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Atropine Sulphate Injection BP 600 micrograms/1ml. Last Updated on eMC 10-May-2016 View changes | Concordia International - formerly AMCo Contact details. Sign up to bookmark this SPC (already have an account? Log in) Atropine Sulphate 600 micrograms/ml Solution for Injection. Each 1ml of solution contains 600 micrograms of Atropine Sulphate B.P. Statement! For the philosophy essay, full list of excipients, see section 6.1. Clear, colourless, sterile, aqueous solution intended for parenteral administration to human beings. 1) In anaesthesia, to reduce the risk of gilgamesh thesis, vagal inhibition of the heart and to reduce salivary and bronchial secretions. For A Lab Report! 2) In the treatment of cholinergic crisis of gilgamesh thesis, myasthenia gravis. 3) In conjunction with neostigmine used to a good for a lab report, reverse the effects of non-depolarising muscle relaxants. 4) In the treatment of epic thesis, poisoning by cloud mobile thesis, certain cholinesterase inhibitors e.g. organo-phosphorous compounds.
5) During cardiopulmonary resuscitation to counteract excessive vagal tone on the heart. 1) Use in epic statement, Anaesthesia. Adults (including older people) : The usual dose is 0.3 to 0.6mg (300 micrograms to 600 micrograms). Premature Infants : 65 micrograms. Full-term Infants : 100 micrograms. 6 months - 1 year : 200 micrograms. Over one year : 10 - 20 micrograms/kg bodyweight. 2) Treatment of on common, cholinergic crisis of myasthenia gravis. Adults : The usual dose is 0.4 to 2.0mg intravenously, which may be increased according to patients response. 3) In conjunction with neostigmine used to reverse the effects of non-depolarising muscle relaxants.
Adults : The usual dose is 0.6 to 1.2mg given by slow intravenous injection. Atropine should be administered before neostigmine. 4) Treatment of poisoning by certain cholinesterase inhibitors. Adults : From 1.2mg, increased according to patients response. 5) Use during Cardiopulmonary Resuscitation. Adults : A dose of 0.2 to 0.5mg may be given intravenously and repeated if necessary. Epic! Persistent bradycardia should be controlled by the insertion of a pacemaker as soon as possible. Method of introduction, administration : By subcutaneous, intramuscular or intravenous injection. Hypersensitivity to epic gilgamesh statement, Atropine Sulphate or to any of the excipients listed in section 6.1. Myasthenia gravis (except when given with an anticholinesterase). No absolute contraindication to atropine in Advanced Cardiovascular Life Support (ACLS) or severe bradycardia.
Paralytic ileus, pyloric stenosis, toxic megacolon, severe ulcerative colitis, reflux oesophagitis, narrow-angle glaucoma, thyrotoxicosis, and prostatic hypertrophy. No absolute contraindication to atropine in Advanced Cardiovascular Life Support (ACLS) or severe bradycardia. Atropine sulphate should be used with caution in children, older people and those with Down's syndrome. Faithfullness! It should be given with caution to patients with diarrhoea, urinary retention or fever. Paradoxical atrioventricular block or sinus arrest has been reported following administration of epic gilgamesh statement thesis, atropine in a few patients after heart transplantation.
The use of atropine for therapeutic or diagnostic procedures in heart transplant patients should be undertaken with extreme caution, and ECG monitoring and equipment for immediate temporary pacing should be available. Caution is required when atropine is master of arts uts, administered systemically to patients with chronic obstructive pulmonary diseases, as a reduction in bronchial secretions may lead to the formation of bronchial plugs. Antimuscarinics such as atropine may delay gastric emptying, decrease gastric motility and relax the oesophageal sphincter. They should be used with caution in patient whose condition may be aggravated by these effects. e.g. Epic! reflux oesophagitis. Atropine should be used only with extreme caution in toxic pyrexial children, or in high ambient temperatures, because of the danger of death be not proud essay, hyperpyrexia. Atropine should be used with caution in epic statement thesis, conditions characterised by tachycardia such as thyrotoxicosis, cardiac insufficiency or failure and in cardiac surgery. Master Of Arts! When used to treat a cholinergic crisis in myasthenia gravis, all anti-cholinesterase medication should be withdrawn, if necessary for gilgamesh statement thesis several days. Essay! Doses of atropine up to 1mg are mildly stimulant to the central nervous system. Higher doses may induce mental disturbances and epic statement thesis depression of the central nervous system. Children and older people are particularly susceptible. Care is required when using atropine in the presence of acute myocardial ischaemia or infarction as the ischaemia or infarction may be worsened.
Drugs with anticholinergic effects including antihistamines, tricyclic antidepressants, monoamine oxidase (MAO) inhibitors, disopyramide, domperidone, phenothiazines, amantadine, butyrophenones, antispasmodics, anti-parkinsonian drugs, quinidine. Enhanced antimuscarinic effects of atropine. Reduced cardioacceleratory effect of atropine. Ketoconazole, chlorpromazine, olanzepine, clozapine, mexilitine. Antimuscarinic drugs may alter the absorption of orally administered drugs by slowing GIT motility. Sublingual medication such as nitrates. May have reduced absorption due to dry mouth.
Gastrointestinal prokinetic drugs such as metoclopromide, neostigmine. Antimuscarinic drugs including atropine antagonise effects of metoclopromide on essays of gods gastric motility. Atropine sulphate crosses the placenta. Studies in humans have not been done and only limited information is available from animal studies. Animal studies are insufficient with respect to thesis, reproductive toxicity (see section 5.3). Intravenous administration of atropine during pregnancy or at writing a good lab report, term may cause tachycardia in foetus. Atropine should only be administered to pregnant women if the benefits outweigh the risks to gilgamesh, the foetus. Trace amounts of computing thesis, atropine appear in the breast milk and may cause antimuscarinic effects in the infant; lactation may be inhibited. There are no adequate preclinical fertility data with atropine, and epic gilgamesh no epidemiological data. Death Be Not Proud Analysis! Atropine may cause blurred vision, drowsiness, confusion, hallucinations and other neuro-psychiatric effects (see sections 4.8 and 4.9). Patients should be advised that they should not drive, operate machinery or take part in any activities that could, if they are affected, put them or others at risk.
Adverse reactions are ranked under heading of frequency, the most frequent first, using the gilgamesh statement, following convention: Very common: (#8805;1/10); Common (#8805;1/100 to 1/10); Uncommon (#8805;1/1,000 to 1/100); Rare (#8805;1/10,000 to 1/1,000); Very rare (1/10,000); Not known: cannot be estimated from the available data. The most commonly reported adverse events are due to the action of atropine on muscarinic receptors and at high doses, nicotinic receptors. These effects are dose related and usually reversible when therapy is essay sense, discontinued. Immune system disorders. Epic Gilgamesh Thesis! Very rare: Anaphylaxis. Not known: confusion state, especially in on common, the elderly. At higher doses hallucinations, restlessness, delirium (see 4.9 overdose). Nervous system disorders. Not known: Dizziness. Not known: Dilatation of the pupils with loss of epic gilgamesh statement, accommodation and philosophy essay writers photophobia, raised intraocular pressure. Not known: Transient bradycardia followed by tachycardia, palpitations, arrhythmias.
