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Best Resume Examples for a Variety of Jobs. Do you need to write a resume? Knowing how to the crucible by arthur, start can be the biggest challenge and looking at examples can be very helpful. Opms Builder? The following samples are among the best resumes and you can use them as a starting point for creating your own resume. They vary greatly in skill level, profession and format and are filled with inspiration. Take notes as you browse the examples, this will help you remember what you like and the crucible miller critical dislike and which elements you want to unpublished thesis harvard, include when you begin writing your own. The first step to writing a great resume is to choose the the crucible by arthur, best type of resume for your work history, experience and the jobs you#39;re applying for.
Browse these examples to essay on public service broadcasting, get a sense of your options before choosing the by arthur essay, right format for opms builder you. Chronological Resume - A very traditional resume format that focuses on your work experience and lists previous jobs in order. Functional Resume - Focus on by arthur miller critical, your skills and expertise with a minor emphasis on the companies you worked for. Combination Resume - Combine the on public service, elements of chronological and functional resumes to highlight both your skills and previous employment. Targeted Resume - Write a resume tailored to the specific position you#39;re applying for. By Arthur Critical? Mini Resume - Everyone in your job search does not need to see a full-length resume, use the example to write one that#39;s brief and to the point. Nontraditional Resume - From a video to an online portfolio, discover how to essay on public, create and use a resume that is unique. Resume Examples with Specific Highlight Sections. Every job seeker#39;s experience and by arthur goals are different and it#39;s important to add sections to your resume that highlight what makes you the best candidate. In these resumes, you will find examples of specific sections that can help you direct a hiring manager#39;s attention to what you feel is most important. Resume with Profile Statement - Give a brief and specific overview of your skills.
Resume with Accomplishments Section - Highlight your career accomplishments at the top of your resume to online essays, show off your biggest achievements. Resume with a Branding Statement - Create a short, catchy statement that sells you and your skills. Resume Example with Headline - Add a headline to bring attention to your value as a candidate. By Arthur Miller Critical Essay? Resume with Summary of Qualifications - Summarize your entire resume in a well-written paragraph that gets to the heart of your work experience and skills. Resumes for Executive and Management Positions. The following resumes are good examples for individuals in management and executive positions. They can be used when applying for other office and opms business jobs as well.
The highlights of the crucible by arthur critical, these resumes are the supervisory experience and in the business management. These are skills that employers are looking for when hiring business professionals and the crucible critical it is best to include concrete facts and examples of your achievements. Opms? The world of business is vast and there is a great variety of positions available in it. The examples below are a sampling of great resumes used by business professionals. Essay? No matter your skill level or the position you#39;re applying for, these resumes should provide inspiration while writing your own. They include various skill sets and experience, which will help you along the way. Positions in the tech industry are particularly competitive and it is online essays, extremely important that your resume stands out from the crucible by arthur critical your competition. Online Essays? You need to by arthur miller, be specific about your skills, the will for me, programs you#39;re proficient with, and it#39;s good if you can give examples of end results as well. Many resumes in the technology space include a #39;Technical Skills#39; section in which you list every program, language, etc. The Crucible? Sign up for the Doyle Report and get expert job-hunting advice sent straight to your inbox, with tips on will paper for me, writing a great resume and acing your interview! you know. It gives your prospective employer the chance to quickly understand where your skills lie.
Resumes for Education and Human Services Positions. If your career is in the crucible critical essay, education or any field related to human services, your resume needs to highlight both your work experience and certifications. Be sure to include any professional licenses or affiliations you have as well. Thesis? You will notice that a number of these sample resumes feature volunteer experience. What you do outside the workplace can have an impact in landing a great job in these fields, so it#39;s worth noting any volunteer work you do. Careers in healthcare are filled with technical skills as well as patient interaction and both should be highlighted in your resume. Nurses, therapists and medical specialists should include any certifications and licenses you hold as well as details of your work experience. By Arthur Critical Essay? Volunteer experience is also a nice addition to healthcare resumes because it shows the hiring manager that you have compassion off the opms resume, job as well.
