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A Person Who Has Made an Impact in My Life Essay
bryant cole resume Executed August 18, 2004 09:07 p.m. by Lethal Injection in Virginia. 39th murderer executed in U.S. in 2004. 924th murderer executed in U.S. since 1976. 4th murderer executed in Virginia in 2004. 93rd murderer executed in college on who impacted my life Virginia since 1976. European Journal! (Race/Sex/Age at Murder-Execution)
(Race/Sex/Age at Murder) Thomas Wesley Cole. Walter Stanley Cole. Hudson pleaded guilty to the killings of Patsy A. Cole and Thomas W. Cole, both 64, and Thomas's brother Walter S. Impacted My Life! Cole, 56. A single driveway connected the homes of Hudson and Walter Cole, and the families had been feuding for years after Hudson's father sold a parcel of land containing the road to the Coles. On July 3, 2002, the rip van and the of sleepy hollow essay two Cole brothers were riding in a truck on the driveway when they encountered Hudson's vehicle stopped in essays on who impacted the middle of the driveway facing them. Thomas Cole stopped and talked to Hudson. When Cole began driving away, Hudson took a 12-gauge shotgun from his vehicle and fired through the masculinity windshield of the Coles' truck.
A farm worker testified that Hudson and Thomas Cole exchanged words, then Hudson grabbed a 12-gauge shotgun out of his truck and essays on who, shot Walter Cole, who was sitting in the front seat. Thomas Cole tried to flee, but tripped and fell in a ditch. Hudson shot him in essay haley the back of the college essays my life head. Titles! Mr. Greenbacker said Hudson then drove to Thomas Cole's house next door and found his wife, Patsy, working in the garden. Patsy Cole asked Hudson, What are you doing?'' Hudson then shot her and drove away. He drove off and was arrested after a 23-hour manhunt.
Hudson gave up his final appeals and did not file a petition for clemency with Virginia Gov. On Who My Life! Mark R. Warner. Hudson v. Commonwealth , 590 S.E.2d 362 (Va. 2004) (Direct Appeal). A cheeseburger, french fries with ketchup, a tossed salad and saltines. When asked if he had any final words, Hudson said in a clear voice, ``No sir.'' Hudson executed for short on value and sports in life, three murders; Halifax man pleaded guilty, resisted appeals and gave no last words, by Frank Green. (Aug 19, 2004) JARRATT - James Bryant Hudson was executed by injection last night for the shotgun murders of three people two years ago in Halifax County.
Hudson, 57, was pronounced dead at the Greensville Correctional Center at college on who impacted my life, 9:07 p.m., said Larry Traylor, spokesman for the Virginia Department of Corrections. Asked if he wished to make a last statement, Hudson told Warden George Hinkle, No, sir. He seemed very calm, very quiet. He seemed pretty resigned to his fate, Traylor said. Hudson never challenged his death sentence and refused to let his lawyers file appeals. During his last days, Hudson did not schedule any visits with family, clergy or lawyers, Traylor said. In a statement yesterday, Gov. Short Essay In Life! Mark R. Warner said, I have not been asked by Mr. College My Life! Hudson to short and sports in life, intervene and there are no legal challenges to this scheduled execution. Accordingly, I expect the court-ordered sentence to college on who impacted my life, be carried out.
Hudson pleaded guilty to capital murder in the deaths of brothers Walter Stanley Cole, 56, and Thomas Wesley Cole, 64. Hudson also pleaded guilty to the first-degree murder of Patsy Ayers Cole, 64, the wife of Wesley Cole. The three slayings occurred July 3, 2002, in southern Halifax County. Hudson and the Cole brothers were distant relatives and neighbors on state Route 658. The Cole brothers were shot with Hudson's 12-gauge shotgun in a driveway that Stanley Cole shared with Hudson and over which the men had a long-standing dispute. Wesley Cole was driving a pickup also occupied by his brother when they encountered Hudson's truck on the driveway. After the men exchanged words, Hudson went to his pickup and returned with a shotgun. Hudson shot both brothers in the head. He found Patsy Cole working in her vegetable garden and essay, shot her before driving off.
He was arrested the next day. Virginia for Alternatives to the Death Penalty said Hudson was the second death-row inmate to be executed this year after deciding not to appeal. Brian Lee Cherrix was executed on March 18. Traylor said members of the victims' families witnessed the execution. College Essays On Who Impacted My Life! However, citing department policy, Traylor would not identify them. A half-dozen protesters held a vigil in a field just outside the prison grounds. Hudson was the fourth person executed in essay on roots by alex haley Virginia this year and the 93rd in the state since the college on who impacted U.S.
Supreme Court allowed the essay death penalty to resume in 1976. College My Life! Killer of three neighbors executed, by Justin Bergman. (AP August 19, 2004) JARRATT, Va. — A Virginia man who gave up his final appeals and refused to ask Gov. Mark Warner for clemency was executed last night for killing three neighbors after a long-running dispute over a driveway. Well Written! James Bryant Hudson, 57, died after receiving a lethal injection at the Greensville Correctional Centerat 9:07 p.m. Hudson shuffled to the gurney with the help of two guards, who supported him under his arms. Essays! He was wearing a light blue button-down shirt and dark blue pants. Short Essay On Value And Sports! His gray hair was neatly combed. When asked whether he had any final words, Hudson said in a clear voice, No sir.
He did not meet with any family or his attorneys yesterday. Hudson pleaded guilty to shooting brothers Walter Stanley Cole, 56, and on who impacted, Thomas Wesley Cole, 64, and the latter's wife, Patsy Ayers Cole, 64, outside their Halifax County home in masculinity July 2002. Mr. Warner said earlier yesterday that he would not intervene in the execution because Hudson did not petition him for clemency and essays impacted my life, there are no legal challenges pending. On Value Of Games And Sports! The dispute over the driveway shared by Hudson and the Cole brothers began after Hudson's father sold a parcel of land to the Coles five miles from the North Carolina border, Hudson's attorney, Buddy Ward, said. Essays On Who My Life! Mr. Ward said Hudson maintained the masculinity essay right to use a road that ran through the Coles' property to college essays, get to his home, but he frequently complained that the Coles were not taking care of masculinity titles it. Former Halifax Commonwealth's Attorney John Greenbacker, who prosecuted the case, said the essays Coles were driving along the road on July 3, 2002, when they encountered Hudson's truck blocking the way. A farm worker testified that Hudson and Thomas Cole exchanged words, then Hudson grabbed a 12-gauge shotgun out of his truck and shot Walter Cole, who was sitting in construct well the front seat.
Thomas Cole tried to flee, but tripped and fell in a ditch. Hudson shot him in the back of the head. Mr. Greenbacker said Hudson then drove to Thomas Cole's house next door and found his wife, Patsy, working in the garden. A neighbor testified that Mrs. Cole called out to Hudson and Hudson opened fire. He drove off and was arrested after a 23-hour manhunt. Hudson refused to allow Mr. Ward to call any witnesses at college essays on who, his trial. He was convicted of journal research paper two counts of capital murder for killing the Cole brothers, and one count of first-degree murder for killing Mrs. Cole.
Walter Cole owned the essays on who impacted my life South Boston Livestock Market for more than 20 years and was president of the research paper Percheron Horse Association of Virginia. He also was a cattle and tobacco farmer. Thomas Cole was a retired plant manager for Burlington Industries, and Mrs. Cole was a retired medical lab technologist. Essays On Who My Life! Hudson's execution was the fourth in Virginia this year and the 93rd since the state resumed executions in 1982 after a 20-year hiatus. A single driveway connected James Hudson's home and the home of Linda and Walter Stanley Cole to State Route 658, known as Virgie Cole Road. On the day of the murders, Cole and his brother were preparing for the Scottsburg July Fourth parade, where he had long participated with his horse-drawn wagon, when the shootings occurred. On July 3, 2002, Stanley, 56 and research paper, his brother, Thomas Wesley Cole, 64, were riding in impacted my life a truck on the driveway towards Hudson's home when they encountered Hudson's vehicle stopped in the middle of the writing essay format driveway facing them. Wesley, the driver, stopped the truck and got out. Hudson and Wesley stood at the driver's side of the truck and college essays impacted my life, talked for a few minutes. Wesley then got back into hollow essay the truck and college, began driving down the road, when according to an eyewitness, Hudson took a 12-gauge shotgun from his vehicle.
Then, the eyewitness heard Wesley ask Why do you shoot . . . why do you shoot us, as Hudson fired the journal of scientific paper shotgun through the front windshield of Wesley's truck. College Essays On Who Impacted! The eyewitness heard more shots as he ran to get help. A neighbor then saw Hudson drive around the front of the Coles' home and short on value, stop in the driveway beside the garden where Patsy Ayers Cole, 64, Wesley's wife, was working. College Essays! The neighbor saw Hudson get out of writing outline format his truck, take a shotgun from the essays my life back of his truck, and raise the gun. Masculinity Essay Titles! Patsy Cole, seeing Hudson, asked What are you doing? Hudson shot her, climbed back into his truck, and drove away. College My Life! After the written shootings, Hudson returned to his home where he parked the truck, got more ammunition, and left in another truck. College Essays On Who! Hudson telephoned his sister-in-law and of scientific submission, stated that he had done some shooting. When police officers arrived in response to a call from the Coles' neighbor, they found Patsy Cole's body and subsequently discovered the college essays on who impacted bodies of Stanley and Wesley Cole. Patsy died from a hemorrhage caused by construct well thesis a shot that penetrated the vital organs of her chest and abdomen.
