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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. New Life? This program was exactly what I needed €” the tools to on fatherhood confidently tackle exams in a methodical way.

— Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Essays? Chicago '92. 3 Sample Law Essay Exams From the essays on fatherhood LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in essays most law school courses will depend upon essay performance on new life, a final exam, most if not all of which is essay in nature. (You are basically asked to identify and on fatherhood analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into essays the exam with you (save the code in a course based on essays on fatherhood, a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). New Life Essays? Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and dissertation employee engagement limits as to how much you can write or type.

Grading is invariably anonymous to protect professors and new life 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 secret of bees essay introduction, individual professors. There follow three examples of new life essays, essay hypotheticals selected from among the benefits literature review dissertation eight in the appendix of the LEEWS Primer. Following are models of the new life LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to essayez cette our format of concise paragraphs, roughly one per issue [Writing Phase]. New Life? The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to cover you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC.

I.e., identify the new life essays Issue, state the employee engagement applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an new life, issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and dissertation engagement confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to new life essays identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and essayez avec orthographe facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by new life essays only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Benefits Review? Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.

As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. New Life? I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and benefits literature bring home din-din. New Life? I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Dissertation Employee Engagement? Not the most graceful move in the world.

At which point Coris determined to sue Setter personally, as well as the new life club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against avec orthographe Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in new life essays New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and life essay motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the new life essays summons and complaint was affixed to google essayez avec the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the new life complaint affixed to his door separated from the summons and employee engagement blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of new life, 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 dissertation employee, anything overheard as a privileged conversation. 5 €” OFU, Inc. New Life? requested an dissertation engagement, admission from essays, Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for essays on fatherhood, destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.

You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in new life essays 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 on fatherhood 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 new life duties of of a literature review dissertation, parties to essays an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over review said parties. Essays? Said jurisdiction will be had, inter alia, where a defendant is essays on fatherhood present in essays the state where an action is brought, and essayez personally served with process. Where personal service on new life essays, 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 life introduction also mailing a copy of same by essays 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 essays on fatherhood, business, without attempting to new life essays serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to employee acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to new life respond.

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 party was traveling against traffic on a one-way street). However, it is not proper to secret of bees essay request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on new life, 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 disagreement, a lawsuit.

The purpose of new life, 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 direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in employee engagement the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. New Life Essays? [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and pharmacist cover ashp 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 essays avoid liability on the other. Dissertation? 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 new life essays keep the litigation going versus termination on a procedural ground.

More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.

[My view at this point is moral essay that each event/motion will generate no more than one or two premises, and new life will be relatively straightforward of secret essay, analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the new life Steps to employee all six, from new life essays, this point on I shall work on of bees essay, each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. New Life 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 mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on dissertation, to No.3; . . . No.4; . Essays? . . 5; . . Life Of Bees Essay Introduction? . 6.] 3 = Rule re lack of new life essays, personal jurisdiction and disagreement grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on new life, each exclusive of the benefits of a 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 new life 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 essay, 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 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 life of bees essay mention conflict pairings here.

However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the new life action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. Dissertation Engagement? The residence in new life New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in benefits of a review New York County. It is hardly compelling. New Life? [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 where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of of bees essay introduction, suitable age and discretion at the place of business does not satisfy the requirements of due diligence.

Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of new life, due diligence. Where a defendant who has not been properly served nevertheless appears in essays 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 personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in new life essays the action, and at secret life of bees no time prior to appeal claimed lack of new life, 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 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 action is discoverable, even if not admissible as proof. Confidential communications between husband and of bees essay wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. Essays? [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. [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 essays, the party served to acknowledge the existence of new life essays, facts that are not in pharmacist cover doubt and that should not be necessary to prove at trial. New Life? However, inter alia, it is not proper to request an admission to benefits of a dissertation an abstract statement of law (e.g., that allowing a minor without a license to essays drive is avec negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at new life essays trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of dissertation employee, law. Conclusion : Doris' disregard of the request is new life essays of no consequence, as said request imposed no duty of benefits literature review, acknowledgment. A final judgment on the merits of a claim or cause of new life, action generally precludes reassertion of that claim or cause of action in cover letter ashp a subsequent suit.

Doris' action in essays small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and moral disagreement articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for new life, four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over ashp 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 new life essays invincible in their avarice, the Bottomline brothers led RIPCORP in engagement the aggressive pursuit of profit wherever it might be found. The brothers held the essays 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 google orthographe far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at essays RIPCORP's proposed acquisition of secret life of bees essay introduction, Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the new life essays RIPCORP minutes and other records relating to the ski resort venture. When she refused to life accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the new life essays inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to engagement 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 connection with the pursuit of new life essays, said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on dissertation employee, the board of directors, and failure to state a cause of new life essays, 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 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. Literature Dissertation? 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 new life 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 of a review dissertation 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 new life, 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to disagreement enforce his rights as a shareholder, and/or on behalf of the new life corporation to procure a judgment in favor of the corporation.

The latter derivative action may be maintained only if 1) the review 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). New Life? Note that in order to essays on fatherhood minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the new life plaintiff or plaintiffs hold at least 5 percent of any class of secret of bees, outstanding shares; or 2) the 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 new life 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 essayez avec expenses of new life essays, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to moral indemnify officers and directors for new life, 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 of bees essay introduction be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. New Life? v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions.

Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the secret of bees essay introduction ultimate objectives will be achieved depends upon new life essays 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 essays on fatherhood overriding premises.

In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . New Life Essays? The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of essays on fatherhood, standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against new life 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 essays actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically.

Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the essays corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the dissertation engagement corporation to procure a judgment in favor of the corporation. New Life Essays? Inter alia, the ashp 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 new life currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Essay Introduction? Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the new life essays demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of google cette, any class of essays, shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and disagreement essay sometimes acts within the purposes and essays powers of the corporation, but performed in 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 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 that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for life essay, 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. New Life? M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.

Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the essays corporation to impose this financial impediment. [Note the new life essays 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 essayez avec cette a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of new life essays, defending the action, unless, inter alia, he is secret of bees essay adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the new life analysis in a new paragraph.] M's action is in cover letter ashp part derivative on behalf of RIPCORP, and a judgment obtained in new life this respect cannot be indemnified against.

The facts are unclear about whether the resolution indemnifies against expenses of cover letter ashp, defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by new life essays the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. Essay Introduction? However, given that RIPCORP appears to have been engaged for some time in new life essays a pattern of letter ashp, divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the new life essays resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to introduction my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and new life essays 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 moral disagreement essay remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and new life spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 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 essays on fatherhood, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. New Life Essays? One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000.

5) S, the essayez son of Y, was one of new life essays, several witnesses to moral disagreement T's execution of the 1994 will. Discuss the rights of the various parties in new life essays terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). Dissertation Engagement? When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in new life 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 benefits of a dissertation equal proportions per stirpes . Disposition of estate €” Shall be in new life accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is essays so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of new life essays, making.

Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. Essays? 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 €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the new life 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 review, T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the new life 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 disagreement will or codicil upon which he bases his claim is valid and controlling. New Life? Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into of bees introduction play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to essays set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the disagreement controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per essays stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense.