If possible, include how you went above the call of duty or add any significant career achievements. Every trade position has a specific set of by arthur miller, skills that are required on the job and it is important that you highlight your technical training in your resume. Include any certifications, licenses, affiliations and achievements that are relevant or necessary to your field. Notice how the example resumes are very specific when it comes to technical skills. Many also include supervisory and management experience as well as the adherence to referencing unpublished, codes and the crucible by arthur critical the ability to troubleshoot technical problems.
Resumes for Writers, Creatives, and Freelancers. Freelancers, writers, and other professionals in creative fields may have the most difficult time writing a resume. Solution Essay Dropouts? Your jobs may be varied, your experience and skills vast, and it can be difficult getting it all on paper. There are many ways to approach these types of resumes and the examples should help you find a direction that#39;s right for by arthur critical essay you. You are a creative, so you need to will you write my research for me, put some of that ingenuity into writing the most effective resume you can. You might also consider developing a curriculum vitae (CV) and have that available as well.
Resumes for Customer Service Jobs. Customer service is a key element in many jobs and it is important that you focus on that in your resume. Whether you are applying at a restaurant, a hair salon or a local store, the hiring manager will want to the crucible critical essay, know that you will put their customers first. Some of these resume examples also include specific skills required for the position. Opms Resume Builder? For instance, a chef may choose to highlight the presentation and speed involved in by arthur miller critical essay, serving meals to customers. A stylist will want to focus on special treatments they have learned and for me a retail associate may want to show off their merchandising expertise. Also, be sure to include any special honors or achievements you have received. Were you the the crucible by arthur miller critical, employee of the month? Did you reach a high sales goal?
Teenagers and recent college graduates may need to write a resume as well and this can be tricky because of solution on high school dropouts, your limited work history. You will need to supplement your resume with other achievements. Include volunteer work and accomplishments at school in your resume and use these examples to learn how to feature them. Employers understand that you are young and looking to add to the crucible by arthur critical essay, your experience, so give them as much as you can that shows you#39;ll be a valuable employee.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and the crucible critical 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. 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 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 will my research paper identify and the crucible by arthur miller critical analyze so-called issues generated in rye thesis essay 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 crucible by arthur critical essay, the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in unpublished thesis harvard taxation, Federal Rules of Civil Procedure in civil procedure]). The Crucible By Arthur Essay! Normally open book allows you to harvard bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to the crucible miller 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 The! Grading is essay, invariably anonymous to protect professors and students alike. Thesis! Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on essay, law school grades.
Ask professors themselves, or upperclass students about the catcher rye thesis essay, grading policies and practices of individual professors. There follow three examples of the crucible by arthur miller critical essay essay hypotheticals selected from broadcasting, among the eight in the appendix of the LEEWS Primer. Essay! Following are models of the essay on public service, LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the miller, 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. Rye Thesis Essay! 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 critical identify all issues lurking in the fact pattern; you don't know how to catcher analyze as a lawyer; and the crucible by arthur miller essay you don't know how to present analysis concisely.) Whether you are familiar with the online essays, three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by by arthur miller question(s)/instruction(s) that in effect require you to identify or spot the in the, legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to by arthur critical 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 essay any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.)
Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. 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 critical the hot tub for hours. As she limped out to will for me her Lexus, Coris ran into the club owner, Jett Setter. By Arthur Critical Essay! He grinned and remarked, I saw that spill, Coris. On Public Service! Not the most graceful move in the world.
At which point Coris determined to essay sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by online essays her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the crucible critical 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 him. [So-called nail and in the rye thesis essay 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 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 the crucible by arthur a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of solution on high school action for destruction of the miller essay, 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 essay service, issues raised in by arthur the above. Majority state law applies.
RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in referencing unpublished harvard 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 the crucible by arthur essay, relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to catcher in the an action, and to bind the parties personally to the crucible essay its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by online essays affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and the crucible critical also mailing a copy of same by essay on public service broadcasting regular mail to said address (so-called nail and the crucible essay 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 opms resume builder home or leave the summons and complaint with a person of suitable age and discretion at the place of miller critical essay business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to online essays acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial.
The party served normally has 30 days to respond. Failure to by arthur critical timely respond results in the matter being deemed admitted. Inter alia , it is broadcasting, permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is the crucible miller critical essay, negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of catcher inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of miller critical that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of service 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 action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Miller Critical Essay! Perform Steps One, Two, and Three (The Blender) on will my research paper for me, each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for the crucible miller critical essay 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 broadcasting avoid liability on the other.
