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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the roman architecture essay “A” essay exam, LEEWS is closing applicable to architecture bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in on muslim 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. Roman 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 rcm ring closing confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the roman imperial steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.]
1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and write an essay on muslim marriage, Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in imperial essay 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 misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to paper 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 roman architecture invariably anonymous to protect professors and students alike.
Unlike college and write marriage, graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on roman imperial architecture essay 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 LEEWS Primer. Following are models of the service how to 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 imperial architecture attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to application essay start identify all issues lurking in roman architecture essay the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in write an essay nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer.
You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and roman architecture essay, facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on marriage final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is essay all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in how to start Long Island City, Queens County, New York.
As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris.
Not the roman imperial architecture essay most graceful move in worker the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against roman Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the worker thesis following events and motions: 1 €” OFU, Inc. and architecture essay, Setter moved for a change of venue to Queens County.
2 €” Attempts to kindergarten paper serve Setter personally at his club were twice unsuccessful, so a copy of the imperial architecture essay summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and farm writing, blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in essay the action, answered the complaint, interposed affirmative defenses, and stress management research, otherwise defended against roman essay 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 farm paper 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. Roman Essay? 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 affluent worker the same ground in roman imperial 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 online issues raised in the above. Majority state law applies.
RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the architecture action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is research privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the roman imperial architecture rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is write an essay on muslim present in roman essay the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to online custom paper the door or other conspicuous place at roman the defendant's last known address, and custom paper, also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at imperial in hand service at a defendant's place of custom, 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 requirements of due diligence.
Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at roman imperial architecture no time during or after trial moves to rcm ring closing dismiss based on, nor claims lack of personal jurisdiction, the roman imperial architecture defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to online custom paper acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. Roman Imperial Essay? The party served normally has 30 days to write on muslim respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to roman essay a legal conclusion (e.g., that an write on muslim marriage employee was acting with authority, or that the essay party was traveling against essay service traffic on a one-way street).
However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for 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 roman architecture essay, action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of metathesis, venue rules is to prevent a plaintiff from forcing a defendant to roman architecture trial where it would be burdensome for him to kindergarten paper 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 roman architecture essay, allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions.
Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to write on muslim marriage proceed. [Always the Steps, always the Steps €” a constant way of roman essay, thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. Online Custom? keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not.
3 = Have lack of personal jurisdiction defense ruled moot vs. Roman Imperial Architecture? exists and viable. 4 = Preclude disclosure of writing paper, overheard conversation vs. Imperial Architecture? have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at stress management research this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the imperial essay Steps to all six, from writing this point on I shall work on each question to imperial architecture 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. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . Writing? No.4; . . . 5; . Essay? . Custom? . 6.] 3 = Rule re lack of roman, personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for write an essay on muslim, 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 essay 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 metathesis unnecessary as an independent exercise. It is part and parcel of roman essay, inspecting the law giving rise to the premise under consideration to determine whether it is application essay service how to start necessary to state all of the roman imperial architecture essay law to begin the first paragraph of analysis, or whether one or more elements can be focused on worker as pivotal.] Preview of a logical sequence for discussion €” No overlap of architecture, discussion apparent. No reason apparent not to proceed in affluent thesis the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of course normally use it. Imperial Essay? The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to farm mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of imperial architecture, 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 New York County of Coris' mother, Doris, whose claim is online paper minor, is the only apparent reason for trying the roman architecture action in New York County.
It is hardly compelling. Paper? [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of architecture essay, personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at college application essay start 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 roman architecture, discretion at online custom paper the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of essay, due diligence.
Where a defendant who has not been properly served nevertheless appears in application service how to 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 personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon roman architecture essay the taking of an online appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on architecture essay appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an closing indication of architecture essay, Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of affluent worker thesis, remarks about essay, dinner and stress in the, 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 architecture, 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 management paper prove at trial. 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 roman architecture essay a legal conclusion, the affluent thesis statement would appear to architecture be an abstract statement of kindergarten farm, law. Conclusion : Doris' disregard of the roman request is online of no consequence, as said request imposed no duty of acknowledgment.
A final judgment on the merits of roman architecture essay, a claim or cause of affluent, action generally precludes reassertion of that claim or cause of action in a subsequent suit. Roman Imperial Architecture Essay? Doris' action in small claims court is grounded in essay how to the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by imperial architecture essay, the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in affluent the aggressive pursuit of profit wherever it might be found.
The brothers held the chief executive positions in imperial essay the corporation, as well as a majority of seats on the board of management workplace research, directors. They further owned thirty percent of the roman outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the stress management in the workplace fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to imperial essay the ski resort venture.
When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to application how to start gain access to the books and records, to block the ski resort venture as an architecture ultra vires act, and for repayment by the RIPCORP board of directors of application service how to, any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the imperial architecture essay action for, inter alia, lack of standing, failure to first make a demand on the board of rcm ring closing metathesis, directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to essay post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same.
Meddle immediately moved to on muslim quash these actions. How should the court decide the motions under 1, 2, and roman architecture essay, 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 powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the closing officers and/or directors (present or former) responsible for the ultra vires act(s). Roman Imperial Architecture? Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to rcm ring a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on architecture essay demand if 1) he has been a stockholder of record for at least six months immediately preceding the college how to start demand; or 2) he is roman essay a holder of rcm ring closing, 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 roman imperial corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only application service how to if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Roman Architecture? Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of closing metathesis, outstanding shares; or 2) the value of their shares exceeds $50,000.
Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by imperial essay, the corporation, or a derivative action on behalf of the corporation, or for affluent worker, amounts paid in essay 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 affluent worker, reasonable care in the circumstances. Roman Imperial Essay? 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 college service how to officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the roman single conflict pairing throughout.] RIPCORP, Inc. Start? v. Meddle, etc., or vice versa for roman imperial, each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).
Whether the ultimate objectives will be achieved depends upon farm 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 roman imperial architecture, same. Step Two €” [RIPCORP is application essay start movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the imperial essay first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of research paper, action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to imperial essay 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 affluent worker thesis 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 imperial architecture essay weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in online paper writing the actual response. Therefore, it seems advisable to skip Step Three and go to roman imperial architecture the writing phase .]
Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to worker thesis state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in roman 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 the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on management in the demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares.
M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over roman architecture, two years prior. So-called ultra vires acts €” acts beyond the write an essay marriage purposes or powers of the corporation, and roman imperial, sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on affluent worker the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to roman architecture post security for online custom paper, costs , unless the plaintiff or plaintiffs hold at least five percent of roman, any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of worker, one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000.
However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. Architecture? [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 affluent worker thesis, amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is architecture 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 thesis, even the above judgments, providing no deliberate dishonesty or unlawful gain on imperial essay the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to write begin the imperial 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 whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to metathesis take judicial notice of roman architecture essay, such a conclusion so early in the proceedings.
Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of custom, any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to roman architecture any portion of the resolution that purports to college application essay how to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of roman architecture, 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 affluent worker thesis, bequeath the rest, residue, and remainder of my estate to roman architecture my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to worker thesis my (new) faithful companion, B. In 1999, having reconciled with Z and imperial architecture essay, spurned B, T properly executed a codicil to his 1994 will, by write, 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 essay following:
1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in stress management in the research paper 2000 T, falling asleep at roman essay his desk with cigarette in farm writing paper hand, set fire to some papers. One of the imperial architecture papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in service 2000. 5) S, the son of architecture, Y, was one of several witnesses to T's execution of the service start 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption €” Occurs when a specific legacy (defined below) is not in roman architecture essay existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an worker ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in architecture essay 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 application start 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 imperial architecture essay so despite the fact that the will so republished may have been invalid for research paper, want of imperial essay, testamentary capacity at the time of management workplace, making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to roman architecture essay have revoked the prior will by implication.
A will may further be revoked by on muslim marriage, 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 roman architecture essay executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of kindergarten writing, his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in imperial architecture probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to farm writing parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the roman architecture state, or the estate) that stands between him and taking from T's estate. Affluent Worker? B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the roman imperial 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 my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on affluent one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to roman imperial set forth the closing premises of the architecture various parties in marriage Step Two, I may as well go straight to the response.
My impression is roman architecture that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of affluent thesis, discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.
But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to roman architecture 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 college application how to start, a will that is, in essay form, properly executed. Affluent Thesis? This is so despite the roman imperial fact that the will so republished may have been invalid for want of testamentary capacity at the time of rcm ring closing, making.
The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and imperial architecture, extent of custom paper, his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of imperial essay, revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of write on muslim marriage, no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the roman imperial architecture rest, residue, and remainder of write an essay marriage, T's estate under the 1999 codicil that revived the roman imperial architecture essay 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the management workplace research paper legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. Roman Imperial Essay? In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in college essay how to equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. Imperial? A properly executed will implies at least two witnesses thereto who do not stand to take under said will.
S was one of 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 metathesis probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to architecture the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. Management In The Research Paper? The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of roman architecture, Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and rcm ring metathesis, now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and essay, thoughtfulness that may catch a professor's attention and garner an stress management workplace research 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 roman imperial essay the son, S, per stirpes . S's having witnessed the farm will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to roman architecture prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and college essay service how to start, Professor Comments) [The example that follows is an imperial actual exam and model response sent to worker thesis us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to essay two first year classes by essay how to start, their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the roman architecture highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to farm paper my success. Roman Imperial Essay? . The exemplar is, in fact, *my* exam essay answer, and management in the, if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the architecture essay LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and an essay marriage, 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 imperial architecture essay proceed and present. In The Workplace Research Paper? For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and roman essay, perform Step One. A LEEWS grad has also read many such introductory instructions, and thesis, therefore will skim through quickly to architecture essay note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of write on muslim marriage, a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34]
A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. Roman Imperial Architecture Essay? You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. College Application Essay How To? Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions.
If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from roman imperial architecture any other person. Your answers for custom, Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and roman imperial, staple all of the pages together in the upper left hand corner. 1. Custom Paper? 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 relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on roman imperial architecture essay the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to college service how to start 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 architecture essay, return the booklet in order that your exam answer sheet may be matched with the correct version of the custom paper answers. Do not write your name on roman architecture anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure;
2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. Metathesis? all states have also enacted the following statutes: X.C.A. Roman Imperial? § 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 an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of write an essay on muslim marriage, contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of imperial architecture essay, process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in stress management in the workplace paper Part I are worth a total of 45 points. They are not of imperial architecture essay, equal weight. A. Stress Management In The Workplace Paper? You are now an imperial architecture essay associate attorney in a law firm. Respond fully to the following memorandum from 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 Isolde are partners in a furniture repair business. Their shop is in essay start the State of Swabia where most of their customers are from. Sometimes people from the nearby States of imperial essay, Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.
By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and on muslim, 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 Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan.
When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for roman, $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to online custom collect the imperial architecture unpaid principal and metathesis, interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to roman imperial essay 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 her for $100,000. On December 1, 2006, First Commercial sought to rcm ring metathesis register the judgment against Isolde with the essay United States District Court for the District of affluent worker, Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to architecture essay Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to writing paper discuss fully any possible defenses that you may have considered and roman imperial architecture essay, rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Custom? Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006.
I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to essay 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 kindergarten summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on roman architecture essay Isolde in 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 workplace brackets. . [LEEWS note: We reprint this commentary in imperial blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of stress paper, I ssue to precede the statement of imperial, R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an affluent thesis abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of roman imperial essay, issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only suggestion is rcm ring metathesis that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only roman architecture essay hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in college essay how to start Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. Roman Imperial Architecture? At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in an essay Prussia, where she lived her whole life up to roman imperial June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction.
However, if Isolde is found to have relocated to write on muslim Swabia with the 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 roman imperial architecture a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the an essay on muslim marriage 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 roman imperial architecture essay more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the rcm ring closing District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. Roman Essay? In the on muslim alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in roman essay the first action. Most of affluent, 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 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 imperial architecture essay state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the affluent worker thesis laws of Prussia to roman imperial essay 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 online custom, law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of essay, a serious lack of preparation. Failure to stress workplace 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 State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the architecture loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the write documents, which took place at the furniture shop in imperial architecture essay Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the essay 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 essay state result, the execution of the contract. [It is how to start probably not necessary to stretch the construction of the statute as the court did in Gray to 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 Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. Roman Imperial Essay? 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 metathesis simply no basis in roman essay the facts for speculating that Isolde didn€™t know what she was signing. Closing? 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 roman imperial essay 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 long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the custom Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only roman architecture essay 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 metathesis signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Roman Essay? 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 Prussia over any disputes to management in the workplace research the contract. Roman Imperial Architecture? (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.
In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to application essay how to start travel to a nearby state where she lived most of roman imperial, 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 affluent worker 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 essay fairness factors do not point to Prussia as an write an essay on muslim unfair forum for Isolde. Conclusion.
Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the essay Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and an essay, Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to roman imperial essay study the problems following that opinion in the casebook.]
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Analysis of Witi Ihimaeras #39;The Whale Rider#39; on imperial essay the basis of Postcolonial Theory. Term Paper 2009 16 Pages. 2. Colonial and Postcolonial History of New Zealand. 2.1. New Zealand literature. 3. Construction of the Novel. 3.2.
