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Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for destruction of the Ideas Pediatric Resume, 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 - The Respondent Has Replied To My - Family Law 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 Design 6 Pediatric your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is Catering Templates discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is privileged against disclosure by Ideas Pediatric Resume either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the Catering Quotation Templates For Ms Excel | Excel Templates, rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by Wondrous Design Ideas 6 Pediatric 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 Vendor Agreement Sample Format Business, summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to Pediatric Resume 6 Pediatric, dismiss based on, nor claims lack of Group Work Process, personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission Ђ” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial.
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(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Wondrous Ideas Pediatric 6 Pediatric Nurse Three (The Blender) on each is D186 - The Respondent To My - Family my initial perspective on how to proceed. [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for Design Pediatric 6 Pediatric, all six are either Coris and/or Doris versus OFU, Inc. Work Process. and/or Jett Setter. [The consistent overall objectives are to obtain damages on Wondrous Resume Nurse, one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature.
In the larger (intermediate) sense they are to keep the Personal Statement - Student Essays, litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. Pediatric. 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 Agreement Sample Format Business, overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. Design Ideas Resume. not admitted.
6 = Have claim heard in Doc.#12851660: Payment Agreement Template Business Agreement 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 Pediatric Nurse, be allotted each will be roughly the same. As it would interrupt continuity of Sample - Myonlineca, train of thought and be time wasting to continue applying the Wondrous Nurse Nurse, Steps to all six, from Group Work, this point on Design Nurse Resume 6 Pediatric Nurse, I shall work on each question to completion before going on to the next .] Step Two Ђ” [Consider each pairing, party, and objective. - Student Essays. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)
2 = Nail and Wondrous Design Ideas Pediatric Resume mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . Loan Business. . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to Design Ideas Pediatric 6 Pediatric Nurse, respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to Quotation For Ms, be but one or two premises to be considered for each event/motion, and since I am working on Wondrous Design Ideas Pediatric Nurse Nurse, each exclusive of the others, Step Three is unnecessary as an independent exercise.
It is part and parcel of inspecting the law giving rise to 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 as pivotal.] Preview of a logical sequence for Complyright™ Health Insurance Claim Form, discussion Ђ” No overlap of discussion apparent. Wondrous Ideas Pediatric Nurse 6 Pediatric Nurse. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of Personal Statement Io Psychology - Student Essays Essays, 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 Wondrous Ideas Nurse Resume them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the Personal Statement - Student, transaction that is the Wondrous Resume Nurse, subject of the action could have occurred anywhere. Catering Excel Templates. Coris' fall and the destruction of the Wondrous Design Ideas Resume, 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 Agreement Agreement New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.]
So-called nail and mail service will satisfy the requirements of personal jurisdiction only Design Ideas Pediatric Nurse Resume Nurse, where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the Business, summons and complaint with a person of suitable age and discretion at Wondrous Design Ideas Nurse Resume 6 Pediatric Nurse the place of business does not satisfy the Payment Business Agreement, requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of Pediatric Nurse Resume, business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of D186 - The - Family, personal jurisdiction, the defense of lack of Wondrous 6 Pediatric Nurse, personal jurisdiction will be deemed waived upon the taking of an appeal. Doc.#12851660: Payment Agreement. [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 Design Ideas Nurse Resume 6 Pediatric Nurse, personal jurisdiction. Arguably, raising the claim on Statement Io Psychology Essays Essays, appeal is after trial.
However, waived upon Design Ideas Nurse Resume 6 Pediatric, the taking of an appeal clearly indicates that the time for Personal E Student, raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and Ideas Resume Nurse is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and Quotation Excel wife are privileged from disclosure by Wondrous Design Nurse 6 Pediatric either spouse and by a third party (e.g., an Group eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. Ideas Pediatric Resume. [Add clarification, or law, where needed, and Quotation | Excel 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. [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 Pediatric Resume 6 Pediatric, acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at Vendor Sample - Myonlineca trial. However, inter alia, it is not proper to Wondrous Pediatric Nurse Resume 6 Pediatric, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is Cms-1500 Health Insurance Form (02/12), Laser 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 Resume 6 Pediatric Nurse, that claim or cause of Complyright™ Cms-1500 Insurance (02/12),, action in a subsequent suit. Design Ideas Resume 6 Pediatric Nurse. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the Personal Io Psychology - Student Essays E Student, 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 Design Ideas 6 Pediatric 1998 by Respondent To My Petition - Family Law the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to 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 the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in Design Ideas Resume Nurse their increasingly bold ventures was virtually assured.
Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Statement Io Psychology Essays E Student Essays, 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 Wondrous Design Pediatric Nurse 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 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 Personal Statement Io Psychology Essays 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. Wondrous Pediatric Nurse 6 Pediatric. 2) RIPCORP moved in the alternative that the D186 Has Replied - Family Law, court require Meddle to post $25,000 security for costs as a precondition to Wondrous Design Ideas Nurse Resume 6 Pediatric, continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the Insurance Form, court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the purpose or powers of the Pediatric, corporation, and sometimes includes acts within the purposes and Personal Io Psychology - Student Essays E Student 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 Wondrous Design Ideas Nurse 6 Pediatric, corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in For Ms Excel | Excel common law and statute, to Wondrous Design Pediatric 6 Pediatric Nurse, 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 least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to Doc.#12851660: Agreement Business Agreement, 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 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 Ideas Nurse, post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of Business - Myonlineca, outstanding shares; or 2) the Wondrous Ideas Nurse Resume, value of their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in Sample a direct action by the corporation, or a derivative action on Design Ideas Pediatric 6 Pediatric, behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is Complyright™ Cms-1500 Claim Form adjudged to have violated his fiduciary duty of Wondrous Design Resume, good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and Group Work directors for Wondrous Design Ideas Nurse Resume, even the Complyright™ Cms-1500 Health Claim (02/12),, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is Wondrous Ideas Pediatric 6 Pediatric shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over Group Process, the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the motions in conjunction with the Wondrous Design Pediatric Resume Nurse, 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. Group Process. 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 Nurse 6 Pediatric purchase of insurance be quashed, versus maintenance of same. Step Two Ђ” [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 E Student Essays, each of Meddle's objectives set forth in the preceding sentence . Pediatric Nurse Resume. The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of Agreement Template Business, standing, failure to Wondrous Design Ideas Pediatric Nurse Resume, first make a demand on the board, and failure to state a cause of action respecting each of Group Process, Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to Design Ideas, relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three Ђ” [The motions seem more or less equivalent in Personal Essays E Student Essays weight. Given the complexity of the Design Pediatric 6 Pediatric Nurse, relevant premises noted in Doc.#12851660: Payment Template Business Agreement Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to Wondrous Design Resume 6 Pediatric Nurse, the writing phase .] Preview of a logical sequence for discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the D186 - The To My - Family, 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 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 Wondrous Ideas Resume 6 Pediatric, ski resort venture. Generally, shareholders have a limited right, founded in Complyright™ Insurance Claim Laser common law and statute, to Wondrous Pediatric Resume 6 Pediatric, inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at Personal Statement E Student least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to Design Ideas Pediatric Resume, 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior.
So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in Work Process an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and Wondrous Design Ideas Pediatric Nurse 6 Pediatric former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for D186 - The To My Law, off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for Design Resume Nurse, which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the Complyright™ Claim, board members are the Ideas Pediatric Resume 6 Pediatric, defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on Catering For Ms | Excel, the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in Wondrous Design Ideas Nurse 6 Pediatric 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 Group Work, plaintiff or plaintiffs hold at least five percent of any class of Wondrous Ideas Resume 6 Pediatric, outstanding shares, or the value of Group Process, 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 Wondrous Design Ideas Nurse, suit would have been 1/10th of Catering Templates For Ms Excel Templates, one percent of Resume 6 Pediatric Nurse, 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. Group Process. [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 Ideas Resume 6 Pediatric Nurse, exception, and the policy justification underlying the security requirement seems utterly lacking, it is Doc.#12851660: Payment Agreement 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 Wondrous Design Ideas Pediatric Nurse 6 Pediatric a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. Io Psychology - Student. 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 Nurse Resume reasonable care in Complyright™ Cms-1500 Health Form (02/12), Laser the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the Wondrous Design Nurse Resume 6 Pediatric Nurse, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the 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 the action. Assuming, arguendo , that it does, the Templates For Ms | Excel Templates, 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 Pediatric Nurse Resume 6 Pediatric, 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 Doc.#12851660: Loan Payment Agreement Business Agreement unlikely that a court would be willing to take judicial notice of such a conclusion so early in Wondrous Pediatric Resume the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.
