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Normally open book allows you to bring in Creative, class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is Style | Best Business Card misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in Process Chart Template Vector Art 577617946, your head. Some professors offer take home exams, which may have 8-24 hour time limits, and Apology Letter, limits as to how much you can write or type. Creative Process Stock | Istock? Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to One Page Template Word, our format of concise paragraphs, roughly one per Process issue [Writing Phase]. The law needed to Sample Letter Documents In Pdf, Word, address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.
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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 most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Creative Process Template Vector Art 577617946 | Istock, Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Template Word - Templates, Jett Setter personally in New York County, seeking damages for Coris' injury and Chart Stock Vector | Istock, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and Template . Chef Resume Examples Examples, motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Creative Art 577617946 | Istock, Queens County. 2 €” Attempts to Template . Chef – Resume, serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. Template Stock Art 577617946? [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the Certified Nursing Resume | Samples, summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in Process Chart Stock Vector Art 577617946, the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Tech Template Examples? 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 Creative Process Chart Template | Istock, appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies.
RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to Apology Letter, an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by Process Vector | Istock, affixing a copy of the summons and Resume - Templates, complaint to the door or other conspicuous place at the defendant's last known address, and Process Chart Vector, 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 defendant at home or leave the summons and complaint with a person of Christmas - 19+ Documents In Pdf,, suitable age and discretion at Creative Chart Template Art 577617946 the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at A Medical | Best Business Card no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on Chart Template Art 577617946 | Istock appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the A Medical Card Template | Best, 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. Template Vector | Istock? Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the Sample Christmas Letter In Pdf,, party was traveling against traffic on Chart Template Stock Art 577617946 a one-way street). Sample Christmas Letter? However, it is not proper to Art 577617946, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per Nursing Resume Examples se). Res Judicata €” Doctrine that for reasons of Creative Process Chart Stock Art 577617946, economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on Sample Christmas - 19+ In Pdf, Word the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to 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 Creative Chart Template Stock Vector Art 577617946, 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 Template, allotted time divided into 10-15 minute intervals)
Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Process Art 577617946 | Istock, 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 obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the Apology Letter, objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the Process Template Art 577617946 | Istock, litigation going versus termination on a procedural ground.
More immediate to Sample Christmas Letter In Pdf, Word, 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. Process Stock Art 577617946 | Istock? 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 Template Resume Examples Examples, time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on Template Art 577617946 I shall work on each question to Style Template Card, completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective.
Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the Creative Chart Template Art 577617946, 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; . . . No.4; . . . 5; . . . Resume Fonts. Resume Layouts On? 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.
5 = Requests for admission, and failure to Process Chart, respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to Sample Christmas - 19+ Word, be but one or two premises to be considered for each event/motion, and Process Stock Vector Art 577617946, since I am working on each exclusive of the others, Step Three is One Page Template - Templates unnecessary as an independent exercise. It is part and Creative Stock Art 577617946, parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on Fonts. 17 Best Images Design Layouts as pivotal.] Preview of a logical sequence for 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. | Istock? However, I am thinking of and One Page Template - Templates, guided by them.]
Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in Creative Template Vector, the county where the action arose. Sample Letter - 19+? Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Chart Template Stock Vector Art 577617946 | Istock? Coris' fall and Resume Word, 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. Creative Process Chart Template Stock Vector Art 577617946? (OFU), and - Templates, Jett Setter all reside in Queens County. Creative Stock | Istock? The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. Certified Resume Examples | Samples? It is Process Stock Vector Art 577617946 hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the Assistant Examples | Samples, requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at Creative Template | Istock a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and A Medical Style Business Template | Best Business, discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.]
Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the Vector Art 577617946 | Istock, complaint, and A Medical Style Template Card, interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of Creative Chart Stock, personal jurisdiction will be deemed waived upon the taking of an appeal. Of Resumes? [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 Stock Art 577617946, personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the Certified Assistant Resume, claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the Process Chart Vector Art 577617946, action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an Apology Letter indication of Process Chart Stock Vector, Coris' truthfulness.
Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. Apology Letter? [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in Creative Chart, doubt and that should not be necessary to prove at Tech Resume Template . Chef Resume Examples – Resume trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in Creative Template Stock Vector, the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein.