Stanley Cole's body was found in the passenger's side of the truck slumped over towards the college essays on who impacted my life middle of the cab. Stanley had sustained multiple pellet wounds to his head and neck and a fatal shotgun wound behind the left ear measuring approximately two and one half inches wide. European Journal Research Paper! Two expended 12-gauge shotgun shells were found on the driveway near the driver's side door of Wesley Cole's truck. College Essays Impacted My Life! There were shotgun blasts to the center, front windshield, rear windshield, and passenger door of the truck. Wesley's body was found lying in a ditch approximately five yards from the rear of the truck. Essay On Value Of Games In Life! He apparently suffered a nonfatal gunshot wound to his right arm inside the impacted my life truck before fleeing the haley truck in an attempt to escape. Wesley sustained a fatal gunshot wound to impacted my life, the head. Construct Well Statement! The Halifax County Sheriff's office obtained warrants for Hudson's arrest that afternoon and apprehended Hudson the essays my life next day without incident. At the time of the arrest, Hudson had a 12-gauge semi-automatic shotgun and a pistol in his truck. Subsequent analysis determined that Hudson had used that shotgun and Number 00 Buck pellets to kill the Coles. Proceedings In September 2002, a grand jury indicted Hudson for the capital murder of Stanley Cole and of games and sports in life, Wesley Cole, the capital murder of Wesley Cole and college my life, Patsy Cole, and the capital murder of Stanley Cole and Patsy Cole in the willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction.
Hudson was also indicted for the first-degree murders of Stanley Cole, Wesley Cole, and Patsy Cole, and essay on roots by alex, six counts of unlawfully and feloniously using a firearm in the commission of a felony. Pursuant to a plea agreement, Hudson pled guilty to the capital murder of Stanley Cole and Wesley Cole, the first-degree murder of Patsy Cole, and two counts of unlawfully and college, feloniously using a firearm in the commission of european journal paper a felony, and the Commonwealth agreed to decline to prosecute the remaining charges. After determining that Hudson's pleas of guilty were freely, intelligently, and college impacted my life, voluntarily made, the trial court accepted the guilty pleas. Essay By Alex! At the college essays impacted sentencing hearing, the Commonwealth sought the death penalty based on the aggravating factors of vileness and future dangerousness. The Commonwealth presented the pre-sentencing report, victim impact statements, the testimony of Hudson's brother, and the testimony of european paper various persons affected by the loss of the on who impacted Coles. Hudson refused to present mitigating evidence and construct well thesis, instructed his attorney not to do so. The trial court found that the evidence in impacted my life this case supported a finding of both vileness and future dangerousness. Based upon this finding, the trial court imposed the penalty of journal research paper submission death because Hudson had a history of significant criminal activity; showed no evidence of extreme mental or emotional disturbance, lack of mental capacity, or history of mental retardation; and essays impacted, had engaged in deliberate, execution-style murders that were cold-blooded, pitiless, [and] senseless slayings. The trial court also commented that Hudson showed no remorse, justification, or motive for killing innocent people. On May 12, 2003, Hudson signed a waiver of his right to appeal his death sentence. On that same date, the writing essay outline trial court conducted an college impacted, evidentiary hearing to determine whether Hudson's waiver of his right to appeal was proper.
The court entered an order on May 19, 2003 based upon a finding that Hudson knowingly, voluntarily, and intelligently waived his right to appeal. James Hudson, VA. EXECUTED -- OUR THOUGHTS AND PRAYERS GO OUT TO THOSE WHO SURVIVE HIM. August 18, 2004 9 p.m. EST. The state of Virginia is well written statement, scheduled to execute James Hudson, a white man, Aug. 18 for the 2002 deaths of Walker Cole, Thomas Cole and his wife Patsy Ayers Cole, in Halifax County. James Hudson plead guilty, presented no evidence at trial, and has declined to pursue his state and college essays on who impacted, federal appeals. Apparently the construct well written statement murders were the on who result of an ongoing family feud. Since 1976, when executions were reinstated, 919 people (primarily male) have been executed.
104 have resigned themselves to be executed, which is approximately one out of every nine executions. Writing Outline! “State-assisted suicide,” “suicide by governor,” and “a smart move” are how these volunteer executions have been described. There are several reasons why a person might effectively ask to be executed. The desperation of mental illness underscores many of these decisions, as does guilt, the sub-human conditions of death row, and an exhaustion with the criminal justice system. Eleven percent of all executions are voluntary. That is not justice. How much evidence is needed before the college on who United States of America decides to on roots, join the majority of essays on who global citizens and winkle and the legend hollow essay, abolish the death penalty. We have a broken system, full of broken people. Killing them, bringing more violence into essays impacted this world, can not be the answer. Please demand justice. James Hudson will be executed at 9 p.m. EST.
Please keep him, his family, and format, the families of Walker, Thomas, and Patsy Cole in college on who my life your thoughts. James Hudson plead guilty to one count of capital murder one first-degree murder charge in the deaths of brothers Walter Stanley Cole and Thomas Wesley Cole, and his wife Patsy Ayers Cole. All three were killed on July 3, 2002 from shotgun blasts at close range. The murders were attributed to long standing animosity between Hudson and the Cole family who were his neighbors. Hudson was found guilty, and after refusing to winkle and the essay, present mitigating evidence, he was sentenced to college essays on who my life, death.
On May 12, 2003, Hudson signed a waiver of his right to appeal his death sentence. Virginia law, however, requires that the Virginia Supreme Court review the masculinity essay titles sentence. Hudson's death sentence was affirmed by the Virginia Supreme Court on essays on who impacted my life January 16, 2004. Hudson has been on Virginia’s death row since April 17, 2003. Hudson is scheduled to be executed by the Commonwealth of Virginia on August 18, 2004. murder, 3 counts. Victims: Walter Cole, Thomas Cole, Patsy Cole. Murderer: James Hudson. Date and Location of Murders: July 3, 2002, Halifax County.
Aggravating Factor: Multiple homicides. On Roots By Alex Haley! Execution Date: August 18, 2004. PRichmond Times-Dispatch - April 18, 2003 (Page B2) SLAYINGS BRING DEATH PENALTY; 3 VICTIMS' FAMILIES CHEERED SENTENCE, by JAMIE C. RUFF. A Halifax County circuit judge yesterday sentenced James Bryant Hudson to death for the shotgun slayings of three people. In imposing the sentence, Judge Leslie Osborn said, The killings were cold-blooded, pitiless, senseless slayings. Onlookers and college impacted, family members cheered as the judge issued the sentence. Linda Cole, wife of Stanley Cole, said family members had hoped for the death sentence. By Alex Haley! This is what we wanted. . Essays On Who Impacted My Life! I'm happy, and it restores my faith in construct well the judicial system that he could do that, she said. In early February, Hudson, 55, pleaded guilty to capital murder in the deaths of brothers Walter Stanley Cole, 56, Thomas Wesley Cole, 64, and his wife, Patsy Ayers Cole, 64. The shootings took place on July 3 in a driveway that Stanley Cole shared with Hudson and over which the men were constantly in dispute.
Cole apparently was preparing for the Scottsburg July Fourth parade, where he had long participated with his horse-drawn wagon, when the shootings occurred. Stanley Cole owned the South Boston Livestock Market for more than 20 years and was president of the Percheron Horse Association of college impacted Virginia, as well as being a cattle and tobacco farmer for more than 30 years. Wesley Cole had retired from Burlington Industries as its Clarksville plant manager and was president of the Hyco Road Ruritan Club. Patsy, his wife of 46 years, was retired from Halifax Regional Hospital, where she was a medical lab technologist. On Tuesday, about 150 people filled the courtroom expecting to see Hudson sentenced and to hear friends and on value of games and sports, family recall relationships with the college essays my life Coles and how their deaths have affected them. But Osborn put off deciding between life in prison or death - the only choices for statement, someone convicted of capital murder - until yesterday so he could review some additional material concerning this very important matter. Besides being sentenced to impacted, death for the slayings of the Cole brothers, Hudson also was sentenced to construct well written, life in prison for the first-degree murder of Patsy Cole, and five years on each of two firearm charges.
Commonwealth's Attorney John E. Greenbacker Jr. asked for the death sentence, noting the unmitigated, unjustified, unreasonable meanness Hudson showed. Wesley was driving a pickup truck with his brother as a passenger and pulled over as they encountered Hudson's truck on the driveway, Greenbacker said. After the college essays on who impacted men exchanged words, Hudson went to his pickup and returned with a shotgun. Hudson shot Stanley Cole in on roots the head as he sat in college essays on who the truck. Wesley tried to flee, but he fell in a ditch and statement, was shot in the head.
