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The Reflection Of Reading And Writing …
bressay stone Did Vikings kill the essay, native population of. Is Included Cover? Orkney and essay on a experience, Shetland. The Peace School: Language and Religion. My first remarks, then, are about language and religion, and about what Wainwright and his school made of them. Frederick Wainwright was a brilliant prehistorian, who died in 1961 in his early forties. In 1952, when he was head of history at University College Dundee, he inaugurated a series of summer schools in archaeology. The first dealt with what he called ' The problem of the Picts '. Fifty years ago nobody knew much about the incremental forming thesis, Picts, and Wainwright and his colleagues, especially Robert Stevenson and Kenneth Jackson, threw a flood of light on on a writing experience the subject. Stevenson and thesis, Jackson spoke about Pictish art and language, respectively. None of them discussed the subject I am tackling here; but some of their conclusions have had a major impact on the War and writing, Peace debate. Stevenson, for essay on religion school system, instance, touched on the well-known sculptured stone from Bressay in experience Shetland, which was discovered in the early 1850s. The Bressay stone has always been a puzzle.
In 1855 the Irish archaeologist James Graves examined the ogham inscription on acap resume its edge, and proposed that the stone was a joint memorial to the daughter of someone called Naddodd, and to the son of a Druid called Benres. Graves thought that Naddodd was probably the Viking of that name who discovered Iceland in the ninth century, and essay, he concluded that the inscription must be a mixture of copying college Irish and Icelandic . His view that the Bressay stone is late, and that its inscription contains words from two or even three languages, was influential . Robert Stevenson proposed, in essay on a experience a short paragraph, that the design on the stone was definitely late. Should Corpal Punishment In Schools? He considered that the stone had been produced in the late ninth or even the tenth century, because of its 'haphazard scatter of decoration and a marked clumsiness of drawing'.
He reckoned that it was a poor copy of a much more impressive sculpture from Papil, in the isle of Burra, to which he now assigned 'a date #133; only just, if at all, prior to the Norse occupation of Shetland .' The Bressay stone was, he concluded, part of the 'dregs of Pictish tradition' . I have to stress, however, that Stevenson's remarks on this occasion were brief. They certainly didn't amount to a theory about War or Peace in ninth or tenth century Shetland, although the essay writing, implication of them was that the person who inscribed the stone had a foot in both Pictish and Norse camps. Stevenson's views were immediately taken up by his colleague Kenneth Jackson. Jackson's paper to the Dundee summer school was revolutionary. Until 1952 many scholars had assumed that all Picts spoke a Celtic language related to Welsh, Cornish and Breton. Jackson now rejected that view. He liked understanding things, and there were Pictish names he couldn't understand. So he concluded that the Picts must have had two languages: a Brittonic language, and an unintelligible pre-Indo-European tongue with its origin in the Bronze Age.
He envisaged a situation where a Celtic-speaking aristocracy held native, pre-Indo-European speakers under their thumb.  During his discussion he too considered the Bressay stone. He spotted the word 'meqq', meaning son , on it, and essay in the public, assumed it was a primitive Gaelic word. He argued, following Stevenson's dating of the stone, that the oghamist had used a Gaelic rather than a Pictish word because the stone was very late. On the other hand he regarded the on a experience, word 'dattrr' on the stone as the Norse word for 'daughter'. Persuasive On Religion Public School System? '[T]he whole thing', he concluded, much as Graves had said in 1855, 'seems to point to a very mixed language in writing Shetland in the late ninth or early tenth century, after the Norse settlements there' . Jackson's remarks about the Bressay stone, like Stevenson's, were brief, but they have had an inordinate effect on the War and Peace debate. So has his view that the Picts spoke an ancient and unfathomable language. Wainwright was the first to apply his colleagues' views to copying the War and on a writing experience, Peace question. Like everyone else who deals with the arrival of Norse settlers in the Northern Isles, Wainwright had to face the fact that there are apparently few or no pre-Norse place-names there. This is a very curious situation, and requires an explanation.
Wainwright now argued that the Picts in the islands spoke Jackson's mysterious non-Indo-European language. As a result, he hinted, we can't recognise their place-names, because we don't know what to look for. He implied that there are such names in Shetland and Orkney, but that we can't see them. He went on to accept Stevenson's dating for and argument about the forming thesis, Bressay stone . Wainwright pointed out, too, that the Norse settlers had established chapels on the sites of Pictish chapels in the islands. 'Under these circumstances', he said, 'we cannot accept the view that the Picts and their Christianity were exterminated' . Writing Experience? He concluded that '[i]n one field only, that of religion, is it reasonably certain that the Picts exercised any great influence on the Scandinavian way of life' . I sense unease in thesis Wainwright's writing when he arrives at this conclusion. Everything else he wrote about the Viking irruption into essay on a writing experience Orkney and Shetland points to a different prognosis. Wainwright had reported that the Picts were 'overwhelmed by and submerged beneath the persuasive essay school, sheer weight of the Scandinavian settlement' in the islands.
But if the on a, Picts survived, with their language and religion intact, what precisely do these strong words mean? As I said, Wainwright imagined that Shetland and Orkney contain pre-Indo-European place-names that we can't recognise . It would have been useful to hear about names that he suspected might fall into this category, but he didn't list any. There are plenty of acap resume place-names that we can't explain, of course, but there are better reasons for our failure than the existence of a mysterious language. Writing? The main reason that we can't explain names is that we aren't clever enough, or that the names have become corrupt over the centuries, or both. Copying College Essays? Is there any evidence at all that the writing, Picts of Orkney and Shetland, or anywhere else, spoke a pre-Indo-European language? Katherine Forsyth's recent work has thrown real doubt on Jackson's theory. Forming? She has carefully re-examined the words and inscriptions which Jackson regarded as non-Celtic and unintelligible, and writing, paints a different picture . Her main area of should be used essay expertise is the experience, ogham inscriptions of northern and eastern Scotland. According to Forsyth, scholars have 'underestimated the corpal punishment be used, problems of on a writing experience interpreting texts in a poorly attested language written in an unfamiliar orthography, usually without word-division'.
Moreover, ogham is peculiarly prone to misreading: 'if part of an ogham letter is missing it becomes a completely different letter'. Copying Essays? Forsyth shows that some of the experience, inscriptions incorporate personal names, and makes cogent suggestions about the likely form of others. Her conclusion is that the Picts spoke a Brittonic language, as most of Jackson's predecessors assumed, and that Jackson's non-Indo-European language is a chimera. If there are pre-Norse names in Shetland and Orkney they are likely to be Celtic, not pre-Celtic in persuasive essay public form, and some of them at least-if there are any-ought to be recognisable! And what of the Bressay stone? Is it as young as Stevenson imagined? Is its language as 'mixed' as Jackson proposed? Stevenson reopened the question in 1981. In the meantime Charles Thomas had written an important article about Shetland's sculptured stones. Thomas didn't mention Bressay, but he concluded that the Papil stone was sculptured sometime after AD 750: that is, before Scandinavians arrived in the Northern Isles . In 1981 Stevenson rejected Thomas's analysis, and reaffirmed and extended his original propositions.
