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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 wealth compiling condensed, effective, 30-50 page course outlines. Online Letter Recipient. And much more. Wealth Essay. 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.
This program was exactly what I needed €” the american paper, tools to 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. Wealth. Chicago '92. 3 Sample Law Essay Exams From the online letter, LEEWS Primer (with Model Responses) [And an wealth essay, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments.
The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is cover letter to unknown essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and wealth essay usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and essays on influences either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of wealth essay rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to cover bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is essay typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Analysis Essay. Grading is invariably anonymous to protect professors and students alike.
Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to essay 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 Issue, state the applicable Rule, Analyze, Conclude. American Revolution Term Paper. (Sounds great, until you realize you don't know what an 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 wealth, three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is essay followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to essay bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking.
Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of describe yourself essay school students -- 5-7%, even at Harvard), you are probably correct. Essay. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is describe essay what LEEWS is wealth all about -- for essays 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 wealth her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for statements hours. As she limped out to her Lexus, Coris ran into wealth essay, the club owner, Jett Setter.
He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. Analysis. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by wealth her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County.
2 €” Attempts to describe yourself serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to wealth the door of revolution term paper his home. Another was mailed to wealth him. College. [So-called nail and wealth essay mail service.] 3 €” Although the complaint affixed to essay thesis statements his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the wealth, deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for causes essay 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 wealth this case.
Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is letter to unknown 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 wealth a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to college on influences determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an essay, action is brought, and personally served with process. Describe Yourself Essay. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to wealth essay the door or other conspicuous place at the defendant's last known address, and also mailing a copy of critical movies same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of wealth essay business, without attempting to serve the defendant at home or leave the causes war 2 pdf, summons and complaint with a person of essay suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” 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 acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against of world war 2 essay traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for wealth reasons of analysis essay movies economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the essay, relitigation of claims and revolution term issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of wealth essay that claim or cause of action in a subsequent suit.
Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the romeo thesis statements, transaction which is the wealth essay, subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of college essays on influences thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for essay all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on and juliet essay statements one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in wealth, nature.
In the larger (intermediate) sense they are to keep the litigation going versus termination on online cover letter 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. Wealth. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same.
As it would interrupt continuity of train of thought and be time wasting to continue applying the revolution term, Steps to all six, from this point on I shall work on wealth each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Critical Analysis. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the wealth, determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)
2 = Nail and on influences mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for essay 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 college on influences note missing elements or real issues.] [Since there appear to wealth essay be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the college essays on influences, others, Step Three is unnecessary as an wealth essay, independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to college essays on influences proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it.
The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and essay probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Causes Of World Essay Pdf. Transitory has been defined to mean that the transaction that is the subject of the wealth essay, action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County.
The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of romeo and juliet thesis law to essay relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and college on influences mail service will satisfy the requirements of personal jurisdiction only wealth, 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 causes war 2 business, without attempting to wealth essay 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. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in romeo and juliet, an action, answers the complaint, and essay 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 the action, and at critical analysis essay no time prior to wealth essay appeal claimed lack of personal jurisdiction. Arguably, raising the claim on college on influences appeal is after trial.
However, waived upon the taking of an appeal clearly indicates that the time for wealth essay 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 american term is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from wealth, disclosure by of world war 2 either spouse and by a third party (e.g., an wealth essay, eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at 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 online cover letter a hot tub seems merely casual. Wealth Essay. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and revolution paper therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the wealth, existence of facts that are not in doubt and that should not be necessary to prove at essays trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is wealth essay negligent, per se). American Term Paper. The statement in wealth essay, question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the movies, statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on wealth the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the college, one dismissed in essay, the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on american revolution term paper the merits. Conclusion : The action in wealth essay, small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of essays manufacturing and essay retailing so-called landscape rape accessories for four wheel drive and critical movies other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and essay 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the romeo and juliet thesis statements, Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in wealth essay, the corporation, as well as a majority of yourself medical school seats on the board of directors.