B and Z's rights [This label conforms to the instruction. 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 avec a revoked will operates as a republication of a will that is, in new life form, properly executed. Of A? This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. 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 new life, 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 orthographe 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 all other articles of the same or similar nature) is new life not in existence or not in the possession of the of a literature testator when he dies. New Life? When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to secret essay introduction T's death, the new life essays republication of the 1994 will is essayez orthographe of no avail to essays X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the moral testator ordinarily lapses.

By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the 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. New Life Essays? S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the cover ashp will. Therefore, presumably two other witnesses exist to prove the will in probate.

NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only new life, 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 take under the 1994 will. On Fatherhood? Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. New Life Essays? However, it could also be contended that that was then, and cette orthographe 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 garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)]

Conclusion : Y, having predeceased T, will take nothing. New Life Essays? However, Y's intended legacy will go to the son, S, per essays on fatherhood stirpes . S's having witnessed the new life 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 on fatherhood, actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of new life essays, 2009E (evening division). The exam was given jointly to two first year classes by dissertation their professors. Richard ordered the essays audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. Essays On Fatherhood? 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 new life 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 moral disagreement 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 essays new and/or unusual. Google Essayez? Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by new life merely introducing an life of bees essay introduction, issue statement before each paragraph, and a conclusion statement at new life the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the dissertation issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]

Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.

INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and 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 new life essays 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 secret of bees introduction an appropriate writing instrument. You may not, of course, confer with or receive assistance from new life, 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 google question asked and do so with organization, precision, legibility, and new life essays proper grammar and spelling.

2. Essays On Fatherhood? If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for new life, 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 essays on fatherhood, 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. New Life Essays? all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an on fatherhood, 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 new life any other persistent course of cover ashp, 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 essays 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 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 essays a law firm. Respond fully to the following memorandum from one of your employers. New Life? €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and google essayez avec Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to 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 new life essays bank€™s services, Tristan and employee Isolde decided to borrow $150,000 from First Commercial. New Life? 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 their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in google avec cette the State of Prussia. First Commercial then gave them a check for new life, $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of on fatherhood, Prussia and that it was to essays be repaid in essays two years.

Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to new life essays sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to essayez cette respond to the complaint and summons, the court entered a default judgment against her for $100,000. Essays? On December 1, 2006, First Commercial sought to moral disagreement register the judgment against Isolde with the United States District Court for essays, 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 me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. Essays On Fatherhood? The next day, you receive the following memorandum from the new life same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Of A Review Dissertation? Isolde. Date: Dec.

12, 2006. I have now learned that Isolde was involved in essays an automobile accident in Swabia a week after she was served with process by pharmacist ashp 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 new life summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Pharmacist Cover? Please discuss fully whether you believe that assumption is valid and whether the essays service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by essayez Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for essays, organizing analysis of an issue) prescribes a statement of I ssue to precede the moral essay statement of new life, 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 on fatherhood issue, making a separate statement of issue unnecessary (thereby saving time).

Richard's model response in LEEWS format does this. Our only suggestion is new life that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in secret life of bees the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the new life essays 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 of a 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 new life essays, the diversity of citizenship of the parties.

First Commercial is benefits review a citizen of Prussia. Isolde has been living in Swabia for new life essays, 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 on fatherhood 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 new life still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to disagreement essay see €śif she would enjoy€ť life on her own. If Isolde is found to new life be a domiciliary of Prussia, then there is not diversity of of bees introduction, citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse.

The federal diversity statute also requires the new life amount in controversy to employee engagement 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 new life, contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and employee 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 essays court will find that Isolde did move to Swabia with the cover intent to new life essays stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. Pharmacist? In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out new life, that Isolde never even appeared in the first action. Most of of a literature, 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 new life essays the original action. Since she did not appear, there is no reason to essays on fatherhood discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. New Life? N.B. Disagreement Essay? The federal courts derive their personal jurisdictional reach from the state in essays 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 cover Swabia to establish diversity of new life essays, citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Of A? Even though the new life essays contract included a choice-of-law provision applying the laws of pharmacist ashp, Prussia to possible disputes, that is new life essays not the benefits dissertation 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 essays 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 google avec orthographe, 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 new life assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the disagreement essay 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 new life essays long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for google essayez cette, relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the new life 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 of bees essay introduction contract. [It is new life 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 life essay the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in 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. Essays? You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. 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 of bees introduction due process standard as it relates to new life essays imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is benefits sufficient to provide a statutory basis of jurisdiction over new life Isolde, would such jurisdiction be constitutional under the moral disagreement Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the essays 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 essays contact which gives rise to new life the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to benefits literature review dissertation Prussia, [run-on sentence, a sin committed by essays many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to dissertation the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision?

In weighing the relative burden on Isolde compared to the interest of essays, First National in litigating in Prussia, it does not seem unfair to require Isolde to essay travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an essays, 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 lack of essayez cette orthographe, personal jurisdiction.

[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in new life the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of moral essay, process in the enforcement proceedings in new life Swabia and Bavaria. Such discussions reflect a lack of disagreement essay, knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. New Life? Heitner opinion carefully, and engagement a failure to study the new life problems following that opinion in the casebook.]

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The Anatomy of a Terrible Sales Resume. The sales resume is often the first contact a hiring manager will have with the person who could become the next best performer on his or her sales team. However, with managers stating that one in five hires are “bad” or “regrettable”, the reality is that most have trouble distinguishing a bad salesperson from a good or a great one. To mitigate hiring risk and expedite the recruiting process, hiring leaders need to essays, be able to letter ashp, quickly identify a great resume from a terrible one. A recent survey from new life The Society of Human Resource Managers reported that an incredible 53 percent of the resume they reviewed contained false information – anything from altered job descriptions to essayez avec cette orthographe, inaccurate employment dates and false degrees. Moreover, we have found that more than eight in ten hiring managers have interviewed salespeople who have exaggerated their sales accomplishments and selling activities. While most candidates don’t set out to intentionally mislead their future employers, people naturally want to present themselves in the best light. They may stretch the truth to new life essays, cover up an literature review dissertation unfortunate job choice or try to essays, elevate their experience to be considered for a position for which they are not qualified. To help you uncover great salespeople and on fatherhood easily identify resumes for the reject pile, here we dissect the new life essays anatomy of a terrible sales resume. The best salespeople have a resume that states their accomplishments in a clear, concise manner, supporting their claims with quantifiable results and examples. Secret Of Bees Essay Introduction. Their resume includes concrete examples of key customer wins (logos), large deals, quota achievement, and/or how they started key channel partnerships that lead to a defined revenue number.

For example: “Delivered 122% of sales target.” “Sold $2.2 million of software against a $1.7 million quota.” “Achieved a 25% cold call closing rate.” “Great salespeople aren’t afraid to showcase their achievements, and they know that detailing their sales results on their resume is an effective way to separate themselves from average and below average sellers” – Brent Thomson, CSO of Peak Sales Recruiting. If these statistics are not on new life essays, a resume, that is a cause for concern. “If I don’t see these stats, I become suspicious,” says Dave Stein, author of Beyond the Sales Process . “I’ll ask the candidate to send me their performance against quota, year by year.” What separates the top sellers from the rest, however, is employee that in addition to the metrics listed above, they list closing ratio, average sales size, repeat order percentage, and average sales conversion time from prospect to close. They also take it a step further by listing details on how their numbers compare to new life, past employer averages or industry benchmarks.

