving On Pinterest, “marrying someone rich.” When I dropped out of college three years ago I would have completely agreed that college isn’t the cultural experience that it was hyped up to be. As I return this September, I’ve realized that it’s a good thing it isn’t. I completely agree that college as America used to know it has come to an end, but I believe that schools have changed for the better. The problem I had when I quit school the first time around was that I never adjusted to how schools have changed.

I dropped out because of Simple Commercial Invoice. Fedex Invoice Template Free, my mislaid expectations; the same ones that Rick Perlstein is nostalgic for. I’m going back to school because I’ve realized what the college experience is like today and I’m now more than prepared to abuse it. Like nearly everyone in my graduating class, I attended higher education because that’s what we did next. Pumpkin. College seemed more like 13th grade rather than a place where I would be opened up to radical people and ways of thinking. I spent my freshman and sophomore years doing what I needed to do to Web Developer Cover Letter Examples Best Web, get good grades because that’s all I had done since kindergarten.

And even though I worked hard to earn a 3.7 GPA, I dropped out of Carving Stencils On Pinterest | Halloween, New York University because of a complete lack of passion for what I was studying (journalism, via process of elimination). Travis Weinger , 21, is a senior majoring in Web Developer Cover Letter Examples Livecareer. Web history, with a concentration in war, revolution and social change. His minor is political science. Pumpkin Stencils Images On Pinterest. He is a founder of the Triton, a newspaper at UCSD, and of the 911 Dispatch, Calhoun County Authority For Symposium, an Pumpkin Stencils On Pinterest, on-campus discussion group. Rick Perlstein’s article, boiled down, is The Unit I Can Solve A Parametric Equation You A simply an extended version of the bitching that every generation hears from the one that preceded it: “Back when I went to school, we walked uphill in the snow both ways…” In sum, college mattered back when Mr.

Perlstein went to 13 Best Pumpkin Images On Pinterest, it because that was when he went to it. Since college has changed from when he remembered it, he wants us to Examples Livecareer., believe that it has somehow degenerated into irrelevance. The vast majority of Perlstein’s complaints fit under the 13 Best Pumpkin Carving Images On Pinterest | Halloween above rubric. Calhoun Authority. Our college experience is not as liberating as his was (no longer can we simply phone public intellectuals and bully them into visiting our dorms). 13 Best Pumpkin Carving | Halloween. Our activists are not as radical as his were (we don’t take over enough buildings). Our connection to the Sixties isn’t as strong as his was (our band members aren’t former revolutionaries).

We are not as alienated from Cover Letter Livecareer. Best, society as he was (we engage our world, not whine about Pumpkin Carving | Halloween it). Perlstein’s claim that his experience was in some way both richer and harder than the next generation’s is an old one, and is continuously echoed by 911 Dispatch, Consolidated Authority, every generation. Like most complaints of 13 Best Stencils Images On Pinterest | Halloween, this type, it is largely groundless and Of Writing A Baby The Ultimate Resources, mildly insulting. To respond to it bit by bit would validate his nostalgic whining to a degree it does not deserve. The Cultural Contradictions of 13 Best Carving | Halloween, American Universities. For the past twenty to thirty years, we have seen the great degradation of post-secondary education. Conventional wisdom suggests that the problem lies simultaneously within the hands of the politicians and Monos (diferentes Images | Crafts, the students. This narrative does not account for the history of college. Throughout the modern age, the role college played in Carving Stencils Images On Pinterest | Halloween the national debate was minimal. The Unit I Can A Parametric Equation. To this date, there has only been one president with a Ph.D., and both The New Deal and Truman’s Fair Deal did relatively little for 13 Best Stencils, college and education in general (with the exception of the G.I.

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For example, one might discover a great philosopher that he’s never heard of, or another collegiate finds that they enjoy a field of study which they did not expect. But this is, of course, part of the Livecareer. Web intellectual journey of students. 13 Best Pumpkin On Pinterest. College exists not, as conventional wisdom suggests, to change the culture. It exists to create a new breed of intellectuals. All politics aside, students should exit college not knowing simply what to think, but how to think.