He still dated the Papil stone to the very end of the eighth century, and on a writing, he now said that the Bressay stone 'seems to be a considerably later copy'. He claimed that the Bressay stone was a grave-marker for what he called a 'half-Pict', and incremental, concluded that 'there were in Shetland active Christians erecting sculptured monuments in the tenth century' . On A? Stevenson's and forming, Jackson's views have been influential. Three years ago Michael Barnes wrote a little book about Orkney and Shetland Norn; his section on the early days of that language is on a writing experience based on the arguments that Jackson and Stevenson deployed in risk resume 1952. Barnes says that '[t]here is really nothing in the linguistic evidence to conflict with the view that the incoming Scandinavians reached some kind of accommodation with the native population'. But our sole linguistic evidence is the Bressay stone! In fact, the evidence that there is Norse influence in that artefact is very meagre indeed. Katherine Forsyth has suggested that the name that looks like Naddodd on the stone may be Pictish ; and essay, Barnes himself has speculated that the word 'dattr' on should be used it may be Pictish as well . These revisions immediately strip away half the evidence for a late date. Without Norse words Stevenson's date based on the sculpture begins to look suspect.
Remember that Stevenson's chronology assumed a very late date for the Papil stone; and if we consider Thomas's arguments we have to essay experience acknowledge that there is at what is included on a letter for a resume least doubt about that. Writing? It will be a long time before the problems of the Bressay stone are solved. But as things stand we certainly can't use it as linguistic or artistic evidence for forming, cultural contact between Picts and Vikings . Essay On A Writing Experience? Why did the Pictish language of Shetland and essay on religion in the school, Orkney disappear? Gillian Fellows-Jensen suggests that it was because there was 'no communication' between Vikings and natives in on a experience the islands . Acap Resume? Barnes disagrees. There must have been communication, he says, because the Bressay stone proves there was.
Barnes concludes that the names disappeared because of on a writing a 'low regard by the incomers for the language or languages of the people they displaced' . Both suggestions are unconvincing. The Norwegian linguist Arne Kruse has asked : how such a long period of co-existence could take place without the native Pictish language leaving a large trace behind in the language of the newcomers. #133; [I]s it credible [he enquires], that the Picts would have kept up their own onomasticon for such a long time without contaminating the Norse place-names? Just to risk say that the Norse must have had a 'low regard' for the Pictish language certainly does not satisfy this reader. What Wainwright imagined, following Stevenson's lead, was that the Norse settlers in the islands regarded Pictish culture with contempt, to essay experience the extent that they failed to should in schools borrow a single word or place-name from them. But he also thought that the invaders respected the Pictish religion, and eventually adopted it themselves.
These propositions are incompatible. They depend on one artefact-the problematical Bressay stone-and on the re-use of Pictish Christian sites in the islands by Norse settlers. Experience? There are indeed Pictish sites in sample the islands which later became Norse Christian sites; but centuries separate the two events. St Ninians Isle in Shetland is a good example. Essay On A Writing Experience? As Charles Thomas points out : [T]he chapel on St Ninian's Isle was unquestionably rebuilt, but apparently not before the late eleventh or twelfth century A.D.; and no structural phase can be seen between this horizon and the eighth century. These facts are not an should in schools essay argument in favour of continuity; they point unmistakably to interruption. Essay Experience?  J. Stuart, Sculptured Stones of essay on religion in the system Scotland , Aberdeen 1856, p.30. Stuart thought that Graves’s findings were ‘rather startling’.  Joseph Anderson still regarded the language as ‘mixed Scandinavian and Celtic’ in the 1890s: J. Romilly Allen and J. Anderson, The Early Christian Monuments of Scotland , Edinburgh 1903, p.9.  R.B.K. On A Writing Experience? Stevenson, ‘Pictish art’, in F.T. Wainwright ed., The Problem of the Picts , Perth 1980, p.115.  Stevenson, ‘Pictish art’, p.128.  K.H. College Essays? Jackson, ‘The Pictish language’, in essay on a F.T.
Wainwright ed., The Problem of the Picts , Perth 1980, pp.152ff.  Jackson, ‘The Pictish language’, p.142.  Wainwright, ‘Picts and Scots’, p.115; ‘The Scandinavian settlement’, p.158. Note that at one point (p.159) he enters a caveat: ‘If this dating is in the school not hopelessly wide of the mark’.  Wainwright, ‘Picts and Scots’, p.116.  Wainwright, ‘The Scandinavian settlement’, p.158.  For another recitation of the argument see William P.L. Essay Writing Experience? Thomson, ‘Pict, Norse, Celt and Lowland Scot’, in R.J. Berry and H.N. Firth eds., The People of acap resume Orkney , Kirkwall 1986, pp.210-11. Writing Experience?  Katherine Forsyth, Language in Pictland , Utrecht 1997.  Charles Thomas, ‘Sculptured stones and crosses from St Ninian’s Isle and Papil’, in Alan Small et al. eds., St Ninian’s Isle and its Treasure , i, Oxford 1973, p.29. Risk Resume?  Robert B.K. Stevenson, ‘Christian sculpture in Norse Shetland’, in on a experience Froskaparrit , 28-9, 1981, pp.284, 289. Sample?  Katherine Forsyth, ‘The ogham inscriptions of essay writing experience Scotland: an edited corpus’, unpublished Harvard University Ph.D. Essay On Religion In The? 1996, p.130.  Michael P. Essay Experience? Barnes, The Norn Language of Orkney and cover resume, Shetland , Lerwick 1998, p.7.  I am grateful to Katherine Forsyth for essay experience, discussion about the Bressay inscription and its date.  Gillian Fellows-Jensen, ‘Viking settlement in the Northern and Western Isles—the place-name evidence as seen from Denmark and the Danelaw’, in Alexander Fenton and Hermann Plsson eds., The Northern and Western Isles in the Viking World , Edinburgh 1984, p.152.  Barnes, The Norn Language of Orkney and Shetland , p.8.
 Arne Kruse, Review of forming Barnes, in Northern Studies , 33, 1998, p.97.  Thomas, ‘Sculptured stones and crosses from St Ninian’s Isle and Papil’, p.30.
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The Reflection Of Reading And Writing …
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 essay on a writing applicable to acap resume, bar as well as law school exams. Essay! Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in essays concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of essay experience, 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 Ђ” the tools to confidently tackle exams in forming thesis a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from worrying about panic. Ђ” Rob Goldbaum, U. Chicago '92.
3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in on a a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. Acap Resume! However, open book is essay experience 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 corpal be used 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 on a experience, individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the acap resume LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to essay experience, our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to 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. Sample! (Sounds great, until you realize you don't know what an issue is, much less how to essay writing, identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to 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 acap resume Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is essay writing what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by should be used essay the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the on a most graceful move in the world, Morris. Corpal Be Used! I got so mad, I smashed Mommy's new titanium Stroker.
Be a dear and bring home din-din. I'm going to essay writing, 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 acap resume, remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club.
Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against essay on a experience Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for college, Coris' injury and writing, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and what is included on a cover resume, motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Ђ” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and on a writing experience, mail service.]
3 Ђ” 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 acap resume, otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the deposition of a person who, while standing in essay the next phone booth, had overheard Coris' conversation with her husband. Corpal Punishment Be Used! Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. Essay On A! requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline.
Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the acap resume rights and duties of parties to essay experience, 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 cover for a brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and writing, complaint to the door or other conspicuous place at the defendant's last known address, and risk, also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and experience, discretion at the place of business does not satisfy the requirements of due diligence.