Structure of the novel. 4. Analysis on terms of Postcolonial Theory. 4.1. Translation and memory. Application Service How To? 4.2. Architecture? Identity, diaspora and hybridity. 4.3. Aspects of gender. “Maori writing of Aotearoa/ New Zealand is considered as a distinct category on its own, inflected by its unique relationship with the Pakeha (European) settler culture, whose continuing presence in Aotearoa denies Maori `postcolonial? status.”  According to this there are several famous Maori writers who introduce their culture and traditions within their writing. Witi Ihimaera is one of these Maori writers who was born in 1944. His work includes novels, short stories, and anthropological works. Central to Ihimaera’s fiction is the examination of the concerns of the Maori culture and the return to traditional values.
Therefor he sensitivly captures the particular nuances contained within Maori society. College Service? In 1987 Ihimaera wrote the novel The Whale Rider which was turned into a movie in 2003 by Niki Caro and opened a huge acclaim and interest to Maori culture throughout the world. Ihimaera himself said his novel to be a “a modern retelling of a Maori legend” creating the roman central figure as a female “in response to his daughter's complaining about the boy always being the hero”  . The Whale Rider novel appears somehow like a modern tale. Rcm Ring Closing? The story is about a young Maori girl called Kahu who is the granddaughter of Koro Apirana, chief of a Maori tribe. While Koro is desperate about not having a male grandchild he starts to look for imperial essay, a male successor amongst his tribe, unaware that Kahu has the aptitudes which a chief requires.
Because of his blindness and frustration Koro abandons Kahu. For the essay service how to action the essay story of the whales plays an important role. The whales are strongly connected with Koro?s Maori tribe by his ancestor and whale rider Paikea. A herd of whales which is leaded by the ancient whale which Paikea rode is heading towards New Zealand troubled by changes in their environment. They stranded on the beach in kindergarten writing front of the Maori village and the people tried to get the whales out to the sea again but they fail. Roman? Kahu manages to stress management workplace research paper lead them back to imperial architecture essay the sea by riding the ancient bull whale. Koro now realizes that Kahu is the stress workplace paper true successor with the right characteristics to be a leader, regardless of imperial age and gender and ensures the write an essay marriage salvation of her village.
The Whale Rider novel is a positive and sensitive representation of roman architecture essay Maori culture and several terms from the postcolonial theory can be determined within the novel. That is why it appears to kindergarten farm writing me worth analysing this text in the context of postcolonial literary studies which is the purpose of this term paper. Architecture? In chapter 1 I will give a short summary about the colonial and postcolonial history of New Zealand and its postcolonial literature tradition. Chapter 2 deals with the novel?s main characters and stress management in the the narrative structure while Chapter 3 detects the features of postcolonial theory which are embedded in roman essay the story. 2. Colonial and Postcolonial History of New Zealand.
Although the history of New Zealand is rather short, nonetheless it was very rapidly. Within 1000 years two peoples appeared on the islands: the Polynesian Maori and later the rcm ring closing New Zealanders originated in Europe. Archaeological records date the landfall of the roman imperial Polynesian ancestors of the an essay Maori back to the time between 800 and 1300 AD. It is not quite clear where the ancestors exactly came from but the racial, mythological and linguistic resemblance to Polynesian nations such as Samoa, Tonga and the Cook Islands are obvious. The Maori called the discovered country Aotearoa which is commonly translated as `land of the long white cloud?, according to roman imperial architecture essay the legend, Maori explorer Kupe and his wife Hine-te-Aparangi discovered the country after catching sight of a long plume of cloud hanging over the land. The first contact between Maori and the `world outside? occurred in online custom the year 1642 when Dutch explorer Abel Tasman `discovered? New Zealand. Roman Architecture? As it was the case in many other parts of the Pacific, early encounters between Europeans and Maori were often marked by misunderstanding and mutual hostility. When Abel Tasman and his crew first visited Golden Bay (on the management workplace paper South Island), Maori interpreted a trumpet call from the Europeans as a formal challenge and roman killed four crew members before Tasman retreated and sailed away. College Application Service Start? Not till 1769 the contact between Europeans and roman imperial architecture essay Maori was renewed when British (leaded by James Cook) and French (leaded by affluent worker, Jean de Surville) discoverers landed. James Cook established comparatively good relations with Maori, but his first contact with Maori at Poverty Bay was also marked by roman imperial essay, bloodshed: in stress management paper this case, Maori were killed after Cook?s crew misinterpreted Maori ceremonial protocol as hostility. The early decades of the imperial nineteenth century witnessed the arrival of rcm ring closing increasing numbers of European missionaries and traders in Aotearoa.
In 1837 a colonization scheme was founded which transported large numbers of Britons ton planned settlements throughout Aotearoa. Roman Imperial Architecture Essay? The venture was threatened by a developing French interest in colonizing the country and worker thesis pressure from roman imperial settlers and missionaries which persuaded the British government to annex Aotearoa in 1840. The Europeans needed the custom paper protection of the Maori, their food and roman architecture their manpower while Maori needed European goods, foremost musketry. On February 6th in 1840 45 Maori chiefs and the British government signed the Treaty of Waitangi in online which the Maori would cede sovereignty to the British monarch and channel all sales of land through representatives of the Crown. In exchange, Maori would be guaranteed full proprietorship over their remaining lands, and roman essay would enjoy the same rights and privileges as all British subjects. Those Maori who signed the treaty were unaware of the fact that there were significant differences between the online custom English- and Maori-language versions of the Treaty `text?. Increasing numbers of European settlers arrived throughout the 1850s, outnumbering the Maori population by 1858.
Because of the growing number of settlers the demand for land was growing while the reluctance among Maori to sell their land increased. A series of roman imperial architecture essay battles culminated in 5 North Island `land wars? which raged between Maori, settlers, and affluent worker government between the 1840s and the 1870s which was not solved until a final peace agreement was made in 1881. “By the 1870s, when Maori military resistance to colonization had virtually collapsed, most remaining land was in European hands, and by 1890 the few remaining pockets of Maori land were located mainly in isolated Maori rural communities in the North Island.”  Until the 1890s the architecture number of European settlers increased to more than 500.000 while the Maori population was reduced by war and diseases from 100.000 (in 1769) to 42.000. Online Custom Paper? Yet Maori military resistance during the land wars also produced some positive effects. A variety of legislation was passed in the mid-to-late 1860s aimed at roman imperial essay, bringing Maori within the same property and legal codes as settlers: a Native Land Court and writing Maori justice provisions were established; special English-medium schools for Maori were founded; and 1867 saw the granting of Maori male suffrage and the provision of four Maori seats in parliament. These measures clearly afforded Maori a degree of participation in the settler state and imperial essay polity which was much more progressive in comparison to Australian Aboriginal politics. Not only in Maori politics New Zealand acted in a progressive way but also by political equality of woman and national welfare reforms. The Liberal government which was elected in 1890 served to college service how to start promote an image of New Zealand as a progressive socio-political laboratory both at home and roman imperial architecture abroad. Already in 1893 woman were granted the right to vote and various welfare reforms like minimum wage structures, child health services and old-age pensions were introduced from the 1890s. From the beginning of the 20th century a `process of indigenization? of the settlers  arose.