His last words, Greenbacker said, were, Why are you shooting at us? Then Hudson drove around the house where he found Patsy Cole working in college on who my life her vegetable garden. She asked Hudson, What are you doing? and he shot her, a neighbor testified. Hudson drove off and was arrested after a 23-hour manhunt. Hudson and Stanley Cole had a strained relationship. Shortly after the slayings, neighbors described Hudson as a difficult man who disliked Cole and masculinity essay, anyone who liked him. Linda Cole, Stanley's wife of 30 years, said her husband had tried to stem the friction by telling Hudson, That driveway would be there after they were dead and gone and there was no reason to argue over it. College Essays On Who My Life! Stanley loved farming and looking after his prized Percheron horses. Journal Of Scientific! His wife testified that they both had worked hard, but had started planning for essays on who impacted, their retirement. But Linda Cole said that since her husband's death she has had to sell the essay by alex tools he had acquired over the years and his beloved horses.
My life has changed, and not because I wanted it to, she said. Every day my life is different. . My life is nothing like it used to be. College Essays Impacted! Nothing. Hudson Executed; Convicted Triple Murderer Pronounced Dead At 9:07 P.M. European Of Scientific! Wednesday, by Keith Strange. College Essays On Who My Life! Maintaining his silence until the very end, James Bryant Hudson declined to by alex haley, make a final statement before he was put to death Wednesday night. Hudson was pronounced dead at 9:07 p.m. after receiving a lethal injection at the Greensville Correctional Center in Jarratt, Va. Led by guards from a holding cell just a few feet from the Death Chamber where he had been kept for the last four days, Hudson looked toward the ground as he shuffled to essays impacted my life, a stainless steel table where the injection would be administered. He entered the essay on roots Death Chamber at 8:56 p.m. Although guards were on each side of him with hands under his arms, Hudson appeared to walk on his own toward the table.
Wearing a light blue button-down shirt, prison-issued blue jeans and brown slippers, Hudson's grey hair appeared neatly trimmed and combed. With 16 officials in the execution chamber, Hudson was placed on the gurney and immediately surrounded by six members of the Execution Team, who strapped him to the table. College Essays! Two other members of the Execution Team watched Hudson intently as he was shackled to the table with leather straps binding both ankles, his thighs, chest, waist and winkle and the legend, wrists. Hudson was not accompanied by his attorney or any spiritual advisor. According to prison officials, no family members were present during his final hours. Hudson's final meal was a cheeseburger, french fries with ketchup, a tossed salad and saltines. It was served at 4:45 p.m. David Bass, regional manager for college essays impacted, the Department of Corrections, said Hudson had declined any spiritual advisors or legal representation prior to masculinity essay, his execution. Mr. Hudson had no visitors, he said. He didn't wish to college impacted my life, see anyone.
A blue curtain was drawn blocking the view of the witnesses while IV tubes were placed in each of Hudson's outstretched arms. Hollow Essay! As the curtain was opened, Hudson's hands were bound flat to the table with ace bandages and college on who impacted my life, medical tape and well written statement, tubes ran from each arm. Following these preparations, Warden Gene M. Johnson asked Hudson if he had any last words to which Hudson said clearly, No sir. Hudson, 57, pleaded guilty and was sentenced to death for the shotgun deaths of brothers Walter Stanley Cole, 56, and Thomas Wesley Cole, 64, and Wesley's wife, Patsy Ayers Cole, 64, outside their Virgie Cole Road home on July 3, 2002. The murders were allegedly the culmination of a long and acrimonious dispute over a shared driveway, according to court testimony. Under the terms of a plea agreement, Hudson was found guilty of the capital murders of on who impacted my life Stanley and Wesley Cole and of games, the first degree murder of college essays my life Patsy Cole. Characterizing the rip van winkle and the legend execution-style murders as cold-blooded, pitiless (and) senseless, Judge Leslie M. Osborn sentenced Hudson to death on college on who my life April 17, 2003. Hudson signed a waiver refusing to allow his attorneys to appeal his death sentence on May 12, 2003. Construct Well Written Statement! Three injections were administered manually Wednesday night by Execution Technicians behind a second blue curtain, the first injection rendered Hudson unconscious. During a briefing prior to essays on who, the execution, Bass said the second injection would stop Hudson's breathing. As this injection was administered, Hudson appeared to gasp for and sports in life, breath and his bound hands moved as he seemed to attempt to clench his fists.
It was 9:03 p.m. The final injection was administered to stop his heart. He was pronounced dead at 9:07 p.m. Hudson spent 490 days on Virginia's Death Row. He was the fourth person to be executed by the state this year. Linda Cole's Statement: Linda Cole, wife of murder victim Stanley Cole, issued the following statement on Wednesday's execution of James Bryant Hudson to The Gazette-Virginian: On July 3, 2002, James Bryant Hudson murdered my husband Stanley, my brother-in-law Wesley, and my sister-in-law Patsy Cole. On that day, our lives changed forever. On that day, the man I had spent 30 years with was gone.
He was the love of my life, my friend, my partner, my advisor. We talked about each day at dinner and when I enter my house now, it is silent and empty. Impacted! Bryant (Hudson) also took the guide through life for my children and the teacher from journal of scientific research my grandchildren. Wesley and Patsy were wonderful people. We were a close family and were really enjoying each other since they had built a new home and moved next door to Stanley and college impacted my life, me. They had worked hard all their lives, retired, and short essay of games, were enjoying their new home and their retirement when their life was ended. Patsy and Wesley played a big part in their children's and grandchildren's lives. Their lives will always have a gap that cannot be filled by anyone else. I have always believed in capital punishment.
I never thought that my family and I would be in the situation to witness it first-hand, but how much can one man be allowed to do to one family without paying the college my life ultimate price, his life? I regret that he has only one life to give for the three he took. Hudson Gets Death Penalty For Killing Cole Family. HALIFAX — James Bryant Hudson, who in February pled guilty to the murder of brothers, Stanley and Wesley Cole and Wesley Cole's wife, Patsy, was sentenced to death on Thursday morning as a packed courtroom awaited the essay outline format sentencing verdict from Halifax County Circuit Court Judge Leslie Osborn. Osborn had announced at the close of testimony in the sentencing phase of the trial on Tuesday that he wanted more time to on who impacted, study any mitigating evidence he might have heard that day before sentencing Hudson. Noting that Hudson would not allow his attorney, Public Defender Buddy Ward to offer any witnesses or testimony to rebut what the court heard on Tuesday and furthermore that Hudson himself, when asked if he wanted to make any statement to european of scientific submission, the court, refused to do so, Osborn explained that he wanted to college essays on who, study the case further. On Thursday morning Osborn cited a number of cases in which the death penalty had been given, and said he found none more “outrageous, inhumane and thesis statement, horrible” than that involving the Coles' slayings. He sentenced Hudson to death for the capital murder of Wesley and Stanley Cole, while adding a life in prison without parole sentence for Hudson in the murder of Patsy Cole. On three charges of the college impacted my life use of a firearm in the commission of a felony, Hudson was given three five year prison terms.
He was further ordered to pay to the Cole families $23,099 for funeral expenses and essay on roots, $7,000 for damages to the truck owned by essays on who Wesley Cole. Osborn set Hudson's execution date as October 28, 2003 although he noted the defendant is automatically entitled to appeal the sentence which could delay the journal paper submission execution date. Hudson was ordered to be sent to Greensville Correctional Center to await his execution. Osborn also appointed Ward to continue serving as Hudson's attorney throughout any appeal he might seek. The judge explained that in setting the death penalty he had to consider two factors: depravity of mind and future dangerousness. College Essays On Who Impacted My Life! Referring to construct well written, the later, future dangerousness, Osborn pointed out college on who impacted my life, that Hudson already had a criminal record. Two instances of that were borne out in Tuesday's testimony when Hudson's own brother, State Trooper Kenneth Hudson told the court that in 1991 his brother had acted in a very violent manner toward him and his father. Trooper Hudson said his brother had pulled a knife on them at the home place and was so violent that he and his father left and never returned to the family farm.
The second incidence came when Hudson attacked Linda Cole in 1992 as she tried to move a mobile home she had purchased from Hudson's father. At that time Hudson struck her in the chest so forcefully that she suffered from a spinal injury that required two years of medical and masculinity essay titles, chiropractic treatment. Citing depravity of mind, the impacted my life judge said the killings were so ultimately senseless and violent and totally unprovoked. He noted that Hudson had never made any statement of remorse to officers or probation officials. “You stood mute before this court when asked if you had any statement to make,” the written thesis statement judge told the defendant. Although the judge had cautioned members of the audience, mostly family and friends of the Coles to remain quiet and to show no emotion when the verdict was announced, a loud cheer went up inside the courtroom when he announced the death penalty for Hudson. Just as he had done throughout the college essays on who my life various hearings, Hudson showed no emotion whatsoever when the sentence was announced. He was quickly escorted from the courtroom by european journal several members of the Halifax County Sheriff's Department. Hudson v. Commonwealth , 590 S.E.2d 362 (Va. College Essays On Who Impacted! 2004) (Direct Appeal). Background: Defendant pled guilty in the Circuit Court, Halifax County, Leslie M. Osborn, J., to two capital murders, first-degree murder, and two counts of unlawfully and feloniously using a firearm in the commission of essay on roots by alex haley a felony and college essays on who impacted, was sentenced to death. Holding: On review of the death sentence imposed the Supreme Court, Elizabeth B. Lacy, J., held that trial court imposition of short on value in life a sentence of death was not imposed under the influence of passion, prejudice or any other arbitrary factor and essays impacted, was not excessive or disproportionate to the penalty imposed in similar cases.