Put simply, the best candidates provide detailed number breakdowns, while the worst try to conceal their failures. How to benefits of a dissertation, peel away the artificial layers. It is essays easy for candidates to benefits of a literature review dissertation, inflate the numbers on new life, their resume – how often do you see candidates list “Achieved 50% of quota”? But the majority of salespeople miss their targets – more than 60%. That’s why experienced sales interviewers ask for more details on specific numbers during the introductory, screening interview (click here to find download a list of the interview questions every great hiring manager asks a sales candidate). Should the pharmacist cover letter candidate make it into the final phases of the assessment process, interviewing references that were in new life essays a supervisory role, and moral essay checking W-2s to verify the claims made by the candidate are proven methods to further reduce hiring risk. Requiring candidates to new life, complete a career history form adds another layer to pharmacist, the assessment process that employers can leverage to new life, eliminate poor performers from the recruiting process. This is a lengthy account of the essays person’s selling history, requiring much more detailed information than can be found on a resume.

If a candidate responds that the new life essays information is on their CV or that they will fill it out if they go further in the hiring process, it may indicate they are not serious about the position, or they are trying to hide less than stellar sales results. A career history form doesn’t come without its drawbacks, however. The form can discourage great salespeople from continuing through the hiring process since they are too busy focusing on achieving their sales targets than to be filling out of bees introduction lengthy application forms. Confidentiality agreements also hinder the essays usefulness of this from on fatherhood since it restricts candidates from new life disclosing key client acquisitions or specific deals. In this case, the best salespeople will list the information more generally, stating the industry rather than company – “Fortune 500 telecommunications company” or “Large national automotive supplier”. 2. Lack of moral disagreement, awards and new life essays achievements. Annual top salesperson, top revenue, units sold, sales trips and essays other incentives are common awards given to essays, top performers on a sales team – and the best salespeople are constantly winning. “The best salespeople on my team wear their awards as badges of honor”, says Eliot Burdett, CEO of Peak Sales Recruiting, “They take every opportunity to showcase their accomplishments.” Salespeople who have earned these awards are proud of letter, their achievements and will highlight these on a resume. If this kind of recognition is missing, this is not a great salesperson.

There are as many titles for salespeople out there as there are companies, with organizations of essays, varying sizes selecting identical titles with vastly different responsibilities and success metrics. A VP Sales, for example, could be responsible for a team of 150 reps in a multinational company, or lead a team of 3 reps in secret life introduction a Fortune 10000 company. New Life. This makes it easy for salespeople to disagreement essay, list a title on their resume that inflates their role and essays level of disagreement essay, responsibility. When sales recruiting, the new life best hiring managers look beyond the candidate’s title and examine the responsibilities listed on dissertation employee, the resume. The actual level, experience, and success of the candidate should quickly become apparent. A great resume for a Vice President of essays, Sales, for example, would highlight responsibilities and pharmacist letter ashp success metrics such as increasing company revenue, increasing profit margin, team growth, and market growth, not cold calling stats and number of demos booked.

4. Too many non-sales responsibilities. Great salespeople are busy doing what they do best: sell. The best sales resumes focus on sales-related activities. Watch for non-sales activities listed such as: “Responsible for monitoring the day-to-day tasks performed by the sales team” “Fostered effective relationships between sales and marketing teams” “Participated in the restructuring of sales incentive packages” If there are too many non-selling activities on a resume, this indicates the person has not been actively selling. Again, the best salespeople let their results speak for themselves. Top performers are always gainfully employed and new life essays producing results. If there are months missing from a candidate’s career history, it could be that the person under-performed, did not meet their sales quota, and was let go.

However, there are also good reasons why a person may have months missing in their career history, such as time off to spend with a new child or caring for letter an ailing parent. New Life Essays. A great candidate will be candid about these gaps and proactively address them to prospective employers. “If their last three jobs were sole proprietorships where the candidate ‘worked’ for themselves, take a closer look,” says Stein. Secret Life Of Bees. “Either they thought they could make oodles of money, or they couldn’t get a real sales job.” Also, beware if a resume lists years only new life essays, rather than month and year – this can be an engagement attempt to hide periods of unemployment. Essays. If there are too many gaps, best to take a pass. 6. Dissertation Employee. Too many jobs in a short period of time. While it can be good for salespeople to have diverse experiences in different industries and positions, be wary of those who have had many jobs in a short period of essays, time. It may be that they were unemployed and took any position they could get at the time. “When a salesperson has worked at five companies in a seven-year period, something is wrong,” says Mike Weinberg, author of Sales Management.

Simplified. and New Sales. Simplified . “There are no unemployed ‘A’ player salespeople.” There can be good explanations for employee shorter stays such as a company merger or acquisition, or company-wide lay-offs. However, since top salespeople only essays, represent 10-15% of the entire sales population, the best are retained, even in these situations. Does the resume include vague or verbose language to dissertation employee, describe simple tasks or “soft skills”? This usually indicates the candidate is new life essays trying to conceal a lack of secret introduction, results by making average or non-selling tasks appear more important. Consider this example from an actual resume: “Generates a high volume of sales through implementing creative strategies and new life solutions to meet individual customer needs”.

First, “high volume of sales” should be documented as an actual number, either as a percentage of sales target or total dollar revenue against quota. On Fatherhood. Second, “creative strategies and solutions to essays, meet individual customer needs” is vague and literature dissertation does not give concrete evidence as to what selling methodology was used and how the new life essays solution was tailored to secret, meet the new life essays customer’s requirements. Dave Stein also warns against moral essay resumes filled with too much “techno-speak”. New Life Essays. “Architectures, programming languages, platforms, etc. Noise!” says Stein. “This is usually misdirection away from selling capabilities they probably don’t have.” Our article “Words We’d Rather Not See on Resumes This Year” lists some revealing adjectives for which hiring leaders should be on the lookout. Some of the most commonly used include: One consideration that has to be made when assessing sales resumes is that the best salespeople are busy hunting new prospects and closing business and may not have the on fatherhood time to keep their resumes up to date.

These are passive candidates who are happy in new life their current roles and not actively searching for a new position. The best recruiters understand this reality and question any gaps during the pharmacist pre-screening interview phase. In his article “Secrets Buried in a Salesperson’s Resume” author and sales expert, Lee B. Essays. Salz points out on fatherhood that in the education section of the resume a hiring manager should look for the school attended, degree attained and the year. While it is true that some people may omit the essays dates in dissertation employee engagement order to hide their age, there are those who may not have completed their studies. A question for sales managers, executives and hiring managers posed on LinkedIn, “Do Sales Professionals Need a College Education?” elicited some interesting answers. “There are many successful business men who never graduated from essays a college.” “I know great sales reps in my industry without a college degree and I know some not so good sales reps with a MBA from a renowned business school.” “Do you want people who can sell, or those who can spell?” Your company may agree with these sentiments. Or, you may value post-secondary education for demonstrating the person’s discipline to dissertation employee engagement, complete a program of study, as well as learn valuable skills such as critical thinking, persuasive communication and maintain intellectual curiosity.

Most hiring managers would likely agree that solid sales performance trumps post-secondary education, but honesty and integrity are also critical. If a promising salesperson does not have a college or university degree, this is less important than their willingness to be open and honest about their education. Many of the best salespeople have taken formal sales training or achieved a designation to continue to improve in their profession. It is new life easy to list training programs completed on a resume because hiring managers rarely check. On Fatherhood. Terrible resumes don’t list the date of certification completion. Here is an example of an new life actual sales resume – the names and employment details have been changed. Most of the points on this resume are vague and fail to give a clear indication of the actual task, responsibility, and performance against essayez avec these responsibilities.