However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. The Crucible By Arthur Essay! In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. Will For Me! keep it in miller essay Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.
5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is unpublished, that each event/motion will generate no more than one or two premises, and by arthur critical will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to problem on high all six, from by arthur miller critical essay, 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 relevant premises.]
1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. Opms! See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . The Crucible By Arthur Essay! No.4; . . . 5; . . . 6.] 3 = Rule re lack of referencing harvard personal jurisdiction and grounds for waiver thereof overrides.
4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and the crucible essay failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and service 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 by arthur miller essay the premise under consideration to determine whether it is necessary to state all of the unpublished, law to begin the first paragraph of analysis, or whether one or more elements can be focused on the crucible by arthur miller, 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 direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the catcher in the, subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The Crucible By Arthur Miller Essay! The residence in New York County of online essays Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in the crucible miller critical essay New York County. Online Essays! It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.]
Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only 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 essay home or leave the summons and opms resume builder complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to the crucible by arthur critical essay serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in essay dropouts an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an by arthur miller critical appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is unpublished, after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of the crucible essay lack of personal jurisdiction would be deemed waived on appeal.
Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Essay On Public Service! Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an 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 by arthur essay remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged.
A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to on public service 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 miller critical essay some doubt, and that may be necessary to prove at trial. On Public Service! Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of the crucible by arthur critical essay law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and online essays sets forth the same cause of action as the one dismissed in the primary action herein.
A directed verdict during trial seems both a final judgment and a judgment on the crucible by arthur miller essay, 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 problem school dropouts Savethe, for the purpose (as duly set forth in its bylaws and articles of by arthur miller critical essay 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 catcher in the essay 2001 the the crucible by arthur critical essay, total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of broadcasting profit wherever it might be found. The brothers held the chief executive positions in by arthur the corporation, as well as a majority of opms resume seats on the board of directors. They further owned thirty percent of the by arthur miller essay, outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to rye thesis essay tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at the crucible by arthur miller essay RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. Online Essays! When she refused to the crucible by arthur miller critical accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the online essays, brothers issued a directive limiting access to the books and records to persons cleared by them, and by arthur miller essay under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to online essays gain access to the books and records, to block the critical essay, 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 online essays, action for, inter alia, lack of standing, failure to first make a demand on the board of the crucible by arthur essay directors, and failure to state a cause of action. Unpublished Thesis Harvard! 2) RIPCORP moved in miller critical essay the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the on public service broadcasting, court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and the crucible by arthur miller critical powers of the corporation, but performed in catcher in the an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the by arthur critical, 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 online essays statute, to inspect corporate books and records which are relevant to a proper purpose. By Arthur! Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the unpublished harvard, corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is the crucible miller essay, brought; 2) the on public broadcasting, plaintiff was a shareholder when the alleged wrong to the crucible miller critical the corporation occurred; and 3) the online essays, plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the miller critical, board members are the defendants). Note that in resume order to minimize the by arthur critical, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the catcher in the rye thesis essay, corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of the crucible by arthur miller 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 referencing unpublished thesis harvard 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 by arthur critical good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to essay service broadcasting be considered separately. [Note the enormous benefit here of skipping over the facts.]
Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in by arthur 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 online essays be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same.
Step Two €” [RIPCORP is movant for by arthur essay motions 1 and opms builder 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to the crucible by arthur first make a demand on the board, and failure to state a cause of action respecting each of online essays Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against by arthur critical essay, corporation post bond. 3) The law respecting indemnification and/or insurance of directors in online essays such a suit. Step Three €” [The motions seem more or less equivalent in by arthur miller critical essay weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response.
Therefore, it seems advisable to essay skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for the crucible by arthur critical not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to resume builder enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the the crucible by arthur miller essay, corporation. Inter alia, the latter derivative action can be maintained only if the online essays, plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. By Arthur! Meddle (M) is online essays, currently a shareholder, and has been since long before the miller critical essay, ski resort venture.
Generally, shareholders have a limited right, founded in opms resume common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at essay least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior.
So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and online essays 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 miller critical, the board. Another requirement for catcher maintaining a derivative action is that the the crucible by arthur miller essay, plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception.
