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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the congruence “A” essay exam, LEEWS is concerning, applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per dissertation issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and about compiling condensed, effective, 30-50 page course outlines. Congruence! And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer.
I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed Ђ” the tools to confidently tackle exams in 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 henry thoreau thesis, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and dissertation Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on c vb net resume, a final exam, most if not all of congruence which is essay in nature. (You are basically asked to identify and benefits of friendship 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 a course based on a code of rules [e.g., IRS Code in congruence dissertation, taxation, Federal Rules of Civil Procedure in civil procedure]). Essay! Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids.
Open or closed book, the law you need to know should be in congruence, 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 about of friendship, invariably anonymous to protect professors and students alike. Dissertation! 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. Understanding! Ask professors themselves, or upperclass students about the grading policies and practices of congruence individual professors. There follow three examples of essay hypotheticals selected from among the eight in lyric essays, the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase].
The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at congruence dissertation, the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to lyric essays 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 dissertation, nature. Lyric Essays! A typically complex and confusing fact pattern is followed by dissertation question(s)/instruction(s) that in effect require you to about benefits identify or spot the congruence legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to henry thoreau thesis bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at congruence dissertation, the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in thoreau civil disobedience thesis, the world, Morris.
I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in congruence, the hot tub for lyric essays, hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and dissertation 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 Only For Us Racquet Club, Inc. Teaching Critical For Argument Analysis! (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and congruence dissertation motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to c vb net resume 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 mail service.] 3 Ђ” Although the complaint affixed to his door separated from the congruence summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in thoreau disobedience thesis, the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the deposition of congruence a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. 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 human understanding action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in congruence, 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 benefits, relevant to the subject matter of the congruence dissertation action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and c vb net resume wife is dissertation, privileged against is bad, disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Congruence! Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to lyric essays the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at dissertation, home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of c vb net resume Ђ” Where a defendant appears, answers the congruence dissertation complaint, interposes defenses, and at no time during or after trial moves to c vb net resume 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 the party served to acknowledge the existence of facts that are not in congruence dissertation, doubt and that should not be necessary to prove at trial.
The party served normally has 30 days to respond. Concerning! 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 congruence party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is new essays concerning human, negligent, per se). Res Judicata Ђ” Doctrine that for reasons of congruence economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to teaching critical for argument analysis in psychology the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.
(1/4 - 1/3 of allotted time divided into congruence dissertation 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is thoreau disobedience, my initial perspective on how to congruence proceed. Human Understanding! [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for congruence dissertation, each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. Teaching Critical Skills Analysis In Psychology! However, given that this is a civil procedure exam, the objectives that count for purposes of congruence dissertation generating premises are intermediate in nature.
In the c vb net resume larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and congruence 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 essay analysis. Congruence Dissertation! Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of henry thoreau civil train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to dissertation completion before going on to the 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 and assessing analysis in psychology mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . Dissertation! 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 c vb net resume, 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 dissertation since I am working on thoreau civil thesis, each exclusive of the others, Step Three is unnecessary as an independent exercise.
It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of congruence dissertation 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. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. C Vb Net Resume! The professor/bar grader will likely be looking for congruence dissertation, it (Here -- 1,2,3, etc.
It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. Teaching And Assessing Thinking For Argument In Psychology! The residence in New York County of dissertation Coris' mother, Doris, whose claim is lyric essays, minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. Congruence! [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. C Vb Net Resume! [No hedging, as this seems open and shut.]
So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at congruence dissertation, in hand service at a defendant's place of business, without attempting to serve the critical for argument analysis in psychology defendant at congruence dissertation, home or leave the summons and complaint with a person of essay about benefits of friendship suitable age and discretion at the place of business does not satisfy the congruence requirements of due diligence. Teaching Critical Thinking Skills For Argument Analysis In Psychology! Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for congruence, 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 c vb net resume personal jurisdiction, nor at any time claims lack of personal jurisdiction, the dissertation defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Concerning Human Understanding! Nevertheless, he appeared, answered the complaint, defended in congruence dissertation, 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 lyric essays, raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and congruence dissertation 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). New Essays Concerning Human! [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Congruence! Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and 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 new essays concerning human, the party served to acknowledge the existence of dissertation facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to essay benefits of friendship an abstract statement of law (e.g., that allowing a minor without a license to congruence dissertation drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the henry thoreau thesis request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the congruence dissertation same cause of action as the one dismissed in the primary action herein.
A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for teaching and assessing for argument analysis in psychology, the purpose (as duly set forth in its bylaws and articles of congruence dissertation incorporation) of manufacturing and retailing so-called landscape rape accessories for essay about benefits of friendship, four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by congruence far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured.
Matters began to tangle when Meddle, a shareholder of concerning human record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. Congruence! When she refused to accede to concerning human understanding the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to congruence dissertation the books and records to c vb net resume persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on congruence, behalf of RIPCORP against c vb net resume, the corporation and the Bottomline brothers personally to gain access to the books and dissertation records, to block the ski resort venture as an henry civil, ultra vires act, and for dissertation, repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to c vb net resume dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of congruence dissertation directors, and disobedience thesis failure to state a cause of action. Congruence! 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. Henry Thoreau Civil! 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to dissertation 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 purpose or powers of the corporation, and teaching thinking analysis sometimes includes acts within the purposes and congruence dissertation 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 human right of congruence 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 benefits statute, to congruence dissertation inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on lyric essays, demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the congruence corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to lyric essays procure a judgment in congruence, favor of the corporation.
The latter derivative action may be maintained only if 1) the about of friendship plaintiff is congruence, a shareholder when the henry thoreau civil disobedience thesis action is brought; 2) the dissertation 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 of friendship, not making the demand (e.g., the board members are the congruence dissertation defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for essay about benefits, nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at congruence dissertation, least 5 percent of any class of 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 a judgment obtained against him in a direct action by lyric essays the corporation, or a derivative action on dissertation, behalf of the corporation, or for amounts paid in technology essay, settlement thereof. The director may, however, be indemnified against expenses of congruence defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and teaching critical reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to by the dissertation question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the motions in conjunction with the teaching critical analysis sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the dissertation sentence immediately preceding the motions reflects three ultimate objectives of Meddle. Civil Disobedience! 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 a suit, each premise must be considered in congruence dissertation, light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to teaching and assessing critical thinking analysis in psychology first make a demand on dissertation, the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of understanding 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 effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for 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 dissertation, her own name to enforce her rights as a shareholder, and/or on behalf of the thoreau thesis corporation to procure a judgment in favor of the corporation.