Here are some other observations: Extensive list of sales-related activities with no reference to concrete sales numbers and new life performance against quota Dates are presented as years, not month/year Superfluous language Vague education section Spelling mistakes Picture included. “The easiest way to determine whether or not the candidate’s claims are legitimate is benefits of a literature dissertation through the interview process,” says Peak CSO Brent Thomson, “Ask questions regarding their accomplishments in new life multiple ways to assess whether or not the answer is the same. Secret Life Of Bees Essay Introduction. If the interview take-aways do not agree with the resume, then the candidate may be exaggerating, misrepresenting, and/or lying.” Knowing the pitfalls and red flags to look for on a salesperson’s resumes can help streamline the recruiting process. It helps to reveal the stars and quickly eliminate average and below average sellers so you can fill your position with a salesperson with the competences required to hit aggressive growth targets.

Latest posts by Keith Johnstone (see all) Responsibilities of a Sales Manager: The Ultimate Guide - May 16, 2017 How HR Can Build an Integrated Approach to Sales Talent Management - March 14, 2017 Debunking 14 Common Sales Management Misconceptions - February 24, 2017. Latest Posts on the Peak Sales Blog. 4 Reasons a Diverse Sales Team Will Boost Revenue [Video] 30 Game-Changing Statistics To Improve Your Cold Calling. 5 Sales Team Building Activities That Reduce Turnover Rates.

10 Ways to Motivate Your Sales Team to Crush Their Numbers [Infographic] Sales Interview Questions: The Ultimate Guide. Sales recruiting? We wrote the essays book. No one knows more about sales recruiting than Peak.

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CONVERSING AROUND LOVECRAFT: Leslie S. Klinger and Neil Gaiman. Editor’s Note: Leslie S. Klinger and Neil Gaiman appeared at Magers Quinn Booksellers in new life essays Minneapolis on November 9, 2014, to discuss Klinger’s latest book, The New Annotated H. Of A Literature Review. P. Lovecraft (Liveright, $39.95) . New Life Essays. Klinger, also the author of T he New Annotated Sherlock Holmes and The New Annotated Dracula , has also edited three volumes to date of benefits of a literature review dissertation, The Annotated Sandman (Vertigo). New Life Essays. What follows is a slightly edited transcript of the of a literature dissertation, pair’s conversation and audience QA. Neil Gaiman: So, Les Klinger, who I’m about to new life essays, bring on, is my lawyer. And this is actually true. About a decade ago, a little more than a decade ago, a very nice man named Michael Dirda, who used to cover ashp, be the literary editor of the essays, Washington Post , invited me to a meeting of the Baker Street Irregulars—which is the dissertation employee engagement, mysterious organization of new life, wastrels and retired judges and people who choose to believe that Sherlock Holmes exists and google essayez avec cette who know all about him. New Life Essays. I learned of the existence of this from reading an Isaac Asimov essay when I was about thirteen, and as far as I was concerned, the Baker Street Irregulars were kind of like unicorns—so I was going to have to go and have dinner with the life of bees introduction, unicorns. In order to essays, do this, I rented a tuxedo, because I’m not really a tuxedo person, and of a literature review I walked in incredibly awkwardly, and I saw Michael Dirda, which was a relief because he was the only person there I knew, and he said, “This is Leslie Klinger.” And I liked Les immediately; he looked after me, he introduced me to people, he knew everybody. At that time he was annotating Sherlock Holmes, and new life he did it brilliantly.

And then he did Dracula brilliantly. Somewhere in there he phoned me up and said, “Neil, I should do Sandman.” And I said, “No, that can wait ‘til I’m dead.” [Laughter] But one day I called him and said, “I’m starting to forget things, so that means we have to essays on fatherhood, do it now.” And also somewhere in there, I discovered that, actually, Les would say things to me things like, “Do you actually have a will?” And I’d go, “Yeah, it’s twenty years old now, and it was written when I was living in new life essays a different country and essays on fatherhood married to essays, somebody else, but yeah, I have a will.” He pointed out secret essay introduction, that doesn’t actually count, so I asked, “Will you do it?” And he said, “Yes.” And so he is technically my lawyer, and he is making me do grown-up things that need to new life, be done. He knows much more than I do about dissertation employee engagement, everything and essays is one of the secret life introduction, nicest people in the world—Leslie. Leslie Klinger: Thank you, although I have to say that when I was talking about doing this tour with another bookseller, he said it was really nice of new life, me to be so supportive of young writers like Peter Straub and cette Neil Gaiman, and helping them out by letting them have appearances with me. [Laughter] Neil didn’t mention that he wrote the essays, introduction for my Dracula book, and it’s terrific. So we wanted to have a conversation about Lovecraft. Essays On Fatherhood. By the way, I wanted to point out that this book is the essays, new annotated Lovecraft because there are other annotated versions: S.T. Joshi, probably the world’s greatest Lovecraft scholar, has done three small collections of annotated stories with his own original annotations—I’m not very original, I’ve decided to of a review dissertation, bring in lots of scholarship, here—and pictures.

NG: So the biggest difference, it seems to new life, me, between Lovecraft and some of your earlier annotations, is that with Sherlock Holmes, you began annotating the stories from the intellectual position that Sherlock Holmes existed, that Watson existed, and that Conan Doyle was just writing down stuff that had happened to them, and wherever it didn’t actually make sense, you needed to explain why. LK: Right. This is what Sherlockians call “the game.” It’s very productive of interesting avenues of study. When you approach the stories that way, you get a lot more juice out of them, because if these are historical documents, then we can justify examining in minute detail the cultural and historical elements that serve as background in life of bees essay introduction the stories. Plus, Sherlockians love to argue about essays, “Why did Holmes do that instead of on fatherhood, this,” “He got this case wrong,” and new life so on. So that was the secret of bees essay introduction, approach, there.

For Dracula , I did a mixture. Lovecraft was different, but not quite as different as you might imagine, because Lovecraft himself said that to write a great supernatural tale, it was critical that it be done like a hoax. New Life. You had to write it so that it was ninety-nine percent realistic; one percent could be the supernatural thread that ran through it. And so, there’s that incredible amount of detail to work with: historical, cultural, scientific, amazing stuff in the background. NG: Let me just get a quick show of hands, in terms of what we’re going to talk about next: does anyone here—and do not be embarrassed to raise your hand—not know who H. P. Lovecraft was, or not know much about google cette orthographe, him? [People raise their hands.] Okay, well, that’s absolutely enough of you— LK: Like my entire family, when I said I was doing this book, they said, “ Who? ” [Laughter] NG: So let’s put Lovecraft into some kind of context. Les, who was H. P. Essays. Lovecraft? LK: Well, he was unfairly tagged as a recluse, but he was a strange—and that’s a good word, I think—a strange gentleman who was born in 1890 and died in essays 1937; he was born and new life raised in Providence, Rhode Island, and spent all but two years of his life there.

He fancied himself to some extent as a sort of essays, reincarnation of an essays eighteenth-century gentleman. This is dissertation employee engagement, probably what many of us writers who don’t sell large quantities of books say, but he disdained the commercial aspects of writing; he actually wrote at new life essays some point that if only one reader read his works, that was okay with him, because he wasn’t writing his material for a commercial audience. He was a polymath, a prodigy who began writing poetry at the age of seven. He wrote an astronomy column in his early teens for benefits of a dissertation, the local newspaper—he loved science and astronomy. Essays. He did not go to college. He formed a circle of friends through a group called the cover, United Press Association, which was a strange, pre-Internet sort of new life essays, Facebook group, if you will.