It was marked by the evolution of the term `New Zealander?  and the implementation of a national flag, “thus introducing one of the most iconic symbols of national identity”  in 1901. Six years later, in 1907, New Zealand gained Dominion status and in 1947 complete independence from the British Crown but remained a member of the Commonwealth with the British Monarch as constitutional but not governing head of state. After its history as colonized country New Zealand also operated as colonialist force within the Pacific by stress research paper, the annexation of the Cook Islands and Niue in 1901, and later acquisitions of roman architecture essay Western Samoa in 1914 and Tokelau in 1925. All these facts together with a growing economy and the involvement of New Zealand troops (of both settlers and Maori people) in the South African, First and Second World Wars were sources of a growing national pride and identity. Since the custom paper beginning of the 19th century and thus the essay increasing number of European settlers and their requirement for land there has been Maori resistance to Pakeha (Maori word for white European settlers) political hegemony. Beginning with the King Movement in 1858, when the first Maori-king was determined and later followed by several prophets who drew a direct parallel between the colonial oppression of the Maori and the persecution of the Israelites in Egypt and an essay marriage established new religious movements such as the Ringatu faith  . The most important Maori movements emerged after the Second World War and later on in the 1970s when the Maori population increased again. The 70s movement became known as the Maori Renaissance. It was caused by the process of urbanization which led to a large-scale migration of Maori from their rural communities into Pakeha-dominated cities and thus creating a number of social pressures as discrimination in employment, housing provisions and public services. Maori activists advocated the concept of biculturalism instead of the governments `integration? policy of cultural assimilation. One of the most remarkable protests was the Maori Land March of 1975 when thousands of Maori walked 640 kilometres from the far north to New Zealands capital Wellington in protest against continuing expropriation of Maori land.
In 1977 the roman imperial essay Waitangi Tribunal was formed under the Treaty of Waitangi Act of 1975 to rcm ring closing investigate accusations of the governments handling with Maori land claims. Until the beginning of the 21st century several amends for Maori people were made by the Pakeha government such as reparation payments for imperial architecture essay, removed Maori land or the cultural integration of Maori traditions into New Zealands society which is known as the concept of `Maoritanga? (Maoriness).  Keown, Michelle (2007): Pacific Islands writing. The postcolonial literatures of Aotearoa/New Zealand and Oceania. Oxford: Oxford Univ. Press (Oxford studies in postcolonial literatures), p. 110.  Mottesheard, Ryan (June 6, 2003): Girl Power: New Zealand Writer/ Director Niki Caro Talks About `Whale Rider?. Interview with Niki Caro. http://www.indiewire.com/article/girl_power_new_zealand_writerdirector_niki_caro_talks_about_whale_rider/, p. 1.  Fischer, Steven Roger (2005): A history of the Pacific Islands. Basingstoke, Hampshire: Palgrave (Palgrave essential histories), p. 127-8. On Muslim?  Williams, Mark (1997): Crippled by Geography? New Zealands Nationalisms. in: Murray, Stuart (Ed.): Not on any map.
Essays on postcoloniality and roman cultural nationalism. Exeter: Univ. of Exeter Press (Exeter studies in American and Commonwealth arts), p. 19–42 p. 22.  McLeod, John (2000): Beginning Postcolonialism. Manchester: Manchester Univ. Press (Beginnings), p. 69.  The Ringatu faith was established in the 1880s by the healer and prophet Te Kooti. In 1905 he was followed by Rua Kenana.
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Explain How Urban Layout and Structure Affect Winds. Winds are therefore affected by the size and shape of buildings. For a single building, air is displaced upwards and roman imperial architecture essay, around the sides of the essay service start building and is also pushed downwards in the lee of the structure. On the windward side, the air will push against the wall on this side with relatively high pressures. As the air flows around the sides of the essay building it becomes separated from the walls and roof and sets up suction in these areas. On the windward side the overpressure, which increases with height, causes a descending flow which forms a vortex when it reaches the ground and sweeps around the windward corners. This vortex is considerably increased if there is a small building to windward. Writing. In the lee of the building there is a zone of imperial essay, lower pressure, causing vortices behind it. If two separate buildings allow airflow between them, then the movement may be subject to the Venturi effect in which the pressure within the an essay marriage gap causes the wind to pick up speed and reach high velocities.
Usually buildings are part of a group and architecture, the disturbance to write an essay marriage the airflow depends upon imperial, the height of the buildings and the spacing between them. If they are widely spaced, each building acts as an isolated block, but if they are closer, the wake of each building interferes with the airflow around the write an essay on muslim next structure and this produces a very complex pattern of airflow. Imperial Architecture. Usually buildings are part of a group. traet--The main characteristics of the most-used solution procedures for the facility layout problem are summarized. The characteristics include input required, limitations, type of affluent worker thesis, output obtained, and roman, some other general characteristics. Quantitative and computer-based models will sometimes produce odd layout shapes. Kindergarten Farm Writing Paper. For this reason, optimization models and computer programs designed to plan facility layouts, based on optimizing certain objectives, can be useful only for determining some guidelines for the planners. While these models can be used for planning alternative layouts, considerations of qualitative and personnel factors should be given during the layout finalization phase. INTRODUCTION One of the tasks in layout planning is assigning relative locations to a set of facilities. The best layout plan is often the architecture essay one that results in the highest overall effectiveness of affluent worker, transactions between the essay facilities. Cost considerations can be a major factor in choosing a.
Words: 3517 - Pages: 15. . Layout plays a vital role in ensuring the efficiency of the process design. Layout involve utilizing business space via the arrangement between people and equipment and machines in effective manner so that the people movement and information flow are smooth long the process. In many kinds of industry nowadays, the management in the workplace research efficiency of business also can be determined by its layout design. Imperial. As the McDonalds example which succeed create competitive advantages through its layout design, businesses also have to plan well their layout or make changes of the old layout to ensure they can stay competitive in market. However, in determining best layout, company have to consider which there are two primary differences between manufacturing and write on muslim, service layout which it based on roman imperial the factors of the production flow of the product and the degree of customer contact. I take an example of worker thesis, service layout which have a high degree of customer contact, Low Cost Carrier Terminal (LCCT) which as for me LCCT has efficient layout, even old-looks design, not so class as it built for the economy and low budget, suit with it names. LCCT is a fixed position layout whereby all the workers, equipment, planes and passengers come to the LCCT to have the roman imperial architecture essay services. In my opinion, like all projects, the management workplace kind layout is due to cost which it was a major factor that led to the LCCT being where and what it is architecture, today. The site was selected as it had a ready apron to accommodate several aircrafts, and metathesis, it had ready road and. Words: 844 - Pages: 4.
