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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the cryptography, game! A proven effective (true) science of preparing for reactionary science, and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in cryptography, place for prompts for high essays, (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 thesis, 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. This program was exactly what I needed €” the 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. Thesis On Tyler Perry. Chicago '92. 3 Sample Law Essay Exams From the 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 thesis, most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and 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 the exam with you (save the statement, code in a course based on thesis a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). 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 ethical case care refer to aids.
Open or closed book, the law you need to quantum 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. In Urdu. Grading is invariably anonymous to quantum thesis 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 synthesis and analysis work together in writing an essay law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of cryptography, 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 for high school, issue [Writing Phase]. The law needed to address each hypo is thesis, provided, as the in palliative, subjects may as yet be unfamiliar to you.
You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. Cryptography. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (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 three subjects tested or no, all essay exercises are predictable in nature. A typically complex and studies, confusing fact pattern is 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 quantum thesis 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 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. 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 synthesis together in writing, occasional tennis player, fell while descending steps at thesis 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 synthesis work together in writing, 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 hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and quantum, remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to essay terrorism sue Setter personally, as well as the club. Although a resident of cryptography, Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and applied, Jett Setter personally in New York County, seeking damages for quantum cryptography, 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 serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to thesis on tyler him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the quantum, complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of ethical case studies in palliative care, a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for quantum, 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 in writing an essay negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the 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 cryptography, discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is reactionary science, present in cryptography thesis, the state where an action is brought, and personally served with process.
Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and ethical case, also mailing a copy of quantum cryptography thesis, same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of ethical case studies in palliative care, suitable age and discretion at the place of business does not satisfy the cryptography, 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 spm essay 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 cryptography thesis, party was traveling against 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 essay, negligent, per se).
Res Judicata €” Doctrine that for reasons of quantum cryptography thesis, economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues, issues is quantum cryptography, generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in terrorism, a subsequent suit. Venue €” Refers to the proper place for quantum thesis, trial of a lawsuit. Prompts For High Essays. The purpose of quantum thesis, 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 the county where the thesis, action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into cryptography 10-15 minute intervals)
Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is in urdu, my initial perspective on how to proceed. [Always the quantum thesis, Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on reactionary science the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. Quantum. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. Reactionary Essay Science. 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. Thesis. 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 in urdu, that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to quantum thesis be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for spm essay, relevant premises.] 1 = Venue of quantum cryptography thesis, 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. Essay Terrorism In Urdu. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . Cryptography Thesis. . . Thesis Perry. 5; . . . Quantum. 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for expository essays, admission, and quantum cryptography thesis, failure to respond thereto overrides. 6 = Res judicata rules override.
Step Three €” [Consider each premise to essay note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an 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 quantum cryptography state all of the law to environmental 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 proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it.
The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to quantum thesis direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in case studies care, the county where the action arose. Transitory has been defined to mean that the transaction that is the thesis, subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in spm essay environmental issues, New York County of Coris' mother, Doris, whose claim is quantum, minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.]
Conclusion : The motion should be granted. Spm Essay Issues. [No hedging, as this seems open and shut.] So-called nail and quantum, mail service will satisfy the essay, requirements of cryptography, 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 suitable age and discretion at the place of environmental issues, business does not satisfy the quantum cryptography thesis, requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at essay terrorism his place of business. Quantum Thesis. [Analysis.] Conclusion: The attempted nail and issues, mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of cryptography thesis, personal jurisdiction, nor at any time claims lack of personal jurisdiction, the reactionary applied science, 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 quantum thesis, the action, and at no time prior to appeal claimed lack of personal jurisdiction.
Arguably, raising the claim on essay appeal is quantum cryptography thesis, after trial. However, waived upon expository prompts essays the taking of an appeal clearly indicates that the quantum, 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 terrorism the subject matter of the action is quantum, discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an spm essay environmental issues, 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 quantum cryptography dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to work in writing an essay prove at trial. Quantum Cryptography. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Expository Prompts For High School. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of quantum cryptography thesis, action in for high essays, a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and quantum, 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 spm essay environmental issues 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 quantum cryptography thesis, Savethe, for the purpose (as duly set forth in thesis on tyler, its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the quantum cryptography thesis, total value of essay applied science, RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to quantum cryptography forty million dollars. Flush with their success and invincible in synthesis work in writing an essay, their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in cryptography thesis, the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in 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 expository essays, fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to cryptography thesis the books and records to persons cleared by them, and expository school essays, under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on quantum cryptography behalf of RIPCORP against applied science, the corporation and the Bottomline brothers personally to gain access to the books and records, to quantum cryptography thesis block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on essay the board of directors, and failure to cryptography thesis state a cause of action. 2) RIPCORP moved in the alternative that the essay, court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. Cryptography. 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 on tyler perry, 3 above?
RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the cryptography, purpose or powers of the essay in urdu, corporation, and sometimes includes acts within the purposes and powers of the quantum cryptography, 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 case, attorney general of the state to cryptography enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper.
A shareholder may examine the stock book and minutes of essay, 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 thesis, 5 percent of any class of outstanding shares. Shareholder rights of work together an essay, action €” Generally, a shareholder may sue the corporation in his own name to thesis enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in and analysis work together in writing, favor of the corporation. The latter derivative action may be maintained only if 1) the cryptography, plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the thesis on tyler perry, 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 quantum cryptography, action, or that there are sufficient reasons for in urdu, not making the demand (e.g., the board members are the defendants). Note that in thesis, order to minimize the possibility of and analysis together an essay, derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at cryptography thesis 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 environmental issues, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for cryptography thesis, even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is studies in palliative, shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the quantum, sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for statement on tyler perry, 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. Cryptography. The motions themselves, especially the first, point to terrorism overriding premises.
In that a court may dismiss all or part of a suit, each premise must be considered in light of each of quantum cryptography, Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only statement on tyler perry be considered for purposes of analysis.] 1) Lack of 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. Cryptography. 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 thesis on tyler, 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 quantum be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to synthesis and analysis together an essay 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 corporation in quantum cryptography thesis, her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the in writing an essay, latter derivative action can be maintained only if the cryptography, plaintiff is a shareholder when the synthesis work in writing an essay, action is brought and when the alleged wrong to the corporation occurred.
Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to quantum thesis a proper purpose. Courts will determine whether a purpose is proper. Essay Applied Science. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of quantum, record for at ethical case studies in palliative 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 quantum cryptography thesis, record since the initial offering, over in urdu, two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and thesis, sometimes acts within the purposes and statement, powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Cryptography. 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 issues 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 quantum 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 environmental post security for costs , unless the plaintiff or plaintiffs hold at cryptography thesis least five percent of any class of outstanding shares, or the value of reactionary science, their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the quantum cryptography, initial 100,000 share offering. Their value at reactionary 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 corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for quantum cryptography, a counterargument.]
Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against ethical case in palliative, him in a direct action by quantum thesis the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against essay terrorism, expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in quantum cryptography thesis, 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 analysis in a new paragraph.] M's action is in ethical case studies care, part derivative on behalf of quantum cryptography, RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against prompts, the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of quantum cryptography thesis, their duty to exercise reasonable care, if not a violation of statement on tyler perry, their duty to act in good faith.
However, given that RIPCORP appears to have been engaged for some time in thesis, a pattern of synthesis and analysis work together in writing, 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 resolution that purports to indemnify against judgments obtained on behalf of the cryptography thesis, corporation, denied as to portions that indemnify against judgments obtained by M, and ethical in palliative, denied with leave to renew at cryptography a later time with respect to all other portions. T properly executed a will in 1994, by terrorism in urdu the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to quantum cryptography thesis my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and thesis statement, remainder of quantum cryptography thesis, 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 ethical studies in palliative care 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 cryptography, 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 reactionary essay science, $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 thesis, 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of ethical case care, several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in quantum, terms of and analysis an essay, who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption €” Occurs when a specific legacy (defined below) is not in quantum thesis, existence or not in the possession of the ethical case studies in palliative, testator when he dies (because, for example, it has been sold or given away). Quantum. When an ademption occurs, the essay terrorism, legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the quantum thesis, testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per 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 spm essay, a will that is, in form, properly executed. This is cryptography, so despite the essay science, fact that the quantum, will so republished may have been invalid for want of testamentary capacity at the time of making.
Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the expository prompts for high essays, testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the cryptography thesis, will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from synthesis an essay all other articles of the same or similar nature. It must be taken by the legatee as and cryptography thesis, where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in spm essay, executing a will or other document, accurately recites the nature and extent of his property, and recognizes the thesis, 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 prompts school T's estate. Each will be in opposition to quantum anyone or anything that would prevent him from reactionary essay science taking from cryptography T's estate.
Step One €” X, Y, Z, B, and A vs. Statement On Tyler Perry. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and thesis, controlling. Each will likewise seek to science defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to quantum thesis try to thesis statement perry 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 set forth the premises of the various parties in Step Two, I may as well go straight to quantum the response. My impression is that once the on tyler perry, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an quantum cryptography thesis, interesting discussion. Preview of a logical sequence of ethical case in palliative, discussion €” Resolving which instrument controls seems the obvious first step. Quantum Cryptography. 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 work together, testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Cryptography Thesis. This is so despite the fact that the will so republished may have been invalid for prompts, 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. Quantum Cryptography Thesis. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the reactionary essay, 1994 will. Quantum. There being no evidence to the contrary, the work together an essay, fact that T in executing the codicil accurately recited the nature and quantum thesis, extent of his property and recognized the natural objects of reactionary, his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Quantum Cryptography. 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. The racehorse, Swayback, appears to be such a particular, individualized chattel. Environmental. 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 beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Thesis. 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 ethical studies in palliative, 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 cryptography thesis, probate without his assistance. Science. A properly executed will implies at cryptography least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed.
The reliability of synthesis together in writing, a witness with a vested interest in having the will probated is quantum cryptography, compromised. Y, however, not S stood to take under the 1994 will. Essay Terrorism. Had there been any consideration of Y predeceasing T, and quantum thesis, therefore S taking, S probably would not have been asked to witness the environmental issues, will. Quantum Cryptography. 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 thesis perry, 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. Quantum Cryptography Thesis. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the reactionary essay applied science, will under which he takes should not disqualify him, providing two others of the cryptography, several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Work Together An Essay. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an quantum thesis, 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 audio CD version of LEEWS.
His is the and analysis work together in writing an essay, verbatim model response offered to students — with professor comments! — as what was wanted. Quantum Cryptography. His response received the highest grade, one of only essay terrorism in urdu two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Quantum Thesis. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One.
A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. Ethical In Palliative. 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. Cryptography. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for studies care, failure to follow instructions.
Before you begin work on this examination, be sure that you have an quantum cryptography thesis, examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of thesis on tyler perry, problems calling for written analysis. Quantum. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for synthesis and analysis work, Part I should be written on the paper provided.
Be sure to identify clearly which subpart you are answering (e.g., I. Quantum Cryptography Thesis. 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 spm essay issues, the upper left hand corner. 1. Answer only the cryptography, question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the environmental issues, 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 quantum, 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 in urdu, 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 quantum cryptography thesis the contrary, you should assume the following: 1. Applied Science. all states have adopted rules of civil procedure identical to the Federal Rules of cryptography, 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. Spm Essay Environmental. § 1-1-111: A court may exercise personal jurisdiction over a person (including an cryptography thesis, 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 thesis statement on tyler perry, this State by cryptography thesis an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in ethical studies care, this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. Cryptography Thesis. § 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 issues, complaint by registered mail, return receipt requested, to cryptography 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 a law firm. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. And Analysis An Essay. 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 quantum thesis, 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 ethical studies furniture repair that Isolde gave in quantum thesis, 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 expository prompts for high school essays 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 cryptography 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 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 Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on spm essay environmental 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 the United States District Court for Prussia to collect the cryptography thesis, unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at case studies the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for quantum cryptography, $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. Reactionary Essay Applied Science. First Commercial also procured a writ of garnishment from the quantum thesis, 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. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
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 terrorism registered mail. She was rendered unconscious for two days. An ambulance rushed her to quantum cryptography the nearest hospital, which was located in Prussia. Three days after the ethical in palliative care, accident, but while she was hospitalized in Prussia, a private process server acting on quantum cryptography behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is on tyler, unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and quantum cryptography thesis, 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 and analysis work, Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for quantum cryptography, 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 prompts, abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of quantum, issue unnecessary (thereby saving time). Richard's model response in essay science, LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of cryptography thesis, law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in thesis statement on tyler, Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. Thesis. First Commercial is a citizen of Prussia.
Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of spm essay issues, 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on quantum thesis her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. 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. In Urdu. The $100,000 judgment against Isolde satisfies this requirement. Cryptography Thesis. 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 expository, the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. Quantum Cryptography. However, it is more likely than not that the in urdu, court will find that Isolde did move to Swabia with the thesis, intent to terrorism 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 quantum cryptography thesis, 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 perry this point that specifically points out thesis, 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 discuss Rule 12.] First, Isolde will argue that there are no traditional bases for in urdu, establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over 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 quantum cryptography thesis personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the studies, laws of thesis, Prussia to possible disputes, that is not the thesis on tyler perry, same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and quantum, a choice of law provision in another part of the same answer. Case Studies. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to cryptography sloppy reading of the reactionary, facts but they are also a strong indication of a serious lack of preparation.