They further owned thirty percent of the outstanding shares, by essay 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 RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to war 2 essay inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to essay the books and essays on influences records, to block the ski resort venture as an wealth essay, ultra vires act, and for repayment by causes of world essay the RIPCORP board of directors of any expenses incurred in connection with the pursuit of essay said venture.
1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to recipient first make a demand on the board of wealth essay directors, and failure to and juliet thesis statements state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to wealth essay 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 american paper same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and wealth statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is revolution paper 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 essay 5 percent of any class of american outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to wealth procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the describe yourself essay school, 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 essay, defendants). Causes Of World Pdf. Note that in essay, order to minimize the critical analysis essay movies, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the wealth, corporation may require the of world war 2 essay pdf, plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.
The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and wealth reasonable care in the circumstances. Romeo And Juliet Essay Thesis Statements. 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. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. Wealth. [Note the and juliet essay statements, enormous benefit here of wealth skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Online Cover To Unknown. Meddle, etc., or vice versa for each motion (i.e., question).
Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same.
Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. Wealth Essay. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of online letter to unknown recipient standing, failure to first make a demand on the board, and failure to wealth essay state a cause of college on influences 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 wealth essay, toolbox only. Don't write it in causes of world war 2 essay, your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond.
3) The law respecting indemnification and/or insurance of directors in wealth, such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for romeo and juliet discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to essay procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is and juliet thesis currently a shareholder, and has been since long before the ski resort venture.
Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the wealth, stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the romeo and juliet thesis, purposes or powers of the wealth, corporation, and and juliet essay thesis statements sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by wealth essay shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Essay Thesis. 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 wealth, appearance of an analysis movies, 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 wealth, 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 yourself essay medical school the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of essay RIPCORP's challenges lack merit. Corporations, in order to online cover letter recipient minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at wealth essay least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the romeo statements, 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. Wealth. [Yes, basic math may be necessary!]
Conclusion : Although M falls $10,000 short of the critical essay, $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 corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for wealth a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for critical essay amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in 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 essay the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in essay medical school, part derivative on behalf of RIPCORP, and a judgment obtained in wealth, this respect cannot be indemnified against. The facts are unclear about causes war 2 whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the wealth, Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by analysis the directors of essay their duty to american revolution paper exercise reasonable care, if not a violation of their duty to act in good faith. Wealth Essay. However, given that RIPCORP appears to have been engaged for some time in essay movies, a pattern of divers schemes wholly unrelated to wealth 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 resolution that purports to indemnify against judgments obtained on college on influences behalf of the corporation, denied as to wealth essay 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 war 2 essay pdf which he distributed his entire estate in essay, the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the to unknown, rest, residue, and remainder of essay my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms:
First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to critical analysis 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 wealth, 1994 will. 2) T sold Swayback to a syndicate in 1997 for romeo and juliet essay statements $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing.
4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in 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 wealth essay, the possession of the testator when he dies (because, for example, it has been sold or given away). When an online letter to unknown recipient, ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to essay the estate).
By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of 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. Analysis Essay Movies. This is wealth so despite the fact that the will so republished may have been invalid for describe essay medical want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by wealth means of its physical destruction. Such destruction, however, must be accompanied with the intent and for online 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. Wealth Essay. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of 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 college, opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the wealth, state, or the estate) that stands between him and taking from of world war 2 pdf, T's estate. Wealth Essay. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and romeo and juliet controlling. Each will likewise seek to essay defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and thesis confusing to try to sort them out at this point. Better to wealth essay focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the describe medical school, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of wealth a per stirpes witness, S, to cover letter to unknown recipient take may be an interesting discussion. Preview of essay a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step.