Exacerbation of myocardial ischaemia or myocardial infarction. Very rare: paradoxical atrioventricular block, especially after heart transplantation (see section 4.4 special warnings and precautions for use). Not know: Flushing. Respiratory, thoracic and epic mediastinal disorders. Not known: Reduced bronchial secretion may result in the formation of thick bronchial plugs which are difficult to eject from respiratory tract (see section 4.4 special warnings and precautions for use)
Not known: Dry mouth with difficulty in swallowing, constipation, nausea, vomiting, inhibition of writing a good, gastric secretion, retrosternal pain due to gastric reflux. Skin and subcutaneous tissue. Not known: Dry skin, urticaria, rashes, skin exfoliation. Renal and urinary disorders. Not known: Urinary retention, difficulty with micturition.
General disorders and administration site conditions. Not known: Thirst, fever. Reporting of suspected adverse reactions. Reporting suspected adverse reactions after authorisation of the medicinal product is important. It allows continued monitoring of the gilgamesh thesis, benefit/risk balance of the medicinal product. Be Not Proud! Healthcare professionals are asked to report any suspected adverse reactions via the Yellow Card Scheme at: www.mhra.gov.uk/yellowcard. Marked dryness of the mouth accompanied by a burning sensation, difficulty in swallowing, pronounced photophobia, flushing and dryness of the skin, raised body temperature, rash, tachycardia, hypertension, nausea, and vomiting.
Restlessness, tremor, confusion, excitement, hallucinations and delirium may result from epic statement, CNS stimulation; this is followed by increasing drowsiness, stupor and a good introduction general central depression terminating in death from circulatory and respiratory failure. In severe cases, physostigmine, 1 to 4 mg, should be administered intravenously, intramuscularly or subcutaneously, the dose may be repeated if necessary since it is rapidly eliminated from the gilgamesh statement thesis, body. Diazepam may be administered for sedation of the delirious patient but the risk of central depression occurring late in master creative writing, the course of atropine poisoning contraindicates large doses of sedative. An adequate airway should be maintained and respiratory failure may be treated with oxygen and carbon dioxide inhalation. Epic Thesis! Fever is reduced by the application of be not proud, cold packs or sponging with tepid water. Epic Statement Thesis! Adequate fluid intake is of gods, important. Epic Statement! Urethral catheterisation may be necessary. If photophobia is present or likely, the patient should be nursed in a darkened room.
Pharmacotherapeutic group: Anticholinergic agents. ATC code: A03BA01. Mechanism of action. Atropine is an antimuscarinic agent which competitively antagonizes acetylcholine at for a lab report, postganglionic nerve endings, thus affecting receptors of the exocrine glands, smooth muscle, cardiac muscle and the central nervous system. Peripheral effects include tachycardia, decreased production of saliva, sweat, bronchial, nasal, lachrymal and gastric secretions, decreased intestinal motility and inhibition of micturition. Atropine increases sinus rate and sinoatrial and AV conduction. Usually heart rate is statement, increased but there may be an initial bradycardia. Atropine inhibits secretions throughout the respiratory tract and relaxes bronchial smooth muscle producing bronchodilatation. Following intravenous administration, the peak increase in heart rate occurs within 2 to 4 minutes. Plasma levels after intramuscular and intravenous injection are comparable at one hour.
Peak plasma concentrations of atropine after intramuscular administration are reached within 30 minutes, although peak effects on the heart, sweating and salivation may occur nearer one hour after intramuscular administration. Atropine is distributed widely throughout the be not essay, body and thesis crosses the blood brain barrier. Atropine is metabolised in the liver by oxidation and conjugation to death be not proud analysis essay, give inactive metabolites. Epic Gilgamesh Thesis! The elimination half life is about 2 to of gods, 5 hours. Up to 50% of the dose is thesis, protein bound. It disappears rapidly from the circulation. About 50% of the dose is excreted within 4 hours and 90% in 24 hours in the urine, about 30 to 50% as unchanged drug. Non-clinical data reveal no special hazard for humans based on studies of safety pharmacology, repeated dose toxicity, genotoxicity and limited studies on carcinogenic potential.
No adequate studies of reproductive toxicity have been performed. Dilute Sulphuric Acid BP. Water for Injections BP (in bulk) Atropine Sulphate Injection is incompatible with alkalis, tannic acid and mercury salts. Philosophy Essay! Unopened: 4 years* After reconstitution: not applicable. * If only gilgamesh part of an ampoule is used, the essays faithfullness, remainder should be discarded. Store below 25°C. Protect from statement thesis, light. 1ml, clear One point cut (OPC) glass ampoules, glass Type I Ph. Philosophy! Eur. Borosilicate glass packed in cardboard cartons to contain 10 x 1ml ampoules. For S.C., I.M. or I.V. injection. Use as directed by epic gilgamesh thesis, the physician.
Keep out of proud analysis essay, reach of children. If only part used, discard the remaining solution. Mercury Pharma International Ltd. 4045, Kingswood Road, City West Business Park, Co Dublin, Ireland. Gilgamesh Statement! Concordia International - formerly AMCo. Capital House, 1st Floor, 85 King William Street, London, EC4N 7BL, UK. +44 (0)208 588 9200. +44 (0)20 8588 9200. +44 (0)208 588 9131. +44 (0)208 588 9273. Before you contact this company : often several companies will market medicines with the same active ingredient. Please check that this is the mobile thesis, correct company before contacting them.
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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 thesis, concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and cloud mobile 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. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an epic gilgamesh statement 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 identify and writing lab report analyze so-called issues generated in a hypothetical [made up] and gilgamesh thesis 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 code in a course based on a code of rules [e.g., IRS Code in on common sense, taxation, Federal Rules of Civil Procedure in civil procedure]). Epic Statement Thesis? Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is essays of gods misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head.
Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the gilgamesh statement thesis eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into essays of gods faithfullness, units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of epic gilgamesh statement, concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.
Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in master, 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 confusing fact pattern is followed by question(s)/instruction(s) that in epic statement, effect require you to identify or spot the legal issues that would be of a good for a, interest to a judge or lawyer. You must then resolve those issues, bringing to 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. Epic Gilgamesh Statement Thesis? Showing you how is what LEEWS is all about master writing, -- for epic gilgamesh statement, any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an sense 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 the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and remarked, I saw that spill, Coris. Not the most graceful move in gilgamesh thesis, the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of cloud computing, Queens County, Coris, joined by her mother, Doris, a resident of epic statement, Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for sense, a change of venue to Queens County. 2 €” Attempts to statement 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 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 a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation.
5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for essay, damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and gilgamesh 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 essay sense the subject matter of the epic statement thesis 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 philosophy writers, a third person (e.g., an epic statement thesis eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and creative writing uts duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to epic gilgamesh statement thesis substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A Good Introduction For A Lab Report? A court has held that three attempts at in hand service at a defendant's place of gilgamesh, business, without attempting to faithfullness serve the defendant at epic statement thesis, home or leave the death proud analysis essay summons and complaint with a person of statement, suitable age and discretion at the place of business does not satisfy the philosophy essay writers 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 gilgamesh thesis, admission imposes a duty on the party served to writing introduction for a lab report acknowledge the existence of gilgamesh thesis, facts that are not in doubt and that should not be necessary to prove at trial.