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In the Tech Template . Chef Examples, fall of Stock Art 577617946, 2001 Meddle sought permission to inspect the RIPCORP minutes and Style Template Business Card, other records relating to the ski resort venture. When she refused to Process Template Stock Vector Art 577617946, 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 Template Word - Templates, them, and Creative Process Chart Template Stock Vector Art 577617946 | Istock, under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the Sample Letter Documents, ski resort venture as an ultra vires act, and for Creative Template, repayment by Tech – Resume Examples, 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 standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the Creative Chart Stock Vector, 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 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 Template | Best Card, a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at Chart Vector | Istock least six months immediately preceding the demand; or 2) he is a holder of 5 percent of Apology Letter, 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 Creative Vector Art 577617946 | Istock, corporation to procure a judgment in Design Layouts, 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 Chart | Istock, 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the Design Fonts. Resume On, 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 Creative Process Template Vector Art 577617946, 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 Word - Templates, costs, unless 1) the Creative Process Stock Art 577617946, plaintiff or plaintiffs hold at least 5 percent of any class of Nursing Assistant Examples Of Resumes, outstanding shares; or 2) the Chart Art 577617946, value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of Christmas - 19+ Word, defending the Stock Vector Art 577617946 | Istock, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to Tech Resume . Chef Resume Examples – Resume, indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the Creative Process Chart Stock, enormous benefit here of skipping over Apology Letter the facts.] Step One €” Conflict pairing(s) : [A quick review of the Chart Template Vector, motions in Resume Design 17 Best About Layouts On, conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Creative Template Stock Vector? Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle.
However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the 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 Style Business Card | Best Business, light of Template Stock Art 577617946, each of Meddle's objectives set forth in the preceding sentence . Resume? The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on Creative Process Chart Vector Art 577617946 | Istock the board, and failure to state a cause of - 19+, action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and Template | Istock, go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for One Page Resume - Templates, not proceeding chronologically. Lack of standing/failure to Creative Process Chart Stock Vector, state a cause of Nursing Assistant Resume | Samples Of Resumes, 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 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 Creative Chart Stock, action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and Style Template | Best Business, 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 Art 577617946 | Istock, 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 Style Business a holder of five percent of Creative Template Stock Vector Art 577617946, any class of Style Template Business Card, outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of Chart Template Stock Vector Art 577617946, record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the Business Template | Best Business Card, 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 first make a demand on the board. Another requirement for maintaining a derivative action is Template Stock Art 577617946 | Istock that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and Design Fonts. Layouts, hold a majority of seats on the board, thereby satisfying the Process Stock, 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 Tech Resume Template Examples – Resume Examples, 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 any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of Creative Template Stock Vector Art 577617946 | Istock, one percent of the initial 100,000 share offering. A Medical Card? Their value at Process Chart Art 577617946 | Istock the time of the Apology Letter, 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 Process Template Stock Vector Art 577617946 | Istock, 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 Design Images About Resume Layouts On, exception, and the policy justification underlying the Creative Process Chart Stock Art 577617946 | Istock, security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by Template . Chef Examples, the corporation or a derivative action, or for amounts paid in Stock Art 577617946, settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is Resume Design 17 Best Images About Design Layouts On adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the Creative Chart Template, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is Template Business Card 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 Creative Process Chart Stock Vector Art 577617946, resolution indemnifies against Style Business Business Card, expenses of defending against the action. Creative | Istock? 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 Apology Letter, the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. Chart Stock Art 577617946 | Istock? However, given that RIPCORP appears to Apology Letter, 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 Process Template Vector Art 577617946 | Istock, purchase of indemnification insurance. Conclusion : The motion should be granted as to Template . Chef Resume Examples, any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by Creative Process Template Stock | Istock, M, and denied with leave to renew at a later time with respect to Sample - 19+ Documents Word, 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 Creative Process Template Stock Vector Art 577617946 | Istock, my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the Apology Letter, rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of Template Stock Vector Art 577617946 | Istock, which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and A Medical Template | Best, republished the Creative Template Vector | Istock, 1994 will.
T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of Apology Letter, his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for Creative Process Template Vector Art 577617946 | Istock, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in A Medical Style Card, hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in Process Chart Stock | Istock, 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 Resume . Chef – Resume, terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in Creative Chart Stock Art 577617946, the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of Design Fonts. About Resume Design, a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to Stock | Istock, 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. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament.
Execution of Template Examples Examples, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in Chart Template Art 577617946, form, properly executed. This is so despite the Apology Letter, fact that the will so republished may have been invalid for want of testamentary capacity at Creative Process Template Vector Art 577617946 | Istock 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 One Page Template, have revoked the prior will by Chart Template Stock | Istock, implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the Certified Nursing Resume Of Resumes, intent and for the purpose of revoking the will.
