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BizTalk Server and WCF Integration. Atul Gupta (Infosys Technologies Ltd) Amit Praful Shah (Infosys Technologies Ltd) Jitendra Pal Thethi (Infosys Technologies Limited) September 17, 2007. This article describes the different approaches available to expose and consume Windows Communication Framework (WCF) services from BizTalk Server 2004 (BTS04) and my robot essay, BizTalk Server 2006 (BTS06). Code samples for integration of paper a WCF service with BizTalk Server 2004 are available here and for integration with BizTalk Server 2006 here. With the November 2006 release of .NET Framework 3.0, the wait is finally over for my robot, software professionals. The core components of resume blast this managed code programming model – Windows Presentation Foundation (WPF), Windows Communication Foundation (WCF) and Windows Workflow Foundation (WF) – has revolutionized the way software is programmed. This article focuses on the different options available for communication between WCF and my robot, BTS06. While much of the paper, discussion will also be applicable to BTS04, any discrepancies in implementation for BTS04 will be highlighted. There is a WCF Adapter for BTS06 is essay available on the CodePlex Web site. An out-of-the-box adapter will be shipped with BizTalk Server 2006 R2 which may be released by paper, the end of September 2007. An overview of the R2 WCF Adapter's capabilities is my robot available at the following blog post.
To try out the R2 WCF Adapter, download the BizTalk Server 2006 R2 Beta from the Microsoft Connect site. However, you may need to integrate existing BizTalk-based applications with WCF to essay for teachers do the my robot, same. In this article we present various options to achieve interoperability in cases where upgrading to BizTalk Server 2006 R2 is why is education not possible. My Robot? The article merely outlines the approaches and does not deal with them in an exhaustive manner. Why Is Education Important? Nor does it provide a benchmark to compare the approaches. You need to evaluate and choose one among the suggested techniques after taking into account the needs of your application. Essay? Note: If you are upgrading to BizTalk 2006 R2, then working with WCF Adapter will be ideal due to the ease of use, deployment and essay software, management it offers.
Overview of WCF and BTS06 Technologies. Before getting into my robot, the specifics, it may be useful to term paper get an overview of essay WCF and essays education, BTS06. If you are already familiar with these technologies, you may skip the introductions and proceed to the section on 'WCF Service Used as Reference'. WCF is Microsoft's unified platform used for my robot, rapidly building secure, reliable and interoperable distributed applications. WCF combines the earlier disparate programming models into a single service-oriented programming model. In the world before WCF, software developers had to pick from numerous technology choices in order to create and expose services that could be consumed in a distributed environment.
While developers chose web services for interoperability and Microsoft Message Queuing (MSMQ) for software, reliable messaging, they used Enterprise Services for transaction management, .NET Remoting for high performance systems and Web Service Enhancements (WSE) for secure messaging, resulting in the same logic being duplicated when the my robot essay, component had to be exposed over for teachers, multiple channels. At a high level, every WCF service consists of the following three parts: The Service Contract that defines 'what' the service does and a service class that contains the implementation for the service. Configuration files consisting of bindings (the 'how' part) and essay, endpoints (the 'where' part) that define the way clients access the WCF service. Volcano Research Paper? These configuration files are independent of implementation. The binding specifies how a client communicates with the service in terms of transport and other attributes. The endpoint specifies the address at which this service is exposed to clients. A process that hosts the service implementation so that it can be invoked from client applications.
The following diagram depicts a WCF service being invoked by a client: Figure 1: WCF Communication. Given below, are a sequence of steps that need to be followed for implementing and making a WCF service available for consumption. My Robot? As with all service-oriented development, we follow a contract-first development model for WCF services. Two types of contracts need to be specified: Service contract: This contract defines the research paper, interface of the service, which is the set of operations that are implemented and exposed by the service.
The service contract uses a specific attribute viz [OperationContract] to my robot essay define the operations. The code snippet given below shows how the class and method definitions are decorated with attributes to indicate the service contract. In the following example, the service contract (interface ICalculator) exposes two operations Add and Subtract, each of which expects 2 ComplexNumber input parameters and return a ComplexNumber as response. Data contract: Every service call will typically have a set of data elements that will be passed as input parameters and a output that is returned from the call. The data contract helps in formalizing this data exchange. The data is paper typically modeled as a class or struct and is given attributes that define the contract. The data contract controls the way the request object, which is passed as a parameter to the service call, is serialized and hence controls the SOAP (Simple Object Access Protocol) message format that flows on the wire. An example of a data contract is my robot given below.
Note that the DataContract and blast review, DataMember attributes are used to decorate the class ComplexNumber, which is the data entity passed as input and essay, output to the Add and Subtract operations in the service contract defined above. Research Paper Sector? Once the my robot, service and compare point view, data contracts are defined, you need to create an implementation for my robot essay, the service. This is done by first defining the class that will implement the interface in the service contract. The actual business logic for the operations is then included in editing for teachers, the method implementations. My Robot Essay? As mentioned earlier, the essay, service is essay implemented independent of the transport or address over which the service is paper eventually exposed.
This is my robot essay possible because in resume, WCF, the transport and essay, address details are specified as attributes in external configuration files. To configure end points exposed by WCF services, it is point mandatory to define the following details for each endpoint: Contract: The contract is the essay, interface or the service contract that the service implements. Paper Sector? In the sample shown below, the endpoint is configured to expose the essay, ICalculator service contract. Binding: The binding specifies the protocol over essays why is important, which the service can be accessed along with attributes that define security, reliability and other requirements. Address: The address is the physical URL where the service can be located. The key advantage of this configurability is that though the service is implemented just once, it can be accessed over multiple endpoints, each defining a unique combination of address and binding. A sample configuration for end points is as follows: The final step is to host the service in a process.
For this, there are multiple options – Internet Information Services (IIS), Windows Activation Services (WAS) and managed Windows service. A service may also be hosted in a managed Windows application such as Windows Forms applications, console applications, etc. The following links provide more details about.NET Framework 3.0 and WCF: BizTalk Server is an integration product from Microsoft that enables enterprises to my robot essay automate, deploy and compare point essay, monitor business processes. It offers Enterprise Application Integration (EAI), Business Process Management (BPM) and B2B integration capabilities. The BizTalk Server features can be categorized into two main areas—messaging and orchestration, which are described below. The messaging engine deals with parsing, sending/receiving, translating, and routing of messages to and from applications. It enables users to receive messages and route them into a business process or send out a message from the my robot essay, process. The orchestration engine deals with modeling and essays why is education important, executing processes, and provides a tool to design and implement business processes.
BizTalk orchestration thus helps manage overall application business logic. Messaging and orchestration are used together; with messaging providing the receipt and delivery capabilities that orchestration rely on. The diagram below shows the my robot essay, important components of BizTalk server: Figure 2: BizTalk Server Architecture. Other important BizTalk server components include: Business Rules Engine (BRE): The BRE allows one to create a set of business rules as policies and evaluate data based on these rules. With this, business rules are maintained outside of the business process, but can be invoked from within the process. This makes the essay editing, systems easier to configure and maintain. Business Activity Monitoring (BAM): The BAM component makes it possible for my robot essay, the extraction of relevant information from business processes as they are executing and hence to monitor the processes in real time. Business Activity Services (BAS): The BAS portal, along with some of the components in BizTalk, enables the management of interactions with trading partners. It also helps integrate an important, enterprise's business processes with those of the partners. BizTalk allows you to create 'send' and 'receive' port gateways through which external applications can exchange messages with BizTalk. The ports can be configured to use a set of transport protocols and application adapters that are shipped with BizTalk Server.
With these adapters, BizTalk can exchange messages over multiple channels such as files, MSMQ, HTTP (Hypertext Transfer Protocol), SOAP, IBM MQ, etc. Application adapters, which can directly interact with packaged applications like PeopleSoft, SAP, Oracle Apps, etc, are also available. Additionally, BizTalk can understand both positional/delimited and my robot essay, XML message formats. It has a mapping engine that can help transform messages from one format to another. The flow of a message through BizTalk is shown in the diagram below: Figure 3: Message flow in BizTalk Server. Since BizTalk has HTTP and SOAP Adapters, it can interact with web-based applications, especially web services. Editing For Teachers? The BizTalk Server interacts with services in the following two ways: BizTalk process orchestrations can be exposed as Web services.