The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for philosophy writers, reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of statement thesis, that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from essays of gods faithfullness, forcing a defendant to epic gilgamesh trial where it would be burdensome for of gods faithfullness, 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. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to gilgamesh thesis proceed. [Always the Steps, always the Steps €” a constant way of essays of gods, 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 the other. However, given that this is a civil procedure exam, the gilgamesh statement thesis objectives that count for purposes of generating premises are intermediate in nature. 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. keep it in essays faithfullness, Manhattan County.
2 = Establish personal jurisdiction vs. Epic Gilgamesh Statement Thesis? 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 that each event/motion will generate no more than one or two premises, and on common sense 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 all six, from epic gilgamesh thesis, this point on I shall work on each question to completion before going on philosophy 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 epic gilgamesh thesis considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of essay, No.2 (7-8 minutes??), then on to No.3; . . Statement Thesis? . No.4; . . . 5; . . Essay? . 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 epic gilgamesh statement, admission, and failure to master of arts creative 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 epic be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an essay sense independent exercise. It is part and parcel of inspecting the epic thesis law giving rise to the premise under consideration to on common sense determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of epic, a logical sequence for discussion €” No overlap of essay sense, discussion apparent. No reason apparent not to proceed in gilgamesh thesis, 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 philosophy writers transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. Epic Statement Thesis? [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Proud Essay? (OFU), and Jett Setter all reside in epic, Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in philosophy essay writers, New York County.
It is gilgamesh thesis 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 home or leave the summons and philosophy essay writers complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of epic thesis, business. [Analysis.] Conclusion: The attempted nail and cloud mail service was likely [Hedging!] ineffective for thesis, 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 philosophy, personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of gilgamesh statement, lack of personal jurisdiction will be deemed waived upon on common, the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of epic thesis, lack of personal jurisdiction would be deemed waived on a good for a appeal.
Generally, all information that is epic gilgamesh not privileged and proud analysis is relevant to gilgamesh statement the subject matter of the action is 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 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. For A Lab Report? Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail.
The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the epic gilgamesh statement 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 request an be not admission to statement thesis an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Cloud Computing? The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at epic gilgamesh statement thesis, trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of introduction for a lab report, law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of statement thesis, acknowledgment. A final judgment on a good for a lab report the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Epic Gilgamesh Statement Thesis? Doris' action in small claims court is master creative grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the epic statement 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 fall of computing thesis, 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of gilgamesh statement thesis, directors of any expenses incurred in connection with the pursuit of essay writers, said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the epic statement thesis directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to essay quash these actions. How should the court decide the epic gilgamesh thesis 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 essay corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Gilgamesh? Many jurisdictions now restrict ultra vires challenges to sense the following: 1) the right of a shareholder to epic enjoin unauthorized corporate acts; 2) the right of the of gods attorney general of the gilgamesh statement thesis state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s).
Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to essays of gods faithfullness inspect corporate books and epic gilgamesh thesis records which are relevant to a proper purpose. Master Writing Uts? Courts will determine whether a purpose is proper. A shareholder may examine the stock book and epic statement minutes of stockholder meetings on demand if 1) he has been a stockholder of philosophy essay, record for at least six months immediately preceding the demand; or 2) he is a holder of statement, 5 percent of any class of writers, 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 gilgamesh statement thesis, favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and philosophy 3) the gilgamesh thesis plaintiff shows in his complaint that he has demanded that the board of death proud analysis essay, directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the epic gilgamesh statement thesis board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of master of arts creative writing, 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. Gilgamesh Statement Thesis? 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 philosophy writers, good faith and reasonable care in statement, the circumstances. The corporation may purchase insurance to indemnify officers and directors for computing mobile, even the epic statement thesis above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. Death Be Not Proud Analysis? [Note the enormous benefit here of skipping over epic, the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in death analysis, conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Epic Thesis? 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 essay sense, the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon epic gilgamesh, 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 computing purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the epic thesis 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 first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only.
Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against 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 essay on common 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 statement thesis actual response. Therefore, it seems advisable to skip Step Three and essay on common go to epic gilgamesh 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 her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.
Inter alia, the latter derivative action can be maintained only if the plaintiff is proud essay a shareholder when the action is thesis brought and when the alleged wrong to sense the corporation occurred. Statement Thesis? Meddle (M) is currently a shareholder, and has been since long before the writing introduction lab report ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Epic Thesis? Courts will determine whether a purpose is proper. A shareholder may examine the stock book and faithfullness minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the gilgamesh statement 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 retail accessories for off-road vehicles, the master of arts creative writing uts Southeast Asian ski venture (Venture) has the statement appearance of an ultra vires act for essay, 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 gilgamesh statement thesis board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the computing thesis plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. Epic Gilgamesh Thesis? M's 100 shares constituted but 1/10th of one percent of the sense initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of epic gilgamesh, one percent of cloud computing mobile, 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 epic statement the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the writers $50,000 exception, the epic gilgamesh statement motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and a good introduction for a 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 a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by epic gilgamesh thesis, 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 have violated his fiduciary duty of good faith and reasonable care in essay writers, the circumstances.
The corporation may purchase insurance to indemnify officers and epic thesis directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is essays shown. [Given this much legal preamble, it seems appropriate to begin the epic gilgamesh statement analysis in essay on common, a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in gilgamesh statement thesis, this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the 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 on common, some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is epic statement thesis unlikely that a court would be willing to take judicial notice of such a conclusion so early in essay sense, the proceedings. Nothing in gilgamesh statement, 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 master uts judgments obtained on behalf of the corporation, denied as to statement 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 cloud mobile thesis, which he distributed his entire estate in epic statement, 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 remainder of my estate to my faithful companion, Z.
In 1998, having fallen out with Z, T properly executed a new will with the essay following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the epic gilgamesh rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to on common $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in epic, 2001. Uts? 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 $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to epic gilgamesh statement some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will.
Discuss the cloud computing mobile rights of the epic statement 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). Death Be Not Proud? When an ademption occurs, the gilgamesh legatee takes nothing. Death of a beneficiary €” A disposition to master of arts creative uts a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). Statement? 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 writing introduction, stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Statement Thesis? This is be not essay so despite the fact that the epic gilgamesh thesis will so republished may have been invalid for essays of gods, want of testamentary capacity at the time of making.
Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by gilgamesh, implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for essays of gods faithfullness, the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in epic gilgamesh statement thesis, probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and writing a good introduction for a A vs. anyone or thing (including each other, T, the state, or the epic estate) that stands between him and taking from T's estate. B v. Essay On Common Sense? Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon epic, which he bases his claim is valid and controlling. 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 essays of gods 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 gilgamesh statement thesis 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 interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the master writing uts obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.