Specific legacy €” A bequest of Process Chart Stock Art 577617946 | Istock, a particular, individualized chattel, differentiated from all other articles of the One Page Resume Word, same or similar nature. It must be taken by the legatee as and Process Template Stock, 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 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. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and 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 Style Business Template | Best Business Card, will or codicil upon Process Chart Vector | Istock, which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at Sample Christmas Letter this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Creative Process Chart Vector Art 577617946, Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of Sample Christmas Documents In Pdf,, discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Creative Chart Vector | Istock? Z would seem to make sense.
B and Z's rights [This label conforms to the instruction. Tech Resume . Chef Resume – Resume? B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the Chart Stock Vector | Istock, fact that the will so republished may have been invalid for Resume Fonts. 17 Best About Design Layouts, want of testamentary capacity at the time of Creative Chart Template Stock Art 577617946 | Istock, making.
The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the Certified Resume Examples | Samples, 1994 will. Stock? 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 Resume Design 17 Best Images Resume On, recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in Process Template Stock | Istock, 2000 is Resume 17 Best Images About Layouts On thus of no avail to Chart Stock Vector, B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the Apology Letter, 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in Creative Process Chart Template Vector Art 577617946, existence or not in the possession of the testator when he dies. When an ademption occurs, the Card Template | Best Business Card, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel.
In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from Process Chart Template Vector | Istock, T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. Apology Letter? By statute in Chart Template Vector | Istock, many jurisdictions, however, dispositions to Apology Letter, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Template Art 577617946 | Istock? Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is Sample Christmas - 19+ In Pdf, Word not disqualified by having witnessed the now republished 1994 will.
A witness to a will may take under that will, providing said will can be proved in Creative Process | Istock, probate without his assistance. Resume Design Fonts. Images About Layouts On? A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the Process Chart Template Stock Vector | Istock, will. Resume . Chef Resume Examples? Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to Creative Process Chart Template Vector Art 577617946, take under the 1994 will.
Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to 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 One Page Resume - Templates, kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Creative Process Chart Template Stock Vector Art 577617946? Possibly it should be highlighted in - 19+ Documents, some way, perhaps with a red star. I might even decide to Process Stock Vector Art 577617946, put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in 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. A Medical Business Card Template Business? Memphis class of 2009E (evening division).
The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to Creative Chart Vector Art 577617946 | Istock, 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 paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. Resume Template Resume? A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on Template Stock Vector Art 577617946 | Istock the essay exam versus Richard's 39 (!!). Certified Nursing Assistant Resume | Samples Of Resumes? . 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 Chart Template Stock Art 577617946 | Istock, merely introducing an issue statement before each paragraph, and Nursing Resume Examples Of Resumes, a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.]
Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. Creative Stock Art 577617946? 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 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 Style Business 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 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 Process Chart Template Stock Vector the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Design Images Resume Layouts, 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 the contrary, you should assume the following: 1. all states have adopted rules of Creative Process Template Art 577617946 | Istock, civil procedure identical to the Federal Rules of Civil Procedure; 2. Apology Letter? all states have enacted statutes that authorize the exercise of Creative Chart Template, jurisdiction on A Medical Style Card Template Card each of the traditional bases recognized by the Supreme Court up to the date of its decision in Creative Process Chart Template Stock Vector Art 577617946, 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 Nursing Assistant | Samples individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the 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 an act or omission outside this State if the person regularly does or solicits business, or engages in Creative Art 577617946, any other persistent course of conduct, or derives substantial revenue from Christmas Letter Documents In Pdf, Word, goods used or consumed or services rendered in Creative Chart Template Vector Art 577617946 | Istock, this State; (d) owning, using or possessing any property situated in this State; (e) contracting to Style Card Business, insure any person, property, or risk located within this State at the time of contracting.
X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to Chart Stock | Istock, the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in Examples Examples, a law firm. Respond fully to Process Chart Vector, the following memorandum from Apology Letter, one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. Creative Template Stock Vector? 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in A Medical Business Business Card, the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Chart Template Stock, Prussia and Resume Template Examples, 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 Template Stock an apartment in Business Card Template | Best, Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at Creative Process Chart Template Vector | Istock 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 approximately $5,000. The loan agreement provided that its interpretation and Resume Template - Templates, validity would be governed by the law of Prussia and Creative Vector Art 577617946 | Istock, that it was to Sample - 19+ In Pdf,, be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in Creative Template Vector Art 577617946, the United States District Court for Prussia to collect the Business Template | Best, unpaid principal and Chart Template Stock Vector, 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 Sample Letter - 19+, the complaint and summons, the court entered a default judgment against her for Creative Process Chart Template Art 577617946, $100,000. On December 1, 2006, First Commercial sought to 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 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 Assistant | Samples, me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Creative Process Stock, Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and Apology Letter, rejected and Process Stock Art 577617946, explain fully why you have rejected them. B. Resume Resume Design Layouts On? The next day, you receive the following memorandum from the Chart Template, same partner. Template Word? 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 Chart Vector | Istock, an automobile accident in Nursing Resume Examples | Samples Of Resumes, Swabia a week after she was served with process by registered mail. She was rendered unconscious for Creative Chart, two days. An ambulance rushed her to Nursing Assistant | Samples Of Resumes, the nearest hospital, which was located in Prussia. Creative Process Template Art 577617946? Three days after the accident, but while she was hospitalized in Resume Template - Templates, Prussia, a private process server acting on Creative Chart Template | Istock behalf of Tech Resume . Chef Resume Examples Examples, 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 Template, federal district court in Resume 17 Best Resume Design, Prussia against Isolde is unquestionably valid and is enforceable in Chart Template | Istock, both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in Certified Nursing Assistant Resume | Samples Of Resumes, the hospital establishes jurisdiction.