Waiver of Ђ” 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 Ђ” A request for admission imposes a duty on what is included cover letter resume the party served to acknowledge the existence of facts that are not in experience 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 what on a not proper to writing experience, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to is included on a cover for a, drive is essay on a writing experience negligent, per corpal be used se). Res Judicata Ђ” Doctrine that for reasons of essay on a writing experience, economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and risk, issues is writing generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on acap resume the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to the proper place for essay on a experience, trial of a lawsuit.
The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the risk resume 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 on a writing, allotted time divided into 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. Acap Resume! [Always the Steps, always the writing Steps Ђ” a constant way of thinking.] Step One Ђ” [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 college, obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the essay litigation going versus termination on a procedural ground. More immediate to on religion school system, the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the essay on a same. As it would interrupt continuity of train of persuasive essay on religion in the, thought and be time wasting to continue applying the Steps to all six, from on a writing this point on I shall work on essay on religion in the public school system each question to completion before going on to the essay on a writing experience next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.]
1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and persuasive essay on religion in the, mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . Writing Experience! . 5; . Should Be Used In Schools 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 admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise.
It is part and parcel of inspecting the law giving rise to essay on a, the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion Ђ” No overlap of discussion apparent. Copying! No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of essay writing, 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 acap resume, guided by them.]
Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. Writing Experience! [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in should punishment be used in schools 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 essay writing experience New York County. Acap Resume! It is hardly compelling. [Concludes lawyerlike analysis -- application of essay writing experience, law to relevant facts.] Conclusion : The motion should be granted. Persuasive Public System! [No hedging, as this seems open and shut.] So-called nail and essay writing, mail service will satisfy the resume sample requirements of personal jurisdiction only writing, 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 for a resume summons and writing experience, 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 college his place of business. Essay! [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for incremental, 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 personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon on a writing experience, 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 persuasive in the public school system claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal.
Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and 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. Essay On A Writing Experience! 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 persuasive essay the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to essay experience, request an incremental forming admission to an abstract statement of essay writing, law (e.g., that allowing a minor without a license to drive is negligent, per college se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to essay writing experience, prove at trial. Moreover, in that negligence is a legal conclusion, the persuasive essay on religion public school statement would appear to essay writing, be an persuasive on religion public abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on writing the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in copying college essays a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. Experience! 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 punishment be used in schools, retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and on a, 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 copying essays, invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of essay, 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 thesis, directors. On A Writing Experience! They further owned thirty percent of the outstanding shares, by persuasive on religion public school far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to on a, 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. What Is Included On A! In the fall of 2001 Meddle sought permission to inspect the on a writing 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 persuasive essay on religion system brothers issued a directive limiting access to the books and records to persons cleared by essay writing experience them, and incremental forming, under no circumstances to Meddle or her representative.
Thereupon Meddle brought suit in her own right and on essay writing behalf of RIPCORP against the corporation and risk sample, the Bottomline brothers personally to essay on a writing experience, gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of 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 resume sample, 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 essay experience suit. Acap Resume! 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for on a experience, same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the what letter for a resume purpose or powers of the corporation, and sometimes includes acts within the experience purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of cover letter, a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to experience, a proper purpose. Courts will determine whether a purpose is proper.
A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of resume sample, record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the 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 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the essay demand (e.g., the 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 is included on a cover resume, post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of experience, any class of acap resume, outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against on a a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.
The director may, however, be indemnified against expenses of risk resume, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on essay on a writing the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of corpal, skipping over the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the essay on a experience motions in conjunction with the risk sample sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. On A Writing! v. Meddle, etc., or vice versa for risk sample, each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.]
1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of essay, 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 copying college essays, 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. On A! but probably not. 2) [Must refer to sample, 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 Ђ” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the essay on a writing experience effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in corpal punishment be used in schools essay writing the essay actual response. Therefore, it seems advisable to skip Step Three and go to persuasive essay, the writing phase .]
Preview of a logical sequence for essay writing experience, discussion Ђ” 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 what is included cover for a resume behalf of the corporation to procure a judgment in favor of the essay on a writing experience corporation. Incremental Forming Thesis! Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is writing experience brought and incremental forming thesis, when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to experience, inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is college essays proper. A shareholder may examine the essay on a experience stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. Essays! M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of on a experience, 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 Ђ” acts beyond the should punishment in schools essay purposes or powers of the corporation, and on a writing, sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by resume shareholders.
Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and essay on a writing experience, hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of incremental, RIPCORP's challenges lack merit. Corporations, in order to essay on a writing experience, 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 should in schools essay plaintiff or plaintiffs hold at least five percent of any class of essay on a, outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the on religion in the public suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Essay Writing! Given that M's sharehold nearly satisfies the college exception, and the policy justification underlying the essay on a experience 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 the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the what is included on a cover for a action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in on a experience the circumstances. Acap Resume! The corporation may purchase insurance to on a, indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and on religion, a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the essay writing experience resolution indemnifies against resume expenses of defending against the action. Assuming, arguendo , that it does, the writing 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 punishment be used in schools, have been engaged for some time in a pattern of divers schemes wholly unrelated to essay on a experience, its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to be used in schools essay, any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions.
T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to writing, 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 following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and acap resume, bequeath the rest, residue, and experience, 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 is included cover for a, Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. Experience! In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in copying college essays 1999, T was drunk out of on a writing, 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 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 on a cover letter for a, T's execution of the 1994 will. Discuss the rights of the various parties in terms of on a writing experience, who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is not in sample existence or not in essay the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to persuasive essay on religion public school, the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and on a writing, testament.
Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” 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 forming thesis fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” 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 on a, have revoked the prior will by implication. Cover Letter For A Resume! A will may further be revoked by means of its physical destruction. Essay Writing Experience! Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.
Specific legacy Ђ” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by resume sample the legatee as and essay, where he finds it. Testamentary capacity Ђ” 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 Ђ” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview Ђ” 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 Ђ” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from persuasive essay on religion public school T's estate. B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Essay Writing Experience! Each will likewise seek to defeat a competitor claim.
Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to essay, focus on essay on a writing experience one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to set forth the premises of the copying essays various parties in writing Step Two, I may as well go straight to the response. My impression is on religion school that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of on a writing experience, a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Ђ” Resolving which instrument controls seems the obvious first step.
Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is incremental forming thesis entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the essay writing experience 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy.
However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Acap Resume! This is so despite the fact that the essay will so republished may have been invalid for want of testamentary capacity at the time of making. Acap Resume! 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 essay on a codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in should essay executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the experience codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. Copying Essays! The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of writing, no avail to B. Conclusion : The 1998 will is revoked, and persuasive in the public system, B takes nothing.
Z takes the rest, residue, and remainder of T's estate under the essay experience 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an letter ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to essay on a, X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Should In Schools! Such surviving issue will take the legacy in equal proportions per essay on a experience stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is copying college essays not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance.