In such a case, external clients can invoke the orchestration by making SOAP/HTTP calls. BizTalk can consume Web services by using the SOAP Adapter. More information on BizTalk Server 2006 is available at my robot the following URLs: BizTalk Server 2006 Home. Volcano Research Paper? The WCF Service Used as Reference. This article uses the following WCF service to explain BizTalk-WCF integration options: In the above service, a Product ID is the input parameter expected by the GetStockInfo() method. The logic will query the Product Table to retrieve current stock details for the Product ID. Essay? The return value is an integer indicating the current stock available. Both BizTalk Server and WCF are technologies that provide significant value by themselves. However, a combination of the two provides the broadest possible spectrum of connected system scenarios – both brokered and un-brokered – using open standard protocols.
BizTalk provides business process orchestration, message transformation and business activity monitoring through designers and visual tools. Volcano Research Paper? WCF provides a unified framework for building secure, reliable and my robot, transacted web services. The following sections will describe options for integrating BizTalk with WCF services. Consuming a WCF Services from BizTalk: Use the WCF Adapter. Essays Why Is Education? Currently in CTP, it will be released with BizTalk 2006 R2. WCF service exposed over my robot, basicHttpBinding and consumed from orchestration.
WCF service exposed on wsHttpBinding endpoint. BizTalk communicates with the service using a WSE Adapter in research, a secure and my robot, reliable mode. WCF Service endpoint on msmqIntegrationBinding. BizTalk consumes the service using an MSMQ Adapter. Why Is? BizTalk consumes service using a wrapper around the WCF proxy and invokes through BizTalk orchestration. This mechanism is used when a transport adapter corresponding to a particular type of WCF binding in BizTalk, e.g. netTCPBinding , is not available in BizTalk. Exposing BizTalk orchestration as a WCF service having a basicHttpBinding binding.
The following table shows the options for essay, communication between BizTalk Server and a WCF service for various system-provided WCF bindings. These options are mapped to the features of each binding and indicate whether they are retained or are no longer available on selecting a given option. Resume Blast Review? Use the following table to select the option that satisfies all features required in your scenario: Options for Communication. Correlation and Duplex Channel. Orchestration using Send shapes bound to endpoint on HTTP Adapter.
Wrap WCF Proxy as a .NET assembly. Orchestration using Send Shapes bound to essay endpoint on WSE Adapter. Wrap WCF Proxy as a .NET assembly. Orchestration using Send shapes bound to endpoint on WSE Adapter. Wrap WCF proxy as a .NET assembly. Wrap service in a .NET proxy assembly. Wrap Service in a .NET proxy assembly. As MSMQ endpoint. Requires additional transformation.
Wrap service in a .NET proxy assembly. As MSMQ endpoint. Requires additional transformation. Blast? Wrap service in a .NET proxy assembly. Wrap service in a .NET proxy assembly. Table 1: Options for essay, BizTalk – WCF integration. The following business case sample may help you understand the working of BizTalk and WCF: A user receives an invoice from paper a file receive location using the File Adapter.
BizTalk forwards this invoice to the WCF service to my robot enquire about the stock availability based on the Prod ID mentioned in the invoice. WCF returns the stock status to BizTalk and writes to an output file location using the File Adapter. Accessing WCF Services from BizTalk Server. WCF Service with BasicHttpBinding binding, consumed from BizTalk. In this technique, the SOAP adapter is used to facilitate the communication. Essays Why Is? BizTalk consumes the essay, WCF service by making a web reference to the WCF service exposed over basicHttpBinding . The basicProfileBinding conforms to WS-I Basic Profile 1.0 standards. The SOAP Send Adapter can be used to essays important interface with such an endpoint. In order to consume a service that uses BasicHttpBinding : Add a web reference to the WSDL at endpoint address.
This creates the necessary web port and the multipart messages that need to be exchanged between BizTalk and WCF. Essay? Transform source messages to request schema messages. Such messages can be sent from orchestrations. The following is the why is important, detailed sequence of steps to be followed for consuming a WCF service exposed over the BasicHttpBinding : Create a new web site using the WCF service template as shown below: Figure 4: Creating a new WCF Service project. An important snippet of the web.config file for essay, basicHttpBinding is as follows: It defines the service contract of the WCF service and the binding information for basicHttpBinding . Refer to the MSDN site for more information on outline, basicHttpBinding . My Robot Essay? Figure 5: Adding a web reference to the WCF service. The web port type and multipart messages are automatically created after addition of the web reference as seen in essays education important, the orchestration view.
Logical ports can now be added to the orchestration design surface. The WCF service can be invoked from the orchestration by passing the request message type to the port and subsequently receiving the response. Note: The steps remain the same when consuming the WCF service from BizTalk Server 2004 or BizTalk Server 2006. WCF Service Exposed on WsHttpBinding Endpoint. WCF services exposed using a wsHttpBinding are secure, reliable and interoperable. Essay? These services implement WS-Reliable messaging for reliability and WS-Security for message-level security. A WSE-enabled adapter is required to call services exposed using wsHttpBinding . Microsoft has released a BTS04-compatible WSE 2.0 Adapter which can be used for communication.
However, currently, there is no BTS06-compatible adapter for WSE 3.0 available from Microsoft. One can either write a custom adapter or use a third-party adapter like the one provided by TwoConnect. The WSE 2.0 Adapter, available for BTS04, can be used for interfacing. The supported standards are WS-Security (user / password token, Kerberos and X509) and WS-Reliability. Paper In Physics? More details are available on the MSDN web site. The WSE 2.0 adapter can be downloaded from here and the SP1 is available here. A detailed walk through on using the my robot essay, WSE 2.0 adapter is resume review available in this TechNet article. TwoConnect has published a WSE 3.0 Adapter to interface with WCF services exposed using wsHttpBinding endpoint. You can find more details on the adapter at http://adapterworx.com/cs/products/wse3.0.aspx. For connecting to WCF using the my robot essay, WSE 3.0 Adapter from TwoConnect, follow the paper, steps given below: Create and publish a WCF service according to my robot essay the steps listed in the basicHttpBinding section.
An important snippet from the web.config file is as follows: Figure 6: Referencing WSDL URL information in the Schema Generation Wizard. Figure 7: Specifying the web methods in the Schema Generation Wizard. WCF Service Endpoint on MsmqIntegrationBinding. MSMQ bindings cover asynchronous message-based, inter-process communications using the MSMQ infrastructure. MSMQ provides the infrastructure to send messages across machines in a secure and reliable environment and in a transactional scope. This messaging pattern helps build scalable applications as the number of blast blocked and wait threads is minimal. The sample described in this section, works as follows: BizTalk receives an invoice.
It submits the message using an MSMQ Adapter to the private MSMQ queue present on a remote system where the WCF service is my robot hosted. The WCF service picks up the message from the MSMQ queue, finds out the stock status, updates the message, and posts it back to the same queue. BizTalk picks up the message from the queue and posts it to a send location using the File Adapter. The WCF service is hosted inside a console application. Define the service contract as shown below: Note the use of the ServiceKnownType attribute. This helps expose .NET Types to the service so that they can be serialized and de-serialized when required. InvoiceType is a class with fields having one-to-one mapping.
The source schema elements are present in the BizTalk message. Paper In Physics? Also note that since the message is my robot passed to the WCF service over research, MSMQ, the my robot essay, parameter type of SubmitInvoice OperationContract will be of type MsmqMessage. Essays Why Is? This class is marked with the Serializable attribute so that the objects of this type can be serialized and de-serialized when required. Biztalk has send and receive ports that send and essay, receive a message from MSMQ using the MSMQ Adapter. The port binding is set to the specify later option. After deployment, set the properties of the send and receive ports for MSMQ bindings from the BizTalk Explorer as follows: Figure 8: Configuring the MSMQ Send Adapter.
The above figure shows the property window for the send port using MSMQ Adapter. Note that we have specified the name of the destination queue and set the blast, transactional property of the queue to essay true . Figure 9: Configuring the MSMQ Receive Adapter. Essays Why Is Education? The above figure shows the essay, property window for the receive port using the MSMQ Adapter. The queue name has been specified and the transactional property is sector set to true . In case of BizTalk Server 2004, the my robot essay, MSMQ Adapter needs to be downloaded. The adapter can be downloaded from here.
The steps specified above can be used when working with BizTalk 2004 and to interact with a WCF service using MSMQ. WCF Service Endpoint on NetTCPBinding. NetTCPBinding uses the Transmission Control Protocol (TCP) channel to interact with the client and service. There is no BizTalk adapter for TCP, hence the only option available while using the netTCP-bound endpoint is to employ the proxy pattern discussed below. NetTCPBinding supports a duplex channel of communication – the service calls on the client interface to return the response without the client needing to listen explicitly. In order to execute a sequence of paper process steps as a transaction, the expression shapes should be in atomic transaction scope.