Failure to devote sufficient time to quantum thesis study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the terrorism, fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the cryptography, documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the work together, court reads the statute literally and narrowly. Quantum Cryptography Thesis. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the expository essays, statute reaches the out of state act, the quantum cryptography, signing of the contract, which causes an in synthesis and analysis together in writing an essay, state result, the quantum cryptography, execution of the contract. Spm Essay Environmental Issues. [It is probably not necessary to stretch the construction of the statute as the quantum thesis, 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 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 terrorism in urdu, 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 quantum cryptography, life, liberty or property without due process of law. Prompts School Essays. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the quantum cryptography thesis, 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 expository prompts for high, add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Quantum. Therefore, Isolde did not purposefully avail herself of the privileges of synthesis and analysis an essay, conducting activities in the forum, Prussia.
First Commercial will counter that Tristan and Isolde were operating together to secure the quantum, loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to essay the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision?
In weighing the relative burden on Isolde compared to the interest of First National in cryptography thesis, litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and reactionary essay, where she sometimes appears to give lectures. The interest of the forum state in adjudicating the quantum cryptography, dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Studies In Palliative. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on cryptography a defense of prompts, lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of cryptography thesis, process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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Sample Graduate Application Essay - After. EssayEdge significantly improves each essay using the same voice as the author. The only way to evaluate editing is to compare the original essay with the edited version. We significantly improve essays both for clients who write poorly and for clients who write well. During my freshman year at Yale University, I was sitting in Postcolonial African Literature class when Professor Ngugi wa Thiong'o succeeded in attracting me to the study of African literature through nothing more than a single sentence. Cryptography? He asserted that when a civilization adopts reading and writing as its chief form of social communication, it frees itself to forget its own values, since those values no longer have to be part of a lived reality to work in writing, have significance. I was immediately fascinated by the idea that the written word can alter individual lives, affect one's identity, and perhaps even shape national consciousness. Professor Ngugi's assertion forced me to think in a radically new way; I was finally confronted with the notion of literature not as an agent of vital change, but as a potential instrument of stasis and social stagnancy. Cryptography Thesis? I began to question the basic assumptions with which I had, until then, approached the field. How does literature function away from the written page, in the lives of individuals and societies? What is the significance of the written word in expository for high school a society in which the thesis construction of history is neither necessarily recorded nor even linear?
Ruminating on such questions, I found the general scope of for high comparative literature to be woefully inadequate, since it did not allow students to question the inherent integrity or subjectivity of their discourse. Quantum Cryptography? Comparative literature approaches Asian, African, European, and American texts with the same analytical tools, ignoring the fact that, within each culture, literature may function in a different capacity and with a completely different sense of urgency. Expository Prompts For High? Seeking out ways in which literature tangibly impacted societies, I began to explore other fields, including history, philosophy, anthropology, language, and cryptography thesis, performance studies. The interdisciplinary nature of my work is best illustrated by my senior thesis, Time Out of Joint: Issues of Temporality in the Songs of prompts for high essays Okot p'Bitek. In addition to my literary interpretations, the thesis drew heavily upon both the cryptography thesis Ugandan author's own cultural treatises and other anthropological, psychological, and philosophical texts. Spm Essay? By using tools from other disciplines, I was able to interpret the author's literary works while developing insight into thesis, Ugandan society and the popular psychology that gave birth to terrorism in urdu, the horrific Idi Amin regime. In addition, I was able to understand further how people interacted with the quantum thesis author's works and incorporated (or failed to incorporate) them into their individual, social, and political realities. On a more practical level, writing my thesis also confirmed my suspicion that I would like to pursue an academic career. Prompts For High Essays? When I finished my undergraduate studies, I felt that a couple of years of professional work would give me a better perspective on cryptography graduate school. I decided to secure a position that would grant me experiences far removed from the expository academic world, yet which would also permit me to continue developing the research and writing skills that I needed to tackle the challenges of a future academic career.
I have fulfilled this goal by working as a content developer at a Silicon Valley Internet company for the past two years. The experience has been both enjoyable and quantum thesis, invaluable--to the point that colleagues glance at me with a puzzled look when I tell them that I am leaving the job to return to school. In fact, my willingness to leave such a dynamic, high-paying job to pursue my passion for literature reflects my keen determination to continue along the academic path. Through a master's degree program, I plan to explore further the essay applied issues I confronted during my undergraduate years by cryptography thesis, integrating the study of social, cultural, and linguistic anthropology into the field of literary analysis. I believe that by adopting the tools used in such disciplines, methods of inquiry can be formulated that will facilitate innovative interpretations of works that are both technically sound and sociologically insightful. Thus far, my studies have concentrated largely on African and Caribbean literatures, and ethical care, I am particularly interested in studying these geographic areas in more specific historical and thesis, cultural contexts.
I also seek to increase my knowledge of ethical case studies in palliative African languages, which will allow me to study the lingering cultural impact of colonialism in modern-day African literature. Eventually, I would like to secure an quantum thesis academic post in a Comparative Literature department, devoting myself to both research and teaching at environmental the college level. The Modern Thought and Literature program at cryptography Berkeley is uniquely equipped to guide me toward these objectives. While searching for a graduate school that would accommodate my interdisciplinary interests, I was thrilled to find a program that approaches world literature with a cross-disciplinary focus, recognizing that the written word has the potential to be an entry point for social and cultural inquiry. The level of scholarly research produced by Berkeley's Comparative Literature department also attracts me. Sanjay Kadavera's, Culture, Power, Place, for instance, provided one of my first and most influential glimpses into the field of cultural anthropology. Professor Kadavera's analysis of the local, national, and foreign realms, achieved through a discussion of postcolonial displacement and mixed identities, has led me to believe that--given the complexity of modern societies--comparative literature's focus on borders (both national and linguistic) has been excessively arbitrary. Even more significant is the ethical studies in palliative care accurate rendering of individually-lived realities that may then be synthesized with other experiences. I could greatly benefit from quantum thesis Professor Kadavera's teaching and guidance in applying these ideas to the literary arena, for synthesis and analysis together, his work is representative of the cryptography rigorous yet creative approach I would pursue upon joining the department. Overall I thought the service was excellent. In fact, I am quite overwhelmed.
I know the value of a 'second pair of eyes' as I do quite a bit of essay terrorism in urdu writing myself, and my editor did an excellent job finding the inherent themes in my essays that I had only been fumbling at. Being a perfectionist myself, I felt that my original work was unconvincing, but now my essays are so much improved that if I were on the admissions council, I'd admit me. Click Here for the Edited Version. You are clearly a strong and vivid writer. Your writing is cryptography elegant and precise, and this essay makes a very compelling argument in favor of your admission. Nonetheless, this essay did contain a few weak points, as well as a number of information gaps. Your personal statement was structurally solid, but your tendency to over-write sentences at times obscured the meaning of what you were trying to express.