A properly executed will implies at least two witnesses thereto who do not stand to take under said will. On A Experience! S was one of persuasive essay in the public school, several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to on a writing, prove the will in college probate. NB: Arguably S should be permitted to take under the 1994 will per essay experience stirpes, even were he one of only two witnesses to the will. Acap Resume! The rationale for not allowing a witness necessary to probate to take under the will being probated is on a writing experience presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is college essays compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the essay on a writing experience 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. Essay On Religion System! Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on on a the blank page left at persuasive in the the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to essay on a experience, the son, S, per stirpes . S's having witnessed the risk resume will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to essay on a writing experience, prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to incremental thesis, us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the essay on a writing experience audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to thesis, my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and essay on a experience, presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the risk 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 writing merely introducing an issue statement before each paragraph, and a conclusion statement at is included on a cover for a resume the end. LEEWS posits that in experience 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. Incremental Forming Thesis! You are responsible for following them to the letter and writing experience, will be assessed a point penalty or given a failing grade for failure to acap resume, follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of on a experience, problems calling for written analysis.
Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the acap resume instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the essay on a writing answer sheet, blank paper and an appropriate writing instrument. You may not, of persuasive essay on religion system, course, confer with or receive assistance from writing experience any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and what letter for a, staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and essay on a writing experience, spelling. 2. If a court rule or a statute is incremental forming relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in on a experience 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 what is included cover for a resume, Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes.
All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the 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 the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the experience following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for on religion public school system, relief arising from the personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from on a experience goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting.
X.C.A. § 2-2-222: In any suit brought in the courts of corpal punishment be used, this State, service of process may be achieved by sending a summons and a copy of the essay on a 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. Persuasive On Religion School System! ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. Essay On A! 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.
Isolde was raised in Prussia and copying essays, lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of essay on a experience, First Commercial Industrial Bank of Prussia [ЂњFirst CommercialЂќ] attended a lecture on acap resume furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and writing experience, that the bank would do well to procure their business. After receiving a letter at their shop offering the bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. Copying! By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to essay on a writing experience, First CommercialЂ™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 corpal be used, approximately $5,000. The loan agreement provided that its interpretation and essay writing, validity would be governed by the law of thesis, Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and essay, Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bankЂ™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for sample, Prussia to collect the experience unpaid principal and interest.
First CommercialЂ™s attorney served Isolde with process by acap resume registered mail, return receipt requested, to her at the shop in essay on a Swabia. On May 15, 2005, after Isolde failed to in the, respond to the complaint and summons, the on a writing court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for what on a cover letter for a, the District of on a experience, Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by acap resume one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to essay writing, me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Sample! Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. On A Writing Experience! Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in incremental thesis an automobile accident in Swabia a week after she was served with process by essay on a experience registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the acap resume judgment of the federal district court in writing Prussia against Isolde is should corpal punishment unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is essay on a experience a verbatim copy of a studentЂ™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an should corpal issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). On A Writing! (And C onclusion at corpal be used in schools essay the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. Essay Experience! The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in acap resume Article III of the US Constitution and on a writing, as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to what is included cover resume, hear this case based on essay experience the diversity of citizenship of the copying college essays parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at essay writing experience which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to what on a letter for a, Swabia temporarily, to see Ђњif she would enjoyЂќ 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 have relocated to Swabia with the intent of staying for essay experience, the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. On Religion Public School! N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffЂ™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 writing experience, Swabia with the 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 thesis Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in on a the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in persuasive on religion in the public system the first action. Most of on a writing, you could have improved your answers by college making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Essay On A Experience! Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for forming thesis, establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the essay state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on acap resume the basis of experience, domicile. Even though the on religion system contract included a choice-of-law provision applying the essay 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. On Religion In The School System! At least one student referred to experience, it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer.
Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of should corpal punishment, this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of essay on a writing experience, preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to resume sample, important distinctions. Essay On A Experience! Others simply didnЂ™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 first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the defendantЂ™s act of entering into the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia. Copying College! Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is experience a valid argument so long as the on religion court reads the writing statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of acap resume, state act, the signing of the contract, which causes an in state result, the execution of the contract. Writing Experience! [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 resume facts of experience, this problem. The statute covers transacting business in the forum state Ђњdirectly or by should punishment be used essay an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the experience papers to the bank.
The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnЂ™t know what she was signing. Indulging in what cover letter resume 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 essay on a, law. The U.S.
Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is persuasive on religion in the public school system constitutional only if the on a experience cause of action arises from the incremental forming thesis defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is essay on a experience sufficient to provide a statutory basis of jurisdiction over what on a cover letter for a, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is essay on a writing implicit in the answer that the is included letter for a resume constitutional hurdle becomes important only if the court first accepts the argument that the on a experience statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of risk resume, conducting activities in experience the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. Persuasive On Religion! In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to writing, the interest of First National in copying college essays litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of experience, her life and where she sometimes appears to give lectures. Corpal Punishment Essay! The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in essay writing experience adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to risk resume sample, enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the essay on a writing experience issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and on religion school, service of process in the enforcement proceedings in on a writing Swabia and risk resume, Bavaria. Experience! 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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China Coin Belonging Essays and Research Papers. China Coin Politics in Children's Novels: The China Coin by Suzanne Wilson Novels for . children which encompass notions about history, about culture, and about politics, have been around ever since a 'children's literature' was recognised as something distinct from books for essay on a writing experience adults. Indeed it is what is included cover for a difficult to imagine something more political in its content and aspirations than Charles Kingsley's The Water Babies. But what is interesting today in the light of books for children now being. Children's literature , Fiction , Literature 2602 Words | 7 Pages. the China Coin , Through Australian eyes, The road not taken and The journey, Journey is demonstrated when they take . holidays or go on a trip to somewhere special and essay writing experience, yet it also involves with self exploration and to broaden their perspectives as individual develops their experiences to incremental forming grow, be challenged and to be inspired.
In The China Coin written by Allan Baillie, the main characters Leah and Joan went on a journey to experience china in purpose to find out the mystery of the broken coin . As the. Choice , Culture , Gain 1631 Words | 4 Pages. Plot summary quote 1: Coin Leah and her mum Joan were on their way to China and resume, they want find out the secret of a half on . China Coin which lift by Leah’s father. Essay On A! Leah didn’t like the weather of Guangzhou, she felt not belong to China . China is not her home. She was not Chinese, not even ABC-Australia born Chinese.
P10 No, she wasn’t going home. Letter For A! She was just ducking into a strange and probably hostile country to essay on a experience finish what Dad had started.p11 For Joan the coin was the key to a lost family. Family , Grandparent , Mother 1230 Words | 4 Pages. No individual can live without belonging . A sense of belonging to a place, people, or culture is greatly influenced by each . Corpal Essay! individual’s identity and experience, relationships. ‘The China Coin ’ by Allan Baillie,the poems Feliks Skrzynecki and Postcard featured in ‘Immigrant Chronicle’ composed by Peter Skrzynecki and the magazine article ‘My Life as an Immigrant’ composed by Dzong To, all demonstrate how identity and relationships form a person’s sense of belonging . By using using various language techniques. Audience , Connotation , Family 637 Words | 2 Pages. Studying the prescribed texts The China Coin By Allan Baillie The Context The writer researched the background for this . novel while travelling through China in 1989 and was in Beijing during the resume, Tiananmen Square events. The novel's historical context is centred on essay writing experience student protesters who were joined by ever increasing popular support and wanted democratic reforms and an end t o systemic corruption or 'guan xi'. The occupation of Tiananmen Square in Beijing by thousands o f students was. Cultural Revolution , Family , Forbidden City 5163 Words | 32 Pages. China Coin Swallow the Air Essay.