Any exceptions occurring on the service call would show up as scope exception, which will also abort the ambient transaction. NetTCPBinding supports transport-level and essay, message-level security as defined by the binding configuration. NetTCPBinding can work in scenarios where both client and service are on .NET. The working of this sample for consuming WCF service exposed over a NetTCPBinding is as follows: Define and implement the essay editing software, service contract as shown earlier. Create a console application to host the WCF service. Generate a proxy class using svcutil.exe against my robot essay, the service contract defined earlier by running the svcutil.exe tool as shown below. The assumption here is that the service is exposed at the URL http://localhost:8000/Service.svc. Essay Editing Software? The URL should be replaced with the actual address of the service. svcutil.exe *.wsdl *.xsd. Essay? A proxy class and configuration file will generated. Note: We have tested the sample in this article using BizTalk 2006, not BizTalk 2004. While the steps for both are the essays, same, working with WCF on a BizTalk Server 2004 machine will require installation of the .NET framework 3.0.
This is because a reference has to be added to my robot essay a project that contains code generated using WCF. Term In Physics? Note: We are hosting the service at port number 8000 and exposing the service endpoint at my robot port 9000. Note: In the following code snippet, we are specifying the transport-level security and the credential type: The app.config is point as follows: In this approach explained above, we have a reference to the WCF proxy inside BizTalk. We are invoking the WCF-exposed service using the Expression shape. The recommended approach is to send the message from BizTalk in plain XML format to my robot essay a .NET wrapper class. This class will create a .NET object from within its implementation and then call the WCF proxy. The transformations will be done in BizTalk but the essays, deserialization will be handled in the .NET assembly. Message translation is best handled in BizTalk via the my robot essay, mapper and research outline, the rich set of functoids.
Hence, we recommend translating messages required by the WCF service within BizTalk using the Mapper. However, the WCF service may expect and return a .NET Type and not an XML. In such a case, converting the XML message is best done in the .NET assembly, helped by the rich serialization and deserialization support available in the .NET Framework. The following table summarizes the same: Recommended (use BizTalk Mapper) Not recommended. My Robot Essay? Is an implementation overhead.
Exposing BizTalk Orchestrations as WCF Services. The following sample describes how a BizTalk orchestration can be exposed as a WCF service. The steps are: Convert the orchestration to essays why is education important a web service using the orchestration Web Services Publishing Wizard. Modify the web service to a WCF service by manually editing the code contents of the web services as described in essay, the 'Configuration' section below.
Create a BizTalk project containing the orchestration which is to be first exposed as a ASMX web service. The orchestration process is as shown below and the actual code is present in the attached sample code: Figure 10: BizTalk Orchestration to essays education be exposed as WCF service. Essay? Note that the orchestration has a public request response port through which it will interact with the web service. Figure 11: BizTalk Web Services Publishing Wizard. Contrast Point Essay? Figure 12: Selecting the BizTalk assembly to be exposed as service. Figure 13: Selecting Orchestration Port that is to be exported. Figure 14: Specifying properties for essay, ASP.NET web service project. Note that the service name inside the services tag should be the fully qualified name, i.e. with namespace, and should match the resume, service in the WCF service (.svc) file. http://localhost/Invoice_Proxy/Invoice_InventoryProcessWS_Port_2.asmx BTS as WCF service. These services can now be consumed from a client. The sample code has been tested with the WCF binding set as basicHttpBinding. To add a web reference to a WCF service in a BizTalk project, we need to create the service using the File New Web Site option and select the WCF service template.
WCF service cannot be created using New Project option. If Visual Studio is my robot essay unable to create code files when adding web reference to volcano research the WCF service created, it could be a proxy authentication issue. Check the proxy settings for the browser under Tools Internet options Connections LAN Settings. To view the application errors and to fully trust the target assembly, add the following sections under the web.config file for all scenarios: When sending messages from essay BizTalk to MSMQ we need to set the target namespace property of the why is education, schema to blank . If an instance of the schema is generated with the target namespace property specified, the WCF service is unable to process the message it picks up from MSMQ. For e.g., we can have a schema as follows: And not as follows: Refer to this blog entry for more details. My Robot Essay? When consuming a WCF service with wsHttpBinding from BizTalk 2004, the WSE 2.0 Adapter is unable to understand the blast review, WSDL generated by essay, the WCF service.
The WSE 3.0 Adapter depends on .NET Framework 3.0 which has to be installed on the BizTalk 2004 system. It should solve the issue of consuming a WCF service with wsHttpBinding from a BizTalk 2004 application. Creating services using Service-Oriented principles is key in resume blast review, many software projects and WCF is my robot a very good framework for paper, such a task. Essay? It enables developers to write the service logic once and expose the in physics, service over various endpoints which can use different bindings like web services, MSMQ, TCP, etc. Microsoft BizTalk Server can then be used to my robot orchestrate the services and implement business processes. This article presented options for enterprises that use BizTalk Server 2004 or BizTalk Server 2006 and wish to expose or consume WCF services from BizTalk. However, enterprises should look to upgrading to paper BizTalk Server 2006 R2 that will have native support and out-of-the-box adapters for communicating with WCF services.
The options given in this paper are meant for scenarios where an my robot essay, upgrade to BizTalk Server 2006 R2 is not possible. Atul Gupta is Principal Architect with Microsoft Technology Center, Infosys. View? He works on BizTalk Server 2006, BizTalk Server 2006 R2 and Windows Presentation Foundation from .NET Framework 3.0 stack. Amit Shah is an Architect with Microsoft Technology Center (Infosys Technologies Ltd). He is currently working on the creation of integration solutions on the Microsoft platform using technologies like BizTalk Server, .NET Framework 3.0, Office SharePoint Server 2007 and SQL Server 2005. Jitendra Pal Thethi is Principal Architect with Microsoft Technology Center, Infosys. My Robot Essay? He is research on banking based out of Redmond and part of the Catalytic IT Solution Sales team and also the Infosys-MS Alliance team. Sarathy Sakshi is a test lead in the Connected System Division of Microsoft and is based in Redmond, WA.
He has worked in various areas of BizTalk server and has most recently been working on the WCF Adapter. My Robot Essay? Yumay Chang is a Technology Development Manager in compare, the Enterprise Partner Group at Microsoft. She leads the partner strategy on SOA and Business Process Management and supports partner in their adoption of Microsoft technologies.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of my robot essay preparing for contrast point, and executing the essay, “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for research paper outline, (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per my robot essay, issue), briefing cases in term paper in physics, 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. Essay? A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way.
— Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an blast, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and my robot, Professor Comments. The entire grade (!!) in most law school courses will depend upon compare contrast point essay performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and my robot essay, usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in compare contrast point view essay, length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in my robot essay, a course based on research on banking, a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]).
Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is essay misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the compare contrast point view essay, 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 the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. Essay? (Sounds great, until you realize you don't know what an issue is, much less how to term paper in physics identify all issues lurking in the fact pattern; you don't know how to my robot essay analyze as a lawyer; and volcano research, you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. Essay? A typically complex and confusing fact pattern is term paper in physics followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to my robot essay a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and term in physics, the analytic dialectic between law and facts known as lawyerlike thinking.
Should you find yourself thinking, as you review the my robot, 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 volcano research paper, occasional tennis player, fell while descending steps at essay, the Only For Us Racquet Club in research sector, Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and my robot essay, bring home din-din. I'm going to be in why is important, the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. My Robot Essay? He grinned and 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 editing software, club. Although a resident of my robot Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and term in physics, Jett Setter personally in New York County, seeking damages for Coris' injury and essay, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and volcano outline, motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the my robot, summons and complaint was affixed to term in physics the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the essay, issues raised in the above. Software? Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO.
(Such legal knowledge should be in essay, your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the essays why is education, rights and duties of parties to my robot essay an action, and to bind the essay editing software for teachers, parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in essay, the state where an term paper in physics, action is brought, and personally served with process. Essay? Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by contrast essay, regular mail to said address (so-called nail and mail). My Robot? A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the editing software for teachers, requirements of my robot due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of essays why is education important facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is essay negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of essay action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of my robot a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for view essay, 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 essay 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions.
Perform Steps One, Two, and compare contrast point view, Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for 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 my robot obtain damages on volcano research paper, one side and to avoid liability on essay, the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on essay software for teachers, a procedural ground.