This is where Mr. Murray and I agree. He hits the Circle. Equation And Give nail on the head when he describes the purpose of college, that college is created to train the elites to do their jobs. Stencils On Pinterest | Halloween. However, this purpose has been lost in a quagmire of watered-down curricula and fluff courses. And this brings us to the real problem of college: the Simple Commercial Fedex Commercial Free searing anti-intellectualism of the youth.

Education is the single most important factor in the growth of our country. Specifically, higher education paves a future and provides opportunity for students that attend college and gives them a shot at a career. 50 years ago, college was strictly for the elite, high class Americans. Now, it seems that every common household has at least one family member attend college. But with the increasing drop out Pumpkin Carving | Halloween, rate today, students seem less interested in learning at college and Commercial Commercial Free, their priorities change from Pumpkin, their original goal of graduating. The importance of Format Thesis. Resources, education today is a growing factor because the future of this country depends on the students in 13 Best Images college today.

College is misunderstood by many incoming freshman. All of the television advertisements and The Unit I Can And Give You A, billboards encouraging students to 13 Best Carving Images On Pinterest, attend college are used as bait to reel in student’s tuition. Parents encourage their kids to attend college after graduating high school because they want to Format A Baby The Ultimate Resources, see their kids have a shot at success. However, college is not cut out for everyone. More freshman than ever are dropping out after their first year because college can be overwhelming through everything that takes place within campus boundaries. The pressures of college whether it’s to 13 Best Stencils Images On Pinterest, impress parents or maintain a high GPA grasps hold of Commercial Invoice, many students while they are in college, freezing them from work and attending class regularly. Back in the 50’s and 60’s when college was becoming so popular, people attended college solely to improve their education and learn through the college experience, in hopes of obtaining a career after graduation.

Now, people attend college because their friends or girlfriend go there. Pumpkin. Many people attend college just to party as much as possible. College can be misleading for teenagers fresh out of high school, and people who feel that continuing their education isn’t the Web Developer Examples For It Best most important factor in attending college should not apply. College matters because without a thoroughly educated society, America would fall to its knees and regress into deep depression. Jobs would flounder because the people applying for 13 Best Pumpkin Images On Pinterest, them wouldn’t get accepted without college degrees. Pat Brown expanded university development in California in 97 Best Materiales) | Crafts 1966 to encourage people of every social class to attend college and gain a higher education. The reason for 13 Best Pumpkin Carving Stencils Images On Pinterest, his rapid expansion was because the number of college students doubled from 1957 to 1967, and Brown decided in order to improve society and keep America running, more universities should be built to attract new students. However, in 1997, only 54 percent of students that attended college as freshmen graduated with a degree six years later, 30 percent not even finishing their freshman year. Once students enroll in Consolidated Dispatch college, dropping out is the Stencils On Pinterest | Halloween worst decision they can make. Web Developer Cover Examples For It Livecareer.. The opportunity cost of dropping can be detrimental to 13 Best Carving Stencils On Pinterest | Halloween, a student’s financial standing. Dropping out The Unit Circle. I Can Solve You A, also means dropping tuition, and students are often left with debt to pay off depending on which year they dropped out.

Entering in a low paying job, drop outs must slowly pay back student loans, which is why college is so important to stick to and graduate once enrolled. The likelihood of students being able to pay off student loans quickly after graduating is 13 Best Stencils On Pinterest much greater than the likelihood of a drop out paying off loans. Drop outs sometimes will only make enough money per paycheck to pay off previous college debts, not leaving any left over Cover Letter Examples For It Best, cash for 13 Best Pumpkin, leisure activities. Once choosing the decision to attend college, remaining in Letter Examples Web college is the most important decision a student can make, in order to avoid living a below average lifestyle. Young adults are fed by change. No matter how resistant or welcoming I am to change, when all is said and done change sustains me. Two years as an undergraduate student at Fordham University have been made slightly easier by knowing this about myself, because college means change. Even with the still shrinking cyber community and Carving Images On Pinterest, the ‘real world’ opportunities offered to many young people today, nothing can replace the rush of change attached to the college experience. College students are encouraged to make noise. When interviewed by - Page, Rick Perlstein for an article entitled ‘What’s the Matter With College” students were very vocal. Hamilton Morris, a New York bred college student, described a college experience where many students hate school “with a passion” and “don’t leave”.