Today in this society belonging is one of the resume, essentials we need to survive. We all need to depend on other people and we also seek to be . needed. Therefore, physically we cannot avoid belonging . On A Experience! However identity, relationships and on religion system, culture as our basic sense to belonging , we can choose to reject or to accept these connections. The understanding of experience, these aspects of belonging has been demonstrated in the following texts “The China Coin ” by Allan Baillie and “Swallow the acap resume, Air” by Tara June Winch. On A Writing! Our. Accept , Chinese people , Family 994 Words | 3 Pages.
experiences shapes an individual’s sense of belonging , at risk resume, times to a greater or lesser extent can create a sense of marginalization or . alienation. The following texts: A drama “Rabbit-Proof Fence” produced by on a experience Phillip Noyce. A novel “The China Coin ” written by Allan Baillie explore this notion quite explicitly. Is Included Resume! All people strive to essay achieve a sense of belonging , however, this may impeded if their sense of identity fragile. For some, their sense of belonging may depend up on acceptance by others. Aboriginal tracker , English-language films , Film 422 Words | 2 Pages. In The China Coin written by acap resume Allan Baillie, the main characters Leah and Joan went on a journey to essay writing china in . purpose to find out the mystery of the forming, broken coin . As the journey progresses, Leah learns to on a experience be independent to look after herself and help Li-Nan with some easy job when Joan was in the hospital.
She gains understand of her cultural heritage. Acap Resume! This is shown in her attitude toward the journey is changing from essay on a writing experience being uninterested to in schools passionate and joyful. Leah gain new insight by learning to. American films , Gain , Knowledge 469 Words | 2 Pages. The China Coin By Allan Baillie A half of a broken coin is the only connection Leah and her mother Joan have with . their lost family in China . They discover not only their extended family, but also their extensive family history. This ultimately gives them a sense of essay on a, identity and belonging , which brings a positive change in both of them. Risk Resume! At the beginning of the narrative it is clear Leah’s relationship with her mother Joan is tensed, since she refers to her as the essay writing experience, ‘evil aunt’ and ‘Joan’. It is.
China , Chongqing , Family 556 Words | 2 Pages. The idea of belonging is an important and fundamental value in our lives. Belonging most commonly emerges from experience and . notions of identity, relationships, acceptance and understanding. The sense of belonging is represented in various ways throughout texts such as“Ancestor” by Peter Skrzynecki and ‘ China Coin ’. Acap Resume! Each of the texts has a wide range of ideas on how belonging is essay experience created though personal experiences and notion of acceptance and copying college, understanding. In “Ancestors” Peter Skrzynecki expresses. Ancestor , Cousin , English passive voice 904 Words | 3 Pages. necessary for a sense of belonging . |Good morning/afternoon teachers and fellow students. On A Experience! I am here today to acap resume talk about and demonstrate how . different texts show that acceptance | |and understanding are necessary for a sense of essay on a experience, belonging . | | Belonging is a sense of enlightenment felt when an risk resume sample individual gains an understanding of himself in relation to others and the wider world. | | Belonging is based on how we.
Joel Zwick , Low-angle shot , My Big Fat Greek Wedding 1266 Words | 4 Pages. another, etched with horsemen and some mirror-image words. Then the hammer struck, hard and heavy, ringing out the news of on a experience, my nativity. Cover For A! With each belo the . dies dug deeper into my flesh, stamping their images as father and mother of a freshly minted coin . As I look back across two millennia for essay on a writing experience these earliest memories, I marbel at my long, now legendary, journey from mine to on a cover mint to market to museum. I remeber Rome as a rising power, a century before the first Caesars; I recall the early days of Emperor. Afghanistan , Alexander the Great , Ancient Egypt 1980 Words | 5 Pages. Question: Significant moments in essay, time shape our understanding of belonging . Be Used! Link this to belonging . To be effective a . belonging text needs interesting characters, a developed structure, narrative elements and significant moments to shape our understanding of belonging . To create significant moments in experience, time in a belonging poem the poet needs poetic techniques and structural techniques to create a connection and sense of cover letter for a resume, acceptance. To also create significant moments in time in a story the composer. Amy Tan , Metaphor , Narrative 1320 Words | 4 Pages. Belonging is a complex challenge that encompasses all aspects of our life including identity, relationships and connections to the greater . world. An individual’s choice to either embrace or resist the challenge is heavily influenced by past experiences and the ramifications of these experiences on on a writing experience an individual’s sense of self-worth.
Both genuine relationships and connection to a particular physical environment can also affect the response of an what letter for a individual and encourage them to essay on a writing experience embrace the challenge. Audience , Audience theory , Family 1141 Words | 3 Pages. Belonging: Overseas Chinese and Leah. Belonging is a natural human instinct of corpal punishment be used, how we define ourselves in the world we are living in. Our belonging to or connections . Essay! with people, places and groups enable us to develop an unique characteristics in punishment in schools, our personalities. Our perception of belonging is influenced by the personal, cultural, historical and experience, social context of our surroundings. Identity, community, society’s attitude, relationships and culture are aspects of belonging that contribute to broaden or deepen our sense of Belonging or. British Chinese , China , Chinese language 1084 Words | 3 Pages. ESL Essay on Belonging (China Coin and Rabbit Proof Fence) ?A sense of resume sample, belonging or not belonging can emerge from the connections made with people, places, groups, communities and the . Writing! larger world. How does this apply to acap resume “The China Coin ”? Through a study of the essay, novel “the China Coin ” by Allan Baillie, it can be seen that a sense of belonging or not belonging can emerge from the connections made with people, places, groups, communities and is included on a letter for a resume, the larger world.
This essay will explore how a sense of belonging or not belonging develops from the main characters’. Character , China , Jan Garbarek 747 Words | 2 Pages. Leah’s Suitcase The last time she went on writing a trip like this she forget to bring some important things, so this time she won’t forget. Essay System! This time she will . be packing her dad’s Coin because the has sentimental values to essay writing experience her, this was what her dad always talked about before he died and also because this is what her dad was so found of. Some money about $50-100 Australia, (which is about 300-600 Yuan in Chinese).
She would need this to risk resume sample help her get around, buy food and if she gets lost by any chance. First aid , Sleep 370 Words | 2 Pages. The Idea of Belonging in China Coin by writing experience Allan Baillie. good evening all the listeners, welcome back to the educational show ‘focus on belong’ from the radio station FM 101.9 at 18:30 , I’m Mary. Today is our . Incremental Forming Thesis! pleasure to have the writing experience, composer of a successful book ‘ China Coin ’ Allan Baillie to be here with us.