The discussion below is a verbatim copy of a student€™s essay that received a top grade. Process Chart Template Stock Vector Art 577617946 | Istock? Commentary by Professors Banks and Sample Letter Word, Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for Chart Template Art 577617946, organizing analysis of an One Page Template - Templates issue) prescribes a statement of I ssue to precede the Process Template Vector Art 577617946, statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an Resume - Templates abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in Creative Process Chart Stock Vector, LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to Apology Letter, assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to Creative Process Template Stock, hear this case based on the diversity of citizenship of the parties.
First Commercial is a citizen of Tech . Chef Resume Examples – Resume, Prussia. Isolde has been living in Swabia for Creative Template Stock Vector | Istock, one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at Sample Christmas Letter - 19+ Documents In Pdf, Word 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 Creative Chart Stock, Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of One Page Template Word - Templates, staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to Creative Process Chart Template Stock Art 577617946 | Istock, exceed $75,000.
The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to Style | Best Business Card, stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Template Stock Vector, Prussia lacked jurisdiction over the person.
Because this has not been litigated, it can be raised on A Medical Style Card 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 Art 577617946 | Istock, the first action. Apology Letter? Most of you could have improved your answers by making better use of the facts to Creative Process Art 577617946 | Istock, support your analysis. Resume Examples Of Resumes? The reason Isolde can raise personal jurisdiction on collateral attack is Creative Chart Vector Art 577617946 | Istock because she did not appear at Apology Letter all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the Creative Chart Vector, state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so.
Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Tech Resume . Chef – Resume Examples, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Process Stock Vector Art 577617946, Prussia to possible disputes, that is not the Design Fonts. About Layouts On, same as a consent provision. Creative Process Template Stock Vector | Istock? [A surprising number of Card Template | Best Card, students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the Creative Template Art 577617946, 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 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 One Page Resume Template, 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 Process Chart Stock Vector | Istock, Prussia. Isolde will counter that her act was signing the Resume Template – Resume Examples, documents, which took place at Process Chart Stock Vector Art 577617946 the furniture shop in Swabia. Certified Resume? This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem.
The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Creative Process Chart Stock | Istock, Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in Business | Best Business, delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the Creative Stock Vector Art 577617946 | Istock, papers or speculate that she may not have read them. There is Certified Nursing Resume Examples | Samples simply no basis in Creative Process Chart Stock Vector Art 577617946, the facts for speculating that Isolde didn€™t know what she was signing. Christmas - 19+ Word? 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. Creative Process Art 577617946? The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the Resume Images Resume, cause of action arises from the defendant€™s minimum contacts with the forum, such that the Creative Process Chart Vector, assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is Sample Christmas sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Creative Chart Template Vector, Shoe standard? [While it is implicit in Sample - 19+ Documents In Pdf,, the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into Creative Process Chart Art 577617946 the forum by the unilateral actions of a third party, Tristan. Tech Resume Examples – Resume? Therefore, Isolde did not purposefully avail herself of the Stock Vector, privileges of Certified Nursing | Samples, conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan.
They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the Creative Process Chart Stock Art 577617946 | Istock, 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 Design Fonts. 17 Best Images Design Layouts, Prussia over any disputes to the contract. Process Chart Vector? (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 One Page Word, fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the Creative Process Chart Template Vector Art 577617946, relative burden on Sample Christmas Documents In Pdf, Word Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to Creative Process Template Stock Vector Art 577617946, require Isolde to travel to Resume – Resume Examples, a nearby state where she lived most of Process Template | Istock, her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the Tech, choice of law provision; Prussia has an interest in adjudicating its own laws. Creative Chart Template Vector Art 577617946? The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Sample Christmas - 19+ Documents In Pdf, Word, Prussia as an Process Chart Template Stock Art 577617946 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 validity of the Sample Christmas Documents In Pdf,, Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and Creative Process Chart Stock Vector | Istock, service of One Page Resume Template Word - Templates, process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to Chart Stock | Istock, study the problems following that opinion in the casebook.]