Affirmed. James Bryant Hudson received a death sentence upon pleading guilty to a charge of capital murder for the willful, deliberate, and premeditated killing of more than one person as a part of the same act or transaction. Code § 18.2-31(7). Although Hudson waived his right to appeal, Code § 17.1-313 requires that we review the imposition of the death sentence to determine whether the death sentence was imposed under the titles influence of my life passion, prejudice or any other arbitrary factor and whether the death sentence is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant. Rip Van Legend Hollow! Pursuant to college essays on who, established principles of outline format appellate review, we recite the facts in impacted my life the light most favorable to the Commonwealth, the party prevailing below. Commonwealth v. Bower, 264 Va. 41, 43, 563 S.E.2d 736, 737 (2002).
A single driveway connected Hudson's home and the home of Linda and Walter Stanley Cole to State Route 658, known as Virgie Cole Road. On July 3, 2002, Stanley and his brother, Thomas Wesley Cole, were riding in a truck on rip van winkle essay the driveway towards Hudson's home when they encountered Hudson's vehicle stopped in the middle of the driveway facing them. Wesley, the driver, stopped the truck and got out. Hudson and Wesley stood at the driver's side of the truck and talked for a few minutes. Wesley then got back into the truck and began driving down the road, when according to an eyewitness, Hudson took a 12- gauge shotgun from his vehicle.
Then, the eyewitness heard Wesley ask Why do you shoot . why do you shoot us, as Hudson fired the college on who my life shotgun through the front windshield of Wesley's truck. The eyewitness heard more shots as he ran to get help. Essay Of Games! A neighbor then saw Hudson drive around the front of the Coles' home and stop in the driveway beside the garden where Patsy A. College Essays On Who My Life! Cole, Wesley's wife, was working. The neighbor saw Hudson get out of his truck, take a shotgun from the back of rip van hollow his truck, and raise the gun. Patsy Cole, seeing Hudson, asked What are you doing?
Hudson shot her, climbed back into his truck, and drove away. After the shootings, Hudson returned to college essays my life, his home where he parked the truck, got more ammunition, and left in another truck. Hudson telephoned his sister-in-law and stated that he had done some shooting. When police officers arrived in response to a call from the Coles' neighbor, they found Patsy Cole's body and subsequently discovered the bodies of Stanley and short essay on value in life, Wesley Cole. Patsy died from a hemorrhage caused by a shot that penetrated the vital organs of her chest and abdomen.
Stanley Cole's body was found in the passenger's side of the truck slumped over towards the middle of the cab. Stanley had sustained multiple pellet wounds to his head and college on who impacted my life, neck and a fatal shotgun wound behind the writing left ear measuring approximately two and impacted my life, one half inches wide. Two expended 12-gauge shotgun shells were found on the driveway near the driver's side door of Wesley Cole's truck. There were shotgun blasts to the center, front windshield, rear windshield, and passenger door of the truck. Masculinity Titles! Wesley's body was found lying in a ditch approximately five yards from the rear of the truck. He apparently suffered a nonfatal gunshot wound to his right arm inside the essays on who truck before fleeing the truck in essay an attempt to escape. College On Who My Life! Wesley sustained a fatal gunshot wound to the head. The Halifax County Sheriff's office obtained warrants for well thesis statement, Hudson's arrest that afternoon and apprehended Hudson the next day without incident. College Impacted My Life! At the time of the arrest, Hudson had a 12-gauge semi-automatic shotgun and on value of games in life, a pistol in his truck. Subsequent analysis determined that Hudson had used that shotgun and Number 00 Buck pellets to kill the Coles.
In September 2002, a grand jury indicted Hudson for the capital murder of Stanley Cole and essays, Wesley Cole, the capital murder of Wesley Cole and Patsy Cole, and masculinity essay, the capital murder of Stanley Cole and Patsy Cole in violation of Code § 18.2-31(7) (the willful, deliberate, and college impacted my life, premeditated killing of more than one person as a part of the same act or transaction). Hudson was also indicted for the first-degree murders of Stanley Cole, Wesley Cole, and Patsy Cole, Code § 18.2-32, and six counts of unlawfully and outline, feloniously using a firearm in the commission of college on who a felony, Code § 18.2-53. Pursuant to a plea agreement, Hudson pled guilty to the capital murder of Stanley Cole and Wesley Cole, the first-degree murder of Patsy Cole, and two counts of unlawfully and rip van and the hollow essay, feloniously using a firearm in essays on who impacted my life the commission of a felony, and the Commonwealth agreed to nolle prosequi the remaining charges. After determining that Hudson's pleas of guilty were freely, intelligently, and voluntarily made, the trial court accepted the guilty pleas. At the sentencing hearing, the written statement Commonwealth sought the death penalty based on the aggravating factors of vileness and future dangerousness. The Commonwealth presented the college essays on who presentence report, victim impact statements, the testimony of Hudson's brother, and the testimony of various persons affected by the loss of the on roots by alex Coles. College Essays On Who My Life! Hudson refused to present mitigating evidence and instructed his attorney not to masculinity titles, do so. The trial court found that the college essays my life evidence in and the essay this case supported a finding of both vileness and future dangerousness. Based upon this finding, the trial court imposed the penalty of death because Hudson had a history of significant criminal activity; showed no evidence of extreme mental or emotional disturbance, lack of college essays on who impacted mental capacity, or history of mental retardation; and had engaged in deliberate, execution-style murders that were cold-blooded, pitiless, [and] senseless slayings.
The trial court also commented that Hudson showed no remorse, justification, or motive for killing innocent people. On May 12, 2003, Hudson signed a waiver of journal of scientific paper submission his right to appeal his death sentence. On that same date, the trial court conducted an evidentiary hearing to determine whether Hudson's waiver of his right to appeal was proper. The court entered an order on May 19, 2003 based upon college essays on who impacted my life, a finding that Hudson knowingly, voluntarily, and intelligently waived his right to appeal. A defendant may voluntarily waive his right to appeal a sentence of death and instruct his attorney to refrain from essay seeking a commutation of that sentence. A defendant cannot, however, waive a review of the college essays my life death sentence pursuant to Code § 17.1-313(A) and (C) because the purpose of the review process is to assure the fair and proper application of the death penalty statutes in this Commonwealth and to instill public confidence in the administration of justice. Akers v. Commonwealth, 260 Va. 358, 364, 535 S.E.2d 674, 677 (2000).Accordingly, we review Hudson's death sentence to essay titles, determine whether the trial court imposed that sentence under the influence of passion, prejudice or any other arbitrary factor and college essays my life, whether the sentence is essay on roots haley, excessive or disproportionate to the penalty imposed in college impacted my life similar cases, considering both the crime and the defendant. Code § 17.1-313(C)(1)(2). First, we address whether the trial court imposed Hudson's death sentence under the influence of passion, prejudice or any other arbitrary factor. Code § 17.1-313(C)(1).
We find no evidence in the record indicating that the trial court ruled under such influences. We further observe that the trial court, although not mandated to do so, offered Hudson more than one opportunity to present mitigating evidence at the sentencing hearing. European Journal Of Scientific Research Submission! Hudson refused to present any such evidence. Next, we consider whether the sentence is excessive or disproportionate to college, the penalty imposed in similar cases, considering both the crime and the defendant. Code § 17.1-313(C)(2).
This Court has accumulated the records of all capital murder cases where a defendant received a death sentence as well as those where a defendant received a life sentence. Code § 17.1-313(E).
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of on who, preparing for and executing the legend essay “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for college essays on who impacted, (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in essay on roots by alex 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer.
I briefed, outlined my notes, reviewed the college on who impacted law, but still felt totally unprepared for journal research paper, upcoming exams. College On Who? This program was exactly what I needed €” the essay by alex haley tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from college essays my life 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 written thesis statement practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon on who, 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 short of games a course based on a code of rules [e.g., IRS Code in college essays impacted 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 masculinity law you need to college impacted, know should be in essay titles your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the college on who impacted my life professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to construct well written thesis statement, address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. Essays On Who Impacted? (Sounds great, until you realize you don't know what an european journal research, issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to essays on who impacted, present analysis concisely.)
Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. Winkle And The Of Sleepy Hollow Essay? A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at my life Harvard), you are probably correct. By Alex? Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is college, what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by masculinity titles phone: Not the most graceful move in the world, Morris.
I got so mad, I smashed Mommy's new titanium Stroker. College On Who? 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 rip van winkle and the of sleepy most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club.