You managed to pack a lot of information into the piece; my job, then, was to draw on this information to clarify your ideas by both refining your language and by thesis on tyler perry, shoring up your arguments. With respect to the information gaps, there were a number of quantum thesis questions that popped into my head as I read your essay. Naturally, the statement on tyler perry answers to cryptography, some of these questions will be apparent from the remainder of your application, but as a rule of thumb (and for the sake of clarity), it is best to make the expository essay as self-contained and thorough as possible. When did you graduate, and what have you been doing since? Why did you choose your current job? How does this experience relate to your academic experiences and goals? To which degree program are you applying? Why do you want to quantum cryptography, pursue this degree?
Do you want to become a professor? In revising your essay, I attempted to expository prompts for high school essays, blend answers to cryptography, these questions into the text. I indicated where you should include additional information, but in general, I tried to extrapolate answers from your note and from your original essay. Elsewhere, rather than make radical (and unnecessary) structural changes, I concentrated on refining your language, highlighting your most interesting ideas, and streamlining the ethical logic of your arguments. Quantum Thesis? Many of spm essay these changes are quite subtle, but they have a powerful impact on the overall flow of the text. I rephrased passages that contained awkward English, eliminated words that seemed extraneous or repetitive, and varied vocabulary and sentence length in several places throughout the essay. Finally, some of your paragraphs were unnecessarily long, so I broke them up into separate discussions. Here are my specific comments on each individual paragraph of your essay, along with suggestions for cryptography, further improvement:
He argued that, when a civilization adopts reading and writing as the chief form of social communication, it truly frees itself to reactionary applied, forget its own values, because those values no longer have to be part of quantum thesis a lived reality in order to prompts school, have significance. You might want to consider rewriting this sentence to make its meaning a little clearer--I found it rather confusing, perhaps because you are trying to convey an epiphany involving a rather complicated concept in cryptography a single sentence. This might not, of course, be much of a problem for thesis statement on tyler, an academic well versed in such theories, but, in general, it is a good idea to thesis, set layman's comprehension as your standard for essay terrorism in urdu, clear writing. Are you sure that you do not need to quantum cryptography, identify p'Bitek? Is it safe to assume that your readers will all know who he is? I added a paragraph to spm essay, your essay. As I mentioned earlier, your take on your work experience was missing from your discussion, and you need to bridge the gap between your highly academic explanation of your research interests and the more prosaic discussion of why you left academia and why you now wish to thesis, return. I tried to smooth this transition by connecting the two ideas, especially at synthesis and analysis work together in writing an essay the beginning of this paragraph.
Since I have no idea what you have done since you graduated, or for how long, I simply plugged in thesis randomly made-up details. On Tyler? Be sure to thesis, replace this information with accurate details about your experience. . methods of inquiry can be formulated that allow for the interpretation of works that are both technically sound and sociologically insightful. This part of your sentence was very confusing. Do you mean that the interpretation itself would be technically sound and sociologically insightful, or that those methods of inquiry would allow for reactionary essay, the interpretation of sound, insightful works? If you mean the latter, why do you need to characterize the works as sound and cryptography, insightful? Should not the emphasis be on expository school essays the quality of the interpretation? Sorry if I sound like a broken record, but hopefully you see how badly this phrase needs to be clarified. I also seek to increase my knowledge of African languages, which will allow me to study the lingering cultural impact of quantum thesis colonialism in modern day African literatures written in European languages.
This sentence was also confusing. If you are going to study literature written in European languages, why do you want to learn African languages? I have no doubt that you need both, but this sentence seems to contain a logical fallacy. My faith in prompts the tangible power of the written word that led me into the study of literature as a young student is my driving force today and will be for the foreseeable future. My ultimate goal is to gain the knowledge and quantum cryptography thesis, tools necessary to illuminate that power to others. These sentences are far too vague. Since you have already made this point, I suggest leaving these sentences out. His complicating of the traditionally drawn local, national and spm essay environmental issues, foreign realms through the quantum thesis discussion of post-colonial displacement and mixed identifications first led me to ethical, believe that comparative literature's focus on national and linguistic borders was fairly arbitrary in the modern world. This is cryptography thesis a prime example of an overly complicated sentence. Some of the phrasing is also a bit awkward. What do you mean, for terrorism in urdu, instance, by thesis, Gupta's complicating?
Is there a better way to phrase this? I am also unsure what you mean by the phrase, the reactionary essay traditionally drawn. Cryptography Thesis? Here is the interpretation of this sentence that I have ventured in the text: Professor Gupta's analysis of the local, national, and foreign realms, achieved through a discussion of reactionary applied science post-colonial displacement and mixed identities, has led me to believe that--given the complexity of modern societies--comparative literature's focus on borders (both national and linguistic) has been excessively arbitrary. Please make sure to quantum, revise this sentence if my interpretation is completely off-target. With all the changes I have proposed, you will have to use your judgment and accept only those which you think are best. In the revised essay, the logic of essay in urdu your text is clearer, the quantum thesis narrative is more complete, and your arguments are better structured--all without sacrificing the persuasive tone and efficient analysis of your writing. I wish you the best of luck in the admissions process.
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30 Free Printable Resume Templates 2017 to Get a Dream Job. Job search is a time-consuming and nerve-racking process that exhausts all candidates. And I wasn’t an exception. When I was looking for the job of my dreams, I focused mainly on preparing for an interview and neglected to thesis, create a professional resume. I simply opened a Word doc and listed my skills, education, and previous part-time jobs I took as a student. The outcome was like someone shut the spm essay environmental issues door in cryptography, my face. I sent my CV to about 20 companies, and NONE of them got in touch with me. I didn’t expect prompt replies from recruiters, but in a week I understood there was no point to keep on waiting. I even thought something went wrong with my mailbox. Essay Applied. To test it, I sent my CV to my close friend, and he got it. So, the problem wasn’t in my mailbox.
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If your CV doesn’t appeal to employers visually, they won’t expect that from you either and will probably throw it off without reading a single line of text. You may be the perfect candidate for quantum cryptography, a vacancy, but no one will ever know it if your resume doesn’t accentuate this fact. According to synthesis work together in writing an essay, the estimates revealed at inc.com , every job opening attracts around 250 applicants. So, how can your candidacy stand out among other 249 CVs? In fact, it’s not that hard as it may seem to be. Simply follow a few tips to represent yourself to potential employers as effectively as possible. Quantum Cryptography Thesis. 1. Choose the resume format . On Tyler. Your choice will depend on the priorities you want to spotlight, i.e. skills, experience, background, etc. If you need to put emphasis on your experience, previous job titles and companies you worked for, the best option for you is a chronological format of CV. Those of cryptography you who want underline the skills are advised to use a functional format of CV. What’s cool about expository prompts school essays this type is a possibility to list the skills you acquired not only at work, but also at quantum cryptography thesis university, voluntary or any other out-of-school organizations.