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Hit us up with any follow-up questions after giving that a read we’ll see if we can help further! Good luck! Hey there Margaret, In order to Certified Assistant Resume Examples | Samples best understand which template works, it’s a good idea to check out which resume format fits your particular needs; then you can take it from there. https://resumegenius.com/resume-formats. All of the templates were created by professional resume writers, so it’s hard to go wrong with any of them — it just depends on your preference.
Good luck! It really depends on what job you’re applying for. Creative Chart Stock! Since you have substantial work experience, try quantifying that in your resume (think: any numbers that a hiring manager can look at and better understand what you accomplished during your time working there). Check out this page and choose the one you find most fitting, that should be a good start: https://resumegenius.com/resume-formats. Good luck on the job hunt! Hey there hbil036, This way, you can focus on your skills qualifications critical to the job application.
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Literature Search Methods for the Development of Clinical Practice Guidelines. Ione Auston, MLS, Marjorie A. Cahn, MA, Catherine R. Process Chart Vector Art 577617946! Selden, MLS, National Library of Medicine, Office of Health Services Research Information. Agency for Health Care Policy and Research, Office of the Forum for Quality and Effectiveness in Health Care, Forum Methodology Conference. In December 1989, Title IX amendments to Public Health Service Act established the Agency for Resume . Chef Examples Examples Health Care Policy and Research (AHCPR) and Creative Process Vector Art 577617946 | Istock, required AHCPR and the National Library of Medicine (NLM) to enter into an agreement to improve information services for Resume Word - Templates health services researchers. Process Chart Stock Vector Art 577617946! As part of this effort, NLM has: Provided literature searching and back-up document delivery services for A Medical Business Card Template Business 13 AHCPR- sponsored guideline development panels; and Process Stock Vector | Istock, Analyzed references actually incorporated into AHCPR-sponsored guidelines to identify any patterns that suggest ways to streamline the literature search and review process for Sample Letter future guideline panels (Cahn, Selden, Auston, 1992). Based on these experiences, this paper provides NLM's suggested methodology for identifying, retrieving, and managing literature that forms the basis of a clinical practice guideline. To search efficiently for Process Chart Template Stock Vector all known scientific evidence on a particular clinical topic, it is important to understand the literature search process and to Tech Resume . Chef Examples plan well. The following model has been developed to assist Guideline Development Panels in planning and organizing the literature search process.
Panels will need to adapt these procedures according to their goals, available resources, and time constraints. A literature search is a systematic and explicit approach to the identification, retrieval, and bibliographic management of independent studies (usually drawn from published sources) for the purpose of locating information on a topic, synthesizing conclusions, identifying areas for Creative Template Stock | Istock future study, and Resume Template Word - Templates, developing guidelines for clinical practice. Computer database searches are the most efficient way to identify published studies. Computer searches may be supplemented with manual searches of Creative Chart Template Stock Art 577617946 print sources. Also, it is expected that Guideline Development Panel members will bring to the literature search process their subject expertise and knowledge of studies completed and forthcoming. Literature identification and management, the search process, is distinguished from (but key to Certified Nursing Assistant Resume Examples the integrity of) the literature review process. A literature review involves analyzing, evaluating, and synthesizing scientific evidence derived from studies identified through the search process and is the Process Chart Stock Vector | Istock, topic of other papers commissioned by the Forum. However, it should be noted that search process tools may also be applied to literature review tasks.
For example, specialized bibliographic management software used in the literature search process (see Step 1.3, below) may also be used for inserting data extracted from studies or codes keyed to data extraction tables into bibliographic records. Such use will assist panels in Tech . Chef Resume Examples – Resume Examples, reviewing large numbers of studies and Creative Stock Vector | Istock, documenting each by Apology Letter, stated relevancy criteria. The 6 general steps in the literature search process, and the individuals critical to implementing these steps, are described below and presented in Figure 1. Before the first panel meeting, a planning and coordination meeting is usually held to discuss the guideline development process. Topics covered typically include development of guideline concepts, organizing the literature search process, and Creative Process Chart Template Stock | Istock, selection of methodology(ies) for literature review. This meeting should include the Panel Chair(s), AHCPR Panel Manager(s), Panel Methodologist(s), Literature Review Coordinator and Literature Searcher(s) (see 1.2, below), and any other individuals who will be actively involved in managing the Fonts. Images Design On, guideline development process. Discussion concerning the literature search process should focus on the overall direction of the Process Chart Template Vector | Istock, searches, specific guidance for preliminary computerized searches, literature management tasks (e.g., processes for obtaining documents for review, photocopying, distributing to reviewers, tracking review status), and assigning responsibilities for tasks. 1.2 Select Literature Review Management, Searching, and Document Delivery Staff. Literature Review Coordinator.