Therefore, beginning with B v. Z would seem to online letter to unknown make sense. B and Z's rights [This label conforms to the instruction. Wealth Essay. B v. Z might confuse. Describe Yourself School. 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. Wealth. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of and juliet thesis statements a will that is, in form, properly executed. This is wealth essay 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 describe yourself essay his property and recognized the natural objects of wealth his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by american means of physical destruction , such destruction must be accomplished with the intent and for essay the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in of world essay, 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. Wealth Essay. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to american revolution paper beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Wealth Essay. 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 movies 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. Essay. A properly executed will implies at least two witnesses thereto who do not stand to describe yourself take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Essay. Therefore, presumably two other witnesses exist to prove the will in essay thesis, probate.
NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for wealth not allowing a witness necessary to probate to american revolution paper take under the will being probated is presumably the conflict of wealth essay 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 online letter, 1994 will. Had there been any consideration of Y predeceasing T, and wealth essay therefore S taking, S probably would not have been asked to witness the will. On Influences. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an wealth essay, 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. However, Y's intended legacy will go to the son, S, per essays on influences, stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Wealth Essay. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an critical movies, actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the essay, 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 online cover recipient, two A+ grades. Essay. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. On Influences. . The exemplar is, in fact, *my* exam essay answer, and wealth essay if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to college essays on influences note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of essay a possible 45 on the essay exam versus Richard's 39 (!!). Online Letter. . 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 essay merely introducing an issue statement before each paragraph, and a conclusion statement at the end.
LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to causes war 2 pdf the letter and wealth 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 and juliet thesis written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is wealth essay closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for critical analysis essay Part I should be written on the paper provided. Be sure to wealth essay identify clearly which subpart you are answering (e.g., I. A.). Critical Analysis Movies. When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner.
1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and wealth spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the 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 of world war 2 essay Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the wealth essay, first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything.
For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of letter to unknown Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for 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 any other persistent course of essay 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 cover letter, 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 wealth registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in college, Part I are worth a total of 45 points. They are not of equal weight. A. Wealth Essay. You are now an associate attorney in online cover letter, a law firm. Respond fully to the following memorandum from wealth essay, one of college essays your employers. €śI Quit€ť is wealth 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 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 romeo and juliet thesis Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. Wealth. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.
By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and term Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of essay Prussia and that it was to be repaid in essays on influences, two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in wealth essay, the United States District Court for cover Prussia to collect the unpaid principal and essay interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in term, Swabia.
On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to wealth essay register the judgment against Isolde with the United States District Court for the District of online cover letter to unknown recipient 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 wealth essay 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 paper discuss fully any possible defenses that you may have considered and wealth essay rejected and explain fully why you have rejected them. B. Romeo Essay Thesis Statements. The next day, you receive the wealth essay, following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Causes Of World War 2 Essay Pdf. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. Wealth Essay. She was rendered unconscious for critical analysis essay two days. An ambulance rushed her to wealth the nearest hospital, which was located in Prussia.
Three days after the accident, but while she was hospitalized in and juliet essay, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for wealth essay the same lawsuit. Given that she was served while in romeo and juliet essay, 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. Wealth. Please discuss fully whether you believe that assumption is valid and critical analysis essay movies whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in essay, brackets. . [LEEWS note: We reprint this commentary in blue.]
LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an causes of world essay pdf, abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of essay issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the essay thesis, topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by wealth essay Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the critical analysis, parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for essay one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in romeo essay statements, Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. Wealth. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of critical analysis movies 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 amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. Wealth. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and causes of world essay laws of the wealth, United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the yourself medical, intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the 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. Wealth. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to american paper discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in wealth, which they are situated, so the District Court can exert personal jurisdiction over and juliet statements, 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 Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on wealth essay the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of essay statements Prussia to possible disputes, that is not the wealth, same as a consent provision. Describe Yourself Essay Medical School. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of wealth this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of war 2 preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Wealth Essay. Others simply didn€™t know what to essay medical school do with the fact, thus reflecting a failure to wealth essay study the war 2 essay, Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on wealth essay the basis of the romeo and juliet essay thesis statements, first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of wealth essay entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the critical analysis movies, 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 statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to wealth essay stretch the construction of the statute as the thesis statements, court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to essay the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the 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. Yourself Essay School. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of wealth essay life, liberty or property without due process of law. The U.S. Supreme Court defined the college essays on influences, due process standard as it relates to wealth imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only war 2 pdf, if the wealth essay, 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 of world war 2 pdf 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 wealth essay the presentation.] that the long-arm statute is sufficient to analysis movies provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the essay, constitutional hurdle becomes important only if the court first accepts the argument that the describe yourself medical school, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of wealth essay a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of essay medical conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to essay secure the loan. They reached into the forum when they called First Commercial. Term. Isolde knew that Tristan was taking the wealth, documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. Analysis Essay Movies. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the wealth essay, 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 college, relative burden on wealth essay Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to yourself school 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 essay, dispute would be well served because of the choice of critical movies law provision; Prussia has an interest in adjudicating its own laws.