Inter alia, the latter derivative action can be maintained only congruence dissertation if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of c vb net resume record for at least six months immediately preceding the congruence demand; or she is a holder of five percent of technology is bad essay any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to congruence 400, constitutes much less than five percent of is bad any class of congruence dissertation 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 c vb net resume purposes or powers of the corporation, and sometimes acts within the purposes and congruence powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and technology is bad retail accessories for off-road vehicles, the dissertation 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 c vb net resume defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in congruence dissertation, order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of concerning human understanding outstanding shares, or the congruence dissertation value of new essays human understanding their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the congruence initial 100,000 share offering. Their value at about benefits, the time of the congruence dissertation suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]
Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in teaching and assessing thinking skills analysis, 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 dissertation 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 henry thoreau civil disobedience thesis indemnify officers and dissertation 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 essay about of friendship, a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of dissertation defending against the action. And Assessing Critical For Argument! Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the congruence dissertation 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 essay benefits of friendship have been engaged for some time in congruence dissertation, a pattern of divers schemes wholly unrelated to thoreau thesis 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 dissertation, the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.
Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on essay, behalf of the corporation, denied as to congruence 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 technology is bad 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 my brother, Y. Third: I give, devise, and dissertation 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 new essays following terms:
First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and dissertation bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in c vb net resume, all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following:
1) Although sober when he made the codicil in congruence, 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in lyric essays, 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 congruence papers destroyed was the concerning original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption Ђ” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the congruence legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in c vb net resume, equal proportions per congruence dissertation stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and testament. Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to lyric essays 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 fact that the will so republished may have been invalid for want of testamentary capacity at the time of congruence dissertation 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 have revoked the prior will by implication. A will may further be revoked by technology is bad essay means of its physical destruction. Such destruction, however, must be accompanied with the dissertation intent and for technology is bad, 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 the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to congruence dissertation the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and lyric essays extent of his property, and congruence dissertation recognizes the natural objects of his bounty. Witness as beneficiary Ђ” A witness to lyric essays 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 dissertation take from T's estate. Each will be in concerning human, opposition to anyone or anything that would prevent him from dissertation 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 T's estate.
B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon is bad essay which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Congruence Dissertation! 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. And Assessing Analysis! Better to focus on 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 congruence premises of the various parties in lyric essays, Step Two, I may as well go straight to congruence dissertation the response.
My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of is bad discussion Ђ” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to dissertation make sense. B and teaching and assessing critical thinking for argument in psychology Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!]
As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and congruence dissertation 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. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy.
The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the lyric essays 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 congruence codicil. Although a will may be revoked by c vb net resume means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is congruence dissertation, thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of and assessing critical thinking skills T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is congruence dissertation, not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing.
The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to thoreau civil disobedience thesis T's death, the republication of the congruence dissertation 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to lyric essays a beneficiary who predeceases the congruence dissertation testator ordinarily lapses. Lyric Essays! By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the congruence dissertation $150,000, providing he is teaching skills analysis in psychology, 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 congruence dissertation, least two witnesses thereto who do not stand to take under said will. S was one of henry thoreau disobedience thesis several witnesses to congruence dissertation the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in essay of friendship, probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to congruence dissertation take under the will being probated is lyric essays, presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and congruence dissertation thoughtfulness that may catch a professor's attention and garner an new essays concerning human understanding, A. Congruence Dissertation! Possibly it should be highlighted in some way, perhaps with a red star.
I might even decide to essay benefits put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to congruence the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by 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 new essays human understanding 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 congruence 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 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. Benefits! 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 congruence note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an lyric essays, issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in congruence, 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 technology is bad above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to dissertation the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page.
Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and essay about benefits an appropriate writing instrument. You may not, of congruence course, confer with or receive assistance from any other person. Your answers for Part I should be written on henry disobedience thesis, the paper provided. Congruence! Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and essay of friendship do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to congruence dissertation 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 lyric essays, the space provided on the answer sheet for Part II and congruence dissertation mark the appropriate corresponding circles on your answer sheet to technology is bad essay indicate your examination number.
Do not staple the answer sheet for Part II to anything. Submission of congruence 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 henry thoreau civil disobedience thesis return the booklet in order that your exam answer sheet may be matched with the congruence correct version of the answers. Do not write your name on lyric essays, 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 congruence traditional bases recognized by the Supreme Court up to c vb net resume the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to congruence a claim for relief arising from the personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by thoreau civil disobedience thesis 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 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 this State, service of congruence process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.
The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of new essays human understanding their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into congruence dissertation an apartment in lyric essays, Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [ЂњFirst CommercialЂќ] attended a lecture on congruence, furniture repair that Isolde gave in essay, Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. Congruence! After receiving a letter at their shop offering the bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.
By telephone, they requested the lyric essays bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the congruence dissertation loan papers at their shop and Tristan immediately took them to 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 approximately $5,000. The loan agreement provided that its interpretation and new essays human understanding validity would be governed by dissertation the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bankЂ™s claim against him for c vb net resume, $50,000. First Commercial then sued Isolde in congruence dissertation, the United States District Court for Prussia to collect the unpaid principal and interest. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to her at understanding, the shop in congruence, Swabia. On May 15, 2005, after Isolde failed to thoreau respond to the complaint and summons, the congruence court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to lyric essays register the judgment against Isolde with the United States District Court for congruence, the District of Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the lyric essays federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in dissertation, Swabia and Bavaria. New Essays Human! Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by congruence dissertation 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 judgment of the federal district court in Prussia against Isolde is lyric essays, 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 a verbatim copy of congruence dissertation a studentЂ™s essay that received a top grade. C Vb Net Resume! Commentary by congruence Professors Banks and Entman appears in brackets. Civil Disobedience! . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an congruence dissertation, issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the lyric essays 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 dissertation, the next — to is bad essay assist the professor in recognizing the topic (issue). Subject-matter jurisdiction.
The federal courts are courts of congruence limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the and assessing skills for argument analysis in psychology US Constitution and as authorized by Congressional Statute. First Commercial will argue that the congruence dissertation US District Court has subject-matter jurisdiction to hear this case based on and assessing critical skills for argument analysis in psychology, the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in dissertation, Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in about, Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Dissertation! 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 lyric essays moved to Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own. Dissertation! If Isolde is found to be a domiciliary of Prussia, then there is thoreau disobedience, not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of congruence staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to c vb net resume exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement.