How Privacy Issues Affect Businesses. . CONTEMPORARY BUSINESS ISSUES – PRIVACY IN THE WORKPLACE How Privacy Issues Affect Businesses How Privacy Issues Affect Businesses The existing economic and business setting implies on-going efforts towards better understanding and dealing with the challenges of the imperial essay modern era, which are characterized by the crucial need for making changes due to intense competition and ongoing global crisis’. As a rule, privacy rights are established by explicit regulations, laws or rules. Some privacy rights are relevant in the workplace and some don't. And even if there is no particular law, a right to privacy can be based on the legal common law notion of having a reasonable expectation of privacy”, (Lippke, 1998). For employers and employees in the business industry, privacy concerns have become progressively more widespread in the workplace, and affluent worker thesis, with the increased use of imperial architecture, electronic resources, privacy at work is even more compound. Consequently, it is imperative that both supervisors and affluent worker thesis, managers have a fundamental understanding of some of the more common privacy rights and essay, issues that can arise, as well as the restrictions that may apply.
Some of the more prevalent privacy issues that employees face are drug testing, email monitoring, personnel records, social security numbers, monitoring and eavesdropping, back-ground screening, and application service, medical records. Because of these issues, there are quite a few areas of human capital management in which privacy rights are recognized. Words: 2173 - Pages: 9. How Politics Affect International Trade. . 1.Politics As with many things the government of a country controls how any business in that country will operate, which directly gives them influence on any form of trade happening in that country. The government has the power to do so through tariffs, surcharges, and import licenses. Roman. Import tariffs provide some protection against dumping by foreign manufacturers.
The relationships governments build with each other also affects international trade and can go both ways good and bad. When one goes as far back as the Worlds Wars, one can clearly see a perfect example of essay how to, this. Following the wars and the Depression, international trade and finance had been in retreat for decades, and imperial architecture, protectionist forces seemed dominant in thesis all major economies. National governments seemed bent on heavily restricting international economic transactions to preserve economic stability and fuller employment. As a result the Bretton Woods institutions appeared stillborn, rendered irrelevant by the highly restrictive trade and exchange control. Trade policies developed in the five largest trading economies – those of Britain, France, the Federal Republic of Germany, Japan and the United States – new treaties were put in place and relationships had to be restored in most parts of the world. Since the end of the Second World War, US presidents have to varying degrees embraced global trade expansion and pushed for lower tariffs, increased trade flows and a multilateral regime based on roman architecture fairness.
Words: 618 - Pages: 3. . depression in twins and families have shown moderate to high heritability, but extensive molecular studies have failed to stress in the research paper identify susceptibility genes convincingly. To detect genetic variants contributing to major depression, the imperial essay authors performed a genome-wide association study using 1,636 cases of depression ascertained in the U.K. and 1,594 comparison subjects screened negative for management in the paper psychiatric disorders .depression is a common and disabling condition and imperial architecture essay, is a leading cause of disability it also impairs the an essay marriage quality of life, poor quality of life, and roman imperial architecture, death by suicide. Kindler also says” Stressful life events are associated with the onset of farm, episodes of major depression. However, exposure to stressful life events is influenced by roman imperial architecture essay, genetic factors, and these factors are correlated with those that predispose to major depression.”(kindler,1999) de Graaf also said “Minor depression is common in worker thesis the general population and seriously affects quality of life, daily functioning, and health care use”(de Graaf010). And according to Mejia “family is one of the main factors, not only in the development of adolescent depression, but also in the treatment, being a double-edge sword that can affect in both good and bad ways”(Mejia,2011) so family has the greatest impact on our lives and our emotions.
Anyone under the age of 18 was eliminated. Also Pairs were excluded if either sibling had ever fulfilled criteria for mania, hypomania, or schizophrenia or if either experienced. Words: 2441 - Pages: 10. . is more than 80% of consumer browsing and buying online in every week in 2012 and it’s increased 69% from 2009 (Oracle 2012) and there is about 80% of small-mid-big companies utilize social media in 2013 that the companies realize social media is essay, becoming very important for application essay how to their business performance and to support communication in internal companies. Thus companies can do marketing and sales, make community of fans page consumer, and as a tool to communicate with consumer directly by establishing consumer service online and architecture essay, feedback so the companies can know exactly what suggestions and complaints from consumer (Ragan 2013), besides that there is about 92% of companies utilize social media for recruiting employee by using platforms like Linkedin, Twitter, and Facebook, and farm writing paper, as the essay top social media for recruitment is Linkeid with 78% in stress paper 2010 (Sprout insights 2013). So from several evidence, it can be assumed how incredible important social media for roman architecture businesses and human life as based on evidence there is significant increase in using social media by people and closing, corporations. Although companies aware that they need to roman architecture be where customers are, and nowadays mostly customers are on social Media, but there is about 50% of total companies which ineffectively in using social Media.
Firstly, companies is not efficient in building brand awareness of the products and brand where companies need to use multiple channels that require them to identify what social media that their mostly. Words: 2531 - Pages: 11. . In “How Urban Legends Work” Tom Harris provides perfect examples of urban legends, what they are, how they’re spread, and how they’ve changed over time. Urban legends are stories created from some event and then passed from person to person, most of which are false but believed to be true. Urban legends exist everywhere and can be funny, cruel, or leave an impression on someone. Commonly passed between friends, this makes urban legends seem more real because the story is coming from college service how to, someone whom you trust. As they are passed from person to person, the story is changed or made more interesting by each person. Often passed around because these stories interest people and imperial architecture essay, it is within our nature to college application essay service want to spread these stories. Roman Imperial Architecture Essay. According to Harris, “You feel compelled to write an essay on muslim marriage warn your friends and roman imperial essay, family”. Stress Management Research. Anyone can be tricked into believing urban legends because we tend to roman trust the information being told and not question it. As Harris states “In many cases, this trust runs so deep that a person will insist an urban legend actually occurred, even when confronted with evidence to the contrary”.
Even if proved wrong people still believe in urban legends. Urban legends sometimes cause us fear because we can relate to affluent worker thesis them whether it’s a place we’ve been to or go to every day. All over the world urban legends tend to be passed around some of which are revisited from time to roman imperial architecture essay time. Harris mentions Legends such as the “Hook-hand killer” tale A young couple on a date drives. Words: 361 - Pages: 2. With the Use of Examples Explain the write marriage Various Barriers to Entry to a Market and How These Barriers Might Affect Market Structure. . With the use of examples explain the architecture various barriers to entry to a market and how these barriers might affect market structure Barriers to entry are designed to block potential entrants from entering a market profitably, they seek to protect monopoly power and usually have the effect of making a market less contestable. In a perfectly competitive market barriers to entry are not allowed as otherwise the market would not be perfectly contestable as one firm will have an advantage over another. One barrier to worker thesis entry in architecture essay a market is research and college essay service, development.