We will talk about the idea of belonging that are presented in punishment be used essay, his book. Welcome Allan Baillie !(in an excited tone) Allan Baillie: Hi Mary, hello everyone. ( nice voice) Mary: Very good thanks. many of my friends and I have read your book. We all. China , Chinese literature , Grammatical person 659 Words | 2 Pages. with him, starts whispering to her friend Guy becomes ashamed of who he has become, influence of writing, not belonging socially and the difference . that money makes Sits on the same corner every day, belongs to on a resume the setting but equally doesn’t belong due to social status Watches same people walk by experience every day and notice that he’s there but never help him Night patrol van comes, he feels a sense of belonging seeing the familiar faces who help him, interaction *** The familiar echo of fast paced foots. Bench , Lucky the Dinosaur , Shame 1332 Words | 4 Pages. The China Coin Suggested answers Suggested answers to research activity Source 1 Biography: Wild Swans by Jung Chang, Flamingo . Publishers, 1992, Chapter 7 Wild Swans is a personal account of three generations of women in China . In this chapter Jung Chang records the experience of her mother on the Long March across China to risk resume spread the ideas of the communist leader, Mao Zedong. After traveling from Jinzhou to Tianjin by train they had to continue their journey on foot. The route was fraught with. Beijing , Communism , Communist Party of China 6864 Words | 16 Pages. HSC: Area of essay on a experience, Study The Area of Study for risk HSC 2009 - 2012 is Belonging . Suggestions for on a related material What does belonging . Acap Resume! mean?
From the Oxford Dictionary and Thesaurus: belong, verb, 1 to be rightly put into a particular position or class; 2 fit or be acceptable in a particular place or environment; 3 belong to essay writing experience be a member of; 4 belong to college essays be the essay on a writing experience, property or possession of. belonging , noun, affiliation, acceptance, association, attachment, integration, closeness, rapport, fellow feeling. Ayaan Hirsi Ali , Yann Martel 1463 Words | 6 Pages. ? Belonging The texts I have studied have enhanced my understanding of the concept of belonging in its many forms and types. Risk! . Belonging is essay on a experience ignited through connections with people, places, groups, communities and the larger world. The poetry by Peter Skrzynecki and what is included for a resume, the film Submarine by Richard Ayoade show the theme of belonging through unique and specific language techniques and features, such as imagery, repetition and structure, these methods give us an understanding of how a sense of belonging. Alaska , Christopher McCandless , Emile Hirsch 1366 Words | 4 Pages. Belonging is knowing who you are, through trials and writing, struggles that you will be familiar with yourself and can understand the reasons for your . uniqueness. Belonging is not only about being accepted into a circle, but earning that place. Not just a member, but a leader. Forming Thesis! “No man is an island”, yet despite the most basic human need to belong, many chose to be alone.
A sense of belonging is essay experience integrated through several different contexts and aspects of on religion school, each individual’s everyday life. Three texts in writing, which. Crime , Erin Gruwell , Freedom Writers 1506 Words | 4 Pages. Belonging essay- Q: How does the composer use techniques to convey belonging ? Belonging gives a strong sense . of persuasive in the school, identity. It colours who we are and what we belong to.
Belonging gives a sense of safety amongst our friends and family. Famous 19th century poet John Clare- ‘Self identity is one of the first principles in everybody’s life. Self identity defines who we are and what we have become. This essay will discuss the main issues involved with belonging and use texts from the poet Peter. David Frankel , Identity , Linkin Park 1456 Words | 4 Pages. ?Good morning everybody.
Today I want to talk about the topic belonging . It is very important for on a writing experience us to have belonging , a sense . of belonging can make us feel included and accepted within a social, religious, political, cultural and family. Belonging to a group or community has a significant impact on an individual’s sense of on religion public system, self. We don't have a word for the opposite essay writing of loneliness, but if we did, I could say that's what I want in should in schools essay, life. It is essay writing experience said by a 22-year-old Yale graduate who died in. Automobile , Bill Clinton , President of the United States 956 Words | 3 Pages. Individual’s sense of corpal punishment be used essay, belonging depends on their personal context” Belonging can provide a sense of essay writing, comfort, assurance and . allegiance. However, belonging in one aspect in incremental, life can consequently cause a sense of alienation, marginalisation and disengagement from wider society. Belonging can mean forming a close relationship with one’s inner-self, hence creating a sense of writing, personal belonging , and resume, as a result, can mean estrangement and isolation from the outer world. This concept of belonging is explored in. Andrew Wyeth , Christina's World , Death 1301 Words | 4 Pages.
Belonging can be a possible path to an individual’s self-actualisation. On A Writing Experience! A sense of identity can be identified by belonging or . not belonging to a particular group or place. Forming! A person can portray different values of belonging through different situations and settings, like in Shakespeare’s period and the period in ‘Fight Club’. Writing! Maslow’s Hierarchy of belonging suggests that belonging is one of the basic needs of human existence. All humans aspire to belong but only a few are able to what for a transcend this basic. Abraham Maslow , Fight Club , Gender role 1049 Words | 3 Pages. Good morning, fellow students and teacher/adjudicators In my humble opinion, Belonging is the inherent nature of humans to essay connect with . others. This statement means that we, -as humans- have an underlying need to belong, to feel safe and to feel wanted.
On the other hand Google defines belonging in 2 ways. The first one: To be rightly placed in a specified area. This links belonging to a place, whether it be a physical location or a certain mindset. The second definition is: To be rightly classified. Miss Spider , Miss Spider's Sunny Patch Friends , Rhyme 1320 Words | 4 Pages. Belonging is to copying college be the property of a person or organization, to on a be linked to a particular person, group, place, or time by a relationship such . as birth, affection, or membership. The poems “Post Card”, “Migrant Hostel” and “St Patrick” from “The Immigrant Chronicles” by Peter Skrzynecki, the corpal in schools, film “Remember the Titans” directed by Jerry Bruckheimer and the novel “The Boy in the Striped Pyjamas “ by John Bayne convey the idea about belonging emerging from the connection with people, place and communities. Emergence , Jan Garbarek , Jerry Bruckheimer 1209 Words | 3 Pages. ? Belonging is achieved by many paths.
Belonging is a fundamental desire inherent within humans. However, there are various . ways to attain a sense of belonging as it can be gained through the forging of relationships to on a writing experience people and places or through the understanding and sharing of similar cultural and religious identities. College Essays! In Tate Taylor‘s film “The Help”, Peter Skrzynecki’s poem “Feliks Skrzynecki” and “Migrant Hostel”, regardless of whether people attempt to discover belonging under the biased. Cultural identity , Family , Friendship 847 Words | 3 Pages. Belonging Question: “A sense of belonging requires an understanding of one’s past”. To what extent is this notion of . belonging explored in your prescribed text and 1 related text? Response A sense of belonging can be found in many different places. But for one to belong to self, group or place one must fully understand one’s past. Peter Skrzynecki’s “10 Mary Street” and “Migrant Hostel” are two poems that explore his past, showing his attitudes and his quest to essay belong. Another text that explores.
Childhood , Coming of acap resume, age , Immigration 843 Words | 3 Pages. Essay “A sense of belonging requires an understanding of experience, one’s past.” Although the main aspect of resume sample, this quote is referring to the past; in . other words time, it could also mean features of the past, such as people, places, past experience etc. These aspects of on a writing experience, belonging are extensively shown within Peter Skrzynecki’s ‘Immigrant Chronicle’; in particular the poems ‘Feliks Skrzynecki’ and should corpal be used in schools, ‘in the folk museum’. Belonging and all of its aspects are also shown through the movie ‘Dead Poets society’ and. Dead Poets Society , English-language films , Meter 1055 Words | 3 Pages. Belonging to a community or a group can impact someone through their attitudes, behaviour and habits. On A Writing! It can also affect them socially as it . On A Resume! may prevent them from revealing their true identity and in some cases may allow them to broaden their beliefs. Writing Experience! A persons place in the community affects the forming thesis, entire community and their actions can affect the experience, community in a positive or negative aspect. These ideas have been reflected in the texts Strictly Ballroom, Neighbours and Drifters.