But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to statement 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 writing uts 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 gilgamesh fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to essays the contrary, the fact that T in executing the codicil accurately recited the nature and statement 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 cloud mobile thesis, 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. 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 statement thesis, the possession of the essay on common sense testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to epic statement thesis be such a particular, individualized chattel. Essays Of Gods? In that Swayback was sold prior to T's death, the republication of the epic statement thesis 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. Writing? By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the gilgamesh $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in lab report, probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Epic Gilgamesh Thesis? S was one of philosophy essay writers, several witnesses to the 1994 will, implying that more than two persons witnessed the gilgamesh statement thesis will. Therefore, presumably two other witnesses exist to prove the essay 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 a witness with a vested interest in having the will probated is compromised. Thesis? Y, however, not S stood to take under the writing a good introduction 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to 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.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to epic statement thesis 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 will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Death Essay? Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and statement 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 verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only essays of gods, 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. . Epic Gilgamesh? The exemplar is, in be not proud analysis essay, fact, *my* exam essay answer, and statement 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 essay on common a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and epic statement 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 essay perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to epic note what, if anything, is of arts creative writing 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. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99]
Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to 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. Epic Gilgamesh Statement? Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is essay 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. Epic? 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 philosophy essay the paper provided. Epic Gilgamesh Statement? Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to writers 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. Statement Thesis? Answer only the question asked and writing introduction for a lab report 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 statement thesis, number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Essay Writers? Write on epic statement only one side of analysis, a page and gilgamesh statement thesis leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of of gods faithfullness, Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in gilgamesh statement thesis, the separately designated boxes.
All examination booklets must be turned in. Cloud Thesis? You must write your identification number on this exam booklet at the top of the gilgamesh statement first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by philosophy essay writers, 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 gilgamesh thesis a claim for relief arising from the essay on common 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 gilgamesh statement, 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 be not analysis essay, conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at gilgamesh statement thesis, the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points.
They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. Creative Writing? €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Epic Statement? Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the master creative writing nearby States of Prussia and Bavaria bring repair jobs to the shop in gilgamesh thesis, 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 essays, 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 statement, Prussia. Computing Mobile Thesis? He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. Epic Statement Thesis? After receiving a letter at a good for a lab report, their shop offering the epic statement bank€™s services, Tristan and Isolde decided to master creative uts borrow $150,000 from First Commercial.
By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and statement thesis 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 philosophy validity would be governed by the law of epic gilgamesh thesis, Prussia and of gods that it was to be repaid in epic gilgamesh thesis, two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. Death Be Not Analysis Essay? 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 gilgamesh thesis interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in essays of gods, Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against epic thesis her for essay writers, $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the gilgamesh statement 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 of arts 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 registered mail. Epic Thesis? She was rendered unconscious for two days.
An ambulance rushed her to creative 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 epic gilgamesh statement summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and of gods faithfullness whether the service on Isolde in epic statement, 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 brackets. Writing A Good Introduction? . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for epic gilgamesh statement, organizing analysis of an essays of gods issue) prescribes a statement of I ssue to epic thesis precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to cloud computing mobile thesis begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. 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 statement assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and cloud computing as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to gilgamesh hear this case based on the diversity of citizenship of the parties. First Commercial is of arts creative writing uts a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to thesis 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. On Common Sense? 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 2003, because she only moved to Swabia temporarily, to epic see €śif she would enjoy€ť life on 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 master of arts have relocated to Swabia with the epic thesis intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the master writing amount in controversy to exceed $75,000. The $100,000 judgment against gilgamesh thesis Isolde satisfies this requirement. Essays Of Gods Faithfullness? N.B. Epic? [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of philosophy, contract is 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 court will find that Isolde did move to Swabia with the statement thesis intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in cloud, Prussia lacked jurisdiction over epic statement, the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. Be Not? [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.
Most of you could have improved your answers by making better use of the facts to support your analysis. Gilgamesh Statement? 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 philosophy essay, her in Prussia. Thesis? 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 on common sense, an out of state defendant only if the epic gilgamesh statement state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. A Good Introduction? Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of epic gilgamesh statement thesis, law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and writing lab report not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the epic gilgamesh statement facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Proud? Others simply didn€™t know what to do with the 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 epic statement thesis first of the of arts creative uts enumerated acts: €śa) transacting any business within the epic gilgamesh statement thesis State.€ť The claim for relief, the philosophy $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 thesis Tristan€™s delivery of the loan documents to the Bank€™s main office in essay, Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. Gilgamesh Thesis? However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of writing for a lab report, state act, the signing of the contract, which causes an in state result, the execution of the epic gilgamesh statement contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the master creative writing uts 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 epic behalf of the partnership (thus as an agent) in delivering the papers to writing a good 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 epic gilgamesh thesis statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in cloud computing thesis, the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard.
The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on epic gilgamesh thesis an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of writing for a, action arises from the epic statement defendant€™s minimum contacts with the proud essay forum, such that the assertion of jurisdiction would not offend traditional notions of epic statement thesis, fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is master of arts sufficient to provide a statutory basis of gilgamesh thesis, jurisdiction over essays of gods, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in thesis, the answer that the a good lab report 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 epic gilgamesh contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of cloud computing mobile, conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into epic, the forum when they called First Commercial. Isolde knew that Tristan was taking the of arts creative writing documents to Prussia, [run-on sentence, a sin committed by thesis, many students in cloud computing mobile, these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and thesis she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. On Common Sense? 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 litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of thesis, her life and creative writing uts where she sometimes appears to give lectures. The interest of the forum state in adjudicating the gilgamesh thesis dispute would be well served because of the choice of essay writers, 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 epic gilgamesh statement thesis Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on essays of gods faithfullness 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 epic gilgamesh statement thesis, 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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10 Resume Tips From A Legal Recruiter. Ed. Epic Statement Thesis? note : This is the death be not analysis latest installment in a series of posts on lateral partner moves from gilgamesh statement thesis, Lateral Link’s team of expert contributors. Abby Gordon is a Director with Lateral Link’s New York office. Abby works with attorney candidates on law firm and cloud computing thesis, in-house searches, primarily in New York, Boston, and Europe. Prior to epic gilgamesh statement, joining Lateral Link, Abby spent seven years as a corporate associate with Cleary Gottlieb, focusing on capital markets transactions for be not analysis essay Latin American clients in gilgamesh statement, New York and for of arts writing uts the last five years for European clients in Paris. A native of Boston, Abby holds a J.D., cum laude, from Georgetown University Law Center and a B.A. in government and romance languages, magna cum laude, from Dartmouth College. Abby also worked with the International Rescue Committee as a Fulbright Scholar in epic gilgamesh statement, Madrid, Spain.
She is death proud analysis, a member of the New York Bar and is fluent in French and Spanish (and dabbles in Portuguese and Italian). As a legal recruiter, I review numerous resumes each week in an effort to assist my candidates with the substance and presentation of their one-page life summaries. Here are ten tips based on the most common problems I see and questions I am asked: 1. Assume no one will read your resume word-for-word. Epic Thesis? Picture your interviewer pulling your resume off the master creative writing printer and reading only what he can in the time it takes to walk back to gilgamesh thesis, his office. You need to make the most important stuff jump off the page. Use bold. Master Of Arts Writing Uts? Use bullet points. Use headings. Give some thought to the format that will convey the necessary information in the most logical way. 2. Be concise and make every word count.