Heavy investment into research and development from large firms can deter other firms from entering into a market. Research and development also goes into developing new products such as Dyson creating the bag less vacuum cleaner, this leads to firms acquiring patents, where the firm has legal protection over a design or a product for roman imperial twenty years. Patents are very good at creating monopolies as they restrict entry into certain markets, as in my previous example with the bag less vacuum cleaner, Hoover tried to copy this idea however were taken to worker thesis court by Dyson leading to Hoover having to take their product off the market and paying substantial fees to Dyson. This therefore led to a monopoly on the bag less vacuum cleaner; therefore Dyson had complete market power and could increase the prices of their products. Another barrier to entry also related to roman architecture research and development is the RD that goes into making. Words: 726 - Pages: 3. How Smartphones Affect Relationships.
. Technology: How Smartphones and Social Networking Have Changed Our Parental Relationships Audience and Accommodation: My audience is thesis, going to roman essay be the parents. I am targeting them so they know that in order to keep up with their children who have gone off to college, they understand how powerful smartphones are, how we use them to communicate with them, and stress in the workplace research, how there may be better ways to stay in touch. Hook: My hook is going to be a personal reflection on roman how I stay in communication with my parents with my smartphone. (Ms. Griffiths told me to do this) Stable Context: This is where I talk about affluent, smartphones, and roman imperial architecture essay, then give background on how relationships are formed and maintained throughout what I will later describe as emerging adulthood with parents. Destabilizing Condition: With the rise in technology, smartphones, and social networking sites, I don’t think that some forms of technology, in particular social networking sites, are the kindergarten best way to stay in touch. Roman Essay. Main Claim: My main claim is that the relationship between the college application service start emerging adult and the parent should not be solely based on technology.
If the parent doesn’t have social networking site profiles, then they need to roman essay adjust to what the kindergarten farm writing paper emerging adult wants to communicate by in order to maintain a stable relationship. Significance: With so many different forms of roman architecture essay, communication now, not all are beneficial to the emerging adult. Relationships that are formed and maintained online are not the. Words: 1304 - Pages: 6. How Does Nihilism Affect Hedonism? . Write An Essay On Muslim. How does Nihilism affect Hedonism?
Farid Guzman BKvt.3 Hedonism and Nihilism are two incredibly interesting philosophies, especially when studied in contrast to each other. Although by the simplest definitions they are opposites, they actually have a lot in imperial architecture common. Kindergarten Paper. In fact, it s entirely possible for one to occur as a result of the other. Both are very common in modern Western society, although for the most part extreme hedonists or nihilists are almost unheard of. Roman Architecture. Even thought we don’t normally pay attention to affluent worker it, we all have Nihilistic and Hedonistic tendencies at various times throughout our lives. Nihilism is the belief that nothing we do, own or believe is of any value.
It is the belief that we are worthless and that life has no purpose. It comes across as a very dark, empty way of roman architecture, life, yet we all embrace it in small ways. For example, someone may deem voting worthless, arguing that their political choices won’t affect anything. This, on a small scale, is write, Nihilism. It's a common assumption that without religious moral codes people will behave in a dishonest, violent and roman, otherwise anti-social manner. Yet, the most pious and closing metathesis, devout believers still lie, cheat, steal and roman imperial, kill; an open non-believer could do no worse. And the dishonest and anti-social behavior of believers exploiting religious morality are all the more malevolent because they do it under the cover of “righteousness”. In The Research Paper. The fact is that religion, and the morality it attempts to conclude, is. Words: 1590 - Pages: 7. Explain How Urban Layout and Structure Affect Winds.
. The surface area of cities is uneven due to the varying height of the buildings. Buildings in general exert a powerful frictional drag on air moving over roman architecture, and around them. Custom Paper. This creates turbulence, giving rapid and abrupt changes in both wind direction and imperial essay, speed. Average wind speeds are lower in online custom paper cities than in the surrounding areas and they are also lower in city centres than in suburbs. High rise buildings may slow down air movement but they also channel air into the canyons between them. Winds are therefore affected by the size and shape of buildings. For a single building, air is displaced upwards and around the sides of the building and roman imperial, is also pushed downwards in the lee of the structure. On the windward side, the air will push against the wall on this side with relatively high pressures. As the air flows around the sides of the building it becomes separated from the walls and roof and sets up suction in these areas. On the windward side the overpressure, which increases with height, causes a descending flow which forms a vortex when it reaches the ground and sweeps around the windward corners.
This vortex is considerably increased if there is a small building to windward. In the lee of the building there is a zone of lower pressure, causing vortices behind it. If two separate buildings allow airflow between them, then the movement may be subject to the Venturi effect in which the pressure within the gap causes the wind to pick up speed and reach high velocities. Research Paper. Usually. Words: 389 - Pages: 2. Explain How Urban Structures and Layout Affect Winds. 8 Marks. . Urban structures and layout affect winds in that friction from urban structures and tall buildings cause winds to lose energy and to be diverted (respectively) ultimately leading in imperial architecture calm conditions and light winds.
When moving through an urban area winds must pass through areas of skyscrapers, oddly shaped buildings and application service how to, brick built structures. Energy is lost when the movement of air encounters friction and hinders its ability to move as fast. Friction van be small scale such as rough surface of brick buildings or large scale such as large tall structures which wind must go around. This results in a reduction of wind speeds in roman imperial essay urban areas. Also the more densely built up an worker thesis area is the roman imperial less wind has an effect as the air must be diverted around many structures and affluent thesis, can in fact be diverted round the area altogether.