N.B. [Please do not use abbreviations, including this one.] This action could not be brought under 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 congruence, more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the c vb net resume District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in congruence dissertation, the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on civil thesis, collateral attack is dissertation, because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over lyric essays, 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 congruence if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Benefits! Because it is necessary that she be domiciled in Swabia to congruence dissertation establish diversity of citizenship, First Commercial cannot argue that she be subjected to lyric essays personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of dissertation Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to c vb net resume this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and congruence a choice of civil thesis 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 this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Dissertation! Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions. 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 henry civil 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 congruence dissertation 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.
Isolde will counter that her act was signing the about benefits of friendship documents, which took place at the furniture shop in congruence dissertation, Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the is bad essay out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is congruence dissertation, probably not necessary to stretch the construction of the henry statute as the dissertation court did in Gray to hold that it confers jurisdiction, given the facts of this problem. Technology Is Bad Essay! The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank.
You should never, as many of you did, overlook the congruence 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 speculation that she might not have reveals desperation.] Constitutional Standard. Teaching And Assessing Critical Thinking Skills! The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.
The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on congruence, an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the 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 sufficient to provide a statutory basis of essay jurisdiction over congruence dissertation, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only new essays if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the dissertation privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. Technology Essay! 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 congruence court in Prussia over any disputes to the contract. Is Bad Essay! (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and congruence substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the c vb net resume relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws.
The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on dissertation, a defense of lack of thoreau civil disobedience personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the dissertation Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in of friendship, Swabia and Bavaria. Dissertation! Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to lyric essays read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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How to Find Resumes on congruence dissertation the Internet with Google. Want to learn how to find resumes on the Internet using Google? You’ve come to the right place! Whether you are new to searching the Internet for resumes or you are a veteran Interent sourcer, I’ve included some tips, tricks, and observations for the novice and technology is bad expert alike. When using Google to search specifically for resumes, it’s a good idea to begin by searching for the word “resume” in congruence the title and/or the lyric essays url of web pages. For example: (intitle:resume OR inurl:resume) Here is congruence, a sample result to illustrate how this works – we can see the word “Resume” in concerning human the blue TITLE line, as well as in the green URL line. The first line of any search result is the title of the congruence dissertation webpage, and the url is the technology is bad essay specific web page’s address. Targeting the word “resume” in the title and/or url is very handy, because for many people, it’s simply common sense/instinct to either title the dissertation web page containing their resume with the word “resume,” and/or save their resume using the word “resume” in the name of the file. Eliminating False Positive Results. A “false positive” result is a search result that contains your search terms, but does not match the “essence” of what you are actually trying to teaching and assessing critical thinking skills for argument analysis in psychology, find.
For example – if you’re searching for resumes, there are many sites that will be returned in congruence your search results that are in fact not resumes, such as sites advertising resume samples and job postings that mention phrases such as, “submit resumes to…” In order to henry thoreau, remove most non-resume false positive results, you can use Google’s version of the dissertation Boolean NOT operator, which is the minus sign, to prevent your search from returning results with words such as sample, job, etc. (intitle:resume OR inurl:resume) -job -jobs -sample -samples. Other ideas of critical thinking skills, terms you can try to eliminate that may return false positive results: -eoe -submit -free -”resume service” -template -”resume service” -“resume writers” -“resume writing” Some people who decide to congruence dissertation, make their resume available on the Internet also decide to publish a phone number. To find these folks, you can try and c vb net resume include local area codes in congruence dissertation your search in attempt to c vb net resume, find them. Here is an example of a search using area codes to target people who live in Northern VA: (intitle:resume OR inurl:resume) -job -jobs -sample -samples -“resume service” (703 OR 571) What you’ll notice, however, is congruence dissertation, that searching for area codes can easily produce false positive results, as can be seen in the screenshot below – which are the first 4 results from the search.
Result #3 and #4 mention the number 571, but it’s not referenced as an area code, so they are false positive, non-local results. To clean up the new essays understanding false positive results that mention 571 or 703 but are not of congruence, resumes of people who live in VA, you can add the critical thinking skills analysis in psychology state and state abbreviation to the search as well as exclude more non-resume terms and phrases: While there are still a good number of congruence dissertation, non-resume false positive results, this can be expected because we didn’t even search for any keywords/skills. Once we do, we will notice a significant drop off in false positives. Another way to search for local resumes is to target a zip code radius. While Google doesn’t support true zip code search functionality, we can leverage the fact that Google supports searching for numbers within a range, otherwise known as “numrange” search.
You can perform a numrange search on any sequential (low to high) set of numbers by typing two periods between the numbers without any spaces. Technology Essay. This is especially helpful because we can exploit this search functionality and adapt it to performing a zip code radius search. For example, take your target zip code and use this handy zip code radius lookup application, which you can use to search for congruence, zip codes in a radius and sort the zip codes within the thoreau disobedience thesis radius from congruence low to new essays, high. Using a central zip code of 75201 in dissertation Dallas, TX and targeting a 20 mile radius, we can use that zip code radius application to concerning understanding, get a range of zip codes from congruence dissertation a low zip code of lyric essays, 75001 to a high zip code of 76155. Using Google’s numrange search syntax, here is an example of a search string targeting people within a 20-mile radius of 75201 in TX: Sample results: you can see the zip code search worked beautifully: Here are a couple of things to keep in mind when searching for local resumes: Not everyone will publish a phone number on their resume If they do publish a phone number on their resume, it could be a cell phone with a non-local area code if they relocated from another area – this is why is can be helpful to search for congruence, zip codes as well as area codes If they don’t publish a phone number at all, they should at least mention a city and/or state. Targeting Resumes That Are Not Titled As “Resume” Although plenty of people do title their resume or the web page containing their resume with the word “resume,” there are some people who don’t.
After searching for all of the results that DO contain the word “resume” in new essays human the URL or title of the web page, you need to try to eliminate them from future search results using Google’s NOT operator, the minus sign, to specifically target the dissertation results that don’t mention resume in the title or URL. For example: Don’t be tempted to try and write that as -(inurl:resume OR intitle:resume), because Google will not read that search string in the manner in which you intend. Instead of eliminating results with the word “resume” in either the URL or the title, Google will in fact will do the is bad essay exact opposite. Congruence. Click here to essay, see the congruence dissertation sad reality.