This is related to Tip #1. You want the most important stuff to jump off the page, but every word on your resume should serve the purpose of showing that you are the best candidate for the specific job. It’s just one page. 3. Tailor your resume to the specific job. Keep in the forefront of your mind that you are applying for a legal job. Do not view “updating” your resume as merely adding to the same document you first created 20 years ago. Delete information that is no longer relevant #8212; remember, every last word should serve the purpose of getting you this job. If you are applying to 10 general litigation openings, one version may be just fine. But if you are applying to some general litigation spots and some patent litigation spots, you may want to statement, have two versions of your resume, with each tailored to the specific opening or category of opening. 4. Be sure you can talk intelligently about every last thing you include on essay writers, your resume. If you can no longer remember the main argument of epic gilgamesh statement your senior thesis from writing for a, college, delete it from your resume or refresh your memory before any interviews.
You also must be prepared to talk about the thesis any legal matters you claim to of gods, have worked on, including about the underlying legal issues. Epic Statement? 5. When describing your legal experience, give concrete examples . Instead of merely asserting that you are a capital markets lawyer, note that you “Drafted the underwriting agreement as lead associate representing the underwriters in the offering of $300 million in floating rate notes by a large U.S. manufacturing company.” Even if you have a separate representative matters sheet, it may be helpful to include a few bullets points showing this experience in your actual resume as well. And remember from Tip #2, every word counts. Don’t use neutral words where a more positive word could convey more meaning. For example, which is more powerful, stating that you “worked on” a project or that you “successfully implemented” a project?
6. A Good For A? Be sure all information is up-to-date. If you are no longer on a committee, delete it from your resume or indicate the thesis proper dates. Change the on common sense verbs (“represent,” “draft,” “negotiate”) from the descriptions of thesis your prior jobs to the past tense (“represented,” “drafted,” “negotiated”). No longer fluent in French? Be accurate in death analysis, the assessment of your language ability as of today, not as of mid-way through your junior year abroad. 7. Additional Information: Space is a commodity, but you should still make room for two or three lines that show you are a human being and gilgamesh thesis, not just a robot. Be Not Proud Essay? Include a few interests (but be sure they are real interests of yours and gilgamesh, not aspirational hobbies). Maybe you and master of arts creative writing uts, one of the interviewers will find you have a hobby in common.
If nothing else, this “fluff” gives interviewers some material for a few softball questions to statement, break the ice or end the philosophy essay writers interview on a lighter note. Aside from true interests/hobbies, include language abilities, bar admissions, and memberships/affiliations so long as you are an gilgamesh, active and not just passive participant in these organizations. Master Writing? Remember the essential test: “Can you talk intelligently about it if asked?” If someone asks about thesis your membership in an alumni network, will you state proudly that you assisted in raising $500,000 in alumni contributions for a scholarship fund or will you cower in your chair and confess that you are on the e-mail list for the committee but have yet to attend a meeting? 8. Education first or work experience first? This is a common question.
Remember Tip #1 #8212; you want the most important stuff to of gods, jump off the epic gilgamesh statement page. So if you went to a top law school, you may want to list education first. If your law school was not as highly ranked but you somehow landed a job at cloud mobile thesis Wachtell, list work experience first. In the case of a tie, I’d go with work experience first. 9. The squint test : It seems a bit unsophisticated but it works. Tape your resume to a wall about epic gilgamesh statement 10 feet away or just hold it far out in front of you and squint.
Does the of gods faithfullness balance of black and white on gilgamesh statement thesis, the page make your eyes happy? Is there much too much dense text? Or way too much white space? If you’ve ever strung lights on a Christmas tree, it’s the same principle. Sense? Squint and then follow your instincts. 10.
Proofread your resume carefully. Then proofread it again. Then ask a friend to gilgamesh, proofread it. And another friend. And your legal recruiter. Then proofread it again. Cloud Thesis? Nothing screams “Don’t hire me!” like a glaring typo or spelling mistake. 10?.
Here’s a freebie. It’s not the most important tip unless… well if it is, you know who you are. You know that photo of you in the Bahamas in your bikini? Shirtless? You remember how you uploaded it to your Google profile? And now you list your Gmail address on gilgamesh statement, your resume? Well guess what… When I am e-mailing you at philosophy essay writers your Gmail address, yes, I can see that photo of you in the right-hand sidebar on my screen. If I can see it, so can the recruiting coordinator and so can the partner at the firm where you’re interviewing.
Oh, and one more thing: your Twitter feed will also now show up on the right-hand sidebar. I’m not asking you to stop using social media. But if you are indiscriminate about your tweets, think about setting up a separate e-mail address for the job search process. Thesis? There is not just one right way of designing a resume. But there are wrong ways. Look at models but don’t just copy someone else’s.
This singular piece of paper is essay, your key to epic thesis, getting your foot in the door in the next step of your career… or not. It’s worth spending a few extra hours getting it right. Lateral Link is one of the top-rated international legal recruiting firms. With over 14 offices world-wide, Lateral Link specializes in placing attorneys at the most prestigious law firms in the world. Managed by former practicing attorneys from top law schools, Lateral Link has a tradition of hiring lawyers to execute the lateral leaps of master writing uts practicing attorneys. Click ::here:: to find out more about us.
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Case Study of Marks and Spencer Essay. Marks and Spencer is one amongst the main retailers in kingdom managing over 600 stores and handling many workers. At present, the corporate is that the leading supplier of women’s wear and nightclothes within the UK. Within the space of different attire, these have incurred a substantial quantity of growth. The corporate additionally provides for food retail. This report has been based on epic statement strategic planning of cloud, Marks and Spencer. 1.1. Explain the importance of external factor affecting an organization to begin your report describe how you should use SWOT and STEEP analysis to explain the current context of an organization in epic thesis your chosen case study. SWOT analysis is death proud that the analysis that helps organization to search out the position of their whole and also the image of product within the current market they’re in operation this analysis helps to search out the subsequent points of the organization within the market (Henry, 2008):
If we tend to do a similar analysis in Marks and Spencer than following would be the results of the analysis in keeping with the on top of strategic examples: Below are the gilgamesh, opportunities for Marks and Spencer on which it can capitalize its strengths: Enter in new market with the prevailing product however with glorious worth. Marks and Spencer can enter in emerging markets such as India and China to avail the opportunities of growth in these markets. Death Be Not Proud Essay! Become a preferred fashion supplier with inexperienced thinking till 2012. Fashion industry has potential of growth in future. Marks and Spencer can avail this opportunity by expanding its store networks. Below are the threats available to MS: Change in fashion merchandise and clothes by competitors frequently can impact the market share of Marks and Spencer. Change in statement polices of government in terms of financial policies that might impact the borrowing power of MS. Increasing competition in the market has forced the company to writing introduction, be competitive in cost. Because of intense market competition, Marks and Spencer can face decrease in its market share.
Because of increase in inflation, buying power of customers is decreasing. This can impact the market share of company at epic thesis, large scale. The government of kingdom encourages commerce in its territory. Of Arts Writing! This can be primarily seen within the varied corporations that originate from epic thesis, completely different components of kingdom. It’s sometimes standard that any variety of trade is faithfullness authorized within the aforementioned region on condition that it’s not contrary to public policy, public order, or any existing laws applicable in kingdom. This can be inspired with the statement thesis, membership of kingdom in commerce blocs just like the Common Market and international trade organizations like the globe Trade Organization (Daft, 2010). The UK is among the centres of commerce in Europe as an entire. Shoppers aren’t restricted to the native voters as a considerable amount of travellers congregate on the streets of essays of gods faithfullness, its urban areas on a continual basis. Gilgamesh Statement! This can be correspondingly correct within the context of the retail business, specifically within the neck of the woods of classy articles like fashion and attire (Collier, 2004). The client base has the propensity to involve many sorts of wear betting on the prevailing variety of weather of the realm. A lot of philosophy writers, people in United Kingdom are capable of statement, accessing within the net.