Because the guideline development process is literature dependent, each panel needs a Literature Review Coordinator (LRC) responsible for the management of the literature review process. The LRC should be experienced in computerized literature searching and/or managing computer reference services. In the search process, LRCs act as liaisons between panel members and professional Literature Searcher(s). Literature searching is One Page Template Word, a dynamic and iterative process; there is no one way to conduct a search and there are many variables involved. Creative Process Chart Stock Vector! Panels typically need two preliminary computerized literature searches, a comprehensive search, and periodic searches to update the material. Further, the guideline development process demands searching on a much larger scale than is usually done by most researchers or librarians. Therefore, panel staff should include experienced, professional-librarian searcher(s). Resume Images Design Layouts! Panels also require consistency in the construction of Process Chart Vector Art 577617946 search strategies and documentation of all searches for their final Guideline Report. To control variation in the searching process, it is recommended that arrangements be made to have the same searcher(s) work with the LRC throughout the life of the panel. Panels often decide to Tech Resume Template Resume – Resume obtain hundreds to thousands of articles and Process Chart Template Stock Vector, documents for review and Tech Resume Resume – Resume, evaluation. Retrieval and copying requires a high level of Creative Process Chart Vector effort.
Since most panel members' institutions can't absorb such effort into their normal routine, it is recommended that panels negotiate arrangements for document delivery with a local medical library. This library should be a member of the National Network of Libraries of One Page Word - Templates Medicine (NN/LM) and located close to the Literature Review Coordinator and/or Panel Chair(s) who must consult with the local library throughout the document delivery cycle. 1.3 Obtain Computer Equipment and Process Chart, Reference Management Software. In order to manage the literature search and review processes, the Apology Letter, Panel Chair and/or Literature Review Coordinator should have a personal computer (PC) with sufficient hard drive capacity to easily store and manipulate a very large bibliographic database. This PC should be equipped with reference management software and DOS. Additionally, a printer and a modem are essential. ProCite is the reference management software we chose to support AHCPR-sponsored guideline panels. It has a very fast and Creative Process Chart Template Stock Vector Art 577617946 | Istock, accurate feature for eliminating redundant records, and Tech . Chef Examples, it can handle many thousands of citations in a master database. It eliminates the need for multiple entry and reverification of references. ProCite provides for the easy downloading and importing of citations into a formatted database. ProCite also allows for editing of Creative Process Chart Template Art 577617946 | Istock records so that codes indicating document status can be inserted during the literature retrieval and review phases.
It can easily export data to a word processor for desktop publishing of references. STEP 2: PRELIMINARY LITERATURE SEARCHING. 2.1 Conduct Content and Volume Searches. Following Step 1, panel staff (i.e., the LRC and Literature Searcher(s)) should complete two preliminary searches of the literature. The strategy for the first preliminary search should be quite detailed but have a limited time frame (e.g., six months). Citations should be downloaded, imported into reference management software, arranged by author, and printed out for A Medical Business Card Template | Best Business Card review. Reviewing this sample literature gives the panel an Creative Chart Template | Istock opportunity to scan for missing citations and to see if the search strategy pulled a high proportion of relevant citations. One Page Resume Template! Panel Chair(s) may review this search themselves, or they may send it to panel members. The second preliminary search is to determine the universe (volume and Creative Process Stock Art 577617946 | Istock, distribution) of Certified literature available on the broad topic of the guideline.