It was a group of amateur writers who published their own journals and circulated them among themselves, and mainly wrote for each other. They wrote fiction, essays, poetry, everything. And Lovecraft became the president of the association—so much for the recluse!—but he was mainly communicating with these people via correspondence. He began quite early probably what is today the most prolific career of letter writing of anyone in history. NG: And he wrote, like, 50,000-word letters! LK: Absolutely. Some of the letters are seventy pages long. It’s estimated he wrote probably as many as 100,000 letters during his lifetime. Disagreement Essay. Some of them are postcards with cramped little handwriting squeezing in as many words as he could, and some of them are very long.

They ranged from new life essays, his ideas about ice cream and essays cats and essays ancient history, to philosophy, politics, and aesthetics. His correspondence included people like Robert E. Howard and Clark Ashton Smith and other early fantasy writers, and they discovered that they had great interest in the same things. Essayez Cette Orthographe. That correspondence is being published slowly; there was a Selected Letters that came out in new life the 1960s, and now we’re up to maybe fifteen volumes of letters that have been published—and there are still dozens more to go. It’s fascinating to read them. But, Lovecraft wrote only eighty-five stories. Like I said, he was a complete commercial failure. His stories appeared in Weird Tales , which was a pulp magazine. There are some modern equivalents, I guess, but back in those days it was the pharmacist letter ashp, primary outlet for writers of these genre.

And it paid terribly; he was getting twenty-five dollars or so for a story. In order to help make a living, he began doing what he called revisions: he would take on stories written by new life essays other people—he probably could’ve helped you, Neil! [Laughter]—and for a fee, he would edit and essays even rewrite the work. New Life. Some of the stories that came out are probably ninety-five percent Lovecraft, five percent author. NG: Didn’t he write with Harry Houdini? LK: He did. Houdini people don’t necessarily know, but he was a movie star, he had all these adventure films, and he wanted to write a sort of a spy story about a cult under the pyramids, and Lovecraft was commissioned to write it. But in general he was very poorly published, and there was only one book ever published in his entire lifetime: a single story called “The Shadow Over Innsmouth.” It wasn’t until his death in 1937 from stomach cancer, a really ugly death that he wrote about in some detail in google a “death diary,” that his friends decided he needed to new life essays, be out there, in the world. And they started it.

LK: Indeed, August Derleth from pharmacist, Sauk City, Wisconsin, who formed a small company with a friend named Donald Wandrei. Derleth had never met Lovecraft, but they had corresponded extensively; he was quite young. He and Wandrei, who was a good friend of Lovecraft, decided to new life, put out on fatherhood, a book called The Outsider and essays Other Stories . They sent it around to cover letter ashp, critics, and they actually got some traction with reviews. New Life. Then there was more and more. NG: And they named their press Arkham House. LK: Yes, after the town in disagreement essay which a lot of Lovecraft’s stories take place.

It published other things as well; happily, Derleth was also a great Sherlockian. He wrote a wonderful series called The Solar Pons Stories , also published by new life Arkham House. Moral. But Lovecraft started to get broader and broader attention. And then along came Edmund Wilson. Edmund Wilson was one of the great critics in America—just ask him! [Laughter]—and he wrote a piece about Lovecraft’s writing: he hated it. Hated it, hated it. I think of the new life essays, movie Amadeus in which the essays on fatherhood, emperor says there are too many notes. That’s sort of how Wilson felt about essays, Lovecraft’s stories: too many words. Lovecraft deliberately cultivated an antiquarian style and used a lot of big words, and that’s probably a quarter of my footnotes—just explaining what those words mean. NG: I remember as a thirteen-year old trying to read Lovecraft and benefits of a literature dissertation having to go and new life find not just the moral, dictionary, but the Oxford English Dictionary—the one in two volumes that came with a magnifying glass—in order to new life, find out what words like “batrachian” meant.

Frog-like. The people of Arkham tended to be squamous and batrachian. [Laughter] LK: So Wilson hated him, and he put Lovecraft—again, happily—into the same dark corner as the Baker Street Irregulars; adults who were interested in that sort of material were not worth his attention. Fortunately we got past that, and avec cette Lovecraft was really discovered by the academics in the 1970s, when pop culture became an new life accepted curricular item, and now he’s taught in secret of bees introduction a wide range of courses. The real canonization of new life essays, Lovecraft occurred when Peter Straub edited the Library of America edition, which came out in 2005, I think, and the fact that Norton was willing to do my annotated book in their series is sort of a second boost. Dissertation Employee. So it’s an amazing arc. Essays. There is a brilliant introduction to the book written by Alan Moore, by the way, in which he talks about this. So I want to talk about employee engagement, you and Lovecraft, too.

I read Lovecraft very late in life—“late in new life life” sounds like now!—but you read Lovecraft as a teen. NG: I did. I was about eleven or twelve. It was a wonderful time to be a lover of fantastic fiction. Moral Disagreement. In America, and to a lesser degree, in England, you had publications which brought Lord Dunsany, James Branch Cabell, all these people back into print. NG: This is the new life essays, very early ’70s. Granada Books in secret essay introduction England had an amazing color artist named Bruce Pennington who did these beautiful covers of essays, books that they brought back into print by Clark Ashton Smith. Letter. So I picked up the Clark Ashton Smith books and kind of liked them, but they mentioned on the back H. New Life. P. Lovecraft.

So I found a copy of a book called The Outsider and Other Stories . Benefits Of A Review Dissertation. That first story just made me ridiculously happy—and it’s an incredibly simple story! It’s about a guy who’s sort of climbing up this tower, trying to get away from the essays, dark and the horribleness; he gets to essays on fatherhood, the top of the new life essays, tower and comes out, but when people see him and scream at him, he realizes that he is a horrible monster, and he goes back into essays on fatherhood, the tower and essays starts climbing down. Though a story like that sounds vaguely risible, as executed by Lovecraft it’s beautiful. At that point, reading those stories, I remember being a snotty enough eleven-year-old that I wasn’t very impressed with Lovecraft’s sort of sub-Lord-Dunsany stories, because I’d read Dunsany at engagement that point: I remember going, “You’re not as good.” But then I loved “The Call of Cthulhu,” I was just absolutely fascinated with the feeling that you were only seeing the tip of the iceberg. I think that was the thing that attracted me as a teenager to Lovecraft—the idea that he had this huge self-contained universe that perhaps he understood, and things linking the stories, like the new life, Necronomicon of the dissertation employee engagement, Mad Arab, Abdul Alhazred—all of essays, these sort of literature dissertation, weird things that would crop up that you never quite understood, because it would all drive you mad when you read it, and then you would die at new life the end of the employee engagement, story, often while writing. Essays. And you would die in italics. Dissertation Employee. I’ve got to say, I was always filled with admiration for Lovecraft’s narrators, because they keep writing—they’d be going, “The thing is coming up the stairs. I can hear it. Essays. Oh my God, the door is opening.” And you think, “Just put the pharmacist letter, pen down and run!” LK: Well, that early exposure explains why you’re you, and I’m a lawyer. New Life Essays. [laughter] Lovecraft’s narrators tend to be very ordinary people. They’re people who looked into things that they probably should have left alone . And he really did that well in these stories.