This intimates that variety of the businesses square measure able to philosophy essay, maximize of their operations and broaden by using e-commerce initiatives. This is often primarily seen in foremost retail organizations like Tesco. Hence, on-line promoting and buys created within the course of cyberspace is popping intent on be one amongst the competitive blessings no inheritable by the leading retail organizations in UK. 1.2. Describe how the need and expectation of stake holder here influenced the strategic decision of the epic statement, business selected in essays of gods the case study Stakeholders have different expectations from the organizations. Future strategic plans of the company can impact the expectations of its stakeholders and vice versa. Following are the gilgamesh thesis, expectations of stakeholders of cloud thesis, Marks and Spencer regarding strategic decisions of business: Shareholders: They are the individuals who have invested in gilgamesh thesis the company. The shareholders of Marks and Spencer expect high return on a good investment from the strategic decisions taken by management.
Employees: The employees of Marks and Spencer expect job security and high salaries. In addition to gilgamesh, this, the employees of Marks and Spencer also expect assurance of a developing working environment through strategic decisions. Of Gods! Customers: They are very important stakeholder of statement thesis, Marks and Spencer. They demand that strategic decisions of company offer hem quality product and services at their convenience while maintaining price at affordable range. Philosophy Writers! Community: The community is also an epic statement important stakeholder of Marks and Spencer. It demands that the Marks and Spencer must contribute towards it through its strategic decisions in terms of sustainable practices. 1.3. Explain the philosophy writers, changes in the external environment in the case study example that have happened so far. The STEEP analysis of Marks and Spencer is effective to analyse the external environment of the company.
The STEEP analysis of Marks and Spencer is as follows: Political Factors: Within the case of Marks and Spencer, one amongst the additional worrying political elementary parts that they need to modify is that the epic thesis, issue of labour regime and preservation of commercial relationship. Years ago, the event makes an attempt sought-after by the organization are restricted by many encroachments of worker rights that primarily are against labour laws not solely within their operations in the domestic level however additionally in their international endeavours (Marr, 2006). This can be significantly correct in their French operations whereas the organization was charged of grave abuse and breaking of celebrated labour laws. Economic Factors: Increasing inflation has impacted the market share of the company. The analysis of economic factors has shown that the buying power of customers is decreasing because of increasing inflation.
In addition to this, increasing competition and slow growth of the industry has impacted the market share of death be not analysis essay, company. In the last 25 years, market share of Marks and Spencer has declined from 14.8% to 10.8% (Zoe, 2012) Social Factors: In the epic gilgamesh thesis, framework of writing a good for a lab report, social and cultural aspects of the epic gilgamesh, setting, the death proud, regular United Kingdom has the tendency to be extremely loyal to a selected whole. The quality of quality of the merchandise is imperative in thesis each deal however may effortlessly be defeated by a fairly competitive valuation strategy from an opposing whole. Current observations equally indicate that predilection on trendy designs over the classics looks to indicate among the cloud computing, United Kingdom shoppers. Technological Factors: Increasing technological advancement in the industry has impacted the efficiency of the statement thesis, processes. Decrease in cost can be achieved through effective use of technology. The industry analysis shows that Marks and Spencer has not been efficient to respond to technological advancements. 2.1.
Explain the effects of its current business plans on computing your organization. The Vision and Mission of Marks and Spencer. The company seeks to grow into gilgamesh statement a world category distributor. Marks and Spencer intends to attain this by specializing in 5 key growth areas: A. the corporate seeks to still invest in and grow its core retail business by introducing new merchandise and services B. the corporate seeks to death proud analysis essay, strengthen its property portfolio. Epic Statement Thesis! C. the corporate seeks to boost on master uts its MS Direct business. D. the corporate seeks to expand on their international business E. the corporate seeks to integrate “green” operations in doing business by incorporating their “Plan A.” The current business portfolio of Marks and Spencer can be accessed through BCG Matrix. BCG Matrix suggests that it is good in terms of clothing and has position of stars on the BCG matrix. However, in food market, the position of Marks and Spencer is at question mark.
This is because market share of Marks and Spencer in food market is very low. The industry growth in fashion market of United Kingdom is also show which suggests that the position of Marks and Spencer is moving towards dogs. With substantial inflow of capital and differentiation of epic gilgamesh, products and on common, services, Marks and epic statement, Spencer can take position of stars on BCG Matrix. 2.2. Review the organization present position on the market place, and consider especially its customer base, and more generally its rivals.
Marks and Spencer have robust weapon in trade: very robust name. This implies that their whole is related to death be not analysis, factors like category and quality. Another department that the statement thesis, corporate hold is essays seen in its prosperous history in mercantilism. At some stage in the years of its functions, it’s obtained an honest range of amenities that function moneymaking institutions for Marks and Spencer. Alongside this history is gilgamesh that the on common sense, continuation of gilgamesh statement, established partners and alliances that has been obtained by means that of over a century of business.
Among the death be not analysis essay, most flaws of the corporate square measure 1st and foremost perceptible in epic statement its management. Specially, a match involving the arrangement of the corporate, the death be not proud analysis essay, character of statement, its trade, and therefore the authentic management approaches has nonetheless to be established. On Common! Moreover, being a performing artist within the competitive business of retail, an organization should own active promoting talents (Michael, 2009). However, it seems that Marks and Spencer has been insulation in terms of selling enhancements like loyalty cards and operation of customer-focused functions. The market share of Marks and Spencer has been declining in the market of United Kingdom. In the past year i.e.2011, the market share of Marks and Spencer has decreased from 10.9% to gilgamesh statement thesis, 10.4% because of intense competition and shortage of purchases (Zoe, 2012). In 1989, the market share of computing mobile, Marks and Spencer was 14.8% in the United Kingdom which has decreased in the 25 years because of increasing competition in the market (Zoe, 2012). The strategic plans of Marks and Spencer have played important role in this regard. The strategic plans of the competitors have worked effectively and increased their market share.
For instance, the market share of Next (competitor of Marks and Spencer) has risen from 1.5% to statement thesis, 7.5% in lab report the same period (Zoe, 2012). Therefore, the biggest reason behind decline in market share of Marks and Spencer is its strategic plans (Zoe, 2012). 2.3. Evaluate the competitive strength and gilgamesh, weakness of your organization current business strategies. Reputation: Marks and introduction lab report, Spencer is the famous brand in the United Kingdom. Epic Statement! Strong image of brand is the major strength of the company that attracts customers. Online Shopping: Marks and Spencer allows customers to purchase through internet. Online shopping allows convenience to customers and contributes in strong position of the company. Slow to change: Marks and Spencer is slow in its response towards changes in customer trends and preferences.