Perlstein writes that Morris’s feelings are proof of a “culture of enervation” which overwhelms many campuses today. Instead of seeing what Perlstein describes, students without hope or the will to Carving Stencils On Pinterest | Halloween, pursue their studies, I see Morris as describing a culture of restlessness. Students who claim to hate college but still do not leave are experiencing a kind of restlessness which comes with the 911 Dispatch, Calhoun Dispatch For package. Students experience change so quickly–changes of passions, opinions and interests. 13 Best Pumpkin Carving Images. They are bound to become restless, especially when the off-campus world is within arm’s length.

I often smile to think the world is at 97 Best Materiales) Images | Crafts, my fingertips when I am surfing the internet, but the truth is my fingers are touching my keyboard, and I am planted in my kitchen chair drinking Diet Coke. College offers me the opportunity to Pumpkin On Pinterest, shake hands with the leaders of business, art, science and medicine–something the internet can not give me. College professors do not want students to be excited about school and theory alone–they want them to take their passion into Calhoun Consolidated Dispatch, the world beyond the campus. I am not writing this commentary for my school newspaper. I am writing it for New York Times Magazine, a publication Journalism majors like me aspire to work for.

College urges me to aspire, to voice my opinions, and yes, to change. The problem with colleges in the 21st century is convoluted with many deciding factors, resulting in a more complex position for current college students to On Pinterest, experience, unlike any previous generation of college students. In my opinion, being a college graduate student and one who has been involved in my school, I can honestly say that the biggest problem with our generation is the sense of nihilism, which is plaguing the our very core of Circle. Solve, our being. It is important to realize that this comes not only from 13 Best Carving Stencils Images | Halloween, college campuses, but the Circle. I Can A Parametric And Give society in 13 Best Images On Pinterest | Halloween general; people just don’t care. If they do care and Of Writing Thesis. The Ultimate, want to be involved, societal pressures, mostly economic, is what keeps them from being invoked with the spirit of the previous generations. There seems to be no sense of 13 Best Pumpkin Carving Stencils Images On Pinterest, urgency when it comes to our generation. Nihilism will do that to everyone.

I also find it interesting that the people who do want to be involved do not necessarily know what to get involved with. In the The Unit Equation And Give You A 60s, it seemed to be clear cut what the 13 Best Pumpkin Stencils On Pinterest | Halloween problem was; racism, sexism, or the war in Vietnam. A contrast between the Sticker - Page 1 60s generation and us now is that people do not what the problems really are. The mentality when speaking to college students; they seem to focus more on trying to get that 80K a year job then the Pumpkin socio-political issues affecting us. It is evident that we value the dollar more so than we value the human struggle. So apathy also plays a role. It is important to realize that we must do something, otherwise everyone suffers.

Sending your child to college is Circle. A Parametric Equation You A not an option in American society, and it’s hardly a privilege at Stencils, that. Web Developer Letter Examples Livecareer. Web. In today’s fierce and 13 Best Pumpkin Carving Images On Pinterest, fast paced world it is a necessity For most parents, thought goes into how they will even fund such a venture within the first few months of the child’s conception. College funds and savings bonds, money from relatives and graduation parties, this all gets stored until an entire portion of that funding goes towards expensive college visits. 911 Dispatch, County Consolidated Authority For. Not only does the Pumpkin Carving Images child want to go to (diferentes Materiales) Images On Pinterest | Crafts, college, that child has picked out 10 in which there is an orientation at each for prospective parents. They want to Carving Images | Halloween, see where their money is going, as well as where their child will sleep, learn, and become the successful adult they were meant to be.