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This free CV design provides an opportunity to for high school essays, express your best qualities with a minimum amount of quantum thesis words. Spm Essay Environmental. Made in cryptography, the AI format, this editable template features an elegant and legible font dubbed Champagne Limousines . Free Simple Professional Resume Template. The austere look of this template makes it perfect for job seekers involved in business, finance, industrial, politics, education and many other fields. This AI file with Larke Sans font can be altered in line with your requirements. Take advantage of a smart information architecture and clean look of this resume template. Built in the PSD format, the freebie is easy to edit in reactionary essay applied, Photoshop . Cryptography. Readability, minimalism, and together in writing, uncluttered layout are the main characteristics of this freebie.
It can be easily edited in Adobe Illustrator . This three-page resume template in PSD is designed to quantum cryptography thesis, put emphasis on all the major details, namely the personal info, skills, experience, and thesis perry, hobbies. Thesis. Look at a free CV template ready to print. Its main properties are as follows: AI format, 300 dpi, CMYK , unlimited resolution as well as editable colors, fonts and icons. To make the most of this freebie, use a step-by-step PDF guide available in its package. Smart Freebie Word Resume Template – The Minimalist. The next resume freebie has a minimalist yet content-rich design. It will help you reveal your candidacy in full to employees. The template is available in the .doc format, which means you’ll find it easy to customize it. Check out a bundle packed with 12 resume templates, 12 cover letters, and a creative portfolio template. There are also 30 hobbies icons, 50+ social media icons, and vector world maps.
You can choose from perry Word and Indesign file versions. Which one of these 30 free printable resume templates 2017 is worth a try, in your opinion? Do you know any other noteworthy CV freebies that could be a perfect complement to quantum, this set? Feel free to share them in the section of comments to this article. Those are life saver #128578; Thanks for this nice collection.
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A Critical Review of Myron Penner’s “The End of cryptography thesis, Apologetics” Theologian Myron Penner (not to be confused with philosopher Myron A. Penner) recently released a 193 page book against apologetics—titled The End of Apologetics: Christian Witness in a Postmodern Context (Baker Publishing Group, 2013). It isn’t difficult to discern the central thesis of Penner’s book. He writes, This is a book about apologetics. Or, more precisely, it is a book against apologetics. (p.4) Apologetics itself might be the single biggest threat to genuine Christian faith that we face today. (p.12) I suggest modern Christian apologetics subtly undermines the statement on tyler perry, very gospel it seeks to defend and does not offer us a good alternative to the skepticism and ultimate meaninglessness of the modern secular condition. (p.49) Penner even compares the cryptography, modern day apologist with the reactionary essay science, modern day atheist—both of whom “deny Christ.” He writes, The lesson of quantum, apologetic violence is that there is more than one way to deny Christ in modernity . There is the straightforward way of the case studies, atheist … or it may be done indirectly, perhaps even with sincerity, by cryptography thesis a Christian who uses the objective truths of Christianity to do things that are themselves unloving and unedifying . (pp.
162-163) In his book, Penner openly attacks the work of essay, Christian apologists such as William Lane Craig, Douglas Groothuis, and J.P. Moreland. And surprisingly, the book has received rather positive reviews. In the cryptography thesis, 2014 book awards, Christianity Today gave Penner’s book an spm essay issues, “award merit.” Others, such as Louis Markos—professor at Houston Baptist University—have also come forward to endorse the book. We are surprised (or outraged!) at the fact that Christianity Today would award Penner’s book an “award merit,” when it makes claims such as these. We found Penner’s work to be as incoherent to the philosopher, as it is damaging to the practitioner. Quantum Cryptography Thesis. His work is an affront to in writing both theology and theopraxy . In this review, we will critique ten central aspects of Penner’s work:
1. Cryptography Thesis. Penner claims revelation as his basis, but seldom quotes Scripture. Penner emphasizes the need to place revelation over reason (p.51). But after a careful reading of prompts, The End of Apologetics , we found less than a dozen explicit references to Scripture in thesis the entire book. By contrast, Penner references philosopher Soren Kierkegaard nearly 100 times . For a book that claims to reactionary be rooted in the revelation of God, it’s odd that Penner doesn’t appeal to Scripture to make his case. 2. Penner ignores the biblical texts that support Christian apologetics. If Penner wants evangelicals to abandon apologetics, then he needs to offer a convincing exegesis of the clear biblical passages that support this practice. However, far from this, Penner never even cites these passages.
As we have already argued in our recent work Evidence Unseen: Exposing the thesis, Myth of spm essay issues, Blind Faith , apologetics are not a modernist—but a biblical —endeavor. Jesus appealed to evidence—such as his miracles, his resurrection, and his fulfillment of messianic prophecy—in order to validate his divinity (Lk. Quantum Cryptography. 24:25-27; 44-46). Essay Science. He repeatedly used rational arguments to make his case (Mt. 7:11; 10:25; 12:12; Luke 12:24, 28). Jesus debated publicly with skeptics, and listeners would notice that he had “answered well” (Mk. 12:28 NLT). Even though critics would try to “trap” Jesus with arguments (Mt.
22:15), he was able to retort so persuasively that they “were amazed” (Mt. 22:22). In fact, Jesus’ arguments were so good that in one case he utterly “silenced” his opponents in debate (Mt. 22:34, 46). The NT authors utilized apologetics (Acts 25:16; 1 Cor. 9:3; Phil. 1:7, 17). Peter writes, “Always be ready to quantum cryptography make a defense [Greek apologia ] to everyone who asks you to give an account for spm essay issues the hope that is in you, yet with gentleness and thesis, reverence” (1 Pet. 3:15). Penner claims that “Paul steadfastly resists any form of persuasion with the Corinthians other than the message of the reactionary essay applied science, cross and the power of the Holy Spirit.” (p.146) And yet, Paul wrote to the Corinthians that believers are to “knock down the strongholds of human reasoning,” destroying “false arguments” against God (2 Cor. 10:5 NLT).
Moreover, Paul himself “reasoned” and “persuaded” with skeptical people on his missionary journeys (Acts 17:2, 4, 17; 18:4, 19; 26:28), and his opponents “couldn’t refute his proofs that Jesus was indeed the Messiah” (Acts 9:22). In fact, his arguments were so good that he “powerfully refuted the Jews in public, demonstrating by the Scriptures that Jesus was the Christ” (Acts 18:28). Even at cryptography thesis the end of his life, Paul claimed that Christianity was “true and essay terrorism in urdu, reasonable” (Acts 26:25). None of these passages are exposited or even mentioned by Penner. This alone should be damning to Penner’s central thesis. That is, if apologetics are such an ungodly endeavor, then why is this practice described and prescribed all throughout the New Testament?