The second search strategy, therefore, should reflect the widest possible interpretation of the guideline topic and consist only of the counts (number) of citations retrieved from several key databases. This broad search graphically illustrates to panel members the general volume of literature and its distribution among databases. In our analysis of the first three AHCPR-supported panels (Acute Pain, Urinary Incontinence, and Pressure Ulcers), it was found that MEDLINE was the source for between 77 and 91 percent of the literature used in these guidelines. Further, all NLM sources combined provided 91 to 94 percent of all the literature cited in these guidelines' reports. Thus, it is Chart Template | Istock, recommended that MEDLINE and two to three other databases deemed most relevant to Tech . Chef Resume the specific topic be selected for Creative Chart Vector Art 577617946 the second preliminary search. As panels are interdisciplinary, members may only Certified Examples be familiar with the subset of the literature related to their specialty. The Panel Chair(s) and members need to Creative Chart Vector Art 577617946 obtain a clear picture of overall volume and content in order to determine the level of Tech Resume . Chef Resume Examples – Resume effort and resources required for reviewing the Creative Template Art 577617946, literature. They will then be able to Tech Resume Resume Examples – Resume Examples weigh the available time (e.g., 12 months) against the quantity of the Creative Process Chart Stock | Istock, literature and assess whether all specific issues within the broad guideline topic can reasonably be addressed. STEP 3: COMPREHENSIVE LITERATURE SEARCHING. As suggested above, the panel should review and assign priorities to possible guideline topics and Template . Chef Examples Examples, subtopics.
That is, panels should consider defining a series of separate guideline topics which may be undertaken as resources allow. Then, if needed, some topics can be deferred to a subsequent guideline panel. This will help to ensure that questions to be addressed by a panel can be developed within the timeframe specified for Creative Process Chart Vector | Istock that panel. Based on the results of this prioritization, at its first meeting the panel can define the specific aspects of the One Page Resume, guideline topic(s) it will develop. The panel should clarify the topic(s) to be addressed in Creative Process Chart Template Vector, terms of the condition and types of patients for Resume Fonts. About Design On which the guideline is intended, the clinical interventions that will and will not be considered, and the type of provider and Creative Template Stock | Istock, practice setting to which the One Page Template, guideline will apply. 3.2 Define Parameters of the Comprehensive Literature Search. While defining their guideline topic(s), the panel must also define the parameters of the comprehensive literature search by constructing statements or questions to be answered using the literature and by preparing lists of specific topics (e.g., a list of diagnostic tests) to be considered. The panel should also develop general inclusion/exclusion criteria for studies it will or will not consider. Specific criteria include: time period, age groups, languages, geographic areas (e.g., developing countries), animal studies or human studies, type of published material (e.g., peer reviewed publications, dissertations, meeting abstracts, books, patient education materials, laws). Some exclusion criteria can be handled in the search strategies (e.g., languages).
Other exclusion criteria must be applied by Creative Process Stock Vector Art 577617946, the panel members as they review the citations retrieved (e.g., case reports involving fewer than 10 subjects). Once the panel reaches consensus on the foci of the guideline, it is recommended that all topics be combined into one broad statement that can be used as the Sample Documents Word, basis for the comprehensive literature search. Searching a series of separate statements would result in much duplication among topics in the literature retrieved. Panel members would have to review the same article for more than one question resulting in their being able to review fewer articles overall. 3.3 Determine Sources of Information. The foci of the guideline topic and the timeframe and resources available for completing the guideline should determine the sources of information. Panel members will be familiar with many literature sources and may also refer to Template Vector | Istock NLM's Health Services: Sources of Information for Research 1 . As noted above, experience shows that limiting computerized searches to MEDLARS databases will retrieve upwards of 90 percent of the material needed (see Table 1 following). It is therefore recommended that Literature Searcher(s) access MEDLARS first.
Panel members should identify and discuss other available data sources and select for additional searching those few key databases that most comprehensively cover the topic area. The Literature Searcher(s) should develop search strategies appropriate for each database to be searched. Terminology or keywords must be selected. Since the guideline topics are usually quite complex, search strategies will involve a combination of controlled vocabulary and free-text words or phrases (words appearing in titles or abstracts of articles) to narrow or broaden the scope. The Panel Chair(s) or LRC should consult with the librarian searcher(s) throughout the literature search process to Resume Fonts. Images Resume discuss refinements or modification to search strategies. Initial computerized literature searching generally should take approximately two months to complete Figure 1; the timeframe must be set with advice from the Literature Searcher(s). The total time required will depend on the complexity of the subject area and the comprehensiveness desired.
If needed, periodic updates should be planned within the context of the guideline development schedule. Broad searching of Creative Chart Template Stock Art 577617946 numerous databases is neither needed nor efficient. Certified Examples! However, after careful review of Creative Process Stock Art 577617946 comprehensive retrieval, additional, more narrow searches of targeted databases may be done, if necessary. In addition, after reviewing the citations from computerized searches, panel members often have suggestions concerning literature not retrieved. Certified Nursing! This might include documents not published in the open literature, or articles from relatively obscure or new publications that are not routinely indexed or included in Creative Process Chart Stock Vector Art 577617946, computerized abstracting services. When such studies are identified, panel members can usually provide copies from personal files or direct the LRC to the authors or other sources for One Page Template - Templates obtaining them. It is recommended that the search results be merged into one large master bibliographic database. Further, all literature records should be maintained in Process Art 577617946, the master database throughout the guideline development process. That is, in addition to the retrieval from the initial computerized literature searches, as other references are identified, they should be merged electronically or typed into Template Word - Templates the master file.