NG: Well, some of them had just moved into houses. There was a lot of at-risk real estate warnings: “You have rented the pharmacist ashp, wrong flat.” LK: So, “The Outsider” is one of the stories that everybody’s already yelled at me about new life essays, not including, and a few others that did not make it were “The Shunned House,” “The Rats in the Wall,” and “The Terrible Old Man,” but the stories that are included are, I think, some of his very best: “Call of Cthlulhu,” “The Shadow Out of essayez avec cette orthographe, Time,” “The Shadow Over Innsmouth,” “Charles Dexter Ward,” and essays my very favorite, At the Mountains of Madness . And I’ll tell you now, as my apology, Norton has this strange attitude: they love literature, they love books, but they actually feel like they want to sell them. This is very bizarre for a publisher. Essays. So there was a size issue: in order to keep it as a $39.95 book, it needed to be merely 860 pages with 300 photos, that sort of essays, thing. So we had to cut something.

What I ended up doing as a sort of unifying principle was to secret of bees essay introduction, include stories that relate to what Neil described as Lovecraft’s universe, or mythos, as it’s known. Some of new life, them are very early stories—“Dagon,” “Beyond the Wall of secret life, Sleep”—I think those are important to see his evolving technique and his growth, how he mastered the technique in later stories. New Life Essays. Those are the first stories in employee engagement which we see the mythos appear. So I’m sorry that it wasn’t everything, but it couldn’t be, without being at least two volumes. NG: One of the new life essays, things that fascinates me about Lovecraft, and essay I’m one of the people who this has affected, is the urge to essays, go and play in the sandpit, as it were.

One of the very first things I ever wrote was a short story called “I, Cthulhu,” which was when I was probably nineteen or twenty. I’d been reading a lot of Robert Nye, weird autobiographies in weird voices, and I just loved the idea of doing Cthulhu. Disagreement. So, I sat and wrote that, and sent it off to new life, . . . nobody, because I was nineteen. I wound up getting it published almost accidentally in a magazine called Dagon in my mid-twenties, when I was asked if I had anything Lovecraftian sitting around, and I said, “I’ve got this thing.” I gave it to moral disagreement essay, them, and I added a very long letter afterward, a sort of afterward about the new life essays, correspondences between H. Benefits Review. P. Lovecraft and P. G. Wodehouse. [Laughter] I think I was— LK: This is not a joke, by new life the way. There are others— LK: Okay, but now, it’s become a whole— NG: —it’s become a thing. I remember coming up with “Scream for Jeeves,” “It’s the Call of Cthulhu, Jeeves,” [Laughter] . Benefits Of A Literature Dissertation. . New Life. . Also, I’m talking about P. G. Essays On Fatherhood. Wodehouse’s H. New Life Essays. P. Lovecraft musical, “Cthulhu Summer.” I remember even writing some lyrics for it . . Cette Orthographe. . I may just be a bird in a gilded cage. A captive like a parakeet or dove. But when a maiden meets a giant lipophage.

Her heart gets chewed and broken, like that old adage. —I’m just a fool who. Thought that Cthulhu. Could fall in love. LK: I’m sure everyone in the audience knows about my favorite Lovecraft crossover piece that you wrote, the award-winning, incredible “A Study in Emerald,” in which Holmes meets Cthulhu. NG: That was a grownup one. As an adult, I wrote two Lovecraftian pieces; one was a story called “Only the End of the World Again,” and then some years later Michael Reaves called me up, and said, “I’m doing an anthology of Sherlock Holmes meets Cthulhu stories. New Life Essays. Can you do something for me?” That seemed like the most fundamentally stupid premise for an anthology I’d ever heard, because everything about Holmes is about rationality, everything about Holmes is the google essayez, idea that things can be understood, that you can look at somebody and deduce that they are a thirty-five year old Latvian housepainter with a deaf left ear and an incontinent cocker spaniel. And everything about Lovecraft is about looking at new life somebody and employee not understanding that they are a remnant of a dead god from a formless cosmos whose very real appearance will drive you into madness and beyond.

Trying to new life essays, crossbreed these things is pharmacist cover letter, like trying to crossbreed a greyhound with Gibbon’s The History of the Decline and Fall of the Roman Empire . . . they don’t breed. And then I thought, “Well, hang on. New Life. What if I actually made my entire world Lovecraftian and set a Holmes figure in there with the dissertation, forces of rationality? What would happen then?” There are very few stories that write themselves, but that was one of those lovely occasions where the story kind of did all the work for me. And then I went on to collect Hugo Awards and things for it, and look very smart, and new life feel very awkward, because I had no idea how I’d done it. LK: That also birthed another subgenre. I don’t know if you know the computer role-playing game Sherlock Holmes: The Awakening , in which there are serious Lovecraft elements, and things come out that Watson probably didn’t think were going to . . . you started that, too.

They probably didn’t send you any money. . . . NG: No, they didn’t, but that’s alright. LK: I want raise a topic before anyone in the audience does. There’s been a great deal of secret introduction, controversy recently about the World Fantasy Awards. New Life. The statue given to review dissertation, the award winners is new life, a bust of Lovecraft. There has been a proposal to change that because Lovecraft was a serious racist.

LK: This is something that is very troublesome about Lovecraft, because when you read his correspondence, it’s very clear that he hated Jews, blacks, Hispanics, Portuguese, Italians—just about anybody who wasn’t an Anglo-Saxon Protestant from Rhode Island. He actually married a Jewish woman, which is kind of hard to understand, because she had assimilated—she was an “okay” kind of Jew, because she didn’t look Jewish or act Jewish, he said. He had a couple friends who were Jewish who had similarly assimilated. When he went to live in New York for two years, he hated it. It was like being sent to Hell, to be surrounded by the crowds of what he called mongrels—and this was a very serious part of his character. He supported Hitler in the early years; he was also a New Deal supporter, interestingly, and review dissertation a proponent of eugenics. NG: When I was a kid, I remember reading a wonderful novel by Norman Spinrad—a very fine science fiction writer, not as well-known as he should be—called The Iron Dream . In the book’s alternate universe, there was a novel written by new life essays a former housepainter named Adolf Hitler who had become a science fiction writer, and then come to America and actually achieved some popularity in the ’40s and moral ’50s as a science fiction writer; his great novel was called Lord of the Swastika . I remember reading it and being kind of both shocked and educated at the places that fantasy and horror take their energy, or can take their energy, from, and the idea of this Hitlerian figure writing an essentially standard science-fiction/science-fantasy/fantasy novel with a lone hero facing the mutant hordes as being all about revulsion at the Other. Lovecraft’s fiction, it seems to me—without wishing to get into a kind of pop psychology—takes enormous amounts of energy from several places: one is just absolute revulsion and fear of new life essays, other people who are not like him.

There’s obviously a lot of very weird stuff about cover ashp, women in there too—you would never want to sit down with Lovecraft and say, “So, tell me how you feel about female genitalia.” I suspect he would start pulling out essays, words like “eldritch” and “batrachian.” LK: Fishy! I think you’re right about that. I think psychologists, biographers, etc., have said the outsider was, of course, Lovecraft, himself. NG: Which is one reason why I think that story resonates so well with any awkward eleven year-old. You read The Outsider and you go, “This is me!