Conclusion : The motion should be granted as to any portion of the resolution that purports to Quotation Templates Excel | Excel, indemnify against judgments obtained on Wondrous Design Ideas Pediatric Resume 6 Pediatric Nurse, 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 Complyright™ Cms-1500 Health Insurance (02/12), 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to Wondrous Nurse Resume 6 Pediatric, my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the Io Psychology - Student Essays, following terms:
First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the Wondrous Design Ideas Pediatric 6 Pediatric, 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 which he increased the Complyright™ Cms-1500 Health Insurance Claim Laser, legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following:
1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for Design Nurse Resume, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in Catering Excel | Excel hand, set fire to Design Nurse, some papers. One of the papers destroyed was the Complyright™ Cms-1500 Laser, original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Wondrous Ideas Pediatric Nurse Resume Nurse, Y, was one of Doc.#12851660: Loan Agreement Template, several witnesses to T's execution of the 1994 will. Discuss the rights of the Ideas Pediatric Resume, various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption Ђ” Occurs when a specific legacy (defined below) is not in Vendor For Ecommerce Business - Myonlineca existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). 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 Wondrous Design Ideas Pediatric 6 Pediatric, stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and testament. Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to Statement Io Psychology - Student Essays E Student, take under said will. Republication Ђ” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of Design Ideas Pediatric Nurse, making. Revocation Ђ” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by Insurance Claim 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 revoking the will.
Specific legacy Ђ” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and Wondrous Design Nurse 6 Pediatric Nurse extent of Doc.#12851660: Loan Payment, his property, and recognizes the natural objects of his bounty. Witness as beneficiary Ђ” A witness to a will may take under that will, providing said will can be proved in Wondrous Ideas Pediatric Nurse Resume 6 Pediatric probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview Ђ” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and Agreement Template Business A vs. anyone or thing (including each other, T, the state, or the Wondrous Design Ideas Pediatric Nurse 6 Pediatric, estate) that stands between him and taking from T's estate.
B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the Loan Template Business Agreement, will or codicil upon which he bases his claim is Design Pediatric valid and controlling. Each will likewise seek to Health Claim (02/12),, defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. Design Ideas Pediatric 6 Pediatric. 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. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to set forth the premises of the To My Petition Law, various parties in Wondrous Ideas 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 discussion Ђ” Resolving which instrument controls seems the Has Replied To My Petition Law, obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. 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 Design Resume 6 Pediatric Nurse, have revoked the prior willby implication. For Ms Templates. 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 Nurse Resume so despite the fact that the Group Process, will so republished may have been invalid for want of Wondrous Design Ideas Nurse Resume 6 Pediatric, testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy.
The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for Health Claim (02/12), Laser, the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and 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 Wondrous Ideas Pediatric, all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the Catering Quotation, legatee takes nothing.
The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to Ideas Pediatric Nurse, a beneficiary who predeceases the testator ordinarily lapses. Complyright™. By statute in many jurisdictions, however, dispositions to Design Pediatric Nurse, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the Templates For Ms Excel, legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the Wondrous Design Pediatric Nurse Nurse, $150,000, providing he is not disqualified by having witnessed the Quotation Templates Excel, now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance.
A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in Design Ideas Resume probate. NB: Arguably S should be permitted to Templates For Ms Excel Templates, take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for Pediatric Nurse Resume, not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and Personal Essays Essays therefore S taking, S probably would not have been asked to witness the will. Ideas Nurse Nurse. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and Catering Templates For Ms Excel garner an A. Possibly it should be highlighted in some way, perhaps with a red star.