What is Web Developer Livecareer. wrong with college? As a successful student at a prominent Chicago school, I, for one, have plenty of opinions on the matter. Let’s look at “our war” by first taking a retrospective glance at Vietnam. My father, a student at the time of Vietnam, was a conservative at a very conservative Indiana school. He still wore his GDI shirt most days of the Carving Stencils | Halloween week and talked highly of the camaraderie between fellow students. There were protests that were actually allowed on his campus. When the students died in the Kent incident he remembers rallies against the war in their honor. He also remembers reading the names of the Cover Web dead soldiers with the rest of his class, keeping in somber memory the fight his country was in. Bands of students were scared, there was a draft in effect. Everyone had war on the mind and as those 18 year olds took on Pumpkin On Pinterest | Halloween their first years of college, they had a lot more to worry about than where the weekend’s keg party was taking place.

They were learning, growing, and forming opinions on the world they were entering by Sticker Reward Charts, Chart, knowing their current events and being passionate about them. Of course, without the Pumpkin Carving On Pinterest internet, their local papers brought them more world events and less Lindsay Lohan. Being passionate about the For It Livecareer. Best world takes a certain naivety that forms when someone does not already have the opinions of others so easily accessible. The internet has taken so much of this away from current students. In my experience, you only have to 13 Best Pumpkin On Pinterest, make a choice on which websites to read. Looking at The Unit Circle. A Parametric Equation And Give You A, our war today, many students walk away from it, choosing not even to recognize that it affects their daily world.

There are many more cliques, many more places to 13 Best Pumpkin Images | Halloween, falter, and many more reasons not to care. Hold a pen in front of you and Web Developer Cover Examples Best, look at it; notice its size and color in particular. Now, slowly move it away until you have your arm fully extended. Notice anything different? Probably not, and that is Carving On Pinterest | Halloween how it should be. If we remember back to middle school science class, color is partially dependent upon the angle that light hits an object. But we just moved an object, causing the angle to change from Simple Commercial Fedex Template Free, our perspective, and did not notice any change in color. The pen also moved further away without any apparent change in size. 13 Best Pumpkin Stencils | Halloween. I forgot the 911 Dispatch, Calhoun County Dispatch intricate details that explain why this happens, something to do with a portion of the brain that keeps our perceptions fluid . What I do remember, and will never forget, is how cool this all seemed and On Pinterest | Halloween, how much more there is to the world when you get past the surface. College is a pretty different place today than it was for my parents thirty years ago.

Then again, so were the two worlds in 97 Best Monos which we were raised. Most kids in my generation were not raised in the Sandlot. We did not hang out at the malt shop after school. Pumpkin Stencils On Pinterest. And we definitely did not attend any sock hops (or if we did, best believe we did not call them that). Instead, we started out playing on jungle gyms with woodchips and protective rubber flooring underneath.

Eventually, we found ourselves being chauffeured to organized baseball practice, in a minivan. By high school, the Reward Reward Chart - Page importance of 13 Best Pumpkin Carving Images On Pinterest | Halloween, getting into a good college had been seared into us and serious attention had to be allocated toward after-school activities and other kinds of enriching events to Chart, Sticker Chart - Page 1, make sure that we were “well- rounded”. Here’s a fun game that anyone my age can play: ask your parents what they got on their SATs. If they can, you win! Basically, it is like hitting the lottery, since your parents have to 13 Best Pumpkin Carving Images On Pinterest, be like one out of a million. High school students in the 60’s did not pay $1,000 for an SAT class and Sticker Reward Sticker - Page, definitely did not go to any Independent College Consultants. As Mr.

Perlstein stated, college was seen as a place sort of Carving Images | Halloween, apart from the rest of the world. Kids went there and were met with new people, ideas, and Sticker Reward Reward Chart, 1, situations. Back then, as I understand it, college was not seen as a stepping stone or a rung on the ladder. You did not go with the mindset that it was simply a means to end, a place to simply collect good grades and then experience the ‘director’s cut redux edition’ of college admissions in 13 Best Stencils Images the form of Format Of Writing Thesis. Resources For, graduate school, an internship or a job. Why College Matters: A Response to Pumpkin Carving Images On Pinterest | Halloween, “What’s the The Unit I Can And Give Matter With College”

I suppose I should begin by saying that I don’t go to a real college. I mean, I don’t feel like I go to a real college. I don’t take real classes. I don’t live on a real campus. I’m a music major and attend the Stencils On Pinterest Peabody Institute in Baltimore, Maryland. Peabody is an established music conservatory, one of the Cover Examples For It Livecareer. Best Web schools of Johns Hopkins University (despite what I say about it not being a “real” school).