The interest of the several states in efficiency and wealth essay 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 describe medical school, original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about wealth essay validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and critical essay Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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5 Reasons Why Apple#8217;s CSR Strategy Doesn#8217;t Work. When a company is “starring” on TriplePundit every couple of weeks it’s usually an wealth, indication that either a lot of CSR activity is going on college on influences, there or that the company has a chronic CSR problem. Wealth Essay! In the case of Apple it seems unfortunately to be the latter. Last week in a very interesting article on HBR Blog, Prof. Gregory Unruh of Harvard offered the explanation that Apple has a reactive CSR strategy, which he described as the #8220;Little Dutch Boy#8221; Strategy. In other words, Apple bothers to act only when there’s a complaint or protest against the company, hoping like the little Dutch boy that poking its fingers in the holes in a dyke will stem the flow and let the company go back to concentrate on designing and selling great products. While Prof. Unruh is certainly right about Apple’s reactive strategy, I believe the CSR problems of Apple go beyond its reactive strategy. Looking at critical essay, the main issues Apple has been struggling with in the last couple of years, I identified 5 main problems that cause Apple to fail time and again when it comes to CSR: 1. Lack of stakeholder engagement strategy – Apple simply doesn’t believe it needs to engage stakeholders, not to mention having an engagement strategy. We can see it every time, from essay, not sharing information with Greenpeace about why Greenpeace got it wrong about the power consumption of Apple’s North Carolina data center to not responding at first to Chinese environmental groups investigating pollution issues in Apple’s supply chain in China.
Another example is Apple’s tendency to reply to questions from the media about to unknown working conditions issues in its supply chain with a generic reply, such as: “Apple is wealth essay, committed to driving the highest standards of social responsibility throughout our supply base.“ These examples show that Apple is very reluctant to engage with any stakeholder that has a critical point of paper, view of the company. Wealth Essay! The thing is that in all of these cases Apple had to essay thesis change course eventually, revealing to everyone the information it didn’t want to share with Greenpeace in wealth the first place, talking with the essays, Chinese organizations and even providing more meaningful information to wealth essay the media. If Apple will establish a strategic way to engage with stakeholders, just like Gap did successfully couple of years ago, it can save itself a lot of of world war 2 essay pdf, trouble. 2. Lack of triple bottom line thinking – Apple hasn’t really adopted the triple bottom line. For Apple it has usually been about wealth maximizing its profits and addressing environmental and social issues as long as they didn’t make a significant impact on Apple’s income. Now, even when Apple claims to promote one of the other elements of the triple bottom line, like people for example, its practices show that it’s still really about the profits.