More immediate to the six events/motions:] 1 = Change venue to Queens County vs. My Robot? keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. On Banking Sector? exists and my robot, viable. 4 = Preclude disclosure of overheard conversation vs. On Banking Sector? 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 my robot essay that each event/motion will generate no more than one or two premises, and resume blast review, will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of my robot essay train of thought and be time wasting to continue applying the Steps to all six, from this point on editing for teachers, I shall work on essay, each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. Point View Essay? due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on my robot essay, to No.3; . . . Essays Why Is Education Important? No.4; . Essay? . . Software? 5; . Essay? . Review? . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.
5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an my robot, independent exercise. It is essay editing for teachers part and parcel of inspecting the essay, law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the compare view, first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of my robot a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in essays important, the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. My Robot? It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.
However, I am thinking of and research paper on banking, guided by essay, 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 blast review, racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in essay, New York County of Coris' mother, Doris, whose claim is research minor, is the only apparent reason for trying the action in New York County. My Robot? It is hardly compelling. [Concludes lawyerlike analysis -- application of important law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and my robot essay, mail service will satisfy the requirements of resume personal jurisdiction only where personal service on my robot essay, a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at blast review, home or leave the summons and complaint with a person of suitable age and discretion at my robot essay, the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to resume blast review serve defendant Setter personally other than twice unsuccessfully at his place of essay business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served.
Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of resume blast review personal jurisdiction. Arguably, raising the claim on essay, appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the resume blast, claim would be deemed tolled. My Robot? [Analysis.] Conclusion : Setter's defense of lack of in physics personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the essay, action is discoverable, even if not admissible as proof.
Confidential communications between husband and wife are privileged from disclosure by either spouse and by term in physics, a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an essay, indication of Coris' truthfulness. Confidential normally implies private or secret. Resume? [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 my robot essay, a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged.
A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at term, trial. Essay? However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of term paper in physics law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on my robot, the merits of a claim or cause of action generally precludes reassertion of editing software that claim or cause of action in my robot essay, a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of paper action as the my robot essay, one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)
The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and essay for teachers, retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the my robot essay, Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in research paper outline, the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by my robot essay, far the largest voting block.
Thus, acquiescence in volcano paper outline, their increasingly bold ventures was virtually assured. Matters began to my robot essay tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the paper, brothers issued a directive limiting access to the books and essay, records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of resume review directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to my robot essay first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in contrast essay, the alternative that the court require Meddle to post $25,000 security for essay, costs as a precondition to continued maintenance of the suit.
3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and essays education important, purchased insurance to provide for essay, same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and editing software, powers of the corporation, but performed in my robot essay, an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the compare contrast point view essay, right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to my robot recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and research sector, statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. Essay? A shareholder may examine the stock book and compare contrast point view, minutes of my robot essay stockholder meetings on demand if 1) he has been a stockholder of record for at research sector, least six months immediately preceding the demand; or 2) he is a holder of essay 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is resume review brought; 2) the essay, plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the editing, plaintiff shows in his complaint that he has demanded that the my robot, board of directors commence the action, or that there are sufficient reasons for not making the essays why is education important, demand (e.g., the board members are the essay, defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for essays why is education, 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 essay, least 5 percent of any class of essay outstanding shares; or 2) the my robot, value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is paper in physics adjudged to have violated his fiduciary duty of my robot good faith and review, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the essay, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the research paper, question are like three questions, each to my robot essay be considered separately. [Note the enormous benefit here of skipping over why is education, the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the my robot essay, sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to paper on banking sector a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). My Robot Essay? Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going;
2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the essays why is education important, first, point to overriding premises. In that a court may dismiss all or part of my robot essay a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of why is education analysis.] 1) Lack of my robot essay standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to why is education important relevant portions of corporations toolbox.] The law [Noted in toolbox only.
Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for my robot, a Step Three analysis seems needlessly duplicative of the analysis to be performed in paper, writing the actual response. Essay? Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically.
Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in term paper, her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to my robot 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 resume blast, stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of essay five percent of any class of outstanding shares. Essay Editing? M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of my robot essay shares. However, she has been a stockholder of record since the initial offering, over research paper sector, two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the essay, corporation, but performed in an unauthorized manner or without authority may properly be challenged by compare contrast essay, shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought.
Failure to first make a demand on the board. Another requirement for maintaining a derivative action is my robot essay 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 outline, defendants). The Bottomline brothers are named in M's suit and hold a majority of my robot essay seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of paper RIPCORP's challenges lack merit. Corporations, in order to minimize the my robot essay, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to compare contrast point view essay post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. My Robot Essay? M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at term paper in physics, the time of the my robot, suit would have been 1/10th of paper sector one percent of my robot forty million dollars, or approximately $40,000. Research Paper On Banking Sector? 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 my robot, $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 a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about essays important whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by essay, the directors of blast their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in essay, the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on essays, behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the essay, rest, residue, and resume blast, remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the my robot, rest, residue, and remainder of research paper on banking my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and my robot, 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 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 1999, T was drunk out of contrast his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the my robot essay, papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to in physics T's execution of the 1994 will. Discuss the rights of the essay, various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption €” Occurs when a specific legacy (defined below) is volcano research paper 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 my robot, legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). Paper On Banking Sector? By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of 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. Revocation €” As a general rule, a subsequent will that is my robot entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to resume have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature.
It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the my robot essay, nature and extent of his property, and recognizes the contrast essay, natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate. My Robot Essay? Each will be in opposition to anyone or anything that would prevent him from taking from T's estate.
Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the volcano paper, state, or the estate) that stands between him and taking from essay T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in compare contrast point essay, my wills toolbox will come into play. However, it would be inefficient and confusing to essay try to sort them out at this point.
Better to focus on contrast, one conflict at a time in the writing phase. Possibly there will be overlap of my robot essay premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of why is education a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. My Robot Essay? Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to term paper 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 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 my robot 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 education important the contrary, the fact that T in executing the my robot essay, codicil accurately recited the nature and extent of his property and essay editing, recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by essay, 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 essay editing software for teachers, 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing.
Z takes the rest, residue, and my robot essay, remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is in physics not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. My Robot? The racehorse, Swayback, appears to volcano outline be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is my robot of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the term, testator ordinarily lapses. My Robot? 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 essays why is important, legacy in my robot, equal proportions per stirpes . Compare Point Essay? Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the my robot, now republished 1994 will. A witness to essays why is a will may take under that will, providing said will can be proved in my robot, probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to essays important take under said will. S was one of my robot essay several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to essay for teachers take under the my robot, 1994 will per stirpes, even were he one of only two witnesses to the will.
The rationale for not allowing a witness necessary to probate to take under the volcano research, will being probated is presumably the conflict of essay 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. Compare Contrast View? Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to my robot witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star.
I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Blast Review? 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 my robot 2009E (evening division). The exam was given jointly to two first year classes by their professors.
Richard ordered the audio CD version of LEEWS. Compare Point Essay? 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 my robot, two A+ grades. His accompanying remarks are reprinted in the Results section. Essays Why Is? Inter alia (among other things), he said, LEEWS was absolutely essential to 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 essay paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. Term Paper? A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to my robot a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at why is education, the end.
LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and my robot essay, conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43]
Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. Contrast Point? You are responsible for my robot, following them to the letter and will be assessed a point penalty or given a failing grade for failure to compare contrast point essay follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of essay 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 point view incomplete, you should advise the instructor immediately. It is your responsibility to my robot essay ensure that you are working with a complete examination. The exam is editing closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument.
You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on my robot, the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on term paper in physics, each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is my robot relevant to a problem, you may identify it by essay for teachers, number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on my robot essay, only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for blast, Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in.
You must write your identification number on this exam booklet at the top of the first page and return the my robot, booklet in order that your exam answer sheet may be matched with the in physics, correct version of the essay, answers. Why Is? Do not write your name on essay, anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. Volcano Paper Outline? 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 my robot essay, each of the term, traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by essay, 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 resume blast review goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in essay, this State; (e) contracting to insure any person, property, or risk located within this State at the time of compare view contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to essay the defendant's home address, or principal place of business, wherever located.
The problems in Part I are worth a total of 45 points. Research On Banking? They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to my robot the following memorandum from editing software one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and my robot, Isolde are partners in a furniture repair business. Education Important? Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to my robot the shop in Swabia.
Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to term in physics see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from essay First Commercial. Volcano Research Paper Outline? By telephone, they requested the my robot essay, bank send them the essays why is education, paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of my robot essay Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on why is education important, the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for my robot essay, $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against term paper in physics her for essay, $100,000. Essay Software? On December 1, 2006, First Commercial sought to my robot register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. Volcano Research? First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to essay Isolde by one of her customers there. [Question/instruction] We represent Isolde.
Please submit a memo to editing for teachers me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and essay, Bavaria. Be sure to compare essay discuss fully any possible defenses that you may have considered and rejected and my robot, explain fully why you have rejected them. B. The next day, you receive the following memorandum from the resume, same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. My Robot Essay? Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail.
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 resume blast review me that the judgment of the federal district court in my robot essay, Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and essays why is important, whether the service on Isolde in my robot essay, the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in blast, brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). My Robot? (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to essay editing for teachers assist the my robot essay, professor in recognizing the compare point essay, topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and my robot essay, as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to term know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the my robot essay, time at which jurisdiction must either exist or not. At most, one can deduce that the resume, suit was brought as early as November 2003 or as late as April 2005.
Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on essay, her own. If Isolde is found to compare contrast view be a domiciliary of Prussia, then there is not diversity of essay citizenship and thus no subject matter jurisdiction. However, if Isolde is paper found to have relocated to Swabia with the my robot essay, intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in resume blast review, the plaintiff€™s complaint arises under the my robot essay, Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the review, 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 my robot, that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to review discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of my robot essay state defendant only if the state court could do so. Software For Teachers? Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in my robot essay, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Paper On Banking? Even though the contract included a choice-of-law provision applying the my robot, laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of 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 volcano research paper this type may be attributable to sloppy reading of the facts but they are also a strong indication of my robot a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the paper sector, State.€ť The claim for relief, the $100,000 breach of essay contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to research paper sector hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in my robot essay, Burger King, Tristan was acting on behalf of the term paper, partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank.
You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. My Robot? Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of 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 compare contrast point essay, long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is my robot implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial.
Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in term paper in physics, Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in my robot essay, the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in term, Prussia, it does not seem unfair to require Isolde to travel to my robot 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 a defense of research lack of essay personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in research paper on banking, the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on my robot, Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the volcano research, problems following that opinion in the casebook.]
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academic essay style The Academic Essay. The academic essay is merely a specific writing genre#150;as is the my robot essay, love letter, newspaper editorial, or pop-fiction. As a genre, it functions within a set of norms, rules, and research paper on banking sector conventions. The purpose of this discussion is to make clear to you what those rules and norms are, and my robot essay how to use them to express your argument clearly. The purpose of the academic essay is to persuade by reasoned discourse. Software For Teachers! Scholars use the essay, essay amongst themselves to research outline, advance ideas.
Its value as an instructional tool is to assist students in developing their critical thinking skills. As you recall, critical thinking is defined as: the ability to read theory accurately, appropriate it meaningfully, apply it independently, generate results based on essay that application, analyze the results, and essay editing software form a clear argument based on those results that can be defended with a specific line of essay reasoning. A good academic essay engenders this process and clearly demonstrates that the process has been performed successfully. With this in mind let's examine how to education important, write an academic essay. Essay! Do you frequently find yourself struggling with the research paper on banking, introduction to your essays?
Do you not know how to begin the essay? Do you find yourself searching for a generalizing statement that will get things going, and trying to find a delicate balance between BS'ing and saying something meaningful? If so, that's because you are not following the norms for the introduction to the academic essay. Following this norm actually makes introductions a piece of cake and gets you right into the body of the essay. My Robot! Here is the resume review, norm: The purpose of the introduction is two-fold: 1. To introduce the theoretical framework that will guide your analysis. 2. To introduce the thesis statement that will organize your paper. Following this norm allows you to my robot essay, cut to the chase.
No more generalizing statements of philosophical speculation that you venture forth hoping that it won't get shot down. You know, crap like Hemingway was perhaps one of the most visionary authors of his time. or The Western is perhaps the most uniquely American of all the genres. Rather, if the purpose of the essay is to demonstrate that you have appropriated a theory and applied it independently to produce results, then the function of the introduction becomes more focused: to introduce the term in physics, theory#150;or theoretical framework#150;that you have decided to use. Hence you will find that many essays begin with such statements as In his book. Or, In her essay. IMPORTANT NOTE: One of the main reasons that the norm of the Introduction developed this way is because of an important rule of the Academic Essay: Avoid making statements that you cannot prove. The problem with the generalizing/philosophical/BS'ing statements like Hemingway. and The Western. is that they cannot be proven through reasoned discourse. Moreover, to even try and do so would require voluminous amounts of my robot discourse for something that is not even your thesis: what you actually ARE setting out to prove.
As a result, the genre of the Academic Essay has evolved into the above norm. It still meets an introduction's purpose of orienting the reader, it just does so in a very specific manner. Having accomplished that, the expectation for an essay is that you will introduce a thesis statement that is directly related to that theoretical framework (or its application). As a result, a major convention of the academic essay is that: The introduction ends with the thesis statement. Having stated a thesis, you are expected to editing software for teachers, then go and prove it through the my robot, body of the essay. That said, it is compare contrast view important to discuss what's at stake in making a thesis statement. There are four basic logical forms for a thesis statement: #149; A banal thesis statement. #149; A simple thesis statement. My Robot! #149; A complex thesis statement. #149; An impossible thesis statement. Let's discuss each of these quickly before moving on. A banal thesis statement is a statement that does not really say anything#150;it is in fact meaningless because it is essays why is education either so overly general or so evident as to not be of significance. Here's an example from literature.
A frequent argument students will make is This author used symbolism to essay, make his point. The statement, however, is meaningless precisely because it is not of significance: every author writing literature uses symbolism of one kind or another, either using language metaphorically or metonymically. Thus, to attempt to volcano paper outline, single out or make a distinction of a piece for using symbolism is to not say anything that even needs proving to begin with. A simple thesis statement is essay not quite what it may sound like. A simple thesis statement means that only one main point or argument is going to be proved. The term simple argument can thus be misleading because the argument itself can and frequently is essays important very theoretically sophisticated.
What makes them simple is that in terms of my robot their logical structure, they only take on one line of proof, and hence, their organization of proof will be simple. One has to be careful, however, because sometimes one main argument may require SEVERAL supporting arguments. The example here would be the argument that Star Wars belongs within the Western Genre. Here the paper sector, writer has only one thing to prove, but in order to do so will have to establish the elements that comprise the Western Genre and demonstrate how the film embodies them--not a small task. Simple thesis statements are eminently preferable in essay, terms of writing an essay for a course. It allows you to focus on your points and your proofs rather than getting lost in the organization of your arguments. A complex thesis statement means that the thesis has more than one point to prove. In this respect, the essay will have to organize more than one line of reasoning in so far that more than one thing has to be proven.
Complex theses are not necessarily more theoretically sophisticated than simple thesis statements, they are only more difficult to organize clearly. In this respect, they are not worth what they entail and should be avoided. An example of a complex thesis statement would be something like: Faulkner's novels critique the ideologies of paper outline patriarchy and my robot racism. This would be an appropriate analysis for the work of why is education important Faulkner, but I'm not sure it would be worth it. To begin with, it is not clear what the writer has to gain in terms of proving BOTH of these aspects of the work rather than just the one. Instead, with this complex thesis, there are going to be long sections of the essay where half of what needs to be proved will be left suspended while the other half gets discussed. In addition, the my robot essay, thesis picks the work of resume blast Faulkner which necessitates discussing every book, rather than just one. Thus it is that an important convention of the academic essay is that: A complex thesis statement can usually be restructured into a more theoretically sophisticated (if not interesting) simple thesis statement. Making an Argument.
As stated earlier, the essay, academic essay is an exercise in reasoned persuasion. Compare Point Essay! In this respect, the thesis statement is an important organizational structure insofar as it establishes how the rest of the essay will be organized. Classical logic maintains that there are 3 basic kinds of persuasive statements: statements of fact, statements of value (or evaluation), and statements of policy (or action, which argue what we should do). Unless otherwise specified, the first of these, the my robot, statement of fact, is the form that the in physics, thesis statement for an academic essay should take#150;the obvious exception being when you write evaluative criticism (which you will NEVER do in my course). Statements of fact can themselves be grouped into two basic forms: arguments of classification, and arguments of operation or function. It is possible to make other distinctions, like for example, arguments of relationship (how to things relate to each other) but these distinctions can be readily subsumed into these two basic groups.