Although a resident of essays, Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. Short Essay In Life? (OFU, Inc.) and Jett Setter personally in on who my life New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of writing outline format, his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by essays on who his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation.
5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to writing essay format, this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by on who impacted my life a third person (e.g., an legend, eavesdropper). Personal Jurisdiction €” Generally, in essays order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over winkle and the of sleepy, said parties. Said jurisdiction will be had, inter alia, where a defendant is essays on who impacted, present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at short essay on value in life the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at 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 no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to essays my life, prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in written statement the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on college a one-way street).
However, it is not proper to request an short essay on value of games in life, admission to an abstract statement of law (e.g., that allowing a minor without a license to essays impacted my life, drive is rip van winkle hollow, 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 college on who, 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. European Submission? The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 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 proceed. [Always the Steps, always the Steps €” a constant way of thinking.]
Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. College Essays Impacted My Life? 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. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable.
4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of short essay of games and sports in life, thought and on who impacted my life be time wasting to continue applying the Steps to all six, from this point on essay titles I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is college on who impacted my life, overriding , (i.e., governs the determination, no matter which party's perspective/objective is construct well statement, considered. See definition of essays impacted my life, 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; . Format? . . No.4; . . . 5; . . . College Impacted My Life? 6.] 3 = Rule re lack of personal jurisdiction and written thesis grounds for waiver thereof overrides. 4 = Rule re discovery of college essays impacted, spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override.
Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and on roots by alex haley parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to college essays impacted, state all of the law to short essay on value of games, begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of college essays on who, a logical sequence for well written, discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of college essays impacted my life, course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to well written thesis statement, mention conflict pairings here. College Impacted My Life? However, I am thinking of and short on value of games and sports guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose.
Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. College Impacted My Life? [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and written Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is college essays on who my life, minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to well written, 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 college my life, personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at outline a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the 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 due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to impacted my life, dismiss for lack of personal jurisdiction, nor at any time claims lack of essay by alex, 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 the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of essays impacted my life, personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an short, eavesdropper). [Law.] Coris' statement that she had smashed the on who impacted my life racquet was relevant for and the legend hollow essay, its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential.
Moreover, given that Coris had not yet determined to sue, her statement in the context of impacted, remarks about dinner and a hot tub seems merely casual. On Roots By Alex Haley? [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for college, an admission imposes a duty on the party served to acknowledge the existence of masculinity, facts that are not in doubt and that should not be necessary to prove at college trial. However, inter alia, it is not proper to request an admission to an abstract statement of european journal research paper, law (e.g., that allowing a minor without a license to essays, drive is negligent, per se). The statement in essay in life question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. On Who Impacted My Life? Moreover, in that negligence is a legal conclusion, the statement would appear to essay by alex haley, be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment.
A final judgment on college impacted my life the merits of a claim or cause of essay by alex haley, action generally precludes reassertion of that claim or cause of action in a subsequent suit. College On Who Impacted? Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. On Roots Haley? A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)
The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and college impacted my life articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and rip van of sleepy hollow essay other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and college on who 2001 the winkle and the legend of sleepy essay total value of RIPCORP (as the college on who enterprise was affectionately known) shares, after two splits, rose tenfold to essay, forty million dollars. Flush with their success and invincible in their avarice, the impacted my life Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by 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 writing fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the college on who impacted my life 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 well written thesis statement behalf of college impacted, RIPCORP against the corporation and the Bottomline brothers personally to gain access to masculinity titles, the books and on who records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in essay on roots by alex connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of essays, standing, failure to first make a demand on the board of directors, and failure to state a cause of action. Rip Van Legend Of Sleepy Hollow? 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for essays impacted my life, indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same.
Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and construct written 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and essays my life 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 officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in essay common law and statute, to my life, inspect corporate books and records which are relevant to a proper purpose.
Courts will determine whether a purpose is proper. On Roots By Alex Haley? A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of college my life, any class of writing, outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in essays impacted my life his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to rip van winkle and the legend of sleepy essay, procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the impacted 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). Note that in by alex haley 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 impacted plaintiff to post security for costs, unless 1) the well written plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the college on who corporation, or for amounts paid in well statement settlement thereof.
The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is college on who impacted my life, adjudged to rip van hollow, have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the college essays impacted my life above judgments, providing no deliberate dishonesty or unlawful gain on rip van winkle the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the college impacted my life question are like three questions, each to be considered separately. Masculinity? [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 college on who impacted my life sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the essay sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and impacted my life the question are implied in the three motions.
Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the of games in life action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and essays impacted 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of writing outline, each of college essays on who, Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for european of scientific, purposes of analysis.]
1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in on who impacted your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the rip van winkle complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to college essays impacted, be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to rip van winkle hollow essay, the writing phase .]
Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in college essays on who impacted my life her own name to enforce her rights as a shareholder, and/or on behalf of the masculinity titles corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the essays on who my life plaintiff is a shareholder when the well written thesis statement action is brought and when the alleged wrong to the corporation occurred. My Life? 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 rip van hollow essay, inspect corporate books and records which are relevant to essays my life, a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of on roots by alex, stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the essays my life corporation may recover damages from the officers and/or directors (present and rip van and the legend hollow essay 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 college essays on who impacted appearance of an ultra vires act for which damages may be sought. Failure to short essay and sports, first make a demand on the board. Another requirement for college my life, maintaining a derivative action is that the plaintiff demand that the short essay and sports in life 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 on who the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the construct written statement plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of essays impacted my life, 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 winkle and the legend essay, the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against essays on who my life him in masculinity essay a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is essays on who, adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in essay this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. College Essays On Who Impacted? 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 masculinity essay, have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in on who impacted my life the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of essay on value and sports, any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against essays impacted 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 writing essay 1994, by my life the terms of construct written statement, 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 college essays impacted my life bequeath the rest, residue, and masculinity essay titles remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and college essays impacted remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by well written the terms of which he increased the my life legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the construct well written statement 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the college codicil in 1999, T was drunk out of on value, his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000.
3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the essays on who impacted papers destroyed was the construct written statement original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of essays impacted my life, Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away).
When an ademption occurs, the legatee takes nothing. Death of essay titles, 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 essays on who impacted my life legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of well statement, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will.
Republication €” A properly executed codicil to my life, a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the legend of sleepy essay will so republished may have been invalid for want of college impacted, testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the haley prior will by on who implication. A will may further be revoked by means of its physical destruction. European Journal Of Scientific Research Paper Submission? Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.
Specific legacy €” A bequest of essays impacted, a particular, individualized chattel, differentiated from all other articles of the same or similar nature. Statement? It must be taken by the legatee as and college on who impacted my life where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the short natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to essays my life, take from T's estate. On Value Of Games And Sports In Life? 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 state, or the estate) that stands between him and on who my life taking from T's estate. Masculinity? B v. College On Who? Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is on roots by alex, valid and controlling.
Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in on who my life my wills toolbox will come into play. However, it would be inefficient and confusing to try to short, sort them out at college this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of rip van and the legend of sleepy essay, premises/discussion.] Step Three €” [Having declined to set forth the premises of the essays impacted my life various parties in essay by alex haley Step Two, I may as well go straight to the response. College? My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense.
B and Z's rights [This label conforms to short essay on value and sports in life, the instruction. B v. College Essays Impacted? Z might confuse. Short? But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the college essays on who my life 1994 will and made a complete disposition of european of scientific submission, T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at essays on who the time of writing outline, 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 college my life, the contrary, the fact that T in executing the construct written thesis statement codicil accurately recited the nature and extent of his property and recognized the on who my life 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 revoking the writing will. The circumstance that the college impacted original copy of the codicil was destroyed inadvertently in 2000 is construct written, thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the impacted my life rest, residue, and remainder of short essay on value of games in life, T's estate under the 1999 codicil that revived the essays impacted 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 legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from rip van and the hollow essay T's estate, as his legacy has adeemed. A disposition to essays my life, 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 of scientific equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is college impacted, not disqualified by having witnessed the now republished 1994 will. A witness to writing, a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to college essays on who impacted my life, take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Written? Therefore, presumably two other witnesses exist to college impacted, prove the will in probate. NB: Arguably S should be permitted to outline, take under the 1994 will per stirpes, even were he one of only two witnesses to the will.
The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in essays on who impacted my life having the will probated is rip van winkle legend of sleepy essay, compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing.
However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of impacted my life, Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by european journal submission one Richard Townley, Sr., U. Memphis class of college on who, 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the essay on roots by alex 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 my success. . Essays On Who Impacted? The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well.
We reiterate that the LEEWS objective for every response is european research paper, a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. On Who Impacted My Life? . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over masculinity essay, the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. College On Who My Life? A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at essay titles the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the on who impacted issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions)
Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34]
A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for masculinity titles, written analysis.
Part II consists of 35 multiple choice questions. If your examination is on who, incomplete, you should advise the instructor immediately. It is your responsibility to and the hollow essay, 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. College On Who Impacted My Life? You may not, of course, confer with or receive assistance from any other person.
Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). Well Written Thesis? When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the essays on who impacted pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and by alex 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 college on who impacted my life the space provided on the answer sheet for Part II and mark the short essay of games appropriate corresponding circles on your answer sheet to college essays on who impacted, indicate your examination number.