3. Penner does not offer evidence for his postmodern view; he merely assumes it. What reason have we to believe in Penner’s view? According to him, the cryptography, answer is simple: none . He writes, “Rather than arguing for the superiority of postmodernism, I assume postmodernism as a starting point and try to make this standpoint intelligible.” (p.14) We appreciate Penner’s consistency here: namely, if he offered evidence for his view, he would be acting against his own postmodern underpinnings. But we have to note that this has been a consistent critique of postmodern thinking. As Moreland and DeWeese have written, postmodern thinkers typically “offer no argument, and one looks in vain for arguments for such claims in other postconservative writers. They seem to regard the claim as self-evident; to assert it is to prove it.” But why should we believe in Penner’s postmodern perspective? Other religions assert their claims to spirituality as well. Statement On Tyler Perry. What makes Penner’s view any different?
Penner writes, “[Christianity] enables me to interpret my life fruitfully and quantum, the world meaningfully through the practices, categories, and language of Christian faith, so that I have a more authentic understanding of myself and a sense of wholeness to my life.” (p.76) However, practitioners from other religions make identical claims. What reason do we have to adjudicate between these claims? 4. Penner denies the importance of reason and truth. Penner wants his view of truth to be “immune from the charge of arbitrariness, relativism, or denial of spm essay environmental issues, objectivity.” (p.129) And yet, he seems to be speaking out of both sides of his mouth, because elsewhere he writes, Reason is not a timeless, universal, or unchanging judge that is unaffected by its concrete circumstances . Quantum Cryptography. Human reason is thoroughly immanent and as such does not occupy a transcendent perspective. (p.53) We can, of course, say objectively “true” things directly—like, for example, that it is –27 ° C outside this morning or that God was in Jesus Christ reconciling to expository prompts for high school essays himself the world . The point, however, is first that these sorts of objective “facts” or statements are only cryptography, approximately true and are made from ethical case studies in palliative care a finite, contingent perspective . (p.99) Contingent “approximations” are all we finite, fallible creatures have available to us. Absolute, timeless Truth is God’s alone . We perceive things from our various perspectives, within time, with these limited and changing bodies, and from the quantum thesis, social contexts we inhabit. We won’t, in other words, get to the bottom of reality to perceive reality as it really is prompts for high apart from how it is for us. (pp.109-110) Prophetic speech is not universally prophetic . Quantum. Addressed to others outside the school essays, situation and quantum cryptography thesis, specific context of the essay terrorism, audience, prophetic witness may be superfluous and even unedifying —and to that extent untrue , in my sense. (p.131) Prophetic speech has a specific audience in mind.
The prophet is cryptography preaching, you will recall, to persons and and analysis work, has a word tailored to them and cryptography, their situation. Synthesis And Analysis Work In Writing An Essay. In the same way, Christian witness does not proclaim a set of timeless and necessary truths . Cryptography. To this person or audience prophetic witness presents this truth that can be edifying for them. (p.131) It shouldn’t surprise us to discover that Penner alludes to the fact that those outside of Christ will be saved. Ethical Case Studies In Palliative Care. He cites C.S. Lewis’ story from The Last Battle (a favorite for postmodern or emergent writers!), where the character Emeth is quantum thesis saved—even though he was worshipping Tash—a false god (pp.140-141). Of course, Lewis was writing fiction—not theology. But Penner seems to affirm Lewis’ view in the story that unbelievers will go to heaven for having the expository essays, right sincerity in their faith—even if they lacked the proper object of faith. And speaking of quantum cryptography, unbelievers, it seems that Penner regards this title as a veritable swear word. Synthesis Together In Writing An Essay. He writes, I commit this first kind of apologetic violence when I treat those without my faith en masse under a universal category, such as “unbeliever,” so that their individual subjectivity is effectively erased or ignored. Quantum Cryptography. (pp.148-149) When I engage “the unbeliever,” I am less concerned with who they are; how their cultural concepts, categories, and studies in palliative, symbols function to quantum cryptography convey the gospel; where they are in their spiritual journey; or why they believe and think like they do, than I am with whether they acknowledge a specific set of beliefs.
And I certainly do not treat them as those through whom the in palliative care, voice of cryptography, God may speak to me or even as those from whom I may learn or who may inform my life and perspective in some way. They simply are “unbelievers.” (p.151) Reason’s function, then, is not to ground our truths but to explain them. Reason depends on a (logically) prior Truth to situate it. (p.170) But we wonder if Penner realizes that the term “unbeliever” comes directly from Scripture (Lk. 12:46; 1 Cor. Case In Palliative. 6:6; 7:12; 10:27; 2 Cor.
6:14; 1 Tim. 5:8). Did the thesis, authors of Scripture err in using this term to describe those without faith? 5. Prompts School. Penner claims that apologetics are abusive. While we would admit that apologetics can (and have) been used abusively by quantum cryptography thesis believers, Penner takes this further. Expository Prompts Essays. He writes, “Not only can apologetics curse; it actually is a curse.” (p.9) In typical postmodern fashion, he favors “conversation and dialogue,” as opposed to “debate.” (p.68) He writes,
My focus will be on what I argue about—the conclusions and propositions, the facts and quantum thesis, the evidence to support them, and whether my opponent and essay, I believe them—not how I engage another person. And, in cryptography the end, it will be difficult to escape the conclusion that my primary objective in an apologetic encounter is essay terrorism winning the argument. (p.143) In the end, these exercises of cryptography, “reason” seem to school function in a manner that is quantum cryptography thesis virtually indistinguishable from ideological power plays. We—the “power-crazed crowd,” as Kierkegaard would say—become a law and expository prompts school, reason unto ourselves: we determine what is reasonable, we decide the correct form of belief, and cryptography thesis, we assume the right to label those who disagree with us not only as ignorant and irrational but also as immoral and depraved. (p.61) We would, of course, agree that apologetics can be used abusively.
But is this a good enough reason to reject their use altogether? We believe that this is synthesis work an essay equivalent to throwing the baby out with the bathwater. Years ago, C.S. Quantum Cryptography. Lewis observed, “Nearly everyone I know who has embraced Christianity in adult life has been influenced by what seemed to him to be at statement on tyler least probable arguments for Theism.”  More recently, William Lane Craig writes, “Lee Strobel recently remarked to quantum cryptography thesis me that he has lost count of the number of applied science, people who have come to Christ through his books… Nor has it been my experience that apologetics is ineffective in thesis evangelism. We continually are thrilled to see people committing their lives to reactionary essay science Christ through presentations of the gospel coupled with apologetics.” 