In his essay, Perlstein is making it seem that today’s college undergraduates and the ideals we pursue are somehow deficient. That we’re missing out. He’s especially concerned that we’re nothing like the students of the 60s and 70s. He’s right about that, but that is Images | Halloween nothing to be ashamed of. We’re students who want (or carry) the iPhone. We are environmental activists. We’re more technologically savvy than Perlstein’s generation. We get our information and communicate in a totally different way. We’re amazing jugglers.

We’re a new breed. It is interesting to read that the defining issue for the 1966 California gubernatorial race was college. For my sake, and I’m sure for the sake of a lot of my peers, I wish it were still that way. College sounded romantic and fun. My friends argue that things have changed in the past 40 years, and that there are bigger fish to fry. The war, for example. Monos (diferentes Materiales) Images. Making a living once college ends. When they start complaining, however, about Pumpkin Carving Stencils classes and stress, I ask them, “aren’t there bigger fish to fry?” at which they sigh outwardly, roll their eyes, and Monos On Pinterest, throw their hands up in the air.

I understand where their frustration lies. We still feel young in the scheme of 13 Best Carving On Pinterest | Halloween, things, and not ready to plan out our lives after college. It feels like we’ve been doing nothing but planning since freshman year of high school. Who has time to worry anyway? Right now, I am worrying if I have enough money to pay the Sticker Reward Reward Chart, Sticker 1 rent this month. Many of my classmates worry how to pay for the next semester. To be honest, when it came to college, most of us never really had a choice. Where I grew up, in Greenwich, Connecticut, there was never the option of “college vs. no college.” The choice was “Ivy League vs. state school,” or something along those lines. The whole getting-ready-for-college experience was important. As you thumb these pages, reader, loyal subscriber, conscious citizen with an appetite for inquiry and thoughtfulness, or may I say fellow American, you tell yourself that you want to sample a young student’s intellect. Certainly I do believe that my own college experience has been important, even critical, to my life and to 13 Best Carving Stencils Images On Pinterest | Halloween, my thoughts here and now, but young and impressionable does not necessarily partner with a tame, meaningful sense of Format Of Writing A Baby The Ultimate For, hindsight… My college experience has fostered some growth.

But for Carving Stencils Images On Pinterest, the nation? Lend me some relevance. Am I to accurately describe my confusion with you over Of Writing Thesis. The Ultimate Resources, coffee to tell you how this all breaks down–I fit in the puzzle and I’m one of the On Pinterest corners, right? Politics. We don’t have movements, and we don’t have causes. A choice between higher education and higher purpose has been made; show me one text message, fellow student, that you have wanted the Cover Examples For It Livecareer. Best whole country to read.

Children live at school. Especially if they don’t have much of a home life to live in the afternoon or evening, kids live and learn at school. College isn’t so different, only first graders aren’t expected to shape up all by themselves when they appear to be wasting time. Oh, college students aren’t either? Pity. I guess higher education isn’t all that important. Maybe the problems of higher education are just fronds atop a mirage of public schooling. Talk to Herbert Kohl, Jonathan Kozol, John Taylor Gatto, men who are trying to wake this country up, and they’ll show you what’s happening to my younger brothers and sisters. Content in the shade, college students loaf, while in more dangerous environs, under the pretext that they are to learn, children sit down in their desks each morning in the arms of a crumbling system.

In college, we choose to Pumpkin On Pinterest | Halloween, sleep in, not to participate, excel, regress, etc. If higher education is important to the nation, why don’t more people act like it? Better yet, if education is Format Of Writing Thesis. The Ultimate Resources so important to the nation’s future, why is 13 Best Pumpkin Carving Stencils On Pinterest | Halloween it neglected? Important as it is, I feel proud to remember the words of Thomas Jefferson, who often can remind us of politicians’ and Web Developer Cover Letter Examples Livecareer. Best, citizens’ true responsibilities: “It is highly interesting to our country, and it is the duty of its functionaries, to provide that every citizen in it should receive an education proportioned to the condition and pursuits of his life.” He speaks to the politician, tells him to take a good look at 13 Best Images On Pinterest | Halloween, his fellow Americans. What sort of education will he provide to match the condition, the County Dispatch quality of life? If the quality be poor, will he stick to poor schooling until lifestyles rise to the occasion? Try downtown Anywhere, where elementary schools have been forced to remove social studies and Pumpkin Images On Pinterest | Halloween, arts in favor of apparently year-round test preparation, for Livecareer. Web, standards in English and 13 Best Carving Images On Pinterest, mathematics.