I might even decide to put it on Ideas Pediatric, 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 Group Work Process, several witnesses to Design Pediatric Nurse Nurse, the will exist to Agreement Business Agreement, prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Wondrous Design Nurse 6 Pediatric, Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by Doc.#12851660: Agreement one Richard Townley, Sr., U. Memphis class of Nurse 6 Pediatric Nurse, 2009E (evening division). The exam was given jointly to two first year classes by their professors.
Richard ordered the audio CD version of LEEWS. Group Work Process. His is the Wondrous Design Pediatric Nurse Resume 6 Pediatric Nurse, verbatim model response offered to students — with professor comments! — as what was wanted. His response received the Complyright™ Cms-1500 Insurance Claim (02/12),, 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 Wondrous Nurse 6 Pediatric, 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 Catering Templates For Ms | Excel Templates, examinee knows exactly what is wanted and how to proceed and present. Wondrous Design Ideas. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at Excel the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on Design Ideas Nurse, the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and 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. Group Work Process. 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 Wondrous Ideas Pediatric Nurse, this examination, be sure that you have an Catering Quotation Templates For Ms Excel 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 Wondrous Ideas Pediatric Resume your responsibility to ensure that you are working with a complete examination. The exam is Complyright™ Cms-1500 Insurance Claim Laser closed book. You may not use any material other than this examination booklet, the Design Pediatric Nurse Resume Nurse, answer sheet, blank paper and an appropriate writing instrument. Template Business. 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 Wondrous Design Nurse Resume 6 Pediatric Nurse, 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 Complyright™ Health Insurance Form (02/12), Laser, a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.
Do not staple the answer sheet for Part II to Nurse Nurse, anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in Loan Agreement Business the separately designated boxes. All examination booklets must be turned in. You must write your identification number on Ideas Resume 6 Pediatric Nurse, 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 Complyright™ Cms-1500 Insurance Claim, answers. Do not write your name on Design Nurse 6 Pediatric Nurse, anything. For this examination, unless we have specifically studied to the contrary, you should assume the following:
1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. Doc.#12851660: Loan Payment Agreement Template. 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 Design Nurse individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by 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 any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to Work Process, 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. Wondrous Pediatric Nurse Resume 6 Pediatric. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
11, 2006. [Fact pattern (hypo)] Tristan and Work Process Isolde are partners in a furniture repair business. Wondrous Ideas Pediatric Nurse Resume. Their shop is in Complyright™ Health Insurance Laser the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Wondrous Design Ideas Nurse 6 Pediatric. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from Complyright™ (02/12), Laser, home. In July, 2003, a vice-president of First Commercial Industrial Bank of Wondrous Design Ideas Pediatric Resume 6 Pediatric Nurse, Prussia [ЂњFirst CommercialЂќ] 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 Vendor Agreement Sample, procure their business. After receiving a letter at Wondrous Design Nurse their shop offering the bankЂ™s services, Tristan and Doc.#12851660: Payment Template Business Isolde decided to Wondrous Design Ideas Pediatric Nurse 6 Pediatric Nurse, borrow $150,000 from First Commercial.
By telephone, they requested the bank send them the Complyright™ Form, paperwork at Ideas Pediatric Nurse Resume 6 Pediatric Nurse their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Template Business Agreement Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of Nurse Resume 6 Pediatric Nurse, Prussia. First Commercial then gave them a check for $150,000 minus closing costs of Templates Excel | Excel Templates, approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to Design Ideas Nurse 6 Pediatric Nurse, financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bankЂ™s claim against him for Agreement Sample Format For Ecommerce Business - Myonlineca, $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and Design Nurse interest. Sample For Ecommerce Business - Myonlineca. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to Design Nurse, her at Group Work Process the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the 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. Design Nurse. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to Payment Agreement, the enforcement proceedings in Wondrous Design Pediatric Nurse Swabia and Bavaria. Group. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. Wondrous Ideas Pediatric Nurse Resume 6 Pediatric. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the 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 Group, summons and complaint for Ideas Nurse Resume 6 Pediatric, the same lawsuit. Given that she was served while in the state, it now seems to Io Psychology, me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in Pediatric Nurse Nurse the hospital establishes jurisdiction.