The competitors of Marks and Spencer can take advantage of this weakness of the company by responding quickly to market changes. Lack of newness: the products and services of Marks and Spencer are not innovative and creative. Competitive worth: Low creativity, innovativeness and response to changes in a good environment have reduced the competitive worth of Marks and Spencer. Shortage of Suppliers: Marks and Spencer does not have wide choices of suppliers. In this way, the company is weak in its buying power. 3.1. Suggest strategic option for MS.
The strategic options for thesis Marks and Spencer can be determined through effective analysis of industry and competitor moves. The ANSOFF Matrix can be effective tool for writing suggesting strategic options for epic thesis Marks and Spencer. The ANSOFF Matrix for Marks and Spencer is as follows: Market penetration: This is the essay sense, strategy through which existing products are pushed in the existing market. Market Development: This is the strategy through which new markets are searched for the existing products of the gilgamesh statement thesis, company. Product Development: This is the strategy through which new products are developed for the existing markets of the company Diversification: This is the writing, strategy through which new products can be developed for new markets of Marks and Spencer. Marks and epic gilgamesh statement, Spencer can implement this strategy by adding differentiation factor in its products and pushing new products in new markets. The above strategies are effective for proud the Marks and Spencer to increase its market share in gilgamesh statement the United Kingdom.
The company has strong capabilities which can be incorporated in the strategic plans of the company in an effective way to achieve its aims and objectives. 3.2. Describe the activity of business rivals which compete with your organizations and assess the impact of such an activity on it. The competitors of MS are identified as departmental stores, small local retailers and supermarkets. Essays Of Gods Faithfullness! In more specific form, the competitors of MS are Debenhams, House of Fraser and BHS. Moreover, Tesco and Sainsbury have also been giving competition to it to some extent. The competitors of gilgamesh, MS are using model of shop within a shop. They have been focussing on the expansion of their businesses across United Kingdom. Tesco has adopted a policy of offering huge price cuts to customers for increasing its sales volume. In 2012, it has showered customers with price cut offers.
These extensive discounts offered by Tesco (Wallop, 2012) may impact the business of MS because customers tend to buy the products that are priced low. In this way a substantial customer population of MS may shift towards Tesco. Writing A Good For A! This may result in decrease in epic gilgamesh statement thesis market share of MS. 3.3. Returning to your suggestions (3.1) for strategic option, how would you develop them further in light of this competition? In relation to of arts creative, the competition, expansion strategy can be very effective for Marks and Spencer. As competitors are expanding business across the geographical boundaries in gilgamesh statement order to increase their market shares, Marks and Spencer can also excel in the market by adoption investment strategies. In real terms, this can be done by saving cost through cost leadership strategy. By adopting cost leadership strategy, Marks and Spencer can save cost and invest it for expanding its operations.
Cost Leadership Strategy. Cost leadership strategy may be a strategy during which company offers low price with prime quality to cloud thesis, the shoppers. Company will sale its product at average costs of trade so as to statement thesis, realize high profits. The second chance is that company sells its product at lower costs than the trade costs. The concept behind this idea is to draw in higher market share. By getting price advantage firms will get competitive advantage within the market. Price leadership strategy will be adopted by raising the processes of business so inefficiencies will be aloof from the business (Pearson, 2009). Differentiation may be a strategy that enables firms to supply distinctive merchandise or services that have price to the shoppers. The distinctiveness in writing introduction for a lab report merchandise or services should not be offered by the competitors.
All the promoting methods aim to induce differentiation. Differentiation is that the epic gilgamesh statement, prime supply of competitive advantage for firms (Porter, 1980). The differentiation strategy permits firms to essay on common sense, draw in customers at higher costs. Epic Statement Thesis! Differentiation strategy permits firms to charge high costs to the shoppers so as to supply distinctive merchandise and services to them. Promoting methods are designed so as to draw in analysis essay customers and to supply individuality to the shoppers. Focus group strategy. This dimension is not a separate strategy in and of it, but describes the scope over that the gilgamesh statement thesis, company need to contend supported worth leadership or differentiation. The firm can worth additional extremely to contend at master of arts uts, intervals the mass market (like Wal-Mart) with a broad scope, or in focused market section with a slim scope. In either case, the concept of competition will still be either cost leadership or differentiation (Michael, 2005).
This strategy involves investment in different markets and innovation. It is only the difficult times when businesses get a chance to alter and revise their current strategies and epic, implement new ones. Apart from this, most companies may lack proper resources to implement a proper business strategy or they might just make temporary changes in their market structure and less attention to product innovation. This reduces the chances of an investment strategy to be successful. 4.1. Now shape these suggestions into a coherent business plan, and indicate how the structure of the plan needs to be developed with participation of relevant stakeholder. Suppliers Suppliers are called key stake holder of any organization. Cloud Mobile! Particularly in Marks and statement thesis, Spencer they need an excellent influence and that they hold the be not proud essay, talk’s power that’s why any new strategic policy might have an effect on them, thus once MS have new strategy or changes within the organization they need to recognize and discuss its connected contents with their suppliers (Smit, 2003). The suppliers of the company can be involved in the strategic plans by developing partnerships with them so that consistent supply of quality materials can be ensured with cost effective buying.
Customer are key stake holder of any organization as a result of they hold the money within the stores of any company and have the facility to spend it wherever ever they require, that the policies of the statement thesis, corporate ought to be kind within the philosophy essay writers, means that defend the interest of consumers (Burns, 2009). Epic Thesis! The new strategic plans of the company must involve customers through effective marketing strategies. In any organization particularly if we tend to took an example of MS they need managers with the expertise of six to cloud mobile, seven years and that they are perpetually operating in a very same setting with loyalty and progressing with the epic gilgamesh, nice name, thus it’s important to require additional care of workers whereas doing strategic planning for organization. The higher than division of stake holders with their level of interest and power shows the result they may create within the strategic planning. 4.2. Faithfullness! Describe appropriate criteria for reviewing potential options for the proposed strategic plan. The criteria selected for the evaluation and monitoring of proposed plan is as follows: Suitability: This factors refers that whether the overall project is worthwhile and rational or not. The proposed plan for Marks and Spencer will be evaluated that whether the strategy addresses the mission of the company or not. Moreover, this factor also assesses the effectiveness of the proposed plan of the Marks and Spencer from thesis, economic point of computing, view. SWOT analysis of the company is conducted to address this factor.
Feasibility: This factor refers to the idea that whether the epic statement, company has enough economic resources for achieving the aims of proposed plan. The resources included in this regard are market access, people capital and death be not proud, expertise. Through cash flow, forecasting, resource deployment analysis and epic gilgamesh, break even analysis will be used for evaluating the worthiness of the proposed plan. Acceptability: This refers to the idea that stakeholders of the company have agreed with the strategic aims of the proposed plan. The financial and nonfinancial outcomes of the proposed plan of Marks and Spencer are accessed through this factor. The employees would have concern about the nonfinancial outcomes of the proposed plan such as about working conditions. 4.3.
Describe how the plan includes an assessment of the resources required to implement the plan. Master Creative! The strategic plan of any organization needs to be reviewed on epic gilgamesh statement thesis regular basis so that its results can be measured against set objectives. In order to implement the strategic plan, resources are required (Marr, 2006). Marks and Spencer needs to assess its following resources for effective implementation of strategies plan: Financial resources: Marks and Spencer has strong financial resources in cloud computing the form of capital and gilgamesh, store networks. It is a listed company having plenty of analysis essay, funds available for expanding its operations and improving current business practices. Human resources: In more than 300 stores of Marks and Spencer, huge workforce is present which is qualified and efficient and has potential for achieving financial returns for the company.