Do not staple the answer sheet for Part II to anything. Submission of essay, 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 essays on who first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Rip Van And The Of Sleepy Hollow Essay? Do not write your name on anything.
For this examination, unless we have specifically studied to on who my life, the contrary, you should assume the and the legend hollow 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 essays impacted my life exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. Masculinity Essay Titles? § 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 on who my life 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 masculinity titles this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of on who my life, 45 points. Essay On Value And Sports? They are not of equal weight.
A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from college on who impacted my life one of your employers. Construct Well Written Thesis? €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 the State of Swabia where most of college my life, their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into 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 rip van legend of sleepy hollow essay furniture repair that Isolde gave in college essays on who my life Prussia.
He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. Format? After receiving a letter at their shop offering the bank€™s services, Tristan and college on who impacted 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 Isolde signed the loan papers at their shop and Tristan immediately took them to on value of games in life, 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 college impacted the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. Essay Haley? First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in essays Swabia. On May 15, 2005, after Isolde failed to writing outline format, 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 essays impacted my life, register the judgment against Isolde with the United States District Court for construct well written statement, the District of college essays my life, Swabia. In conjunction that proceeding, First Commercial procured a writ of and sports, 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 college impacted Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there.
[Question/instruction] We represent Isolde. Please submit a memo to writing outline format, me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in essays on who impacted Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. European Paper Submission? 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 college on who impacted registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in journal paper Prussia. Three days after the accident, but while she was hospitalized in essays on who impacted Prussia, a private process server acting on behalf of short essay on value of games, First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to essays on who my life, me that the judgment of the federal district court in essay on roots Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. College? Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. European Research? Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of essays my life, I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Writing Essay Outline? Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. College On Who Impacted? The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in essay outline Article III of the college on who impacted my life 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 essay on roots by alex, citizenship of the parties. First Commercial is a citizen of essays impacted, Prussia.
Isolde has been living in essay Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to college impacted my life, 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. Journal Of Scientific Research Paper? However, if Isolde is found to have relocated to 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. Essays? The $100,000 judgment against by alex haley 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 my life, a state common-law claim. Short On Value Of Games And Sports In Life? Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction.
Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over college essays impacted, the person. Because this has not been litigated, it can be raised on writing essay format 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 the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for college essays impacted, establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the writing 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 college essays on who impacted the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to writing outline format, this as a forum selection clause. Essays On Who My Life? At least one student referred to it as a forum selection clause in written statement part of the answer and impacted my life a choice of law provision in another part of the same answer. Essay By Alex? Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of college on who impacted my life, this type may be attributable to sloppy reading of the paper submission facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the essays on who impacted my life 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. By Alex Haley? 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 loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the college essays on who court reads the statute literally and narrowly.
However, if a court interpreted the construct statement statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the college essays impacted my life execution of the contract. Outline? [It is probably not necessary to stretch the essays impacted my life construction of the writing essay outline format statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. College Essays On Who Impacted? 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. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in essay titles the facts for college my life, speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.]
Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of on roots haley, life, liberty or property without due process of college impacted, law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the by alex haley 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 college essays my life, the presentation.] that the long-arm statute is rip van hollow essay, sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is college on who my life, implicit in construct written statement the answer that the constitutional hurdle becomes important only if the court first accepts the college essays on who 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 rip van winkle and the hollow essay signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan.
They reached into the forum when they called First Commercial. College On Who Impacted? Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the essay on roots by alex haley fairness factors, defining €śfair play and essays on who substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on of scientific research paper submission Isolde compared to essays on who my life, the interest of First National in on roots haley litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to college essays impacted, give lectures. The interest of the construct well thesis statement forum state in adjudicating the my life dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde.
Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of construct, lack of personal jurisdiction. [Many of you neglected altogether most of the essays on who issues about short essay validity of the Prussia judgment treated in on who my life the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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Power Management on Linux Laptops and Notebooks - APM, ACPI, PMU. Since 2002 laptop and notebook manufacturers have started to switch Power Management from Advanced Power Management - APM to Advanced Configuration and Power Interface - ACPI for x86 hardware. Impacted. ACPI support for Linux Linux Kernel is now sometimes even required to boot. And for some devices e.g. WLAN chipsets it may also be necessary to be compiled into the kernel.
On the other hand Linux support for ACPI is still a work in european paper, progress. You should always use the current stable Kernel, together with the ACPI patch . APM and ACPI are mutually exclusive. But you can build them as modules and on who impacted use a boot option like. or vice versa, to check both. For more details see Linux ACPI-HOWTO and the Kernel docs in ../linux/Documentation . For hibernation and suspend to disk with recent Kernels see the software suspend section below. For Apple notebooks see the Power Management Unit - PMU section below. From the Battery-Powered-mini-HOWTO .. for writing essay Advanced Power Management - APM to work on any notebook or energy-conscious desktop, the system BIOS ROM in the machine must support the APM standard.
Furthermore, for APM to work with the Linux operating system, the system BIOS ROM must support either the 1.0 or 1.1 version of the essays on who my life, APM standard, and written thesis statement it must also support 32-bit protected mode connections. A system that supports APM 1.1 is preferred, as it provides more features that the device driver and supporting utilities can take advantage of. You may get information about the APM version with the dmesg command and in the /proc/apm file. Features of APM according to Documentation/Configure.help: The system time will be reset after a USER RESUME operation, the /proc/apm device will provide battery status information, and user-space programs will receive notification of APM events (e.g., battery status change). APM support consists of two parts: kernel support and essays on who my life user-land support. For kernel support, enable the parameters in the corresponding kernel section. Some features need special tweaking with certain machines (e.g. IBM ThinkPad) or even don't work, (TI 4000M TravelMate and the ACER 486/DX4/75 because they don't have compliant BIOSes).
Currently all distributions I know don't provide a kernel with APM support enabled. So you usually have to compile your custom kernel. Please see Kernel-HOWTO or distribution manual for essay of games in life details. The available APM options are (please see Documentation/Configure.help in the kernel source tree for more details): CONFIG_APM_IGNORE_USER_SUSPEND Just a workaround for essays on who impacted my life some NEC Versa M series laptops. CONFIG_APM_DO_ENABLE Enable APM features at boot time. CONFIG_APM_CPU_IDLE . Puts CPU in well written, power save mode, if there is essays on who, nothing to rip van legend of sleepy hollow do for the kernel.
CONFIG_APM_DISPLAY_BLANK Some laptops can use this to turn off the college on who, LCD backlight when the screen blanker of the Linux virtual console blanks the screen. Note that this is only used by the virtual console screen blanker, and won't turn off the backlight when using the construct thesis, X Window system. CONFIG_APM_POWER_OFF Turns the machine completely down, when using halt . This feature works with most laptops without problems. CONFIG_APM_IGNORE_MULTIPLE_SUSPEND Just a workaround for IBM ThinkPad 560. CONFIG_APM_IGNORE_SUSPEND_BOUNCE Just a workaround for Dell Inspiron 3200 and other notebooks.
CONFIG_APM_RTC_IS_GMT Stores time in Greenwich Mean Time format. It is in fact recommended to store GMT in your real time clock (RTC) in the BIOS. CONFIG_APM_ALLOW_INTS Resolves some problems with Suspend to my life Disk for some laptops, for instance many newer IBM ThinkPads. The utilities for userland support may be found at APMD . Construct Well Thesis. APMD is a set of programs that control the Advanced Power Management system found in most modern laptop computers. If you run a 2.2.x kernel and want to essays impacted experiment, Gabor Kuti seasons_at_falcon.sch.bme.hu has made a kernel patch that allows you to hibernate any Linux system to disk, even if your computers APM BIOS doesn't support it directly. IMHO you don't need this features if your laptop provides a function key to masculinity invoke suspend mode directly. When you first install Linux, you will probably have to recompile the kernel.
The kernel that came with your distribution probably does not have APM enabled. College Essays On Who My Life. Please see the Battery Powered Linux Mini-HOWTO by hanno_at_lava.de Hanno Mueller for detailed information. README apmd?:On laptop computers, the APM support provides access to battery status information and may help you to conserve battery power, depending on your laptop and the APM implementation. Rik Faith faith_at_acm.org has transferred maintenance of the Linux apmd package over to essay format me, Avery Pennarun apenwarr_at_worldvisions.ca and I'm finally getting around to college impacted making a release with the winkle and the, many updates we've collected since the last release back in 1996. Here's what apmd can do:
apmd(8): logs the battery status to syslog every now and then and handles background power management tasks; apm(1): a command-line tool to essays on who my life print the current battery status or suspend the computer; xapm(1x): provides a battery meter for X; libapm.a: a library for writing similar APM applications. Richard Gooch wrote: I'have had a look at masculinity titles, the beta version of apmd , and I still don't like it, because: Only supports one command to college essays impacted run at suspend time. Doesn't distinguish between user and system suspends. doesn't provide a way to disable policy (the sync() ; sleep(0) ; sync() ; sleep(1) ; sequence) Does not document extra features. And I'm not sure that what we want is a single super daemon. A collection of smaller daemons might be better, since it allows people to pick and choose. A super daemon is bloat for those who only want one small feature. Though this topic was discussed controversly Richard Gooch has put together a package suspendd at his page . Also, have a look at apmcd ( apm based crontab) at thesis statement, apmcd . A tool made by Nicolas J. Leon nicholas_at_binary9.net apmcd . Note: I didn't check whether this features are merged into one package ( apmd eventually) already.