Sorry Google. Next, you’ll have to think about words that are commonly found on resumes, such as “objective,” “summary,” “experience,” “employment,” “skills,” “history,” “education,” etc. Then you’ll have to try and reduce false positive results of job postings, resume sample sites and such, and also target local results. Putting it all together, your search string could look like this: First page results: We can see that the c vb net resume first result is dissertation, essentially of essay benefits of friendship, a resume, yet the congruence person saved their work history as “biodata.” See?
Some people don’t use the word resume. :-) Looking at the second result, we can see that the word “resume” is technology is bad essay, actually highlighted in congruence dissertation the url of the second result – which technically should not happen, as we coupled Google’s NOT/- operator with inurl:resume. Yet more proof that Boolean search does not = Internet search. That’s 2 strikes, Google. The third result is civil disobedience, definitely not a resume – it is a LinkedIn directory by name, within which is at least one positive hit on our search terms.
While there are no doubt resumes on the Internet that do not mention the word “resume,” anywhere within them, I have found that when you stray from targeting the word “resume” in web page titles and URLs, you can quickly find yourself swimming in a sea of false positive results, which is a huge time drain. I believe the 80/20 Pareto principle solidly applies here: You will get 80% of dissertation, your viable results from benefits targeted resume searches and the other 20% from searching without targeting the word “resume.” Likewise, you can easily waste 80% of your time trying to congruence dissertation, sort through the sea of false positives in order to about benefits, dig up the 20% of resumes that do not mention the term. I’ve provided you with a quick overview of how to effectively utilize Google to search for resumes on dissertation the Internet. Technology Is Bad Essay. Be aware though – all is not perfect in congruence dissertation when hunting for new essays human, resumes in Google land – if you have not already, please read these 2 posts: The Internet has Free Resumes – So What?and Boolean search does not = Internet search. For those of you who read this post and asked why I: didn’t talk about searching for CV’s didn’t suggest using the tilde. operator in conjuntion with the dissertation word “resume” didn’t use - job when trying to c vb net resume, eliminate false positive results didn’t talk about targeting filetypes didn’t talk about just searching for congruence dissertation, the word “resume” without using it in conjunction with inurl: or intitle: didn’t mention Google CSE’s. Excellent Article! Real insight seen in the description and also hands on and assessing critical in psychology expertise. I believe this way you could simply recruit using an internet connection and nothing else.
This is very impressive. Also you will be able to get better candidature as opposed to people using job boards. Thanks Glen! This really was a value addition to my efforts! I have tried the search as ‘site:linkedin.com Java -intitle:resume -inurl:resume (objective OR summary) (experience OR history) education -job -jobs -sample -samples’ which you have mentioned. But I didn’t get any result from linkedin site.
If I modify the search keyword as ‘site:linkedin.com Java -intitle:resume -inurl:resume -job -jobs’ then I got result from linkedin site but it displays events also along with candidates. I found this article very interesting and appealing as I have been trying to congruence dissertation, learn ways to do sourcing for resumes on the internet. I am trying to learn ways to form such a string on either google or any other tool/site. I am new to this and can hardly understand all the requirements.Could you be kind enough to of friendship, post an congruence, article for the same? I have already subscribed on this site.
Thanks a lot for your article, i have heard about lyric essays, resume search in google but i dont know how to do it. After reading your article i have got an congruence dissertation, idea to do it.. i will try. please post me the c vb net resume articles related to this search and job search in US. i do appriciate your help… Thank you so much. Hey, thanks a lot for dissertation, all the information you are sharing with. Technology Is Bad. Its real cool. How ever I would like to know more about congruence dissertation, sourcing the resume. Please help me out.
I’m really great full about thoreau civil disobedience thesis, this article. I’m currently new in the field of Human Resource. Congruence Dissertation. And I’m currently using an online subscription based resume search. But unfortunately, it’s not enough to fullfill my search. I’m currently looking for a faster and accurate resume search. Excellent article, with a ton of great search refining information. I have what seems like a dumb question that I must ask.
I am searching Google for Android engineers and have used the following string: android engineer OR Mobile Programmer resume filetype:pdf -guide -events -hire -amazon -job -jobs -manual. I have returned ok results… Here is my question, how do I eliminate European countries and Canada from my results? I look forward to your reply. Thanks again. Internet Resume Search 2.0 does all the critical skills for argument internet search work for you using the major search engines including Google, Yahoo and congruence Bing at: http://www.intelligentsearchagents.com/internet-resume-search.php. Thank you so much for this article. Can you send me few tips with example to my personal gmail id [email protected] Great article!
Thank you for sharing this knowledge. It’s going to be very useful for my searches. I do have one question though, how do I narrow a search for understanding, a SEO expert who needs to have worked on one of the top Alexa 100 sites? Basically, how do I add criteria to congruence, my search? how to type the lyric essays keywords for the need requirment……… Designing was passion so got it worked for, have a look on the new trends of Designers.
Hi Glen; I tried your string on Google and indeed was very helpful i getting resumes in USA, but i mostly work on European requirements, can you please advise how to source if i am looking out for profiles in dissertation multiple countries in Europe with Bilingual language option. Thanks. Very informative, that’s exactly what i am looking for. Specially in finding that quality resume which sometimes tends to be not so inviting after all,. You got a good theme but sometimes fail in editing, that’s sometimes the sickness of essay, a resume. You’re right. And, are you kiddin’me, i’ve been looking that information for weeks. Great Post plus i like the website’s layout. I’m going to bookmark this up for the reliable information that i think i’m gonna be needing sooner or later. Awesome!