I am the creature! That is why nobody likes me, and I’m reading books!” LK: When you read Lovecraft’s stories, there is literature, very little—with the exception of essays, a story called “The Horror at Red Hook”—overt racism. There’s a little bit in “Herbert West,” but it’s covert: they’re not black people or Asian people or people of color, they have gills! So I think you’re right; the idea that they’re outsiders, and cover letter despicable, I think really powers the fiction. NG: It is an engine, and it’s not a good thing, but without it, I don’t think we’d have the fiction. The H. P. Lovecraft award that is given, the World Fantasy Award, is a sort of Easter Island head . . . Essays. . LK: By the cover, way, in my book I have a picture of the Easter Island statues, because you can compare it to the picture of essays, Lovecraft, and essayez avec cette they really do look alike. Essays. Which opens up all kinds of strange questions. NG: Most people I know that have gotten one of these are very uncomfortable with them. I was made a wonderful little bowler hat for mine. I know someone who had a Rastafarian hat with little curls.

I would not mind at all if they changed the award. The point is it’s the World Fantasy Award, not the Lovecraft Award. Cover Ashp. And it’s not about Lovecraft, it’s about new life essays, fantasy. LK: I think that racist element really does power his stories. Another factor is benefits of a dissertation, that this is a man who had both his parents die in an insane asylum—the same insane asylum, by the way—and was deeply worried that he was going to find himself going insane at some point. NG: Fear of insanity, even more than fear of monstrous things from beyond the galaxy to whom we are but infinitesimal specks of essays, dust in the cosmic void, is the biggest thing that powers Lovecraft—can you imagine, the body horror of someone who may well be terrified he has some sort of review, syphilis? LK: Yes, which is what his father died of, and essays he called it a mental breakdown. We should also mention that there is a mention of secret life of bees, Sherlock Holmes in the book, because I, of course, wrote it.

Lovecraft was a Sherlockian, living in essays those wonderful years when the google essayez cette orthographe, stories were appearing in The Strand magazine, and he was a teenager at new life essays just the of bees essay, right time. He had a little Sherlockian club in which he was Holmes and everyone else had sort of lesser roles . . . and new life some of the stories clearly have imagery drawn from the stories. The story called “The Hound” is definitely an homage to The Hound of the Baskervilles . For better or for worse, there are always Sherlock Holmes connections for me, I see them everywhere. We wanted to leave time for pharmacist cover, questions from the audience . . New Life Essays. . does anyone have any questions? Q: Why H. P. Lovecraft? What drew you to him, his style?

LK: Mainly it was that Norton wanted to do this. They didn’t ask me to do it, but when I suggested Lovecraft, they said, “Yes, that’s a great idea!” I think the reason they reacted that way, and essays on fatherhood the reason I enjoyed it so much, is because, like Holmes, like the vampire stuff, like Sandman , there is an intense fan following. New Life Essays. There is pharmacist letter ashp, a very, very strong community of Lovecraftians, and that enthusiasm out there has led to a great body of new life, scholarship—not the quantity of stuff that’s in the Sherlock Holmes world, but nonetheless, a lot of amateur writing about Lovecraft that has appeared in various journals. That’s the most important part of the essays on fatherhood, answer, the community aspect. You have to understand the process for nonfiction writers; unlike Neil, I go to the publisher and new life say, “I’d like to write a biography about this,” and they say, “Nah.” And I go, “Well, what about this?” and benefits literature review dissertation they say, “Nah!” Then, finally, they’ll say, “Yes.” As opposed to Neil, who says, “Well, I have this child here, would you like to new life essays, adopt him?” [Laughter] It’s a long process, and some of the books I’ve proposed over the years might seem a little odd. Neil wanted me to engagement, do The Jungle Book . I thought, “Wow, that’d be great! All we have to do is convince a publisher to actually publish it.” I wanted to do The Lodger , I don’t know how many of you know that wonderful 1913 novel by Marie Belloc Lowndes; it’s a retelling of Jack the Ripper. I would love to do that. But these are books that are not in the mainstream.

NG: I suppose Lovecraft is new life, interesting in that he has this weird sort of cover ashp, quantum position where he’s absolutely outside of the mainstream, and new life essays yet somehow the mainstream has wandered over to the little puddle where he lived, and flooded over him, and of a review now he is new life, everywhere. LK: Yes, and that is a common thread in essays the books that I’ve done—people saying, “Oh, maybe that is good stuff!” Look at how hot Sherlock Holmes is right now. And Dracula was discovered in the ’70s by essays the academics, who said, “Wow, this is moral disagreement essay, great literature.” My next book is on another one of those books, Frankenstein , now adopted by every academic curriculum in the country for queer studies, Marxist studies, feminist studies, etc.—why? People don’t really know why. There are probably more Cthulhu Christmas ornaments sold than copies of Lovecraft’s books, but he’s pervaded culture now—and why?

I wanted to look at new life essays that. Q: Did you go to Providence? LK: Yes, absolutely. My first trip was the NecronomiCon that was held that summer. There’s another one next year for the 125th anniversary of Lovecraft’s birth. One of the things I loved about doing the research was to see the incredible amount of pharmacist cover letter, research that Lovecraft had done. So a story like “Charles Dexter Ward” is so rich in local history that it’s great fun.

I have a few photographs of essays, my own, but I have a couple friends who took hundreds of disagreement, photographs of Lovecraftian sights, and we’ve included a hundred of new life essays, them in the book. This is one of the great treats of doing annotated things—I think of it as reverse engineering. Dissertation Employee Engagement. When I was doing Sandman , I felt it would be cheating to pick up the phone—since I couldn’t call Arthur Conan Doyle or Bram Stoker—to call Neil and say, “What does this mean?” and new life essays “Why is avec, this here?” and all that. NG: Why have you got him reading a book of poetry that, according to everything I could find, was not published for another eight months? [Laughter] LK: Well, OK, I nailed you on new life, that one. But by and large it was really fun to moral disagreement, do the research and say, “Look! There’s where Neil got that!” You won’t believe the amount of research he did in writing these comics on a monthly schedule, it’s an incredible amount of research! One of my favorites is from new life, one of the first Hob Gadling stories, in which a minor character, an old woman prostitute named Lush Lou, wanders in, and I said, “Boy, does that ring a bell.” I discovered it was from pharmacist letter ashp, a Victorian account of new life, life on the streets published in pharmacist 1850, and you had read it, and used it! So that’s a great joy to me, finding this sort of minutiae, if you will.

Q: Are there any movies that capture the spirit of Lovecraft? NG: I would, oddly enough, just for the ending, point to Cabin in the Woods . Even though it’s funny, and it’s postmodern, the ending is so purely, deeply Lovecraftian. I think that’s the reason why Lovecraft found it so hard to be published during his lifetime. The underlying spirit of American short story publishing was this wonderful can-do, we will work it out, people are smart, we will conquer things—it’s all about beating things, and winning. New Life. Lovecraft is all about going, “Even if we beat this one thing, we are but tiny specks doomed in an incomprehensible universe which hates us.” [Laughter] Which is employee engagement, sort of out of keeping with the can-do spirit of America.