Arguments of classification are when you establish some sort of criteria, and then argue that something meets or fails to meet that criteria. The earlier example that Star Wars belongs within the my robot, Western Genre is an example of an argument of research paper on banking sector classification. Having established what comprises the Western Genre, the writer will then go on to prove how Star Wars embodies, contains, or possesses those elements. The writer will, in other words, prove that Star Wars meets that criteria. Arguments of operation or function argues in terms of what something does, or how it functions. The earlier argument that Faulkner's work critiques the ideology of patriarchy is an example of function. This statement argues that Faulkner's work DOES something: it criticizes the ideology of patriarchy. Note that unlike the argument of classification, the writer of this essay SEEMS to my robot, have to do more to prove their thesis. Point Essay! They will not only my robot essay have to define what the ideology of patriarchy is#150;and thus establish criteria#150;they will also have to demonstrate that Faulkner's work DOES something with that criteria.
The question of HOW leads to a discussion of the body of the essay. The Body of the Essay. From a conceptual standpoint, the function of the body of the essay is to prove the thesis statement laid out in the introduction. Easy enough. This section discusses how the editing, writer accomplishes that proof. In the discussion of types of argument, I made the point that the writer will have to establish criteria that can be used to essay, prove their argument.
The body of the essay is the location where the paper on banking, writer accomplishes that. An introduction is my robot precisely that: It INTRODUCES the theoretical framework and the thesis statement. It does not DESCRIBE or DISCUSS these two things. This is a fairly common mistake that beginning essay writers make. They fear that they have not said enough in the intro and as a result, go on to discuss aspects of their theory or elaborate on a thesis. Essays Why Is Education! The problem with doing so is that it screws up your organization. What comes next is no longer clear to the reader. If you keep it clear to yourself that the purpose of the introduction to your essay is to only INTRODUCE your theoretical framework, and your thesis statement, then the function of the body of your essay will also become evident to the reader. They will expect you to establish criteria so that you can prove your thesis. As a result, another important norm of the academic essay is: A primary function of the body of the essay is to my robot essay, establish the on banking sector, criteria by which the thesis statement will be proven. Thus it is my robot essay that having argued that Star Wars is a Western, the body of the paper is going to have to first establish the elements that comprise the Western#150;it will have to establish the criteria by which the thesis can be proven.
To argue that Faulkner's work criticizes thee ideology of essay editing for teachers patriarchy is going to require that the my robot essay, writer establish what the ideology of patriarchy is. Establishing the criteria by which the thesis statement will be proven leads to the next logical step: demonstrating how the compare contrast point view essay, object under investigation meets those criteria. Clearly it is not enough for the Faulkner essayist to just define what the ideology of patriarchy is. Their thesis is essay that Faulkner's work criticizes that ideology. As a result, they will have to resume review, point to specific things within the text and argue that they relate to those criteria IN A SPECIFIC WAY#150;in this case through a process of criticism. This process of relating the object of essay investigation back to the established criteria is another fundamental component of the contrast view, body of the essay. Without it, the proof is not complete. Essay! As silly as that sounds, I kid you not that the most frequent mistake of beginning essay writers is a failure to relate their analysis back to the criteria they have established. Thus it is essay editing for teachers that another important norm for the academic essay is: Relate the analysis back to my robot, the terms and concepts of the compare essay, established criteria.
The Star Wars example brings up another fundamental logical task to this process. My Robot! From the beginning you have probably thought the Star Wars thesis to not be very feasible. The film is not set in the West, and compare point view essay it occurs in my robot, the future. The question becomes, however, whether these are ESSENTIAL criteria to the Western, and volcano research outline if not, what is? In terms of proving that thesis statement, the writer is going to my robot essay, have to clearly establish what the elements of the Western Genre are, and then relate aspects of the film back to on banking, ALL of those criteria. My Robot Essay! Herein lies the essential importance of completeness to that process. If the Star Wars writer establishes the criteria but can only essays education important point to the gun-fighting that occurs in the film, then their essay will fail to persuade.
Their essay will fail to essay, persuade precisely because it inadequately addresses the scope of the criteria. Thus it is that another important norm for this process is: Fully address the established criteria. It is very important to note that fully addressing the scope of the criteria does NOT mean that the object under discussion has to fully meet ALL the criteria. To stick with the Star Wars example, the writer can not IGNORE the issue of setting and even remotely hope to persuade the audience. In some way, the writer is going to have to address the fact that both time and place are out of the bounds of the Western. This is the point precisely. Resume Blast! The author will have to my robot essay, ADDRESS that point#150;those criteria#150;not necessarily MEET those criteria. In this respect, the writer is going to contrast, have make a supporting argument about how these criteria relate to each other in terms of comprising the genre (or in a logical sense the whole). The important point is that all criteria are addressed adequately.
Failure to my robot, address any of the established criteria creates a gap in logic. Subsequently, the reasoning process (and its ability to persuade) fails. Compare Contrast Essay! Fully relating the object of the thesis to the established criteria fulfills the logical requirements necessary to essay, persuade reasonably and allows the writer to research on banking, draw conclusions. Before that process is discussed, however, it is necessary to examine an important component of essay this relating back process. The Role of Description.
Relating the object of investigation or the object of the thesis back to paper in physics, the established criteria is necessarily going to involve description. Description is frequently an essay unclear and thorny issue for writers of the academic essay#150;especially in terms of scope (how much is enough?). The purpose of description, however, clarifies the issue of scope. The purpose of description to is to make clear, or establish WHAT in the object of investigation (the film, the scene, the shot) relates to the criteria being used. It therefore becomes important for the writer to use description in such a manner as to establish the basis of the relationship between the object and the criteria. Furthermore, the essay editing, writer should LIMIT description to my robot, accomplishing only this task. Essays Education! Added description is not only superfluous, but distracts from trying to my robot essay, prove your argument.
As a result, another important norm for the body of the academic essay is: Subordinate description to the purpose of analysis. Research Paper On Banking! As stated above the process of fully relating the object of the thesis to the established criteria has the effect of fulfilling the logical requirements. It is THAT task which ultimately persuades, not the conclusion itself. It is for this reason that, in some respects, the conclusion does not seem to have a FUNDAMENTAL role in my robot essay, the process of reasoned persuasion. Research Sector! That in itself probably accounts for how many dopey tips exist for what to do with a conclusion, like: repeat the thesis statement (like people have forgotten it despite the essay, fact that you've been working to prove it the entire time) or some other such thing. What to do with a conclusion if the resume blast review, work of proof is already done? The most effective thing to do with a conclusion is to first signal that the work is coming to close, and then close off the my robot, discussion itself by stating something definitive about the work.
Like the introduction, then, the conclusion has a dual role: to signal the transition to closure, and to close the discussion with a definitive statement. Resume Blast! The work of the conclusion should reference the thesis, without necessarily repeating the thesis (or the steps by which it was proven) It should then say something definitive that signals closure by pointing to the implications of what you've discussed, by amplifying what you've discussed, or by contextualizing what you've discussed. In each case, you are striving to close discussion by my robot essay, being definitive, and you are taking caution not to violate rule #1 of the academic essay: avoid statements that you cannot prove. To stay with the running examples, the conclusion to point view essay, the Faulkner paper could look something like this: . Essay! it therefore serves as an example of contrast point view essay how literary texts structure their criticisms of dominant ideologies. (pointing to the implications of proving your argument). Thus, far from being a portrait of its time Faulkner's work demonstrates that literary works actively engage ideologies. (amplifying your argument) Rather than a story centered exclusively on my robot war, Hemingway's novel instead participates in the reinforcement of dominant ideologies with American culture. Paper Outline! (Contextualizing the argument) Note that the similarity here is how definitive these statements are.
They draw upon my robot essay the work that has been done, but say something different and final that is logically based upon what has been discussed. There are, of course, variations on the genre of the academic essay--some rather large difference exist, for example, between the social sciences and the humanites. This discussion is based on the humanties approach. Other variations can result from the research on banking, idiosyncracies of specific instructors. To the degree that what is written here sounds heavy handed and inflexible, I caution instead that such tone is trying to reflect the manner in which your own analysis and writing will need to my robot essay, sound precise and rigorous#150;the standards by which the academic essay is evaluated. The precision and rigor with which these norms and conventions are applied should function only to demand that your own analysis and reason engender these standards. They are thus meant to elevate your thinking, not control it. The principles by which the academic essay structures itself is designed to be a discipline that frees your thinking, not subjugate it. Within its conventions is unlimited creative potential whose only paper demand, ultimately, is that you say something meaningful that others can be persuaded of via your logic. What I have attempted to do here is make the norms and conventions of the genre explicit so that you can refine your skills working within it.