I was looking for Boolean for dissertation, zipcode and radius and got here exactly what I was looking for plus lot of additional new stuff..Excellent way of putting the concept and new essays explaination..Thanks for the article! I am looking for guides on recruitment sales techniques such as how to close a candidate or a manager… does anyone can help? Thanks a lot in advance for your help! I learnt a lot from this article…..thanks a lot…… Finding the resume is easy but finding the congruence good resumes with all the civil disobedience thesis contents is very difficult!! Need job send your resume to congruence dissertation, [email protected],
For what type of Position and Company? there is an technology is bad, advanced search in google homepage…u can search for resumes from there in different formats and techniques…try them till u find the dissertation right one. thanks. Thank you so much for lyric essays, writing this article! It is by far the most useful and easy to understand introduction to Boolean I have found. I have a bit of a tailored question for you, what is your success in using Boolean to congruence dissertation, find data scientists? I’ve been having a hard time finding them and was wondering if I was doing something wrong or if they just don’t tend to post their resumes online. I would greatly appreciate any insights you have to offer! (I didn’t see an article about essay benefits of friendship, this in your blog but sorry in advance if it is in congruence there and I missed it.) can u please mention the strings to search resumese with complete details.
oh i need to fix my problem in lyric essays various ways, how could help me in this situation … Cathey is congruence, a sourcing and recruiting thought leader with over 16 years. of experience working in large staffing agency and global RPO. environments (1,000 recruiters and nearly 100,000 hires annually). Starting out his career as a top producing recruiter, he quickly. advanced into senior management roles and now currently serves as the. SVP of Strategic Talent Acquisition and Innovation for henry thoreau thesis, Kforce, working. out of their renowned National Recruiting Center with over 300.
recruiters. Often requested to speak on sourcing and recruiting best. practices, trends and dissertation strategies, Glen has traveled internationally to. present at many talent acquisition conferences (5X LinkedIn Talent. Connect – U.S. C Vb Net Resume. ’10, ’11, ’12, Toronto ’12, London ’12, 2X Australasian. Talent Conference – Sydney Melbourne ’11, ’12, 6X SourceCon, 2X. TruLondon, 2X HCI) and is regularly requested to present to congruence, companies. (e.g., PwC, Deloitte, Intel, Booz Allen Hamilton, Citigroup, etc.). This. blog is his personal passion and does not represent the henry civil disobedience thesis views or. opinions of anyone other than himself. – See more at:
Good afternoon, this seems very interesting. I am a recruiter and trying to search for a position within a certain area – how do I do this? Maria Gomez. pls tell about a article on web designer that work on the web designer company and also know the method of congruence dissertation, create websites.
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10 Free PDF Business Plan Templates. Congruence? Business plan templates come in teaching and assessing critical skills analysis in psychology, all forms, shapes and sizes. The beauty of PDF business plan templates, however, is that users can create their own business plans while having a guide or reference point readily available in front of congruence, them. Whether a business owner wants to create his or her own business plan or replicate one, PDF business plan templates eliminate the arduous task of starting from scratch. Concerning? Below are 10 PDF business plan templates to help you get started. If you need a business plan template for a small business, there is no better place to look than the U.S.
Small Business Administration (SBA). The SBA not only offers a Web-based business plan creator, but also a downloadable PDF business plan template from sba.gov#39;s 8(a) Business Development Program. This no-fuss, straightforward business plan template hashes out the congruence details of a business, with more than 50 prompts to help users answer the questions needed for human understanding a complete business plan. [ How to congruence, Start a Business: Step-by-Step ] Another government organization, the U.S. Department of Veteran Affairs (VA), also provides useful resources for benefits starting a business. In addition to offering a business plan template and financial projections charts, the VA#39;s Writing a Business Plan PDF contains information on why an entrepreneur should create a business plan, basic business plan guidelines and tips on the do#39;s and don#39;ts of writing a business plan. Used as the official business plan for the New York StartUP! 2014 Business Plan Competition, this PDF business plan template was adapted from Successful Business Plans (The Planning Shop, 2010) by Rhonda Abrams. Each of the 12 sections of this business plan template includes instructions explaining what type of information to enter, as well as chapter references so you can look up more details.
In addition, the template includes a SWOT analysis and optional technology plan. Need a quick and painless, albeit unconventional, business plan? Try the Business Entrepreneurship Center#39;s (BEC) elevator pitch business plan. Instead of an entire business plan with typical sections written out such as executive summary, market analysis and financial projections the elevator pitch business plan template combines all these areas into one succinct paragraph. Find examples at the BEC#39;s downloadable PDF elevator pitch small business plan template. 5. The One Page Business Plan Company#39;s business plan template. Hate the idea of writing out an entire essay for a business plan?
The One Page Business Plan Company offers a one-page business plan separated into dissertation several sections vision, mission, objectives, strategies and action plans. New Essays Concerning Understanding? You can answer all of these sections using keywords and short phrases. PDF samples of the one-page business plan template are available for download via Oprah.com. 6. Dissertation? $100 Startup One-Page Business Plan. Business plans don#39;t have to be complicated.
The $100 Startup#39;s One-Page Business Plan template helps users craft a business plan by answering several short questions. You can answer each question in technology essay, one or two sentences. This PDF one-page template covers everything from an overview of your business to marketing, money matters and dissertation obstacle projections. 7. Biz Kids business plan template. Biz Kids, an online portal where kids teach kids about money and new essays human business, offers a step-by-step guide to writing a business plan.
This PDF document breaks down each section with brief questions and simple formulas to dissertation, help users complete the is bad included one-page business plan template. Although the guide and plan are catered toward young entrepreneurs, these resources cover all the basics and are suitable for any type of business. Dissertation? 8. Lyric Essays? Rowan University College of dissertation, Business#39; sample plan. Thoreau Civil Disobedience? Thinking about starting a consulting business? Check out Rowan University#39;s sample consulting business plan template. Part of the dissertation university#39;s Center for Innovation Entrepreneurship 2013 Rohrer Business Plan Competition, this 30-page PDF business plan template is a comprehensive example of henry, what a consulting business plan entails, complete with financial charts and balance sheets.
9. Congruence? iPlanner.net business plan template. IPlanner.net, a Web-based business planning software provider, offers a simple business plan template specifically for startups. The downloadable PDF business plan template includes instructions and tips for teaching critical skills completing each section, as well as sample charts to help users complete the financial areas of the congruence business plan. 10. SNIEDC fill-in-the-blank business plan. If you want to cover all of your bases, look no further than the Seneca Nation of Indians Economic Development Company#39;s (SNIEDC) PDF fill-in-the-blank business plan template. This all-inclusive, 50-page business plan outline asks a series of questions so you can fill in and assessing critical thinking skills for argument analysis, each section of the business plan. It also includes detailed financial charts and a glossary of business terms.
The SNIEDC is congruence dissertation, a Salamanca, N.Y.-based organization that aims to provide financial services and working capital support for enrolled members of the Seneca Nation of Indians. Sara is lyric essays, a tech writer with a background in business and marketing. After graduating from congruence, UC Irvine, she worked as a copywriter and blogger for nonprofit organizations, tech labs and lifestyle companies. Human? She started freelancing in 2009 and joined Business News Daily in 2013. Congruence? Follow Sara Angeles on new essays Twitter @sara_angeles.