If you have another operating system preinstalled or use another operating system at college essays impacted, the same disk, make sure there is no hibernation or suspend tool installed, which could severely interfere with Linux, e.g. it might use disk space which is occupied by Linux or vice versa. lphdisk - utility for preparing a hibernation partition for essay APM Suspend-To-Disk. lphdisk is essays my life, a Linux replacement for writing outline Phoenix's buggy DOS-only PHDISK.EXE utility, which creates and college on who my life prepares hibernation partitions for use with laptops running Phoenix's NoteBIOS. Of Scientific. Until now, Linux users had to boot to on who DOS to repair/create these partitions, and then it was painful and dangerous. ( PHDISK.EXE tends to european of scientific research submission nuke existing data if one is not careful.) The tool is available from Patrick D. College Essays Impacted My Life. Ashmore . If your machine worked with 2.0.x kernels but not with the 2.2.x series, take this advice from Klaus Franken kfr_at_klaus.franken.de : The default changed in 2.2. Search in outline, the init-scripts for college impacted my life halt and change it to essay and sports in life halt -p or poweroff . See man halt , if you don't have this option you need a newer version of halt . You may find it in the SysVinit ( package . On some new machines (for instance HP Omnibook 4150 - 366 MHz model) when accessing /proc/apm , you may get a kernel fault general protection fault: f000 . Stephen Rothwell explaines: This is your APM BIOS attempting to use a real mode segment while in protected mode, i.e. it is a bug in college essays impacted my life, your BIOS. .. We have seen a few of thesis, these recently, except all the others are in college essays on who, the power off code in writing essay, the BIOS wher we can work around it by returning to real mode before attempting to power off. Here we cannot do this. apmd-rhcn-2.4phil-1 by college on who RedHat contains an unofficial patch for shutting down the PCMCIA sockets before a suspend and patches for multiple batteries. According to essay on roots by alex Documentation/Configure.help: Some other things you should try when experiencing seemingly random, weird problems:
make sure that you have enough swap space and college on who impacted that it is enabled. pass the no-hlt option to the kernel. switch on floating point emulation in the kernel and pass the no387 option to the kernel. pass the floppy=nodma option to the kernel. pass the mem=4M option to the kernel (thereby disabling all but the european journal of scientific research submission, first 4 MB of RAM). College Essays On Who. make sure that the CPU is not over writing outline format clocked. read the sig11 FAQ . disable the cache from college on who my life, your BIOS settings. install a fan for essay outline format the video card or exchange video RAM. install a better fan for the CPU. exchange RAM chips. exchange the motherboard. PCMCIA Card Services and Advanced Power Management. (from the PCMCIA-HOWTO): Card Services can be compiled with support for APM (Advanced Power Management) if you've configured your kernel with APM support. . The PCMCIA modules will automatically be configured for college essays on who impacted my life APM if a compatible version is detected on your system. Whether or not APM is configured, you can use cardctl suspend before suspending your laptop, and cardctl resume after resuming, to cleanly shut down and restart your PCMCIA cards. Essay Titles. This will not work with a modem that is in use, because the serial driver isn't able to college impacted my life save and restore the modem operating parameters.
APM seems to be unstable on some systems. If you experience trouble with APM and PCMCIA on on roots your system, try to narrow down the problem to one package or the other before reporting a bug. College Essays Impacted My Life. Some drivers, notably the rip van and the legend of sleepy hollow essay, PCMCIA SCSI drivers, cannot recover from a suspend/resume cycle. On Who Impacted. When using a PCMCIA SCSI card, always use cardctl eject prior to suspending the system. Sometimes X windows and APM don't work smoothly together, the machine might even hang. A recommendation from Steve Rader: Some linux systems have their X server hang when doing apm -s . Folks with this affliction might want switch to essay the console virtual terminal then suspend chvt 1; apm -s as root, or, more appropiately. sudo chvt 1; sudo apm -s . My Life. I have these commands in a script, say, my-suspend and of games and sports then do xapmload --click-command my-suspend . Many (most?) BIOSes fail to on who impacted save and restore display controller chip registers, and X has no protocol to essay haley be notified of resume events, so on many systems suspend/resume is more-or-less incompatible with X. Linux Laptops has created a fix for essays on who impacted my life this problem. The new 3.0beta versions add a new feature to apmd: it can run arbitrary commands (like cardctl suspend ) when you suspend or resume your system. It also supports BIOS clocks that are set to UTC time. Lots of BIOSes fail to restore sound chip registers, so you may get a squeal of feedback when you wake up the well thesis statement, machine. A script in /etc/apm/event.d can use aumix to on who impacted my life save and restore sound mixer settings.
From the man page: Some computers, especially laptops, can wake-up from a low-power suspend to DRAM mode using the Real-time-clock (RTC) chip. Of Scientific. Apmsleep can be used to essays on who my life set the alarm time in the RTC and to go into suspend or standby mode. An interrupt from the RTC causes the computer to wake-up. The program detects this event, by waiting for a leap in european journal paper, the kernel time and terminates successfully. If no time leap occurs within one minute, or something goes wrong, the exit value will be non-zero.
Software Suspend enables the possibilty of suspending a machine. It doesn't need APM. You may suspend your machine by either pressing Sysrq-d or with 'swsusp' or 'shutdown -z (patch for sysvinit needed). It creates an image which is saved in your active swaps. By the next booting the kernel detects the saved image, restores the memory from it and then it continues to college essays my life run as before you've suspended. Essay On Value In Life. If you don't want the previous state to continue use the 'noresume' kernel option. In recent 2.5.x kernels SoftWareSuspend is part of the kernel. You may find it in the last section (Kernel Hacking).
Patches for 2.4.x series and user space tools are provided by college on who my life the SWSUSPEND project. ACPI stands for Advanced Configuration and masculinity essay titles Power Interface . This is a specification by essays my life Toshiba, Intel and Microsoft. Besides many other things it also defines power management. Well Statement. This is why it is often compared to APM. The ACPI4Linux project has started at the beginning of 1999.
The ACPI4Linux project is a kernel driver project aimed at implementing full ACPI support for Linux, including fan control, dock/undock detection and a WindowMaker dockable temperature meter. College On Who. You may reach it at ACPI4Linux . Linux ACPI-HOWTO by Ariel Glenn. This document describes how to compile, install, and use the ACPI driver for Linux and its associated applications. The E-AcpiPower epplet is based on and sports E-Power. College Essays On Who Impacted. It is modified to read battery status information using the new acpi kernel module, making it much more accurate and construct well written statement reliable than the old APM method. The Linux ACPI Project is committed to the development of fundamental ACPI (Advanced Configuration and Power Interface) components for Linux. This includes a generic ACPI table parser, AML interpreter, bus and college essays on who impacted my life device drivers, policy, user interface, and support tools.
TCL/TK script which allows setting the and the legend of sleepy hollow, ACPI CPU performance state using a graphical interface under Linux. ACPI Info provides the ACPI specification. Apmiser is a daemon that monitors the CPU usage patterns of your laptop and automatically switches between power-saving mode (in which the CPU is college impacted, underclocked) and normal mode, depending on whether it thinks you will need the extra CPU speed. Hollow Essay. This lets you leave your laptop in it's power-saving state without having to suffer from poor performance when you need to perform a CPU-intensive task. Apmiser currently only essays my life supports IBM Thinkpads via tpctl, but support can be easily added for any laptop that supports switching power-saving modes programmatically.
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10 Things To Do To Change Your Life Forever. In 2014 after experiencing a series of life changing events I embarked upon what I like to call a Journey of Reinvention. Full Bio. “Change is the law of life. And those who look only to the past or present are certain to on who miss the future” The one constant thing in our life is change. We cannot avoid it and the more we resist change the tougher our life becomes. Trust me, I know this because I was very skilled at deflecting change in my life. We are surrounded by change and it is the one thing that has the essay, most dramatic impact on our lives. Change has the ability to catch up with you at some point in your life.
There is no avoiding it because it will find you, challenge you, and force you to reconsider how you live your life. Change can come into our lives as a result of a crisis, as a result of choice or by chance. In either situation we are all faced with having to make a choice – do we make the change or not? I believe it is essays, always better to make changes in your life when you choose to rather than being forced to. We however cannot avoid the unexpected events (crisis) in our lives because it is rip van and the legend essay, these events that challenge our complacency in life. What we can control when we are experiencing these challenging events, is how we choose to respond to them.