Mastering this genre has the benefit of developing your skill to analyze situations using explicit criteria, and essay be able to make decisions based on that analysis. Resume Blast! More than a few people have found that possession of such a skill is my robot invaluable in life and professional endeavors.
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chapters in a thesis NOTES FOR CANDIDATES AND THEIR SUPERVISORS. How should PhD candidates and their supervisors present the essay thesis? This problem is term paper in physics, clearly important for PhD candidates. Many universities provide little guidance to candidates, prompting the criticism that, at my robot one university, `the conditions for review the award of degrees in my robot the Graduate Study section of the volcano research paper outline calendar give more precise information on the size of the paper to be used and the margins to be left on each side of the sheet than on the university's understanding of what a thesis is' (Massingham 1984, p. 15). By using the structure developed below, a candidate will ensure his or her PhD thesis demonstrates the key requirements of a PhD thesis (Moses 1985): a distinct contribution to essay, a body of knowledge through an original investigation or testing of ideas, worthy in part of resume blast, publication (see chapter 5 described below) -this is usually the most important criterion for a PhD; competence in research processes, including an understanding of, and my robot competence in, appropriate research techniques and an ability to report research (see chapters 3 and 4, plus the whole report format); and mastery of a body of essays why is education important, knowledge , including an ability to make critical use of published work and my robot source materials (see chapter 2) with an appreciation of the relationship of the special theme to the wider field of knowledge (see chapters 2 and 5). The foundations for the structured approach were the writer's own doing, supervising, examining and research adjudicating conflicting examiners' reports of many master's and PhD theses in management and related fields at several Australian universities, and examining requests for transfer from master's to PhD research, together with comments from the people listed in my robot the acknowledgments section. The paper has two parts. Firstly, the five chapter structure is introduced, possible changes to it are justified and writing style is essays why is education, considered.
In the second part, each of the five chapters and their sections are described in some detail: introduction, literature review, methodology, analysis of data, and my robot essay findings and essay implications. Delimitations. The structured approach may be limited to PhDs in management areas such as marketing and strategic management which involve common quantitative and qualitative methodologies. That is, the structure may not be appropriate for PhDs in other areas or for management PhDs using relatively unusual methodologies such as historical research designs. Moreover, the structure is a starting point for thinking about how to present a thesis rather than the only structure which can be adopted, and essay so it is not meant to inhibit the creativity of PhD researchers.
Moreover, adding one or two chapters to the five presented here, can be justified as shown below. Another limitation of the approach is that it is essay editing software, restricted to presenting the my robot final thesis. Resume Blast Review. This paper does not address the techniques of actually writing a thesis (however, appendix I describes three little-known keys to writing a thesis). Moreover, the approach in this paper does not refer to the actual sequence of writing the thesis, nor is it meant to imply that the issues of each chapter have to be addressed by the candidate in my robot essay the order shown. For example, the hypotheses at the end of chapter 2 are meant to paper in physics, appear to my robot, be developed as the chapter progresses, but the candidate might have a good idea of what they will be before he or she starts to research sector, write the chapter. My Robot Essay. And although the research methodology of chapter 3 must appear to be been selected because it was appropriate for the research problem identified and carefully justified in chapter 1, the candidate may have actually selected a methodology very early in his or her candidature and then developed an appropriate research problem and justified it. Moreover, after a candidate has sketched out a draft table of contents for each chapter, he or she should begin writing the `easiest parts' of the thesis first as they go along, whatever those parts are - and usually introductions to chapters are the essay last to written (Phillips Pugh 1987, p. 61).
But bear in mind that the research problem, limitations and research gaps in the literature must be identified and contrast view written down before other parts of the thesis can be written, and section 1.1 is one of the last to be written. Nor is my robot essay, this structure meant to essay editing software, be the format for a PhD research proposal - one proposal format is provided in Parker and Davis (1979), and another related to the structure developed below is in appendix II. How to write an abstract of a thesis is my robot essay, described in appendix VI. Table 1 Sequence of a five chapter PhD thesis. Figure 1 Model of the why is chapters of a PhD thesis. In brief, the thesis should have a unified structure (Easterby-Smith et al. 1991).
Firstly, chapter 1 introduces the core research problem and then `sets the scene' and my robot essay outlines the software path which the examiner will travel towards the my robot essay thesis' conclusion. The research itself is described in chapters 2 to 5: the research problem and hypotheses arising from the body of knowledge developed during previous research (chapter 2), methods used in this research to collect data about the hypotheses (chapter 3), results of applying those methods in essay this research (chapter 4), and conclusions about the essay hypotheses and volcano research outline research problem based on the results of my robot essay, chapter 4, including their place in the body of knowledge outlined previously in chapter 2 (chapter 5). Research On Banking. This five chapter structure can be justified. Firstly, the structure is a unified and my robot essay focussed one, and so addresses the major fault of postgraduate theses in a survey of 139 examiners' reports, that is, it clearly addresses those examiners' difficulty in discerning what was the `thesis' of the thesis? `Supervisors need to emphasise throughout students' candidacies that they are striving in the thesis to volcano research, communicate one big idea' (Nightingale 1984, p. 174), and that one big idea is the my robot essay research problem stated on page 1 or 2 of the thesis and explicitly solved in chapter 5. Easterby-Smith et al. (1991) also emphasise the importance of consistency in a PhD thesis, and Phillips and Pugh (1987, p. 38) confirm that a thesis must have a thesis or a `position'. Secondly, the why is education structure carefully addresses each of the 31 requirements of an Australian PhD thesis outlined by an authority in a publication of the Higher Education Research and Development Society of my robot essay, Australia (Moses 1985, pp. 32-34). Thirdly, the structure is explicitly or implicitly followed by many writers of articles in compare contrast point view prestigious academic journals such as The Academy of Management Journal and Strategic Management Journal (for example, Datta et al. 1992).
Fourthly, the structure has been the basis of several PhD and masters theses at Australian universities that were completed in minimum time and passed by examiners with none or negligible revisions required. My Robot Essay. Fifthly, the structure is much like that which will be used by candidates later in their career, to apply for research grants (Krathwohl 1977; Poole 1993). Finally, by reducing time wasted on unnecessary tasks or on trying to demystify the PhD process, the five chapter structure provides a mechanism to compare view essay, shorten the time taken to complete a PhD, an essay, aim becoming desired in many countries (Cude 1989). Justified changes to essay editing software, the structure. Some changes to the five chapter structure could be justified.
For example, a candidate may find it convenient to expand the number of chapters to my robot essay, six or seven because of unusual characteristics of the analysis in his or her research; for example, a PhD might consist of two stages: some qualitative research reported in chapters 3 and 4 of the thesis described below, which is then followed by some quantitative research to refine the initial findings reported in chapters 5 and 6; the chapter 5 described below would then become chapter 7. In addition, PhD theses at universities that allow its length to rise from a minimum length of about 50 000 to 60 000 words (Phillips Pugh 1987), say, through a reasonable length of about 70 000 to 80 000 words, up to the upper limit 100 000 words specified by some established universities like the University of Queensland and Flinders University, may have extra chapters added to contain the extended reviews of bodies of knowledge in those huge theses. In brief, in some theses, the five chapters may become five sections with one or more chapters within each of them, but the principles of the structured approach should remain. That is, PhD research must remain an essay software for teachers, essentially creative exercise. Nevertheless, the five chapter structure provides a starting point for understanding what a PhD thesis should set out to achieve, and also provides a basis for communication between a candidate and his or her supervisor. As noted above, the five chapter structure is primarily designed for PhDs in my robot management or related fields using common methodologies.
Qualitative methodologies such as case studies and action research (Perry Zuber-Skerritt 1992; 1994) can fit into the structure, with details of how the case study or the action research project being presented in chapter 3 and case study details or the on banking sector detailed report of the action research project being placed in appendices. In theses using the relatively qualitative methodologies of case studies or action research, the analysis of data in chapter 4 becomes a categorisation of data in the form of essay, words, with information about software for teachers each research question collected together with some preliminary reflection about the essay information. That is, the thesis still has five chapters in total, with chapter 4 having preliminary analysis of data and chapter 5 containing all the review sections described below. Essay. Appendix III discusses in more detail the term paper difficult task of incorporating an action research project into a PhD thesis. Links between chapters. Each chapter described below should stand almost alone. Each chapter (except the first) should have an my robot essay, introductory section linking the chapter to the main idea of the previous chapter and outlining the aim and the organisation of the chapter. For example, the core ideas in an introduction to chapter 3 might be: Chapter 2 identified several research questions; chapter 3 describes the sector methodology used to provide data to my robot, investigate them. An introduction to the methodology was provided in section 1.4 of chapter 1; this chapter aims to build on that introduction and to provide assurance that appropriate procedures were followed. Essay Editing. The chapter is organised around four major topics: the study region, the sampling procedure, nominal group technique procedures, and data processing.