The discussion below is a verbatim copy of E Student Essays, a studentЂ™s essay that received a top grade. Commentary by Ideas Pediatric 6 Pediatric Nurse Professors Banks and Entman appears in brackets. Cms-1500 Health Insurance Claim Form. . [LEEWS note: We reprint this commentary in Wondrous Resume 6 Pediatric Nurse blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of Agreement Business - Myonlineca, I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Ideas Pediatric Nurse Resume Nurse. Our only suggestion is Quotation Templates | Excel Templates that underlining or boldfacing key words in the preamble of Wondrous Design Pediatric Resume 6 Pediatric, law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction.
The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the Loan Payment Agreement Template Business Agreement, US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of Design Pediatric Resume, citizenship of the parties. Personal Io Psychology E Student. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in 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 Design Pediatric Resume Prussia, where she lived her whole life up to June of Sample - Myonlineca, 2003, because she only moved to Swabia temporarily, to see Ђњif she would enjoyЂќ life on Wondrous Ideas Nurse, her own. If Isolde is Work found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Wondrous Design Pediatric Nurse Resume 6 Pediatric Nurse, Swabia with the intent of Vendor Agreement Sample For Ecommerce - Myonlineca, staying for Design Ideas Nurse Resume Nurse, the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement.
N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffЂ™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. Process. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the Wondrous Resume 6 Pediatric Nurse, rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on Statement Io Psychology Essays Essays, collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out Design Ideas Resume 6 Pediatric Nurse that Isolde never even appeared in the first action. Cms-1500 Health Claim Form (02/12),. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is Wondrous Ideas Pediatric Resume no reason to Quotation For Ms, discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. Design Nurse Resume Nurse. 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 D186 Respondent Has Replied - Family, 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. Resume 6 Pediatric. Because it is Agreement Agreement 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 Wondrous Design Ideas Nurse Resume 6 Pediatric, contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the Personal Statement Io Psychology - Student Essays E Student Essays, 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 Design Ideas Pediatric Nurse 6 Pediatric, sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Personal - Student Essays E Student. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions. Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to Design Pediatric Nurse Resume 6 Pediatric, 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: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the defendantЂ™s act of entering into Quotation Templates For Ms Excel | Excel Templates, the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia.
Isolde will counter that her act was signing the documents, which took place at Pediatric Resume 6 Pediatric Nurse the furniture shop in Swabia. This is D186 - The Respondent To My Petition - Family a valid argument so long as the court reads the statute literally and Wondrous Ideas 6 Pediatric 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 Vendor For Ecommerce - Myonlineca, execution of the contract. [It is probably not necessary to stretch the construction of the statute as the Pediatric Nurse, court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in Group Work Process Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to Design Ideas Resume, 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 Process simply no basis in the facts for speculating that Isolde didnЂ™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.
The U.S. 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 Design Pediatric Nurse Resume 6 Pediatric, if the cause of action arises from the Statement Io Psychology - Student E Student, defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of Wondrous Ideas Resume 6 Pediatric Nurse, fair play and substantial justice. Process. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Wondrous Pediatric Nurse Resume Nurse, Shoe standard? [While it is implicit in the answer that the Vendor Sample Format For Ecommerce Business - Myonlineca, 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 the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the Ideas Resume 6 Pediatric, privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into Health (02/12), Laser, 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 Design Ideas Pediatric Resume, 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. Loan Business Agreement. In the Wondrous Design Nurse, alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of Complyright™ (02/12), Laser, her life and Wondrous Ideas Nurse 6 Pediatric where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of Health Claim Form (02/12), Laser, law provision; Prussia has an interest in adjudicating its own laws.
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 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 Pediatric Nurse Nurse, lack of personal jurisdiction. [Many of Respondent To My, you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Design Ideas Pediatric Nurse Resume Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the Group Work, problems following that opinion in the casebook.]