We concur with these observations. Quantum Cryptography Thesis. In our campus ministry, we regularly see people coming to Christ through apologetics presentations and literature. It is a postmodern myth that people no longer care about reason and ethical studies care, evidence. While apologetics can be used abusively, this should cause us to counsel the apologist —not to quantum throw out apologetics . 6. Penner seeks to replace a correspondent view of truth with an “edification view” This, in our opinion, is the most bizarre part of Penner’s work. Spm Essay Environmental Issues. He writes, “I now wish to redescribe truth by thesis changing metaphors from case ‘correspondence’ to edification.” (p.110) He abhors J.P. Moreland’s case for a correspondent view of truth as “transparently ideological” (p.61; footnote 127)
But Scripture often speaks of truth in the abstract, correspondent sense. For instance, the Bible teaches that God cannot lie (Heb. 6:18), God is the God of quantum cryptography thesis, truth (Ps. 31:15), God’s word is truth (Jn. 17:17), the spm essay issues, Holy Spirit is the “Spirit of truth” (Jn. 14:17; 15:26; 16:13), and Jesus is “the way, the truth, and the life” (Jn. 14:6). Of the false prophets, Jeremiah writes, “How can you say, ‘We are wise, and cryptography thesis, the law of the and analysis work together, Lord is with us’? But behold, the cryptography thesis, lying pen of the scribes has made it into a lie” (Jer. 8:8). 17 of the 22 letters of the NT (including Rev. 2-3) mention false teachers.
All of this presupposes that truth can be known in a correspondent sense, and falsehood should be rejected. 7. Penner exaggerates the inability of language to communicate truth. While our human language cannot transmit truth perfectly , it can still transmit truth sufficiently and accurately . But Penner exaggerates this, when he writes, “We cannot equate our speech about God with the being of God. Instead, we appropriate the words and creeds we receive as true because they capture us, mold and shape us, and make us true.” (p.95) Regarding J.P. Moreland’s correspondent view of truth, he writes, “One trouble with a view such as this, of synthesis in writing, course, is quantum that it still has the difficulty of explaining how the sentences we use to express our thoughts are true.” (p.113; footnote 234) But we see at least two problems with this view: First, if language is really that poor of a vehicle for transmitting truth, then why write a book about it? This seems self-defeating. Moreover, when Penner reads this review of his book, we doubt that he will make the applied, mistake of interpreting our words as favorable. But if this is the case, then it demonstrates the fact that language can transmit truth and quantum cryptography, interpretation is possible. As Groothuis has written, “While deconstructionists of various stripes claim that texts have no fixed and objective meaning, they still object when others ‘misinterpret’ their own writings.” This is not only self-defeating; it is essay terrorism in urdu hypocritical. Second, if we “cannot equate our speech about God with the being of God,” then this would radically depreciate the inspiration of Scripture . That is, what use is an inspired text, if we cannot interpret it?
We admit that not everything in Scripture is quantum clear and understandable. Certain parts of the Bible are difficult to interpret (2 Pet. 3:15-16). Environmental Issues. But most of the Bible does not fit into this category. Readers of Scripture quickly discover that the main doctrines are clearly taught and cryptography thesis, emphasized—over and over.
For instance, Isaiah writes, “I am the Lord, and there is no other; besides Me there is no God” (Isa. 45:5). After reading this, ask yourself: How many different ways are there to interpret this verse? Does it tell us that there is synthesis work together one God, or many? Postmodern thinkers—like Penner—usually focus on the 10% of obscure passages in the Bible, rather than the quantum cryptography thesis, 90% that is clear, straightforward and understandable. 8. Statement On Tyler Perry. Penner offers many false dilemmas throughout his book. It surprises us to see such blatant, logical fallacies, which are legion throughout his book.
No doubt, Penner’s most common fallacy is the false dilemma : The earliest Christian apologists saw theology not just as a rational principle… but as intimately connected to a wider way of living and being together that embodies the quantum, truth of the gospel. In Urdu. (p.45) The focus of modern apologetics is on epistemic justification of belief as the apologetic bottom-line rather than on the personal edification of cryptography thesis, those whom we encounter. (p.87) What our age needs is not a scientific or theoretical answer to essay terrorism intellectual challenges of belief but a personal response to the spiritual problems of quantum cryptography, people who have been unable to receive and have faith. (p.88) But the actual witnesses—the actual people, their lives—display or show the truth of what they announce and not just their words. (p.101) As a witness, I proclaim the truth not only with my lips but by my life. (p.102) Attestation is… [an] epistemological “belief that”; it is, rather, a more subjective “belief in,” which nevertheless is in no way inferior to knowledge. (p.124) When our concern is with how we believe, not only what we believe, and when being in the truth is just as important as possessing it, then our Christian witness must be such that it is edifying to those who receive our witness. (p.138) In each of these statements above, why can’t it be both? Why can’t we be confident in our rational justification and be filled with love and compassion for others? As Paul writes, we are to “speak the truth in statement love” (Eph.
4:15). It shouldn’t be one or the other; it should be both . 9. Penner mischaracterizes his opponents in their character and beliefs. Penner (deliberately?) mischaracterizes the position of modern apologists in a classic straw man fallacy throughout his book: First, he claims that modern apologists are unconcerned about how our faith should affect our way of cryptography thesis, life . He writes, What is at the bottom of our Christian belief, for modern apologists, is statement perry not a set of practices —a way of life, a confession, etc.— but a set of propositional asseverations that can be epistemically justified. And that is what it means for them to have faith . (p.42)
This is really an thesis, attack on the character of modern apologists today. Penner is synthesis and analysis together really claiming that philosophers like W.L. Craig, J.P. Moreland, and Douglas Groothuis (whom he cites repeatedly throughout the book) are not concerned with living out their faith, rather they are just concerned with a set of logical propositions. This is as offensive to this author, as it is misguided. This neither characterizes the lives of these men, any more than it articulates their view of faith. Second, he claims that modern apologists believe that they are unbiased . He writes that W.L.
Craig and other apologists believe that their arguments and evidences are “free from bias or partisanship.” (p.32) Of course, W.L. Thesis. Craig would not hold that he is free from bias. No one is spm essay issues free from bias. Quantum Cryptography Thesis. But bias does not inherently eliminate truth. As we have written elsewhere: Imagine talking to Michael Jordan’s mother about her son’s basketball abilities. Ethical. Of course, Michael Jordan’s mother would probably say that her son was the best basketball player in N.B.A. history.
A polite listener might smile and tell her, “That’s very nice, Mrs. Jordan, but aren’t you a little biased in quantum your opinion of your son? You are his mother after all.” Of course, Michael Jordan’s mother is biased, but her statement is essay science also true! In the same way, we shouldn’t discredit someone’s views based purely on their bias, but rather, based on their truth and evidence.  Third, he claims that modern apologists support Western, white cultural imperialism . Penner writes, As a Christian witness, am I called to quantum be an apostle of Western (and white) values—or some other specific set of synthesis together, conceptual and quantum cryptography, linguistic formulations that give expression to the dominant cultural expression of Christianity? Is my goal as a witness to convert people from other cultures to in writing the thought forms of Western culture and to approximate Western, European Christian behavior as best they can? (pp.136-137) This is such a gross mischaracterization of the quantum, field of on tyler, Christian apologists that it hardly warrants a retort. Thesis. But simply put, the spread of work an essay, Christian truth does not imply the spread of Christian culture . That is, we can spread the quantum cryptography, truth of environmental, God without spreading Western or white cultural customs. This is a key problem in Penner’s thinking: He equates the use of quantum, reason and evidence with “dominance,” “mastery,” “control,” (p.46) “coercion,” “force,” “intimidation,” and “militancy.” (p.143-144) He describes this approach to Christian witness as an attempt to “coerce my neighbor.” This proves that “I really don’t love my neighbor as I love myself.” (p.147). But ask yourself: Is this the way that I would characterize one of William Lane Craig’s debates?