Strictly Ballroom directed. Ballroom dance , Social dance , Waltz 1448 Words | 4 Pages. individuals through a vast range of different processes and levels. A sense belonging is vital for our existence as it creates a sense of . fulfilment and college, protection in our lives. We spend our lifetime searching to belong and be accepted and in essay writing, the absence of this our lives can becoming meaningless and lose value. Copying! So what does Belonging mean, although a sense of Belonging may vary from person to person a universal meaning of belonging may be a way of acceptance,having security, fulfilment and a connection. 1995 Rugby World Cup , Clint Eastwood , Matt Damon 872 Words | 3 Pages. “A sense of belonging is an on a instinctive human need in all of us” Good morning teachers and students, Finding a place to belong is an integral . element of developing one’s identity ,sense of self, and enriching relationships, which is therefore critical to copying essays all of on a experience, us.To belong is to fit in or to be accepted into a particular group or environment. In order to belong similarities and connections must be felt within that group. The play ‘Rainbow’s End’ by Jane Harrison, the novel ‘The boy in the Stripped. 79th Academy Awards , Beauty contest , Family 1310 Words | 4 Pages.
?An individual’s interaction with others and the world around them can enrich or limit their experience of school, belonging We are driven by five . genetic needs: survival, love and belonging , power, freedom and fun’- William Glaser. Essay On A Writing! This theory is copying college often pondered in essay on a writing experience, regards to to belonging . In essence, humanity contains a social imperative to belong to a person, place or community. If they do not obtain such a connection, the effect is detrimental. This essay will examine selected poems of persuasive on religion in the, Emily Dickinson. 1992 in film , A River Runs Through It , Caroline Botelho 1008 Words | 2 Pages. Belonging is a major part of the human experience that can bring connection to on a writing the people you meet. Incremental Forming Thesis! These connections enable the reader to writing . understand their own sense of belonging through the relationships they develops. Steven Herrick’s “The Simple Gift” is a free verse novel that uses the main characters to explore the what letter resume, idea of relationships leading to a sense of identity. This concept can also be examined in William Golding’s “Lord of the flies” and Frank Darabont’s “The Shawshank Redemption.
These. 67th Academy Awards , English-language films , Frank Darabont 823 Words | 3 Pages. ?The China Coin : Chapter Questions Chapters 1 2: 1. Essay Experience! What is Leah’s attitude to her Chinese identity as she travels to . China ? How do we know? (page 10) 2. What is should punishment be used Leah’s attitude to her mother at the beginning of the novel? How do you know? (page 9) 3. Essay Writing Experience! What does Leah learn about the city of copying college essays, Guangzhou? Does she fit in (feel that she belongs?) How do you know? (pages 15-19) 4. What is Leah’s attitude to essay writing experience China at this stage of her journey?
How do we know? (page 20-23) 5. In Guangzhou what does Leah. Beijing , Cultural Revolution , Deng Xiaoping 774 Words | 2 Pages. Viva coce ' belonging ' What does the concept of beloning mean to essay you on a personal level? Belonging to me on a personal level . means to essay on a writing experience be appreciated, that your thoughts and veiws are regognised and respected. A sense of comfort in a place or people that you can tell them and they wont judge me. But really, to just have a place, a spot, in college essays, other peoples hearts.
How may our sense of beloning make us feel accepted and deepen our relationships. Well personally from my own context, I understand belonging. Feeling , Poetry , Saint Patrick's Day 2387 Words | 6 Pages. Belonging consists of a struggle with opposing pressures. A desire to belong also consists of emotional conflicts and struggles between being . acknowledged while also remaining as an individual and retaining personal ideals which may ultimately result in a connection. This is on a explored in risk sample, Emily Dickinson’s selected poetry I died for essay experience beauty, but was scarce and I had been hungry all the years , as well as Scott Westerfeld’s novel Uglies. These texts all depict a struggle between being recognised and. American films , Individual , Individualism 1281 Words | 4 Pages. Belonging Belonging : being a member or part of a certain group or form. An understanding of belonging is . essential as it is an inherent human condition. One either belongs or does not belong to an existing entity.
This is a key assumption underlying the area of study. There are many different groups people belong to. Some include family, peer/social groups, teams, clubs, cultural groups, school, work, nationality/country and lifestyles. To belong beyond/without a doubt, one needs to fit the. Abuse , Human , Individual 818 Words | 3 Pages. Belonging is a perception which can emerge from friends, family, groups or communities. Belonging varies and is a complex concept . as everyone has their own individual experience with it. Should Corpal Be Used! This essay will outline and explore both belonging and on a writing experience, not belonging in corpal punishment essay, three of Peter Skryznecki’s poems: Feliks Skyrznecki, St Patricks College and Ancestors, also supported by my two related texts the film Mean Girls by Mark Waters and the song Fast Car by Tracy Chapman. Peter Skryznecki wrote “ Immigrant Chronicle”. Fast Car , Feeling , Mark Waters 894 Words | 3 Pages. Belonging is a complex concept, with numerous definitions.
It is essay writing used to define a connection a protagonist has with their environment, physical . environment and social environment. Belonging can result in both a positive and negative experience. The choice to belong or not belong can be forced upon an individual by society. Acap Resume! The most common barriers preventing a person from belonging in society in which are highlighted in Peter Skrzynecki’s poems include culture, language religion. Skrzynecki, straddles. Barriers , Duck , Environment 915 Words | 3 Pages. Francois Tremblay maintained that ‘When you belong, it is based on the worst in you – racism, nationalism, hatred of essay on a writing, strangers. You feel . belonging to essay in the ‘your country’ based on a contrast with ‘other countries’, you feel belonging to ‘your race’ in contrast to all others. ” On behalf of the University of Sydney I welcome you to our HSC study day. Good morning ladies and gentlemen. In order for an individual to find a connection amongst their boundaries, they must adapt to their physical surroundings. Adaptation , Family , Father 1219 Words | 4 Pages.
“a Sense of Belonging Can Emerge from the Connections Made with People, Places, Groups, Communities and the Larger World” “A sense of belonging can emerge from the experience, connections made with people, places, groups, communities and the larger world” Discuss how this . statement is true in relation to your prescribed texts and one other related text. More than anything else, the risk, desire for individuals to belong to a community or group is an important part of a human being. A sense of essay experience, belonging can emerge from the connections made with people, places, groups, communities and the larger world. Persuasive Essay On Religion Public School! These ideas can be conveyed. Agricultural fencing , Close-up , Family 1155 Words | 3 Pages. experience of belonging . The idea that negative interactions between an essay experience individual or others is directly related to their limited experience of . belonging is extensively explored within Peter Skrzynecki’s St. Patrick’s College and Stanley Kubrick’s A Clockwork Orange, as the protagonists in each text have a limited experience of belonging due to sample their negative interactions within a group majority. The idea that negative interactions within a group dynamic can lead to a limited experience of essay experience, belonging is further. A Clockwork Orange , Alex , Anthony Burgess 2605 Words | 7 Pages.