In terms of layout, parallel built streets, especially long narrow streets with buildings either side can cause wind to be funnelled down these passages creating ‘wind tunnels’ where wind speeds increase greatly, this increases the average wind speed of an urban area. Imperial Essay. The same effect occurs with narrow passages/gaps between tall buildings, wind is forced through in a wind tunnel creating high speed winds. In urban areas with a less structured layout eg wide streets with building s of rcm ring metathesis, moderate height set out in an unparallel layout, wind is roman essay, less affected whilst speed is rcm ring metathesis, still reduced by roman imperial architecture, friction, the occurrence of wind tunnels is less as the conditions. Words: 258 - Pages: 2. . Farm Paper. has dismissed the 1.5 sigma shift as goofy because of roman imperial essay, its arbitrary nature. Its universal applicability is seen as doubtful. The 1.5 sigma shift has also become contentious because it results in stated sigma levels that reflect short-term rather than long-term performance: a process that has long-term defect levels corresponding to 4.5 sigma performance is, by Six Sigma convention, described as a six sigma process. The accepted Six Sigma scoring system thus cannot be equated to actual normal distribution probabilities for write an essay on muslim the stated number of standard deviations, and this has been a key bone of contention over how Six Sigma measures are defined. The fact that it is rarely explained that a 6 sigma process will have long-term defect rates corresponding to 4.5 sigma performance rather than actual 6 sigma performance has led several commentators to roman express the opinion that Six Sigma is a confidence trick.. Words: 3200 - Pages: 13. . In this Harvard Business Press article, the co-authors of the Blue Ocean Strategy book, W. Closing. Chan Kim and Renee Mauborgne explain the importance of alignment across the three strategy propositions of value, profit and people propositions, regardless of an executive's strategic approach to strategy. In choosing which of the roman imperial essay two is most appropriate for your organization, you need to consider environmental attractiveness, the capabilities and resources you can call on, and whether your organization has a strategic orientation for online custom competing or for innovating. Whichever type of strategy is chosen, success will depend on creating an aligned set of strategy propositions targeted at three different sets of stakeholders: buyers, shareholders, and the people working for imperial architecture or with the organization.
This article builds on the concept of value innovation, the concept of being able to increase value while reducing costs at affluent worker the same time. This article was referenced by Paul E. Kmen in his paper on how companies can break the trade-off between improving the roman imperial architecture sustainability in custom their offerings versus the higher costs associated with becoming a truly social responsible company. The paper illustrates how becoming environmental-friendly can actually lower the production costs by reducing the inputs used. By not taking the structure of the operating environment as a given, a company may generate additional revenues from better products and imperial essay, create new businesses by taking a reconstructionist approach.
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Custom Music of Latin America essay paper. Music is an important component not only in enhancing entertainment, but also as means of promoting unity by essay, incorporating styles and information that addresses problems affecting people. In most cases, the production and rcm ring metathesis, dissemination of music locally, regionally or internationally has been based on the historical, geographical, and cultural factors. These factors normally contribute to the originality of the music being composed and its introduction into the market. Therefore, producing world music that captures all these factors is roman imperial essay essential especially in addressing social, political, cultural, religious, and economic problems that affects people. Farm Writing Paper? Latin American Music has impacted different on roman imperial architecture, people’s culture, lifestyle, belief, politics, immigration, and identity thus making it a world music that requires global recognition and college application essay, understanding. This paper, thus discusses the historical, geographical, and cultural context of Latin American music.
It highlights how the roman imperial architecture essay, music has impacted on every day life, worship and belief, migration, dance, politics and custom, identity of people. According to Rahkonen (2006), world music normally means different things to different people thereby making it be described with what actually it is not. Architecture Essay? He notes that the world music is neither Western art music, nor a mainstream of Western folk and college how to, popular music, but rather a traditional, popular or art music that incorporate either ethnic or foreign elements. In other words, world music cannot be characterized as our music, but can be assimilated to belong to someone else. Additionally, Rahkonen (2006) notes that world music is considered as any plain music that has a huge number of fans in the world, and therefore it affects people’s culture and true expression especially in its dances and the music itself. As pointed out by Scaruffi (2006), Latin America music include all countries in the South America, Central America, and Caribbean region that have embraced and are practicing music that effectively relate to their cultural and ethnic components. Roman Imperial Architecture Essay? He notes that these Latin Americans have produced various musical genres that emulate not only the European folk music but also both the African music and the native traditional music. Scaruffi (2006) adds that in Latin America, local musical genre inherit both the cultural and ethnic factors based on essay start, a region or a particular group rather than emanating from political framework and boundaries.
This is to ensure that both the political and social factors do not erase the common cultural heritage especially when a conflict arises. According to him, this is roman imperial architecture why the cultures shared among the Latin Americans have survived for online long irrespective of the growth in music. The impact of Latin American Music on their culture, lifestyle, belief, politics, immigration, and identity makes it to be a world music that requires global recognition and understanding. This paper, thus discusses the historical, geographical, and cultural context of roman architecture essay, Latin American music. Worker? It highlights how the music has impacted on every day life, worship and belief, migration, dance, politics and identity of people. Historical, Cultural and Geographical Context of Latin American Music.
According to Hampson Maria (2008), music was used in Latin America not only as a link between the white and the black, but as a folk tradition that was developing into an art of traditional music. They points out that with the intertwinement of the indigenous and European musical roots, rich and diversify music were produced that were distinctive and roman imperial, illustrated the cultural and beliefs of Latin Americans. In this respect, both hymns and work songs were produced. These forms of music depicted that interminglement between European and African sounds rich of traditions and culture. Additionally, they note that Latin American music is normally produced based on musical style being used, geographical set up, and the language of the composer. As pointed out by Olsen Sheehy (2008), during the colonial, revolutionary, and in the research, federal period in the sixteenth and eighteenth century, most of the architecture essay, Amerindian population who occupied South America was decimated by the presence of European, Iberian, and in the workplace research, African slaves. They note that this led to the destruction of Amerindian musical culture especially by the dominating Iberian. For instance, hymn tunes, theater songs, and ballads were not only roman imperial architecture imported from England, but were modeled in English musical genre (Scaruffi, 2006). Additionally, he notes that Latin American had been polarized by social, cultural, and economic factors that affected the evolution of music in the region. Therefore, the Latin Americans resorted to locally use their music in enhancing the cultural norms and beliefs. This limited the faster and widespread growth of the music.
Scaruffi (2006) notes that, before the Spanish conquest, the Amerindian population which comprised of Mayan, Aztec, and Olmec among others, used music for sacrifices or rituals in enhancing their culture and beliefs. However, he points out that post contemporary movements in Latin America, for example the Hispanic revolution in Mexico, helped revolutionize the Latin America music. This came about as a result of the promotion of online custom paper, a perfect blend of both European and local music. As the revolutionary movements became more active, people begun to feel their influence in roman imperial architecture the field of music as this enabled the musicians to come up with a regional based folk music. According to him, Mariachi, a famous regional musical genre used by revolutionary movements, and which became popular during the time, incorporated both the college essay how to, narrative and folk music.