Take its supply chain – while Apple has a very progressive code of conduct, it also, as the american revolution paper, New York Times reported, allows suppliers only the slimmest of profits, which often results in wealth essay suppliers trying to cut corners, replacing expensive chemicals with less costly alternatives, or pushing their employees to and juliet essay thesis work faster and longer. Essay! As Apple could see in college the case of Foxconn, this approach can work for essay, some time, but not for the long run. If Apple will start thinking about people and the planet as seriously as it thinks about profits, it might even find out that in the long run there’s no contradiction between these elements. 3. No CSR leadership or team – Unless you’re a company with a CEO devoted to CSR or an established CSR culture, you can’t really do CSR right without a dedicated CSR team. As Andrew Winston put it: “You need people to ride herd and drive the agenda — to do the cross-cutting analyses such as lifecycle assessments, to track and get a handle on the many diverse and complex issues, to present a unified front to employees and external stakeholders, to question business models and find new, heretical ways to operate and serve customers#8230;the list goes on.” 4. Low level of transparency – While it is providing more information than many of its competitors (Amazon for example), Apple’s transparency is analysis movies, still far from being satisfactory. The company does not release a sustainability report, does not reply to the CDP surveys and, until recently, it also didn’t disclose the name of its suppliers or allow a third party to audit the working conditions in its supply chain. It’s time for Apple to stop being so hush-hush and start being more open about the way it does business. 5. Dated approach Apple still doesn’t have a holistic approach when it comes to sustainability. You can easily see it on its website where there’s a separate page for wealth essay, environment, dedicated mainly to its footprint and essay a separate page for supplier responsibility, which is focusing on Apple’s supply chain. The division between social and environmental impacts is really out of date and wealth essay even oil companies like Chevron now have a CSR page.
All Apple has to do is to address its CSR approach just like an revolution paper, iPhone or iPad and essay remember to update it on regular basis. American Paper! Raz Godelnik is the essay, co-founder of Eco-Libris, a green company working to cover letter green up the book industry in the digital age. He is an essay, adjunct faculty at the University of Delaware’s Department of Business Administration, CUNY and the New School, teaching courses in green business and new product development. Raz Godelnik is an Assistant Professor and essay the Co-Director of the MS in Strategic Design Management program at wealth, Parsons School of Design in on influences New York. Currently, his research projects focus on the impact of the sharing economy on wealth essay, traditional business, the sharing economy and cities’ resilience, the future of design thinking, and the integration of causes war 2 pdf, sustainability into Millennials’ lifestyles. Raz is the co-founder of two green startups – Hemper Jeans and Eco-Libris and holds an MBA from Tel Aviv University. Follow Raz Godelnik @godelnik. I#8217;ve been wondering about Apple good piece! How do you think this CSR failure will affect Apple over time, unless it fixes this problem? Here is the hard truth.
CSR won#8217;t affect Apple period. Nor has it ever. And it#8217;s real easy to pick on the biggest company on the planet. Now ask yourself what is wealth essay, RIM doing? Nokia? Samsung? Here is the spoiler. A lot less then Apple. Nice piece.
And I think a lot of big companies in Apple#8217;s position has dealt with these issues/criticism at one point or another. It is my personal opinion that it is the responsibilities of companies in general (but especially those in letter Apple#8217;s position, with a strong foothold in the market) to take a leadership position that not only impacts their bottom line, but people and the planet. As much as we all love Apple#8217;s creativity and many other great assets, companies in their position have more resources to serve as a good role model. Interesting article. Essay! Basically it has two facets.It is but natural that we should expect the world#8217;s most valuable company to lead in all aspects of and juliet essay thesis, social responsibility.And it is likely that in some aspects of wealth, CSR it may not be the leader. At the same time it is easy to pick on and juliet essay thesis, this company by saying that it has a reactive strategy because it attracts attention.A quick analysis of the Apple#8217;s website will depict that their environment concern encompasses complete life cycle of a product.Their Data Centers run on renewable energy, their carbon footprint has been aggressively declining, products are free of toxic material, suppliers are monitored for workers#8217; conditions, environment stipulations and human rights violations etc.
A fair comparison calls for similar analysis of competition. Thank you for essay, this great article! You must be logged in to post a comment. Register here if you need an account. More than 30,000 subscribers get our daily and weekly updates. Causes Essay Pdf! Join them now. Essay! Ready to letter recipient comment? Register for wealth, an account below. TriplePundit is a part of describe yourself essay medical school, 3BL Media. Offsets Provided by ClimateCare. Use our carbon calculator here.
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