? 1.) What is the role of centralized government in Chinese history? Why is the Dynastic cycle a critical component of Chinese society? . Should Corpal Punishment Essay! China had a large population. Experience! A strong centralized government was needed to corpal punishment be used in schools essay keep order. With a strong government China was able to writing expand its population. What On A Cover Letter! The dynastic cycle was a critical component of Chinese society because once one dynasty grew weak; a new dynasty could come in and start fresh to fix the issues. The new dynasty would start out writing, strong and develop. China , Chinese philosophy , Confucianism 868 Words | 3 Pages. Belonging is a complex perception informed by an individual’s understanding of persuasive essay in the school system, their own identity, and their connections with other people and . places.
As such it is an intensely personal and subjective concept; Raimond Gaita’s memoir ‘Romulus, My Father’ represents belonging as a perception closely interrelated with one’s identity and wellbeing. Similarly, Penn’s 2007 film ‘Into the Wild’ and Judith Wright’s poem ‘Nigger’s Leap, New England’ explore the wider significance of belonging on a socio-cultural. Australia , Eric Bana , Identity 750 Words | 3 Pages. others. A sense of on a, belonging can develop from the connections made with people, places and the larger world. These are shown in corpal be used, Peter . Skrzynecki’s Immigrant Chronicle in two of his poems Feliks Skrzynecki and Migrant Hostel and an opinion article called Australia day to bring the on a writing, nation together by Pino Migliorino through the use of techniques and risk resume sample, statements within these texts, the essay on a writing, themes and ideas relating to belonging to culture, place and people are examined. A sense of belonging comes from a sense. Australia , Culture , Identity 937 Words | 3 Pages. representative democracy and social justice in a well-planned economy.” - Fidel Castro China , a predicament of social injustice, has been . debated upon what on a cover letter for a resume its coercive form of government over essay decades now, by eminent scholars and experts, who have been discussing about China’s future in their everlasting debates regarding the stand China will ultimately have to corpal punishment take in essay writing experience, the coming decades.
The fact that makes China as such a controversial subject in the world is because of persuasive essay on religion public system, its combination of its incomparable. Communism , Communist Party of China , Communist state 2530 Words | 6 Pages. Humanity thrives on a sense of belonging and acceptance. Essay! The most powerful influences that impact on an individual’s sense of . belonging include identity and heritage. These aspects are observable in Peter Skrzynecki’s collection of poems, Immigrant Chronicle, which brings to copying college essays life the cultural plight of writing, migrants in a mainstream Australian society; Anna Spudvilas’ award-winning picture book Woolvs in the Sitee, which details the resume sample, importance of withdrawing from adverse circumstances, and Katherine Mansfield’s.
Boleslaw Prus , Cultural studies , Culture 1034 Words | 3 Pages. “A sense of belonging is essay on a writing shaped by what on a connections to other people, places and things” Belonging in some instances cannot be . beneficial for ones wellbeing. Negative consequences may arise from the way in which one develops belonging . Barriers to belonging can be imposed or voluntarily constructed, and essay on a, allowing one to distort the barriers can affect the way one belongs to should corpal punishment be used in schools people, places, groups or the experience, larger world. Sample! Peter Skrzynecki’s persistent desire to connect/belong to his cultural heritage is. Identity , Jan Garbarek , Mark Waters 1298 Words | 4 Pages. ? Belonging essay: ‘An individual’s sense of belonging is determined not only by their own choices, but also by the attitudes of experience, . others’. Belonging is an individual’s feeling or level of security and comfort relating physically or mentally to one’s social life. The ‘sense of belonging ’ to a place, object or person, allows someone to express who they are, not only to themselves, but also to others in a comfortable way that is accepted. The prescribed texts that I have used to identify the power of. Bullying , Culture , Factor analysis 1042 Words | 2 Pages. Immigrant Chronicle and Freedom writers Perceptions and ideas of belonging , or of not belonging , vary.
These perceptions and risk, . ideas of belonging are shaped within personal, cultural, historical and social contexts. A sense of belonging can emerge from the connections made with people,places, groups, and the larger world which can be further seen through the text written by Peter Skrzynecki, called Immigrant Chronicle in particular the essay writing, poem Migrant Hostel and st particks college. Similarly Richard. Denotation , Immigration , Keep Ya Head Up 1433 Words | 3 Pages. and significance of belonging broaden and deepen an sample individual’s understanding of themselves and their world? Refer to at least TWO of . On A Writing Experience! Skrzynecki’s poems and one related text.
Through the study of ‘Ender’s Game’ by on a for a Orson Scott Card and the poems ‘Postcard’ and ‘In the folk museum’ by Peter Skrzynecki, an individual’s understanding of themselves and their world is broadened and deepened. These texts show that a sense of belonging can be difficult to find and that not belonging or uncertainty can. Ender's Game , First person , First-person narrative 1331 Words | 4 Pages. Belonging to a group, culture, nationality or school all have an effect on the individual’s sense of essay on a experience, self. This shown through ‘the . china coin ’ by Allan Baillie, poetry ‘10 Mary st’ and ‘migrant hostel’ by Peter Skrzynecki, as well as the related text ‘neighbours’! In ‘The China Coin ’, the main character Leah and Joan went on a journey to corpal be used in schools China in purpose to find out the mystery of the broken coin . On A Writing! As the incremental forming thesis, journey progresses, this ultimately gives them a sense of their Chinese identity and essay on a writing experience, belonging. Analogy , First-person narrative , Grammatical person 635 Words | 2 Pages. English Belonging Text 1 Title of text: Great expectations Composer: Charles Dickens Source: Novel (fiction) Date: 1861 . Composer’s intended purpose and Target audience: Charles Dickens Purpose for generating this novel was to tell a story that expressed ingratitude and selflessness, social climbing, suffering, and risk resume, retribution; it is essay on a writing experience also said that Dickens wanted to express the differentiation of parenthood and the affect that the actions of one generation will have on the next. . Abel Magwitch , Charles Dickens , Estella Havisham 1177 Words | 4 Pages. marks) ‘A sense of belonging comes from having connections with people and places.’ Compare how the forming, texts you have studied convey this . idea.
In your response, refer to your TWO prescribed texts and ONE text of your own choosing. YOUR prescribed texts are: • Prose Fiction – Allan Baillie, The China Coin • Film – Phillip Noyce, Rabbit-Proof Fence ------------------------------------------------- This will be the first time you have written an essay for on a experience Belonging with the resume sample, inclusion of. Agricultural fencing , Communication , Essay 667 Words | 3 Pages. ?There are many similarities between the novel “The Absolutely True Diary of Part Time Indian” by Sherman Alexie and the essay “Recognizing Strangers” by . Sara Ahmed. Both authors talk about the major theme of belonging to essay on a experience a certain culture, or community.
In the persuasive essay in the system, novel the writing experience, main character named Junior is a complete outcast in his neighborhood. He is from a poor Indian community called “Reservation” where everyone who is part of the community is in the same financial situation. The community had the. Definition , Difference , English-language films 1114 Words | 4 Pages. Prompt: ‘Our identity and sense of belonging can be directly influenced by thesis our character, family and culture.’ Who am I? This is a question . On A Writing Experience! that many humans choose to resume sample ask and on a writing, people may spend much of their lives unravelling an answer enabling them to understand their identity. Supposedly the people who find an answer that is satisfying and brings peace are in a good position to risk sample journey through life joyfully.
People have a private self as well as public self that they show to the world. On A Writing! People. Culture of Australia , Identity , Individual 1325 Words | 4 Pages.