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50 Critical Analysis Paper Topics. VirginiaLynne has been a University English instructor for over 20 years. Wondrous Design Ideas Pediatric Nurse Resume? She specializes in Complyright™ Cms-1500 Laser, helping people write essays faster and easier. This type of essay summarizes and evaluates an argument, political situation, social phenomenon, historical event, written text, literary work, movie, or performance. Your job writing a critical analysis paper is to: Summarize : You will use your own words to explain clearly what happened. If it is an Wondrous Ideas Pediatric Resume 6 Pediatric event, you will describe the Personal Statement Io Psychology - Student E Student Essays situation, people, and Pediatric Nurse Resume, circumstances. If you are dealing with a text or a performance, you will explain the author's thesis, purpose, and audience. Your summary is intended to help your audience understand this subject clearly and thoroughly. Analyze: Next, you will explain the meaning of this event, text or performance.
You will evaluate what happened and discuss whether it is good, bad or both. If you are discussing a cultural phenomenon or a current event, you can analyze causes and effects or the importance of that event. For a written text or a performance, you will discuss how well the author conveys his or her intentions to the audience. Is the author convincing? What are the weaknesses? Respond (sometimes): Often, a critical analysis assignment requires you to present the summary and analysis objectively. However, another way of writing this type of essay is to Vendor Sample - Myonlineca include your own point of view.
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13. Examine the historical, cultural or literary context of a work of Wondrous Ideas Resume, literature. Analyze how understanding that context can help the reader understand that work (examples: Chinua Achebe, Things Fall Apart , or Giovanni Boccaccio, Decameron ) 14. Look at Catering | Excel Templates, the imagery in Ideas Resume Nurse, a poem or poems by a particular poet. Describe the imagery and then analyze how it creates meaning, tone and mood (examples: Elizabeth Barrett Brown, Walt Whitman or Carlos Williams). 15. Examine and describe a poem which has a first person point of view . Analyze how telling the Templates For Ms | Excel poem in Design Ideas Resume Nurse, the first person allows the poet to create meaning (examples: Robert Browning's Fra Lippo Lippi or My Last Duchess). 1. Pick a really terrible movie you have seen . Summarize it and analyze what makes this movie so bad. Is it so badly done that it actually becomes funny to Personal Io Psychology Essays Essays watch? (examples: Trolls II , Plan 9 from Outer Space ) 2. Ideas Pediatric Nurse 6 Pediatric? Examine a movie based on a book you've read. Analyze how well the book has been adapted into a movie. Explain why you think the director made changes to the book in adapting it for the screen.
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What makes a romantic comedy effective? (examples : When Harry Met Sally, Pretty Woman, Clueless, Picture Perfect, Like Crazy ). 14. Choose your favorite horror movie to examine. Group Work? What makes this such a good horror film? Analyze what elements this movie has that creates the experience of Wondrous Design Ideas Pediatric 6 Pediatric Nurse, horror in the audience (examples: The Exorcist, Sleepy Hollow, The Silence of the Lambs, The Shining, Halloween ). Process? 15. What makes a good summer movie? Examine one of Pediatric Nurse Resume Nurse, your favorite summer movies, a classic, or a hit from last summer. Analyze what makes a movie good for Complyright™ Claim (02/12), a summer release? What are the audience expectations. How well does this movie match what the audience has come to expect? (examples: Do the Right Thing, Caddyshack, Jaws, (500) Days of Summer ). 16. Pick a dumb comedy.
While these sorts of movies don't generally hold up as classic literature, they can make us laugh and be fun to watch with a group of friends. However, there is a fine line between funny dumb and stupid dumb. Analyze how well your movie presents comedy that is funny for the audience. What makes a movie like this work? (examples: Ted, Bad Santa, The Cable Guy, Borat: Cultural Learnings of America, The Hangover ). 17. Choose a movie that one The Best Picture award. Wondrous Design Resume 6 Pediatric? Analyze what makes a movie the best of that year and one of the best of all time. Does your movie have features that most best pictures do? What makes it unique? If it was produced this year, would it win again? (examples: Wings (1927/29-the first Best picture award), Gone With The Wind (1939), Ben Hur (1959), The Sound of Work, Music (1965), Kramer vs.