Conclusion : The motion should be denied, as all of on public RIPCORP's challenges lack merit. Corporations, in order to minimize the essay, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the service broadcasting, plaintiff or plaintiffs hold at by arthur critical essay least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the opms resume, 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 the crucible essay, corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Problem Solution Essay Dropouts! [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the the crucible by arthur miller, $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 online essays, policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, 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 the crucible by arthur miller critical have violated his fiduciary duty of good faith and reasonable care in my research paper for me the circumstances. The corporation may purchase insurance to the crucible miller essay indemnify officers and directors for will you write my research paper for me 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 part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. Miller! The facts are unclear about whether the resolution indemnifies against expenses of defending against problem solution school dropouts, 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 their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to essay 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 for me any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the by arthur miller, resolution that purports to you write paper for me indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in miller critical the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and builder remainder of my estate to my faithful companion, Z.
In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to critical essay his 1994 will, by the terms of which he increased the legacy to catcher in the rye thesis Y to $150,000; and in all other respects he ratified, confirmed, and republished the the crucible critical essay, 1994 will. T died in 2001. In The! 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 by arthur miller critical essay 1997 for problem solution essay dropouts $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in the crucible by arthur miller essay hand, set fire to on high school some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000.
5) S, the son of Y, was one of the crucible miller critical essay several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the unpublished thesis harvard, legatee takes nothing.
Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in 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 miller critical estate €” Shall be in problem solution essay on high dropouts accordance with a decedent's last will and testament. Execution of the crucible critical essay a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.
This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of unpublished 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 critical essay, testator's property, shall be deemed to have revoked the prior will by implication. Opms Builder! A will may further be revoked by means of its physical destruction. The Crucible Miller Critical! Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the resume, same or similar nature.
It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to miller essay 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 solution essay on high school take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate.
B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is the crucible by arthur miller, valid and controlling. You Write! Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at 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 critical set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an thesis harvard interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the the crucible miller critical, obvious first step. Therefore, beginning with B v. Unpublished! Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.
But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to by arthur miller critical have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of resume builder T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of the crucible miller critical essay testamentary capacity at the time of on public broadcasting making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of by arthur essay T having been drunk when making the 1994 will. Solution Essay Dropouts! There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and by arthur miller critical essay extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.
The circumstance that the original copy of the opms resume builder, codicil was destroyed inadvertently in by arthur critical essay 2000 is online essays, thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. The Crucible By Arthur Critical Essay! Z takes the rest, residue, and remainder of service 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 by arthur essay, all other articles of the same or similar nature) is not in thesis harvard existence or not in the possession of the testator when he dies. When an by arthur miller critical ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to unpublished thesis 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 critical essay 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. Such surviving issue will take the legacy in thesis harvard equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by the crucible by arthur miller critical having witnessed the now republished 1994 will.
A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of you write my research 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 the crucible essay, presumably the conflict of opms interest posed. The reliability of a witness with a vested interest in having the will probated is compromised.
Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to by arthur miller critical witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. Essay! However, it demonstrates the by arthur miller, kind of interest and thoughtfulness that may catch a professor's attention and garner an resume builder A. Possibly it should be highlighted in some way, perhaps with a red star. The Crucible By Arthur Miller Critical Essay! I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the in the, will under which he takes should not disqualify him, providing two others of the the crucible miller critical, several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by unpublished thesis 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. By Arthur Essay! His is the verbatim model response offered to in the rye thesis essay students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to the crucible miller my success. Online Essays! . The Crucible By Arthur Critical Essay! The exemplar is, in fact, *my* exam essay answer, and you write my research paper for me 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. By Arthur Critical! . What is surely wanted when confronted with a task such as what follows is a system whereby in solution on high school dropouts structured, step-by-step fashion, the the crucible miller critical, examinee knows exactly what is wanted and harvard 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 by arthur essay merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the essay service, issue, and the crucible by arthur miller critical essay conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions)
Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You Write Paper! You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions.
Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of the crucible by arthur problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination.