Having a master database gives the panel flexibility in Chart Vector | Istock, its literature review process and aids in efficiently managing the Tech Template . Chef Examples, citations throughout the literature review and report writing phases. Creative Process | Istock! For example, the Literature Review Coordinator might search the master database and create topic-specific subsets of studies for individual panel members or subgroups of panel members to review. Further, to facilitate managing the literature, panels should develop schemes for coding records in the master database. For example, panels may want to develop quality scores for study design or some other type of weighting criteria and Nursing Assistant Of Resumes, input these into Creative Chart Vector Art 577617946 bibliographic records as literature is - Templates, reviewed. Administrative data (e.g., initials of reviewers, review dates) may also be inserted into master database records and used for tracking document review status. Template Vector Art 577617946! Additional codes may be inserted into records to Fonts. 17 Best On correspond to sections of the guideline or scientific evidence tables in which the literature will be cited. Such coding is critical for sorting references for guideline publications (see also Step 6 below). As noted above, in addition to Creative Stock Vector developing criteria for determining which studies out of the citations retrieved from the comprehensive search they want to Certified Nursing Resume obtain for review, the panel should arrange with a local library for document delivery. Typically, this will require the local library to provide one photocopy of each article that is to be reviewed. For items it does not hold, the Process Chart Template Stock Art 577617946 | Istock, local library may utilize the resources of the National Network of Business Card Template | Best Libraries of Process Stock Vector Medicine (NN/LM) as well as other resource libraries to which it has access. Again, any literature that is Resume Word - Templates, not available through library mechanisms may often be obtained by the Literature Review Coordinator from panel members or their colleagues.
In addition to being key to managing the literature review, the master database is the best source for the final bibliography. For example when using ProCite, records in Creative Process Template Stock Art 577617946 | Istock, the master database may be coded for Template . Chef – Resume Examples specific chapters or sections of the Guideline, the evidence table(s), and the Guideline Report. In this way, a record is entered in the database once but may be sorted for use in many sections of the guideline publications. Since ProCite allows for easy exportation of records to Chart Template Stock Art 577617946 a word processor, these sorted references may be incorporated into the guideline text and appendices without re-entry or the need for Sample Letter In Pdf, Word reverification. Regardless of the Process Chart Stock Vector | Istock, bibliographic management software used, NLM recommends that panels standardize and edit all references to conform to the style presented in One Page Resume Template - Templates, NLM Recommended Formats for Bibliographic Citation 2 . NLM no longer provides extensive literature searching and document retrieval to Guideline Development Panels. However, NLM will provide limited support of guideline panels to the extent appropriated resources permit. This may include: Consulting on literature searches; Providing tutorials on Chart Template Stock Vector Art 577617946 | Istock Grateful Med , ProCite, and DOCLINE; and Providing back-up document delivery service through the Assistant Examples, NN/LM. Guideline panels should contact their AHCPR Panel Manager(s) to access such services from NLM's Office of Health Services Research Information.
Table 1. Citations in AHCPR-sponsored Guidelines, by Source and Creative Chart Vector, Topic. Source: Cahn, Marjorie A., Selden, Catherine R, Auston, Ione. Summary report on analysis of AHCPR guideline panel literature. Bethesda (MD): National Library of Medicine; 1992 August. 5 p. Note: 1. Unverified citations are items not found in any of the NLM databases, non-NLM databases, or the NLM collection. These are largely panel-supplied items not available in traditional published sources (e.g., working papers, meeting presentations, or other gray literature) or forthcoming publications. Cahn, Marjorie A.; Selden, Catherine R.; Auston, Ione. Summary report on analysis of AHCPR guideline panel literature. Bethesda (MD): National Library of Medicine; 1992 Aug. Certified Nursing Assistant Examples! 5 p.
National Library of Medicine (US). Health Services: sources of Process Chart Template Stock information for research. Bethesda, (MD): NLM; 1992 Aug. Report No.: NLM-PSD-92-01. A Medical Business Template Business! 201 p. Available from: NTIS, Springfield, VA: PB92-221175. Patrias, Karen. National Library of Medicine recommended formats for Creative Chart Vector Art 577617946 bibliographic citation. One Page Resume Template Word! Bethesda (MD): National Library of Medicine; 1991. Report No.: NLM-LO-91-01. 248 p. Available from: NTIS, Springfield, VA: PB91-182030.
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