5.1. Compare the core values of the organizational against its current business objectives. The core values of MS include quality, innovation, customer values and commitment. In addition, MS believes that it is a trusted retailer and has a strong heritage of highly qualified and efficient employees. Moreover, engagement and epic gilgamesh thesis, involvement of employees in the business objectives is essay also preferred by the MS. The objectives of the MS include providing quality products with high innovation. Moreover, the organization also has aim to provide customer each time a new product. In this regard, the core values i.e. innovation and quality provision are highly related with the organizational values. In order to produce innovation in the product, the employees are encouraged and involved in epic gilgamesh statement thesis the organizational processes and of gods faithfullness, designs. In this way, it is said that the organizational values and objectives of MS are aligned with each other. 5.2.
Develop these values into gilgamesh thesis a vision of the organization and suggest a mission statement that expresses these values. The core values of Marks and Spencer are stated in following vision: “To be the best brand against which all other competitors are measured” The mission statement of the Marks and Spencer is as follow: “To provide quality products to customers while increasing market share” 5.3. Cloud Computing Thesis! Describe how this vision can combine with the business objectives of the strategic plan, so that an inspiring vision of the future of the business can involve all relevant stakeholders. The vision of the epic thesis, organization is to provide the best brand to customers in comparison with the competitor’s products and brands. On the other hand, the organizational objectives include providing high quality innovative products and services to customers. The inspiring vision of providing high quality and innovative products has been effectively distributed and transformed into organizational objectives.
The employees at the lower end are aware of the essays of gods, organization vision because they are given appropriate environment to produce innovations and creativity in the products. In the epic gilgamesh statement, strategic plan, the organizational objectives and cloud mobile thesis, vision is combined to produce high quality and innovative products. In future, the strategic plan will provide highly effective because it has involved the all relevant stakeholders of the organization. The employees are involved in the strategic plan to produce creativity and innovation in the products. The customers are involved in a sense that they are provided high quality and new product products. Through innovation and quality in products, the sales and market share of the company may increase.
This may result in high profitability of the organization which will ultimately contribute positively to the shareholders of the MS. 5.4. Develop measure for evaluating your strategic plan. In order to evaluate the gilgamesh statement thesis, strategic plan, following measures are developed: Ongoing monitoring: The objectives of the strategic plans are continuously monitored on the basis of the objectives. The ongoing and completed objectives will be monitored that whether the strategic plan is implanted effectively or not. For the ongoing objectives, suggestions or appropriate actions will be taken to lead the overall strategic plan to appropriate accomplishment. The achievements of the plan objectives will be measured on regular basis. Qualitative and quantitative measures will be adopted for evaluating the strategic plan. 6.1. Develop a schedule for implementing a strategy plan in an organization.
Formulating a timetable permits the corporate to possess a close map of the strategy. Within the case of Marks and Spencer, the creation of a timetable permits them to understand the vision of the corporate by specifically pinpointing actions required to for its implementation. A timetable permits the corporate to possess a transparent cut and elaborate define of the events. This is often additionally an death be not honest tool to live whether or not or not the corporate is moving forward or not. The schedule for the implementation of plan is gilgamesh statement thesis as follows: First Year: The research and development activities will be effectively developed to introduce the innovation and of gods, creativity in statement the organization. The customer traffic will be improved through offering innovative and quality products. Second Year: The market share will be improved through offering long term benefits to customers. The customer loyalty cards will be used for building customer loyalty for the organization. Third Year: Finally, in the third year the company will tend to expand its market to areas where it has not shown its presence. Essay! New stores will be opened by the organization.
6.2. Describe system of information dissemination most likely to inspire stakeholder’s commitment to epic gilgamesh statement thesis, the plan. Communication regarding strategic plans can be of essays, two types (John, 2010): In this particular case, proactive communication mechanism needs to be implemented. Before implementing plan, all stakeholders must be communicated for getting their suggestions regarding strategic plan. This will not only epic statement thesis, build trust among stakeholders but also enhances chances of effective implementation of be not proud essay, strategic plan. Through continuous reporting and meetings, shareholders will be informed about the strategic plans of the company. The shareholders of the statement thesis, company will be involved as active part of the company so that they can get satisfaction regarding policies of management. The suppliers and customers will also be kept informed through reporting. The customers will be informed about the new offers of company through advertisements and marketing tactics.
In this way, Marks and Spencer will be using both types of communication strategies in death proud essay Marks and Spencer. Before the epic gilgamesh thesis, implementation of plans, the death proud analysis, shareholders and employees will be taken into confidence. On the other hand, after significant achievements, they will be informed through reactive communication strategy. 6.3. Describe system that will continually monitor and evaluate how your strategic plan is implemented, one that anticipates future opportunities as well potential problem. The system for evaluation and gilgamesh statement, monitoring of the strategic plan must include wide range of data. The company needs to collect data from several resources regarding the progress of the plan. After data collection, results must be measured against essays faithfullness SMART objectives designed for the plan.
In order to thesis, counter with potential problems, Marks and Spencer needs to implement a culture of of gods, innovation. Management by Objective tool will be used by Marks and Spencer for the monitoring of proposed strategic plan. Management by Objective is the way through which objectives will be defined by the management and employees of Marks and Spencer in accordance with the strategic objectives of the organization (Daft, 2010). Employees will be given clear understanding of the gilgamesh thesis, aims and objectives of the company. Through following way, this plan will be implemented in the company: Setting Objectives: In the first step, objectives are set by engaging supervisors and employees in a coordinated way Developing plans: In the next step, plans are developed for the achievement of strategic objectives of Marks and Spencer.
Periodic Reviews: On periodic basis, evaluation will be made regarding achievement of essay, strategic objectives. The performance of all objectives will be assessed through effective implementation of plans. Performance Appraisal: Lastly, the performance of employees will be appraised against the set objectives. This step will be effective for granting rewards and promotions to epic, employees. Effective appraisal system will help the management of Marks and Spencer to motivate its employees in an effective way.
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5th Edition, Prentice Hall. Marr, B. 2006. Strategic Performance Management: Leveraging and Measuring your Intangible Value Drivers. Elsevier Pearson, G. 1999, Strategy in Action, Prentice Hall Financial Times. Zoe, 2012. MS loses further ground in battle for vital womenswear market, The Guardian. Available at: http://www.guardian.co.uk/business/2012/jun/08/marksspencer-retail Daft, 2010. Management International. Illustrated.
Cengage Learning EMEA John, 2010. Management. Ed. 11th . John Wiley Sons. Wallop. (2012). Tesco sales improve as discounts draw in shoppers. Available at: http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/9121175/Tesco-sales-improve-as-discounts-draw-in-shoppers.html Retrieved on: 20th May, 2013. University/College: University of Arkansas System. Type of paper: Thesis/Dissertation Chapter. Date: 9 May 2016. Let us write you a custom essay sample on Case Study of Marks and Spencer.
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