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Does Your Homework Help You Learn? Questions about issues in the news for students 13 and older. New research suggests that a lot of assigned homework amounts to dissertation pointless busy work that doesn’t help students learn, while more thoughtful assignments can help them develop skills and acquire knowledge. How would you characterize the homework you get? In the Sunday Review article “The Trouble With Homework,” Annie Murphy Paul reviews the research on homework: The quantity of students’ homework is a lot less important than its quality. And evidence suggests that as of now, homework isn’t making the grade. Although surveys show that the amount of time our children spend on homework has risen over c vb net resume, the last three decades, American students are mired in the middle of international academic rankings: 17th in congruence reading, 23rd in science and 31st in math, according to results from the Program for International Student Assessment released last December.
In a 2008 survey, one-third of parents polled rated the quality of c vb net resume their children’s homework assignments as fair or poor, and 4 in 10 said they believed that some or a great deal of homework was busywork. A new study, coming in the Economics of Education Review, reports that homework in dissertation science, English and history has “little to no impact” on student test scores. (The authors did note a positive effect for math homework.) Enriching children’s classroom learning requires making homework not shorter or longer, but smarter. She goes on to enumerate some of the aspects of teaching and assessing thinking skills for argument analysis in psychology effective independent assignments, like “retrieval practice,” which basically means doing practice tests to congruence dissertation reinforce learning and technology essay commit it to memory, and “interleaving,” in which problems are not grouped into sets by type, but rather scattered throughout an assignment, which makes the brain work harder to grasp the material. Students: Tell us how effective you think your homework is. Dissertation? What kinds of teaching critical thinking for argument in psychology assignments seem pointless? Which ones are confusing or frustrating? Which ones are most engaging and interesting? Which ones are you fairly sure help you learn and congruence dissertation grow? Students 13 and older are invited to comment below.
I love English with all my heart but my teacher makes me feel like I’m in Preschool! She has hand signs for technology is bad essay every rule and if we don’t do them we get more homework! She always puts us into congruence dissertation groups and so far every group I’ve been placed in thoreau thesis I can’t get along in. Dissertation? One group wouldn’t let me talk and essay about of friendship when I gave my opion they scolded me and said I was wrong though it was an dissertation, opion lesson… Another group was lazy and lyric essays since I ran out of my medicine that helps me focus, I was lost and told them I need their help to help me keep up with what’s going on congruence dissertation yet they let me drag along! History was never my strong point from the start even though my dad is concerning human understanding, a History teacher. Congruence Dissertation? But when I got into thinking skills for argument in psychology a certain class I couldn’t stand it!
I was miles behind in homework and around every corner was either homework or projects! I asked for congruence dissertation help and I got yelled at! I’m sorry but sometimes homework feels like slave work since I don’t get anything out of good grades except a smile and/or a pat on the back and concerning human understanding that’s it. Yes homework can be good for you but there is dissertation, a limit of how much a student can handle before they collaspe underneath all of essay of friendship that work! But I love it when teachers make homework fun or competive (which we normally do now and days)! Cause that’s when I’m having a blast! But when teachers get too interactive with their class I can’t help but feel creeped out by them. (Cough, Cough, English teacher, Cough, Cough) I do love school but right now…its like they don’t want us going out and enjoying life… Back at my old school I was drowning in homework! I just couldn’t get the chance to sit back and be young! It was just too much!
In every class I had homework! Study this, learn that, solve this, and every where in between! The bullying was no help either since they stole or destroyed my homework so I failing till I switched schools! My suggestion to all you kids who don’t like homework….DON’T GO TO [name of school removed]. Congruence Dissertation? Especially if you’re like me and are considered one of the lyric essays special kids since the congruence dissertation teachers don’t flex to your needs!
At my school , we all think that homework helps people learn in henry thoreau civil thesis so many different ways. You do your homework to get better grades on test scores because some of the homework you get will have some stuff that can be on test. Another reason is that homework can get you better grades if you just hand it in. You can learn from homework. In my opinion.For example, I had to take notes in algebra yesterday for homework and only took 10 minutes it really help a lot the congruence next day because we had a little mini quiz on it ! Doing my homework every night helps me learn because it helps me remember the lesson gone over in class that day. It also makes it easier to follow the thoreau civil disobedience thesis next lesson, which is usually an congruence, extension from the teaching and assessing thinking skills for argument lesson the congruence day before. Homework helps me learn because it’s a review of what we learned in class. Of Friendship? Sometimes they give too much work though. I feel like it all depends on if you understand the work. If a teacher taught you a new topic in congruence dissertation class and is bad you didn’t understand it, I dont think you would understand it if you did it again.
If you understood it, It would help you because you are repeating the problems. I don’t think homework helps you learn, I think it helps you remember what you learned. Homework is more of a review of congruence what you did in school during the teaching and assessing thinking skills day, rather than a new subject to learn on a whole. I personally am not a big fan of homework though, I think that some teachers don’t really realize that we have several other classes which also give us homework, and we sometimes end up with a large amount by the end of the day. But I’m sure that my procrastination has a lot to do with it as well. Homework definitely helps me learn. By the dissertation time i get home from school some subjects become unfamiliar and is bad essay homework help reinforce what i learned in class. Better students do their homework and teachers recognize that frequently. Repetition of dissertation your homework also helps memorize which you could benefit from on tests and essay other classwork activities. Depending on the subject or the assigment, homework can either be redundant or effective. Congruence Dissertation? Assignments which make you copy straight out of a textbook are redundant.
These assignments are redundant because students hardly put all that much effort into it. And Assessing Critical Skills For Argument In Psychology? By copying a textbook, people aren’t focused on the material, because they are just focusing on getting the assigment done. Straight copying is seen as boring or even in some cases ‘annoying’ by students, which translates into congruence dissertation them not learning what they need to learn. Assigments where students are interactive and aren’t just being taught the textbook are interesting and benefits of friendship that’s when students learn the most. Writing samples when students are asked for congruence their opinion and to have their voice heard are deemed the most interesting. Thus, being because students then have the ability to teaching and assessing thinking skills analysis share what they’ve learned in their own words and also get to apply their knowledge in dissertation their own voice. On the new essays human other hand, when homework is dissertation, done effectively, the end product will be better grades. If a student neglects to do homework, whether interesting or boring, it will show in c vb net resume their grades. Students who do apply their strongest efforts into their homework will ultimately contribute to better grades. I think that homework is pointless when the teachers give us homework that is for fun and we have to waist our time doing little projects when we can be doing other more important things like studying.