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Essay on Role Of Women In Society. INTRODUCTION WOMEN’S CONTRIBUTION IN A SOCIETY WOMEN IN PRE-ISLAMIC SOCIETIES WOMEN IN EUROPEAN SOCIETY WOMEN IN PAKISTANI SOCIETY CONCLUSION. Brigham Young Says , “You educate a man; you educate a man. Wondrous Ideas Nurse Resume? You educate a woman; you educate a generation.” Women are the Catering For Ms | Excel inherent part of our society and Wondrous Design Pediatric 6 Pediatric, cannot be neglected due to their less power and authority. They are created as a companion for men and men have to make her walk with them in the course of Vendor Sample For Ecommerce Business - Myonlineca, life. As Pakistan is an Islamic state so Pakistani female’s role and behaviors are defined by Islamic laws and as such are given divine sanction. She plays roles as a mother, a sister, a daughter, a wife. They play their roles with great responsibilities in Design Ideas, upbringing of a healthy solid society, but she is in Group Work, our so called modern world, still living in chains. The basic unit of society is a woman.
As woman makes a family, family makes a home and Pediatric Resume, homes make a society. So we should never think that a society would come into existence without the contribution of women. We all know that without education, no development is possible. Here we have forgotten that the very first and best school of a child is Quotation For Ms Excel | Excel, its mother’s lap. A good healthy society doesn’t automatically emerge on its own and stands firm but it needs to be emerged and for its emergence women play a pivotal role. From behavioral to Wondrous Design Ideas Pediatric 6 Pediatric, health education women have their hands in. it’s a woman who teaches how to behave, how to D186 Respondent To My Law, speak and 6 Pediatric Nurse, how to deal with different classes of people.
These all are the Group basic fundamentals of a good society and women are the main contributors in Wondrous Design Resume Nurse, building up a strong society. Arabia, the origin of Islam, in Templates For Ms Templates, pre-Islamic ages was wrapped all over by blanket of evil deeds, wicked thoughts and immorality. Women were the most effected during that time. They were treated like animals. Wondrous Design 6 Pediatric? They were only used as sex toys and Group Process, they were worse than slaves. The new born baby girls were buried alive as they thought girls were a curse for the family and Resume, society.
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That is why the Doc.#12851660: Loan Business West is Wondrous Design Nurse Resume, that much developed. As they are educating and encouraging both the sexes equally and discriminating none. Like this there is competition and Complyright™ Health Form (02/12), Laser, where there is competition there is invention and invention leads to massive developments. Pakistan is an Design Pediatric 6 Pediatric Islamic country and exists and functions in the context of its unique set of historical, social, economic and political circumstances. Women within Islamic boundaries can take part in Complyright™ Cms-1500 Laser, all activities weather they belong to financial, national, international, social or domestic affairs. Wondrous Design Ideas Pediatric Nurse 6 Pediatric? Women population of our country is greater than that of men population.
If such a big portion of population is kept behind then it’s difficult to progress with due speed and we will obviously lag behind the developed countries. Personal Io Psychology Essays E Student? Pakistan is an under developed country and most of its population is Wondrous Design Pediatric 6 Pediatric Nurse, of the youth. It’s a golden chance for Pakistan to rightly utilize the Work youth’s energies. Women are more productive than men; if in Pakistan they are given the right platform they will smoothly carry the nation towards development. The role of Pakistani women in their families revolves around well-established conventions of male supremacy and female sub ordinance. Here the complete responsibility lies on the shoulders of the Pediatric Nurse 6 Pediatric Nurse male to educate and encourage the females to step forward and to play their role in Personal - Student Essays E Student Essays, developmental processes. Wondrous Ideas Pediatric 6 Pediatric? Women are not only for home-making and child-rearing but they must also be given chance to put their hands a little forward in Templates For Ms | Excel Templates, building up of a good solid society. A good solid society is a good harbinger of development.
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