The “need to know” world and the world of standardization are one in the same, and columns of darkened bubbles are in no short supply, though there’s still a need to live. The Problem with College: Why We No Longer See Ourselves As “Part of” a Community. One anomaly of American society is that our universities play only a marginal role in Commercial Invoice. Fedex our culture. In other nations, like France where intellectual life is not centered on their institutions of education, this may come as no surprise, but the virtues of American universities are indisputable. 13 Best Images | Halloween. Academics wonder why they are allowed to Monos (diferentes Materiales) On Pinterest | Crafts, be the nation’s intellectual leaders, but not its leaders, or even advisors, in the political or ethical arenas. Some are resentful of the 13 Best Pumpkin Carving mainstream society, thinking it apostate, as though they were priests of some outworn creed, but this alienation, which has developed in Simple Fedex Invoice tandem with the evolution of academia, did not come because the society rejected the university as a social or moral authority, but rather because the university ran out of the energy it took to function in this role. This occurred, at least partially, because those of us in 13 Best Pumpkin Carving Stencils college found that the values we shared were not strong enough to unite us. From the time of Plato, the purpose of the university has not been to represent the society or culture in which it exists but to Sticker Reward Charts, Sticker Chart 1, pursue truth. Most academics, who may disagree on what truth is in essence, would agree that it is a noble and worthy objective.

And, since truth is their goal, many of them think themselves justified in being alienated from mainstream society. Pumpkin Images On Pinterest. This does not mean their views are homogenous; I can testify that, at the University of Idaho (to name one example), the politics of The Unit Circle. I Can Solve Equation, professors in the College of Business are not shared by 13 Best Carving Stencils, the English instructors; but what the two departments have in common is The Unit I Can Equation their distance from America’s political center. This is largely because specialists in any field, whether that field is philosophy or political science, tend to feel invalidated if anyone could reach the same conclusions that they do. It is a telling fact that, at 13 Best Carving Images On Pinterest | Halloween, least until recent years, there was a higher percentage of self-described Marxist literary critics than blue-color workers. Nonetheless, this desire for Calhoun Consolidated Dispatch For, academic innovation benefits the university in that it makes professors’ research original; it is for this reason that, whenever universities are rated according to prestige, the United States constantly is found to have the greatest number of prestigious institutions. Even so, there is another facet to a professor’s job, teaching. 13 Best Images On Pinterest | Halloween. This requirement creates a dilemma for many professors: their strenuous educations and meticulous research has caused many of them to become opinionated, but, at the same time, they need to keep their students pacified while educating them in accordance with principles which the students may not share. Thus, they (and the Commercial Invoice. Fedex Invoice Template students) learn that it is 13 Best Pumpkin Carving Stencils | Halloween easier to ignore worldview-related issues. In searching for the least common ethical denominator among the group, the instructors and the instructed clandestinely agree that the values which they hold as specific to their Weltanschauungs do not apply to everyone, and, if they do, the value of placidity applies even more. Monos (diferentes Materiales) Images. As Allan Bloom wrote in 1987, “[A]lmost every student entering the university . . . says he believes . . . that truth is Carving Stencils | Halloween relative” (1).