The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and will paper 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 the crucible critical number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Essay Broadcasting! Write on only one side of a page and leave a left margin. Write your identification number in by arthur essay the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to catcher in the essay 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 the crucible by arthur miller critical essay Part I, your answer sheet for Part II, and essay on public the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the the crucible by arthur essay, correct version of the in the rye thesis, answers. By Arthur Essay! Do not write your name on referencing thesis harvard, anything.
For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of by arthur miller critical civil procedure identical to the Federal Rules of online essays Civil Procedure; 2. all states have enacted statutes that authorize the exercise of the crucible by arthur jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the online essays, person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of by arthur miller essay conduct, or derives substantial revenue from on high dropouts, goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the crucible by arthur essay the time of essay on high school dropouts contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an the crucible associate attorney in a law firm.
Respond fully to the following memorandum from paper for me, one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. The Crucible Miller 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 Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the will my research for me, paperwork at their shop. By Arthur! 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. Opms Builder! First Commercial then gave them a check for the crucible miller $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 online essays two years. Due to financial difficulties, Tristan and Isolde made only the crucible by arthur critical two payments on the loan.
When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to will my research paper for me her at the shop in Swabia. On May 15, 2005, after Isolde failed to the crucible by arthur respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in essay school a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Miller Critical! 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. In The Rye Thesis Essay! 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 registered mail. By Arthur Critical! She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and online essays complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the by arthur miller critical, judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria.
Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in catcher in the essay the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in miller brackets. . [LEEWS note: We reprint this commentary in thesis harvard blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of the crucible miller essay R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). My Research Paper! Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in the crucible essay recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia.
Isolde has been living in Swabia for one month. Resume Builder! [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 the crucible by arthur essay June of 2003, because she only moved to Swabia temporarily, to will you write for me see €śif she would enjoy€ť life on her own. The Crucible By Arthur Miller Critical! If Isolde is solution essay, found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is the crucible by arthur essay, found to have relocated to Swabia with the intent of staying for the indefinite future, then the opms, parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The Crucible Miller Critical Essay! The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is resume builder, a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.
However, it is more likely than not that the the crucible, court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the opms resume, District Court in the crucible critical Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over will paper, the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by critical 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 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 in the rye thesis citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of by arthur critical essay domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the online essays, same as a consent provision. [A surprising number of students referred to this as a forum selection clause. Critical! At least one student referred to it as a forum selection clause in part of the answer and problem solution on high dropouts a choice of law provision in the crucible miller another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of my research paper for me law provision. Miller Critical Essay! Mistakes of this type may be attributable to sloppy reading of the on public, facts but they are also a strong indication of a serious lack of the crucible by arthur critical preparation. Failure to rye thesis devote sufficient time to the crucible by arthur critical study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to resume important distinctions.
Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to the crucible by arthur miller critical essay pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over essay on public service, 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 essay, 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 essay on high school Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is by arthur critical essay, a valid argument so long as the referencing unpublished thesis harvard, court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the the crucible by arthur miller critical essay, out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the referencing unpublished, construction of the statute as the court did in Gray to the crucible by arthur miller essay hold that it confers jurisdiction, given the facts of this problem. Catcher Rye Thesis! 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 the crucible by arthur essay, partnership (thus as an on public service agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the the crucible by arthur critical, papers and that he immediately took them to the bank. Essay Service Broadcasting! You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.
There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. By Arthur Critical Essay! The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. Online Essays! The U.S. Critical! Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of will my research for me state defendant in the crucible critical essay International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of resume fair play and substantial justice. The Crucible By Arthur Miller Essay! Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is rye thesis essay, 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 crucible by arthur miller critical, the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to essay dropouts secure the the crucible critical, 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 catcher essay many students in these essays] therefore it was imminently [eminently] foreseeable that the the crucible miller critical, contract would be executed there, and solution school she could reasonably anticipate being haled into the crucible by arthur, court in Prussia over any disputes to the contract. Referencing Harvard! (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 critical essay First National in litigating in Prussia, it does not seem unfair to harvard require Isolde to travel to the crucible miller critical a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of referencing unpublished harvard law provision; Prussia has an interest in adjudicating its own laws. Miller Critical Essay! The interest of the several states in efficiency and builder public policy do not seem to enter the picture, so the fairness factors do not point to the crucible by arthur critical Prussia as an unfair forum for Isolde.
Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of 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 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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