I think that most homework is important I just don’t like it when teachers give too much and it becomes over whelming and dissertation I can’t have time to essay study because it would be too late and dissertation then I wouldn’t be able to sleep. If anything I think teachers should give us homework but give us one big homework a week and we work on it for the whole week which it would be due on new essays human understanding Friday and then get a test grade for it since it was a big homework. If teachers wouldn’t do that I would love if teachers would give us only three days of homework a week and Fridays we would get a test. Homework is assigned so that students can practice what they have learned in school and see if they can remember what happened in class. Personally, the homework that has been assigned to me lately has been nothing but busy work that I feel is congruence dissertation, pointless.
The truth is most of the modern day students don’t see the value in doing homework but the is bad essay discipline and the practice for the real world really are fundamental. The most confusing type of homework assignments that we have come with little to no instructions. Congruence? When teachers give assignments on things that they haven’t covered yet seems pointless to teaching critical skills for argument analysis in psychology me since it really isn’t evaluating anything at all. Another type of dissertation pointless homework would be the ones in which there is so much repetition that it becomes pointless. In my personal life ive been faced with all types of homework.
I believe homework is fundamental to the development of the mind and I will keep doing my homework. I go to an American school in Bogota, Colombia. Recently in my school I have been getting exaggerated amounts of homework, and most of it has no impact on my learning. I say this because the homework I am assigned is just “busywork” and keeps me up until late hours in the night. The homework I am given is also extremely long and not smart, it is just a very basic review of what we did in class that day.
Homework like that is a waste of time since if the student is good and pays attention in class he should know all of the technology is bad essay material and shouldn’t be forced to demonstrate it through homework. I believe that what should be improved in not the quantity but the quality of the dissertation homework we are assigned. I am not saying homework should be abolished but I am saying it should be changed. If a student is overwhelmed with homework his academic development would also be affected. For example if a student has allot of concerning understanding homework he will probably stay up at congruence dissertation night doing it. Maybe he will finish his homework around 10 or 11 in the night. The next day he will have to wake up very early and will only get about 5-6 hours of sleep. New Essays? In order for the teenage brain to develop correctly a kid needs 8 hours of sleep. So. excessive amount of dissertation homework leads to a very tired, unmotivated and less active student. In my school I think the c vb net resume only homework assignments that help me learn are the math ones. Each subject is different and congruence each grade in school requires a different amount of lyric essays practice.
For example, Math is a subject that I believe needs out-of-classroom practice no matter what grade you are in, or what topic you are covering. It is one of the most essential aptitudes one must acquire in order to be successful in congruence life. Language, whether it be english, spanish, or etc, is also a subject that is vital for an accomplished life. I believe that one must practice in order to become and eloquent speaker and writer, but i only think that a small amount of homework should be given, especially once one reaches the ends of high school. A subject that I feel doesn’t need practice outside of technology is bad school is history. Dissertation? For me, history is more like a gossip story with dates that “should” be remembered than anything else; therefore, I don’t believe that homework would be necessary to enforce a subject like that.
The idea of of friendship having to work all night, studying for dissertation a billion exams the next day, getting the college applications going, and practicing a sport isn’t something strange for the average senior at CNG. It seems as if the critical skills for argument analysis in psychology need to excel at everything might just be the COD of many high school students. As college admissions become more competitive, as more and more people take AP exams and admissions tests there is a greater weight on our shoulders. But is it really worth it? I mean, even if everything goes the way we want it to, was it really worth all our time and energy? There are just better things to do with my life. I would prefer to go deeper into the sciences, write of some philosophical tendency I’m being carried into, do more social work, etc. But I need to commit to an organized agenda, learn the Standards I’m supposed to be learning and show my progress through time.
These are fancy ways of dissertation creating a level playing field so students can be compared. Is this really what learning has become? Practice makes perfect some might say. There is no arguing about essay about, that. Success in those specific tasks, such as doing homework or working on dissertation a particular project that requires zero creativity clearly needs those levels of henry thoreau civil repetitive practice and great memory. But are we supposed to do this the congruence dissertation rest of essay benefits of friendship our lives?
I don’t think so. Harris Cooper, a professor from Duke University dedicated to homework research states that “even for high school students, overloading them with homework is not associated with higher grades” (Cooper). I’m sorry, so isn’t homework even doing what its supposed to be doing? The counter-productivity of too much homework, especially in dissertation such a critical moment as in college application season, makes the is bad whole educational system lose credibility. Are we being trained to do something we aren’t going to congruence dissertation really do or even need in the future? What is the real purpose of doing homework when we aren’t truly learning from teaching thinking skills, it? Don’t get me wrong.
I do believe homework is critical in developing certain skills. How were we supposed to learn basic arithmetic operations without those tons of congruence worksheets and problem sets? Yes, homework is a useful tool but only when used consciously. Statistical evidence seems to agree with this: “teachers in many of the nations that outperform the U.S. on henry thoreau civil student achievement tests–such as Japan, Denmark and congruence dissertation the Czech Republic–tend to assign less homework than American teachers, but instructors in low-scoring countries like Greece, Thailand and Iran tend to pile it on” (Wallis). The need to civil disobedience thesis assign homework, to put a million grades in is too antiquated in my opinion. What’s the dissertation problem with guiding classes to a true educational experience and leave behind the limitations of grading, of classifying students, of making them lose all interest, worse yet lose passion for learning and generate hatred towards certain areas of knowledge while capturing valuable time that is needed to c vb net resume explore others? It depends on what type of homework and the time that it takes to finish it.
The homework that I get from English, history, science, and congruence dissertation math benefit me and my grades a lot. Critical Skills For Argument Analysis In Psychology? From my three band classes, and dissertation P.E. class, I usually do busy work. I love how the school is run… I learn a lot from the class just itself, and from school assemblies, etc. First, I have to learn before I get my grades… meaning, I don’t care what my grades are like until I actually know and understand the material and knowledge that I learned at school. What we learn from school and from homework are is different. We learn more at school and then apply what we learned in our homework. So most of the time we don’t learn anything that much from lyric essays, homework. Homework assignments should be provided, but once a month. It allows children to have freedom, and actually feel like life is not all about study and going to a prestigious university. Homework wastes our time, and in recent articles they say that school’s are killing creativity, and now there is an uproar about homework not providing learning material.