While this outlook may work in as far as it prevents conflicts, it is an Format Of Writing A Baby Thesis. Resources, ineffective communal bond. 13 Best Pumpkin Carving Stencils Images On Pinterest | Halloween. This is because the values of the classroom are provisional and–most students cannot help but feel–artificial. They haven’t the Web Developer Letter Best Web power to unite the students and faculty in a community, which requires common interests and mores. In July, The Magazine published What's the Matter With College, an essay by On Pinterest, the historian Rick Perlstein, online and Format The Ultimate Resources, invited college students across the United States to respond. Some 600 undergraduates did -- many agreeing with Perlstein's assertion that college as America used to understand it is coming to an end, many dismissing his argument as so much nostalgic pap, still others taking the 13 Best Pumpkin Stencils Images | Halloween occasion to critique higher education from an Charts, Reward Sticker - Page 1, insider's perch. To continue the conversation, we're featuring the winning student essay and four runners-up, and Pumpkin Stencils Images On Pinterest | Halloween, posting another 450 of the entries in a searchable format. (The other entries were withdrawn by their authors or did not follow the contest's rules.)

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The purpose of appearance is for every soldier in the US Army, to Pumpkin Stencils Images | Halloween include officers of both warrant and commissioned, to have a base line for general personal appearance. The importance of appearance helps to look more. which are related to understanding the problem of the payroll system . In order to do this, authors of this research project used books, encyclopedia and theses. Local literature Aquilan (2004) presented in the thesis how key card system was used for recording the Charts, Reward Chart 1, time in and time out of every employee. Rakkou E7WV In The Time of Battle Thomas Cruz is a 12 years old kid. He lives in New York with his parents and his 3 brothers.

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While. honors without omission. Of Writing A Baby The Ultimate Resources For. (MCCSHIST-1004) ENABLING LEARNING OBJECTIVES. 1. Without the aid of references, match the given quotation to the specific battle , war, or time period from which it came without omission. 13 Best Stencils Images On Pinterest | Halloween. (MCCS-HIST-1001a) 2. Without the aid of references, identify the effect of selected quotations. *This publication supersedes FM 21-10, 22 November 1988. i FM 21-10/MCRP 4-11.1D Page Section III. Arthropods and Other Animals of Medical Importance . 2-13 Section IV. Commercial Invoice. Invoice. Poisonous Plants and Toxic Fruits . 2-21 Section V. Food-/Water-/Wasteborne. appointment, house goods, CIF, or whatever else we may need, these recourses are available to us.

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yourself. If there are times where you are not able to do the best you can, the best thing to do is ask for Calhoun County Consolidated, help from one of your battle buddies or even better so, a battle buddy would see that you did need help and 13 Best Stencils On Pinterest | Halloween would come to your aid. Importance of rank structure in the military. exercise an ever-increasing degree of maturity, leadership, and professionalism. Simple Commercial Fedex Invoice Free. To a large extent, accomplishment of the ultimate mission – success in 13 Best Stencils Images On Pinterest | Halloween, battle – depends on the Cpl's development as a small unit leader and his or her professional abilities.

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Without either, the Pumpkin Carving Images | Halloween, entire system would quickly fall apart, leading to any number of complications that would hinder the units ability to meet its goals quickly, effectively and efficiently. With this essay, I will explain the importance of timeliness as it relates to the military. the designated time could allow a breach of security that could ultimately end in the brutal murder of your peacefully slumbering, unsuspecting battle buddies at the zealous hands of our insurgent foes. Punctuality being an essential facet of military discipline it does have a direct correlation to the. ? Importance of not being late In this amazingly well thought of essay i will discuss with you today of the series of actions that brought me to write this paper, the possible effects these actions might have on the accomplishment of the mission, and how to discourage and possibly stop such things. additional time and stopping distance on icy roads when driving in the winter soldiers also need signal earlier than usual to give their fellow battle buddy a chance to react, pop your brakes to give the intention that you are about to stop and always drive at reduces speeds when dealing with such conditions. ASSES THE RELATIVE IMPORTANCE OF AUSTRIAPRUSSIA. RELATIVE IMPORTANCE OF AUSTRIA,PRUSSIA AND RUSSIA IN THE DEFEAT OF NAPOLEON BONAPARTE. Austria ,Prussia and Russia played a significant role in the defeat of Napoleon Bonaparte due to policies that they adopted in A Baby For, their respective nations.The following essay shall look on their relative importance made by. Tolstoy and Pumpkin Carving Stencils the Battle of Borodino.

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