The introductory section of chapter 5 (that is, section 5.1) will be longer than those of other chapters, for it will summarise all earlier parts of the thesis prior to my robot essay, making conclusions about the review research described in those earlier parts; that is, section 5.1 will repeat the research problem and the research questions/hypotheses. My Robot. Each chapter should also have a concluding summary section which outlines major themes established in the chapter, without introducing new material. Research Paper On Banking Sector. As a rough rule of my robot essay, thumb, the term in physics five chapters have these respective percentages of the thesis' words: 5, 30, 15, 25 and my robot essay 25 percent. As well as the structure discussed above, examiners also assess matters of style (Hansford Maxwell 1993). Within each of the chapters of the thesis, the spelling, styles and formats of Style Manual (Australian Government Publishing Service 1988) and of the Macquarie Dictionary should be followed scrupulously, so that the candidate uses consistent styles from the first draft and throughout the thesis for on banking sector processes such as using bold type, underlining with italics, indenting quotations, single and double inverted commas, making references, spaces before and after side headings and lists, and gender conventions. Moreover, using the authoritative Style Manual provides a defensive shield against my robot essay an examiner who may criticise the thesis from the research sector viewpoint of his or her own idiosyncratic style. Some pages of Style Manual (Australian Government Publishing Service 1988) which are frequently used by PhD candidates are listed in appendix IV. In addition to usual style rules such as each paragraph having an early topic sentence, a PhD thesis has some style rules of its own. For example, chapter 1 is usually written in the present tense with references to literature in the past tense; the my robot rest of the essay editing software for teachers thesis is written in the past tense as it concerns the research after it has been done, except for the findings in chapter 5 which are presented in the present tense. More precisely for chapters 2 and my robot 3, schools of thought and procedural steps are written of in the present tense and published researchers and the candidate's own actions are written of in the past tense.
For example: 'The eclectic school has [present] several strands. Smith (1990) reported [past] that. ' and `The first step in content analysis is [present] to decide on categories. The researcher selected [past] ten documents. ' In addition, value judgements and words should not be used in the objective pursuit of truth that a thesis reports. For example, `it is unfortunate', `it is interesting', `it is believed', and `it is welcome' are inappropriate. Although first person words such as `I' and `my' are now acceptable in essay editing for teachers a PhD thesis (especially in my robot chapter 3 of a thesis within the interpretive paradigm), their use should be controlled - the candidate is a mere private in an army pursuing truth and so should not overrate his or her importance until the PhD has been finally awarded. In other words, the candidate should always justify any decisions where his or her judgement was required (such as the number and type of term in physics, industries surveyed and the number of points on a likert scale), acknowledging the strengths and weaknesses of the options considered and always relying upon as many references as possible to essay, support the decision made. That is, authorities should be used to volcano paper outline, back up any claim of the researcher, if possible. If the examiner wanted to read opinions, he or she could read letters to the editor of a newspaper. Moreover, few if any authorities in the field should be called `wrong', at the worst they might be called `misleading'; after all, one of these authorities might be an examiner and have spent a decade or more developing his or her positions and essay so frontal attacks on those positions are likely to be easily repulsed. Indeed, the candidate should try to in physics, agree with the supervisor on a panel of likely people from which the university will select the my robot thesis examiner so that only appropriate people are chosen.
After all, a greengrocer should not examine meat products and an academic with a strong positivist background is unlikely to editing, be an appropriate examiner of a qualitative thesis, for example (Easterby-Smith et al. 1991), or an my robot essay, examiner that will require three research methods is not chosen for a straightforward thesis with one. That is, do not get involved in on banking the cross fire of `religious wars' of my robot essay, some disciplines. Moreover, this early and open consideration of examiners allows the candidate to think about how his or her ideas will be perceived by likely individual examiners and so express the ideas in a satisfactory way, for example, explain a line of argument more fully or justify a position more completely. Resume. That is, the candidate must always be trying to communicate with the examiners in an easily-followed way. This easily-followed communication can be achieved by using several principles. Firstly, have sections and sub-sections starting as often as very second or third page, each with a descriptive heading in bold. Secondly, start each section or sub-section with a phrase or sentence linking it with what has gone before, for example, a sentence might start with `Given the situation described in section 2.3.4' or `Turning from international issues to domestic concerns. ' Thirdly, briefly describe the argument or point to be made in my robot essay the section at its beginning, for example, `Seven deficiencies in models in the literature will be identified'. In Physics. Fourthly, make each step in the argument easy to identify with a key term in italics or the judicious use of `firstly', `secondly', or `moreover', `in addition', `in contrast' and my robot so on.
Finally, end each section with a summary, to establish what it has achieved; this summary sentence or paragraph could be flagged by usually beginning it with `In conclusion. ' or `In brief. ' In brief, following these five principles will make arguments easy to follow and education important so guide the examiner towards agreeing with a candidate's views. Another PhD style rule is that the word `etc' is my robot, too imprecise to be used in a thesis. Furthermore, words such as `this', `these', `those' and `it' should not be left dangling - they should always refer to an object; for resume example, `This rule should be followed' is preferred to `This should be followed'. Some supervisors also suggest that brackets should rarely be used in a PhD thesis - if a comment is important enough to help answer the thesis' research problem, then it should be added in my robot a straightforward way and not be hidden within brackets as a minor concern to distract the examiner away from the blast research problem. As well, definite and indefinite articles should be avoided where possible, especially in headings; for example, `Supervision of doctoral candidates' is more taut and less presumptuous than `The supervision of doctoral candidates'. Paragraphs should be short; as a rule of thumb, three to four paragraphs should start on each page if my preferred line spacing of 1.5 and Times Roman 12 point font is used to my robot essay, provide adequate structure and complexity of thought on each page. (A line spacing of 2 and more paragraphs per page make a thesis appear disjointed and `flaky', and a sanserif font is not easy to read.) A final note of style is that margins should be those nominated by the university or those in paper Style Manual (Australian Government Publishing Service 1988). The above comments about structure and style correctly imply that a PhD thesis with its readership of three examiners is different from a book which has a very wide readership (Derricourt 1992), and from shorter conference papers and journal articles which do not require the burden of proof and references to broader bodies of knowledge required in PhD theses. Candidates should be aware of these differences and could therefore consider concentrating on completing the thesis before adapting parts of it for other purposes. However, it must be admitted that presenting a paper at a conference in a candidature may lead to useful contacts with the `invisible college' (Rogers 1983, p. 57) of my robot essay, researchers in a field, and some candidates have found referees' comments on articles submitted for publication in journals during their candidacy, have improved the quality of their thesis' analysis (and publication has helped them get a job).
Nevertheless, several supervisors suggest that it is preferable to concentrate on the special requirements of the thesis and adapt it for publication after the PhD has been awarded or while the contrast candidate has temporary thesis `writer's block'. The thesis will have to go through many drafts (Zuber-Skerritt Knight 1986). The first draft will be started early in the candidature, be crafted after initial mindmapping and a tentative table of contents of a chapter and a section, through the `right', creative side of the essay brain and will emphasise basic ideas without much concern for detail or precise language. Supervisors and in physics other candidates should be involved in my robot essay the review of research on banking sector, these drafts because research has shown that good researchers ` require the essay collaboration of contrast point, others to make their projects work, to get them to completion' (Frost Stablein 1992, p. 253), and that social isolation is the my robot main reason for withdrawing from review postgraduate study (Phillips Conrad 1992). By the way, research has also shown that relying on just one supervisor can be dangerous (Conrad, Perry Zuber-Skerritt 1992; Phillips Conrad 1992).
Facilitating the creative first drafts of sections, the my robot essay relatively visible and structured `process' of this paper's structure allows the candidate to research paper sector, be more creative and rigorous with the `content' of the thesis than he or she would otherwise be. After the first rough drafts, later drafts will be increasingly crafted through the `left', analytical side of the brain and emphasise fine tuning of arguments, justification of my robot essay, positions and further evidence gathering from other research literature.