This was partly a strategy by imperial architecture, the revolutionary movements to enable them participate in stress workplace determining their country’s involvement in current affairs pertaining to war and roman architecture, politics as well as those of the larger society. According to research paper Miller, Vandome McBrewster (2009), rock music was not a popular music in Latin America during early ages. But, they point out that, just like the architecture, white people stole the pop music from the black Americans, the Latin Americans did so from the white Americans. They note that in the late 50s, Latin Americans had not mastered the English language, and therefore sung the covers of the college essay service how to, pop music in Spanish. Miller, Vandome McBrewster (2009) add that this led to essay the establishment of metathesis, notable rock and roll bands such as Los Rebeldes del Rock and Los Locos del Ritmo in Mexico. These bands largely performed and produced rock n roll music in the urban areas such as in the Mexico City. Scaruffi (2006) on the other hands notes that popular rock artists such as Carlos Santana incorporated the rock n roll music with other musical styles such as blues. This enabled such artists to blend their music with social problems and cultural issues without the music losing its humor. This was to roman architecture essay improve their cultural heritage. Moreover, Scaruffi (2006) points out that the evolution of internet and the establishment of Northern America Free Trade Agreement brought together most of the world music in Latin America.
This also acted as a catalyst to their musical composition. For instance, he note that the 90’s prominent Mexican rock bands, Caf and Tacuba, composed their music from a mixture of stress management workplace, regional folk and rock music. Scaruffi (2006) adds that evolution of roman essay, technology has enabled most of the Latin American artist to electronically mix mariachi, banda, regional folk songs, with popular rhythms in adapting to current world music. It is thus clear that it was the geographical and cultural contexts which were the main factors that contribute to the kind of music that was being written, recorded, and produced in Latin America. Stress Workplace Research? According to imperial Stienstra, Nigro Clemente (2011), Spanish music and Latin rhythms are the application how to start, basic musical styles that describe the type of roman imperial essay, music that comes from broadcasting stations in the region. They note that most bands were regional and therefore did not cater for paper the immigrant minorities. This was clearly evident as music being played was selected based on roman, the majority population. For instance, the Argentinean chacareras is insignificantly played where the majority of population composed of Mexicans (Stienstra, Nigro Clemente, 2011).
Latin America Music Styles and Dances. As pointed out by college application essay service start, Stienstra, Nigro Clemente (2011), the insurgence of Iberian and architecture, African populations in Latin America adversely affected the musical style of the on muslim, region. For instance, they note that the Mesoamerica Indians in the regions now produce their music by playing harps, guitars, and fiddles that emanate from imperial architecture essay Spanish model. Some have also started to play Marimbas which is of African origin. According to worker Scaruffi (2006), the effect of essay, this was also widely experienced in 1890s.
This was when the Argentinean working class, Boca, invented a musical rhythm known as tango; the name which was derived from the rcm ring metathesis, drums of the African slaves. Campbell (2012) notes that the style of the tango music and choreography normally aroused pessimistic mood and roman essay, sorrow that was enhanced by the melancholy sound of the affluent worker thesis, traditional bandoneon. Imperial Architecture Essay? He points out that the worker, choreography of the music originated from an obscene scene of mimicry which depicted a disjoint in relationship between a prostitute, her bodily gestures, and her male rival. Accompanied by suggestive Argentina dance that involves a series of steps that melancholy the tango beats, people would dance to the tune of the music (Scaruffi, 2006). He adds that it is such choreographic characteristics of the architecture essay, tango music, in addressing the incoherency in custom daily human social activities that, the imperial architecture essay, enabled it to become a popular dance in write marriage Europe and U.S. Similarly, most of the Latin American music developed out of immigration practices such as slavery and even religious outstanding. For instance, mambo and rumba musical form and dances styles best captured the daily activities and religious beliefs that characterized the Latin America society. According to Truly (2009), mambo music was a Cuban musical rhythm whose name derived from the language of African slaves who were being imported to Caribbean denoting a conversation with gods. He notes that the roman architecture, music was a fusion of rumba rhythm and jazz music which created a new musical genre for farm paper the working classes during the colonial era in Latin America.
For instance, Perez Prado smoothly introduced jazz sound accompanied by rumba tunes that created an appealing mambo dance which was dynamic with compelling styles of pelvis swinging that were in unison with the Latin music (Truly, 2009). According to Drake (2011), rumba music was another type of music and roman, dance that was developed in the Latin America. She notes that the medium to fast polyrhythmic music was first adopted by Cuban popular musician as a fusion of college application, both the imperial essay, Spanish music and African rhythms. She points out that the term rumba refers to various Afro-Cuban musical and college essay how to start, dancing styles in the United States during the early 30’s and 40’s. She notes that rumba music improvised a call to response. This was especially so with the musical verses that were repetitive and combined both the European harmonic musical instruments with the African percussion. Drake (2011) adds that the rumba music such as guaracha and son of Cuba, were widely performed to people of upper class. Therefore, it acted as an identity that separated the imperial, poor from their rich colonial bosses. Additionally, Miller, Vandome McBrewster (2009) identified calypso as another important music that was developed in Latin America. In The Workplace Research? They note that the music was developed at Trinidad in Caribbean. It deployed witty and humorous styles that highlighted people’s attitudes regarding the social, political, and economic issues they were faced with.
They point out that calypso music was very important to Africa slaves as they were only allowed to communicate to each other through such music. Roman? According to Drake (2011), calypso music was used to farm paper counter the colonial forces by creating a sense of community among the enslaved African society. The rhythm of the music was normally developed from steel band instruments made out of roman, oil drum tops accompanied by ballroom dance similar to kindergarten paper rumba. The musicians would thus provide carnival performance based on architecture, African religions and college application, taboo in order to enhance their identity in countering colonial forces. Another popular music and roman architecture, dance style that is performed across the Latin America is salsa.
As pointed out by write on muslim, Quintero (2011), salsa music depicts one of the Iberian influences to the Latin America especially by incorporating shoe tapping and scarf waving music style to Latin music. She notes that salsa incorporates multiple musical and roman architecture, dancing styles that are diverse and inhibit Spanish Caribbean genre. According Miller, Vandome McBrewster (2009), salsa was formed to fight the predominance social classes in Latin America that were seen to undermine the rights of online custom, other people. Therefore, following the architecture essay, establishment of rcm ring metathesis, salsa music and dance by Cuban immigrants and Puerto Rican migrants in late 60’s, the world started emulating and performing the music and dance. Quintero (2011) notes that this was evident by New York based musician; Ruben Blades blended who blended his salsa music with rock n roll musical style. He also incorporated political issues in roman essay 1978. His music was thus able to trigger some level of agitation for the need of political stability. She adds that this album which was called Buscando America was one of the best selling salsa music that gave him popularity. Records have shown that he almost won it in 1994 as Panama president.
In conclusion, Latin America music is thus a fundamental factor that has contributed to the region’s political, cultural and religious beliefs. It has been established that most of the world music and dances such as salsa and rumba originated from Latin America as a result of historical colonial ruling that had undermined democracy. The study has thus pointed out the need for write marriage artists and musicians to develop music and dances that addresses their daily human activities and encounters in promoting not only their identities, but also culture.