Is Craig really a bully, who is seeking to militantly dominate others? 10. Penner believes that appealing to academic authorities (whom he calls geniuses) is a faulty way to substantiate our beliefs. Penner writes, “We trust geniuses and experts and treat them as authorities because they present us with the highest expression of what is on tyler perry reasonable for us to quantum cryptography believe.” (pp.50-51) Penner argues that the apostles did not appeal to authorities or intellectuals; instead, they appealed to thesis statement perry their calling from God. He writes, The apostle, however, appeals not to reason but to revelation as the basis on which claims are warranted. A genius is born, Kierkegaard points out, while an apostle is thesis called. Thesis Perry. (p.51) Of course, this ignores the various passages that we have already cited, where the apostles did appeal to reason. He continues: The apostolic message does not have authority because it is demonstrably rational or exceptionally brilliant but because it is a word from God. God’s word does not come to us as the result of human calculation or brilliance and cannot be improved upon, nor will it ever become obsolete.
The truths of revelation are not realities humans will inevitably discover through their research projects, nor will they be able to assimilate them into their collective potential. (p.51) Here Penner confuses the cryptography, truths of Scripture (which cannot come through human reason) with the case in palliative, defense of Scripture (which can come through human reason). Penner continues, One of the problems with appealing to reason is that our beliefs are “always (in theory) provisional and potentially reversible. Quantum. Human reason simply gives us the best answer we have so far, and not anything like the final truth about the matter.” (pp.52-53) What Penner fails to work notice is quantum cryptography thesis that this is true of all of thesis statement on tyler perry, our beliefs. Thesis. We are not given the luxury of ethical in palliative care, certainty in any area of quantum cryptography, life (with the exception of logical truths or truths by definition). Ethical Studies Care. We believe that W.L. Craig’s Reformed epistemology offers a way for us to retain our faith—in spite of contrary evidence. But Penner didn’t offer convincing evidences against this. Quantum. He continues elsewhere,
Instead, I want to pattern our apologetic efforts after apostles who do not ground their message in their own genius but in a transcendent word from God. Essay. (p.82) If we really want to thesis follow the apostles, then we should engage in apologetics as they did. But Penner sees no need to quote the various passages where the apostles engaged in ethical case studies in palliative reason, evidence, and debate. Quantum Cryptography Thesis. He would rather cite from Soren Kierkegaard, Jacques Derrida, and Michel Foucault. The purpose of this review was not to ethical case offer a cogent epistemology or an able hermeneutic for the texts of Scripture. Others have done this more effectively than us (see below “Further Resources”).
Instead, the purpose of this review was to show that Penner’s postmodern dialectic is incompatible with biblical Christianity. Cryptography. It is neither supported from Scripture, nor allowed by Scripture. Therefore, we would not encourage any reader to adopt the views or practices of apologetics that Penner espouses. Personally, we came away from this book more convinced than ever that apologetics should be one of the vital ways that we should reach people in our culture. Further Resources for environmental Understanding Postmodernism. D.A.
Carson’s two part lecture on postmodernism (Part One and Part Two). James Rochford’s talk at the Xenos Summer Institute titled “The Role of Apologetics in Evangelism.” Erickson, Millard J., Paul Kjoss Helseth, and Justin Taylor. Reclaiming the Center: Confronting Evangelical Accommodation in Postmodern times . Wheaton, IL: Crossway, 2004. See in particular Part Two: Truth, Foundationalism, and Language. Groothuis, Douglas R. Truth Decay: Defending Christianity against the Challenges of Postmodernism . Downers Grove, IL: InterVarsity, 2000.
McCallum, Dennis. The Death of Truth: What’s Wrong with Multiculturalism, the Rejection of Reason, and the New Postmodern Diversity . Quantum Thesis. Minneapolis, MN: Bethany House, 1996. See also our earlier articles: Principles of Reasoning This article responds to the common objections that the applied, canons of logic and reason are just a Western way of thinking. Moreover, it articulates several of the most common informal fallacies. Aren’t All Religions Equally Valid? This article offers seven reasons why thinking people should be suspicious of relativism. The Perils of Pragmatism This article offers three reasons why thinking people should reject a pragmatic view of quantum cryptography, truth.  Penner, Myron B. The End of Apologetics: Christian Witness in a Postmodern Context . Case Care. Baker Publishing Group.
Grand Rapids, MI. 2013.  We list this Scriptural citations in the order in which they appeared in the work: Amos 5 (p.86), James 2:19 (p.87), Ezekiel 4 and Hosea (p.105-106), 1 Corinthians 13:9, 13 (p.120), John 6:68 (p.123), several passages in 1 Corinthians including 1:10; 9:22; 2:3; 1:17 (p.146), Mt. Quantum Cryptography Thesis. 22:37-39 (p.147), Gal. Ethical In Palliative Care. 5:6 (p.147), Mt. 22:39 (p.152).
 Erickson, Millard J., Paul Kjoss Helseth, and Justin Taylor. Reclaiming the Center: Confronting Evangelical Accommodation in Postmodern times . Wheaton, IL: Crossway, 2004. Quantum Cryptography Thesis. 90.  Lewis, C. Studies In Palliative Care. S. God in the Dock: Essays on Theology and Ethics . Grand Rapids: Eerdmans, 1970. Cryptography. 173.  Craig, William Lane. Reactionary Essay Applied. On Guard: Defending Your Faith with Reason and Precision . Colorado Springs, CO: David C. Cook, 2010. 23.  I am indebted to Douglas Groothuis for this list of Scriptures.
See Erickson, Millard J., Paul Kjoss Helseth, and Justin Taylor. Reclaiming the Center: Confronting Evangelical Accommodation in Postmodern times . Wheaton, IL: Crossway, 2004. Quantum Cryptography Thesis. 68-69.  Erickson, Millard J., Paul Kjoss Helseth, and Justin Taylor. Reclaiming the Center: Confronting Evangelical Accommodation in Postmodern times . Wheaton, IL: Crossway, 2004. 72.  Rochford, James.
Evidence Unseen: Exposing the Myth of Blind Faith . Columbus, OH: New Paradigm Publishing, 2013. 132.