LK: The pulp tradition was very much that brave young men saving large-breasted women sort of thing; Lovecraft hated the other writers in pulp, he didn’t want to new life essays, be in that company, but it was the only place he could get published. NG: I would say In the Mouth of Madness , that was an dissertation employee engagement interestingly Lovecraftian movie—I wish Kim Newman were up here, because he would probably spout a bunch of films that you’d never have thought of—“Oh, Tarkovsky!” LK: I just did a talk at the H. P. Lovecraft Film Festival, and I said, “I don’t think there’s ever been an adaptation of a Lovecraft story that has ever been successful.” They’re very difficult to film, because of the essays, way the story’s told. But my favorite is John Carpenter’s The Thing , which is moral disagreement, as Lovecraftian as it gets. I have high hopes for Guillermo del Toro’s At the Mountains of Madness , if it ever gets made. Q: What do you think of Lovecraft incorporating the essays, writing of earlier writers in his mythos?

LK: So, first of all, he was disappointed in himself for not being more creative. Moral. At one point of essays, his career he said, “I see my Poe stories and I see my Dunsany stories—where are the Lovecraft stories?” Clearly, he was a great student of supernatural literature. He wrote a masterful essay called “Supernatural Horror in Literature.” NG: A really, really good essay. It describes a lot of the threads. You can see people like Arthur Machen and how his story, “The Great God Pan,” is something that Lovecraft fed off. LK: Absolutely. He was very open to being influenced by other writers. NG: He was also good about crediting. I never feel that feeling that you sometimes get from writers where you go, “Oh my god, you nicked that from secret of bees, here.” He was always very open and essays generous about his influences. The essay sends you to places you might not otherwise go—he sends people to writers like Arthur Machen.

LK: And he was very unselfish about his own writing, as well. This was really the first time we ever saw a shared universe where Howard and disagreement Ashton Smith were freely sort of new life, exchanging characters. NG: The incredibly young Robert Bloch who wrote Psycho was—what was he, sixteen?—when he was corresponding with Lovecraft. LK: Right. So these writers were very willing to co-create things, and pre-Internet, you know. It’s now fairly common to see shared universes, and what we would call fan-fic. This was professional fan-fic, I guess. NG: One of the loveliest things about of a literature, his willingness to share, as well, is that it meant that after his death, nobody who owned nor claimed to own nor claimed to control Lovecraft’s fiction ever stopped other people from doing something with the Lovecraft world, which I think is really kind of cool. That genie was already out of the lamp. Q [from a 5-year-old girl]: I liked Coraline . NG: Really?

It wasn’t too scary? LK: I take full credit for it. [Laughter] NG: You know, it’s funny, because Les and new life essays I were having a cup of coffee before coming here to of a literature, talk, and we were talking about essays, H. P. Lovecraft in google essayez avec cette orthographe my stories; I was saying there are big, obvious ones, like “A Study in Emerald,” or whatever. But there are also much less obvious ones, and Coraline was one that I pointed to essays, and said, “Really, that’s probably my most Lovecraftian story, even if it is a Lovecraftian story for little girls of all ages.” LK: I have a problem with my grandchildren who want to of a literature, read my books and I generally steer them away from them and point to Neil’s books instead.

I said, “But not Sandman . You can’t read Annotated Sandman yet. Sorry.” Lovecraft probably, you know—baby Cthulhu? There’s a market there! But he didn’t go there. [Laughter] Q: What’s your favorite Lovecraft story? LK: It’s At the new life essays, Mountains of Madness , for me.

That’s really almost not a horror story, it’s really a science-fiction story more than a horror story. If you want to put a label on it. NG: Julius Schwartz, who was an editor at benefits literature dissertation DC Comics, once told me very proudly that he had been Lovecraft’s agent, and that was Lovecraft’s only major professional sale, and he had done it. I quoted him on that in some introduction, and S.T. Joshi wrote an essay explaining that I was an idiot, [Laughter] and pointed to all these other places, and I’m going, “Well, it’s the guy who told me that who may have got it wrong.” LK: It was in essays Amazing Stories . It wasn’t a Weird Tales story, it was in Amazing Stories , which was a science-fiction magazine. The reason I think that that’s his best story is literature, because it does so well what I was talking about earlier, this sort of “hoax” element. It reads for most of the story like almost an academic report on essays, a scientific expedition. Pharmacist Letter Ashp. The quantity of science in there is incredible—and, as far as I can tell, as a non-scientist annotator, accurate about the geological aspects of the Antarctic, and paleontological things, and essays so on.

It builds up to this incredibly scary finish. So that’s my favorite. NG: My favorite is probably “The Outsider,” because it was the first, and it was like being hit over the back of the head with an dissertation employee H. P. Lovecraft-shaped brick. Although, I think that beyond that there’s two others: “The Call of new life essays, Cthulhu” itself, which, again, is essays on fatherhood, a very strange story—it’s built up from a newspaper report, and it doesn’t really have a plot and a storyline and new life essays characters, it just convinces you, which I love—and then there’s a story, and I’ve forgotten the name of the story, it was actually finished by August Derleth. It’s one in which Derleth didn’t know that the correct spelling of “caiman,” the alligator, is letter ashp, C-A-I-M-A-N, not C-A-Y-M-A-N. LK: Was that “The Lurker at the Threshold”?

NG: Yes, definitely something creepy. And it has a Gaiman. Essays. These Gaimans hang everywhere, people start turning into Gaimans. I was particularly fond of that. Disagreement. [Laughter] LK: It’s not in the collection, it’s classed as a revision, and there’s none of the revisions in new life essays the book.

There is an appendix that lists them all, if you want to dissertation employee, track them down. Q: Did either of new life essays, you young guys see the benefits review dissertation, Night Gallery episode with Professor Peabody’s last lecture? Q: Lovecraft is a stuttering student. Derleth keeps picking on the professor, who keeps saying you cannot pronounce the essays, name of . . . And at the very end the professor pronounces it, and becomes a monster. NG: I think that’s why I never actually worry about dissertation employee engagement, how you actually say “Cthulhu.” Les is new life, much more accurate than I am, he just says [mumbles incoherently] [Laughter], I just say Ka-Thu-Lu, because that looks about right. When I wrote my story “I Cthulhu”—you can find it online, I never collected it because it was never really good enough—the first line in Cthulhu dictating his autobiography is “Cthulhu, they call me. Great Cthulhu. Nobody can pronounce it right.” [Laughter]

The idea is, if ever you actually pronounce it correctly, rather like pronouncing the life essay, name of God in Jewish Kabbalistic thinking, the world ends, and you definitely turn into something incomprehensible, with too many tentacles. LK: In a letter, Lovecraft tried to answer how you do pronounce it, and he did explain that it was “Klu-lu,” but he also said, essentially, who cares? It’s an unpronounceable name; that was the whole idea. It was not a human tongue that uttered this name. NG: It’s something weird and whistle-y. Batrachian. New Life Essays. [Laughter]

LK: Well, I want to thank this young writer for life, coming up to new life essays, help me today. Thank you. Do you want to say something about not signing, or. Employee Engagement. . . ? LK: You could sign my books! [Laughter] NG: I will sit next to essays, Les, and we’ll see how this goes. They do have books by me here. It will make a small—but beautifully large—independent book shop with rent to pay probably very happy if you buy my books. LK: And you’ll want Klinger signed books, because they are really rare. [Laughter] NG: Thank you so much for such great questions, everybody. Click here to purchase The New Annotated H. P. Lovecraft at your local independent bookstore. Rain Taxi Online Edition Winter 2014-2015 | © Rain Taxi, Inc. 2015.

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