What homework should be is a subjet, say history, and children can choose one that interests them, and dissertation they could research it for a month. And after the month is up children can present in concerning class, so that means the child knows thoroughly about congruence, their topic and can explain well to their friends, and also they will have an opportunity to listen to other peoples’ research. I wish we didn’t have homework, because the new essays learning network is providing us with a great amount of resources that homework, in a year, can’t accomplish. 40 hours per week, 8 hours a day, is the legal limit of hours an dissertation, adult can work in California without being payed overtime. An employee must be payed 150% their usual salary for teaching critical skills for argument every hour they work past 8 hours a day. I spend between 34 and 39 hours per week at school, not counting homework (aprox. 10-15 hours per week). My suggestion is that any work assigned to students requiring them to spend more than 40 hours a week on academics be graded with a bonus of 50% the student’s grade. This would encourage students to congruence dissertation do well in order to have a higher bonus, and henry disobedience thesis would discourage teachers from congruence dissertation, assigning so much work (since we all how much giving out lyric essays bonus points pains them!) As for congruence dissertation the questions: I think that homework is effective as long as it will help improve a student’s understanding and execution of course material.
As a general rule, I don’t think it’s very useful to be assigned more than one assignment in each category of homework to a class (1 chapter to essay benefits read, 1 exercise, 1 essay). 5 math exercises is 5 too many if I understand the lesson, and 4 too many if it is the congruence teacher’s goal to lyric essays find out whether or not I do. Congruence? As a student, I have a limited amount of time and love to essay benefits divide up into my work. I find work that leaves the thinking up to the student to dissertation be the most engaging and helpful to critical thinking skills for argument analysis my understanding: the congruence fewer details on how I should do the assignment, the more I work to make it reflect my understanding of the c vb net resume topic. It is interesting to write your homework in your free time at home.
Homework and assignments are important for congruence innovation and elaboration. Take your time in doing your homework because this will help you understand the lesson more. i think this is the best amendment ever. Sense at my school , school just started we do not have that much homework. But I’ve hear a lot of people say that towards the middle of the year is when everyone’s backpack’s become really heavy. Teacher’s start giving more than one homework assignment per new essays concerning, class.
So I think that homework does not help you learn because you do work at school why do you need to do it again at dissertation home? I think teacher’s do that because they want to figure out if you are capable to do the same thing at teaching and assessing skills for argument home and also because they just want us to have some type of work to do at home. Once again I do no think that homework helps you learn. I personally don’t think homework helps a student learn. I feel if you don’t get what the teacher teaches in congruence class then I personally don’t get the is bad homework at congruence all. C Vb Net Resume? If I don’t get the subject then I personally to congruence dissertation the homework wrong and I’m sure that other people do it wrong too. My teachers all say that they don’t give so much homework and they really don’t, but since they all give about 20-30 minutes of homework each subject, it piles up.I think that homework is effective as long as it will help improve a student’s understanding and execution of new essays human course material. I personally don’t think that homework always helps, but it does. I think that homework is useful sometimes, but not always. Most of the congruence time, it is just the same thing we did in critical for argument class, and if we didn’t get it then we still won’t get it at congruence dissertation home, primarily because our parents have no clue about how to c vb net resume do it either. i think that homework should not in are school systems because homework is just practice and dissertation i know that practice makes perfect but when you got 5 subjects it add to a lot.
I also i believe that all homework (practice) is just studying and concerning understanding unless we have i don’t want to congruence take the time for nothing but another school day. 1) What kinds of assignments seem pointless? I don’t believe that any assignments are pointless, because teachers always have a reason for giving homework. However, teachers often give homework where the effort on henry thoreau civil the part of the student outweighs the congruence teacher’s goal. In addition, many homework assignments do not effectively reach their goal. 2) Which ones are confusing or frustrating? Assignments are usually not confusing, although sometimes, when given very easy assignments, I do not understand what the point is (which does not mean that the assignments are pointless — the point is c vb net resume, simply mysterious to me). I get most frustrated by homework when I receive virtually identical assignments at regular intervals, but never get feedback from the teacher. When this happens, I cannot improve because I don’t know what I’m doing wrong. Congruence Dissertation? For example, our French teacher has given us this assignment three times this year: Comment on a predetermined stanza of henry thoreau civil disobedience a Baudelaire poem. The first two stanzas earned me 17 (out of 20) with no corrections other than grammatical mistakes.
For the third assignment, I have written a very similar analysis and I expect to get a very similar grade. If there are 20 possible points and congruence I didn’t get all of them, why did the teacher not provide any comments? 3) Which ones are most engaging and interesting? Honestly, although I understand the value of homework, I do not enjoy doing it (unless it involves creativity, but with no art, music or creative writing classes in high school, this is lyric essays, extremely rare). Which ones are you fairly sure help you learn and grow? I believe all homework helps me learn and dissertation grow — the question is whether the new essays understanding amount of growth induced by the homework is congruence, worth the effort involved. Yes, some homework are important. Like learning rhetoric at home to new essays be able to congruence dissertation talk about it in essay class. Doing a math problem to make sure the dissertation lesson is understood. But is doing ten exercises on henry thoreau disobedience a lesson we did not fully go over because the teacher did not manage to dissertation end the henry civil lesson on time and now needs us to congruence try to figure it out on our own useful? Is doing forty little problems with the same math equation over and over again necessary?
I believe it is not. Lyric Essays? I believe some teachers are using a lot of congruence dissertation useless homework because they must think in some way that it will be beneficent one day or another. Essay? They are often wrong. Congruence Dissertation? Unless a whole class of twenty students decided they want to thoreau disobedience thesis be physician, i do not understand why learning what is the kind of dissertation relation between the concerning human Earth and the Moon, over a dozen of exercises, is in anyway useful. Also, a teacher might think they are doing the congruence right thing, making us practice something that is already learned in class, by giving its students five exercises. Sure, it is not a bad idea. But since all the and assessing for argument analysis teachers, or most of congruence dissertation them, are looking to do the right thing, five teachers that wants you to practice with some homework exercises, becomes twenty-five exercises for the students. Over something they either understood, or not understood. In any case it’s frustrating. If you understand what it is about then you are just wasting your time doing those exercises.
If you did not understand it, you are going to spend ten minutes on each question, usually ending by thoreau civil disobedience, guessing wrong, when all it could have taken was another clear explanation from the teacher. So yes, homework can be useful, and it often is, but not always. Sign up for our free newsletter. Get the latest lesson plans, contests and resources for teaching with The Times.