It is our power of choice that enables us to activate positive change in our lives. Acting on my life our power of choice provides us with more opportunity to change our lives for the better. Essay By Alex Haley? The more opportunities we create to change our lives the more fulfilled and happier our lives become. Here are 10 things that you can do in your life that will change your life for the good, forever: Spend some time trying to college essays my life sort out essay on roots what is essays on who impacted my life, important in masculinity titles, your life and why is it important. What is it that you want to achieve in your life? What are your dreams? What makes your happy? Your meaning in life gives you purpose and essays on who impacted sets the direction of how you want to live your life. Without meaning you will spend the rest of titles, your life wandering through life aimlessly with no direction, focus, or purpose. College Essays My Life? When we were children we would daydream all the time.
We were skilled at dreaming and titles visualising what we would be when we grew up. We believed that anything was possible. As we grew into adults we lost our ability to college essays on who impacted dream. Our dreams became hidden and once we started to short on value feel like achieving our dreams was impossible. A dream board is a great way for us to start believing in your own dreams again. Seeing our dreams every day on a dream board brings our dreams to college essays my life life. Our dreams become real and titles we start to have believe in the possibility of essays on who, achieving these dreams. 3. Set Your Goals To Achieve Your Dreams.
Once you know what is important in your life and what your dream life looks like for you, you need to take action and set your long-term, medium, and short-term goals. It is acting on these goals that enable you to achieve your dreams. Remember your goals may change. Always be flexible with setting and achieving your goals as things in life change and your goals need to reflect these changes. It’s the on roots, small steps that you take that create the momentum for change to happen in your life. Regrets will only hold you back in life. Regrets are events of the past and if you spend all your time thinking about the past you will miss the present and essays impacted the future. You cannot change what you did or did not do in the past, so let it go. The only rip van and the legend hollow essay, thing you have control over now is college impacted my life, how you choose to live your present and future life. I had a heap of regrets that were holding me back in my life. I came across the construct thesis statement, “Balloon Exercise” and got rid of my regrets for good.
What is it? It’s simple — blow up as many balloons as you need. My Life? On each balloon write a regret and then let the balloon go. As the balloon drifts off into essay by alex the sky say goodbye to that regret forever. A simple and powerful exercise that works and can change how you live your life.
5. Choose Some Really Scary Things To Do And Then Do Them. This is all about you choosing to step out of your comfort zone. Public speaking is college on who impacted my life, one of the by alex, most frightening things anyone can do. I was petrified of public speaking however, I knew that I wanted to be a motivational speaker. So I joined Toast Masters to overcome my fear of public speaking. My first speech was terrible, my knees were knocking, I broke out in a sweat and essays impacted I couldn’t stop shaking. But I did it and the feeling of completing this speech, even though it was terrible was great. I chose to keep going and short essay on value now I earn a living as a motivational speaker.
I am still nervous when I get up to speak however it is an excited nervous and I love it. Make a list of scary things that you would kind of essays impacted, like to do but are too afraid to. Put a plan in place and then go do them. Essay Outline? Never stop doing scary things because if you do your life will become one of college on who impacted my life, complacency and comfort. 6. Start Living A Well-Balanced Life. Our health does not remain the same. Well Written Thesis Statement? Our physical, emotional, and spiritual state changes, as we get older. What we can control however is how we feed our minds and our bodies. Living a balanced and healthy life builds our resilience to college on who impacted my life the physical changes of our body. Exercise is the best way in which we can attain a positive and optimistic attitude toward life. Living a healthy, well-balanced life with lots of exercise is a lifestyle choice that without a doubt will give you a happier more satisfied and fulfilled life.
Its easy to masculinity ignore our fears and hope that they will go away. Unfortunately, it does not work like that. Essays? If you want to change your life, learn to master your fears so they can’t control you any longer. Our fears are only thoughts in rip van winkle legend hollow essay, our minds that are not real but over time we have become to essays on who impacted believe that they are true. Masculinity Essay? It is our fears in my life, life that stop us from living our life to the fullest. We know when our fears are controlling our lives because we feel discontent, dissatisfied and unfulfilled. Once we face our fears we take back our power to choose how we want to live our lives and when we do this we change our lives forever. The only person who is going to create change in your life is you! and to create that change you have to like you.
There will be times in writing outline, your life where you will face rejection and there will be people who will not like you that much. Accepting who you are and loving yourself helps you to move forward in your life. Putting yourself down all the time and wishing you could be better will only lead you to a life of unhappiness and discontent. Impacted My Life? Find your courage, love yourself, and step out and on value of games and sports do something crazy. Don’t worry about what anyone thinks or whether it is the right thing to do. In your heart if it feels right, act on it and go create the life you love.
Many of us tend to think that the grass is greener on the other side. Often, we get to the other side of the fence we find that this is not so. The motivation to change our lives comes from our desire to be happy. We are often so busy focusing on our pursuit of happiness that we miss the joy of actually living in the moment. Our desire to have happiness in our lives is on who, a desire of a future state not of the masculinity, present. We become so consumed with all our problems and discontent in the present we miss the precious beauty of the moment. Sitting on the beach eating an ice-cream with your best friend or partner is a moment of happiness. College On Who My Life? Appreciating and showing gratitude on a daily basis is experiencing happiness in the moment. Helping those in by alex haley, need brings joy and happiness to us.
This is what living our life in the moment is all about – don’t miss these moments because you are too busy focusing on your pursuit of happiness. 10. On Who My Life? Experience The Joy Of Learning. Writing Essay Outline? Each time you learn something new you gain more knowledge and with more knowledge comes more confidence. Learning helps us to be more adaptable and flexible to essays my life new situations. Essay Titles? Learning encourages us to college essays my life be more creative and innovative in our thinking and we are therefor more comfortable with the unknown. Reading books is a great way for us to essay on value in life learn. Essays? To fully embrace the joy of learning, never stop reading nor searching for more knowledge.
Learning gives our life meaning and this is outline, what makes our life worthwhile. You have a choice to make as to how you want to essays impacted my life change your life. Choosing to act on these 10 things will, without a doubt change your life forever. So what are you waiting for? Go do these 10 things now! But unlike money, you can#x27;t make more. You can, however, maximize each and every second you spend.
Lifehack#x27;s mission is to short essay and sports help you make enormous gains with the limited time you have. With the college essays on who my life, insights we provide, your seconds can be worth hours, and days can be worth years in value.
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Essay On An Early Morning Walk Essays and Research Papers. Morning Walk : Morning Walk : During childhood, every day my mother woke me up saying, 'Rise and . shine. The early bird gets the worm.' I didn't know then what she meant by these words. She wanted me to college impacted, be an writing format, early riser, as she believed that early risers have more time to achieve their goals. Today I understand the college essays on who, meaning of essay titles, these words, and I value the lesson that I learned. Essays Impacted? If you are an essay on roots by alex, early riser, you would know how blissful mornings can be.
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Essay: Marketing strategies – Tesla Motors. Tesla Motors is an American automobile company that designs, manufactures and markets electric cars and electric power-train components. The company was founded in 2003 by a group of intrepid Silicon Valley engineers who set out to prove that electric vehicles is the way of the future in this era of high energy costs. 1. Research and write a brief history of the company, it mission and vision statements. History: Tesla Motors was founded by a group of Silicon Valley engineers, who set out to prove that electric vehicle is college on who my life future. The first Tesla car ever to writing essay outline, hit the roads was ‘The Tesla Roadster’ in early 2008. This car had a range of going from college my life, 0 to 60mph in 3.7 seconds and it travelled 245 miles per charge. ‘Model S’, a premium sedan was then launched in 2012, which had few modifications over the earlier Tesla Roadster. Model S received numerous praises with, including ‘Car of the year’ award and a 5-star rating from the ‘U.S. National Highway Safety Administration.’ Tesla Motors is all set to launch ‘Model X’ which would be a crossover utility vehicle with style. Tesla’s aim is to outline, work with other car manufacturers and bring more electric cars on on who, road.
Tesla is essay outline working towards making increasingly affordable electric cars and making it available to the customers. Vision: Tesla’s vision is to ‘Create to on who, create the most compelling car company of the 21st century by driving the world’s transition to electric cars’. Mission: Tesla’s mission statement is to on roots by alex haley, “Move from a mine-and-burn hydrocarbon economy towards a sustainable, solar electronic economy”. 2. Identify the key elements of Tesla’s marketing strategy with reference to the 4 Ps and essays my life discuss the marketing management orientation(s) that guide the company y’s marketing strategy. Tesla is a very expensive car which costs about $100,000 or more.
Tesla is essay on value in life using very creative marketing strategies to college essays on who impacted, flip over the auto industry business model. Following are the key elements for Tesla’s marketing strategy: a. Limited Production/Price: Tesla is known most for essay, the innovative technology i.e. ‘Green Tech Business’ and manufacturing excellence. Tesla Motors make very limited quantity of cars, and college essays on who impacted the major cause for that is hidden in Tesla’s Mission Statement. They don’t see themselves to on roots, be a mass-builder car company until next decade. For now, Tesla’s production plan is college on who impacted my life not to reach household of on value of games and sports in life every single family, which is also their ultimate goal. The reason for that being first, it’s a relatively new company, and hence the costs for cars are much higher. Tesla is planning to launch Model X, that would be somewhere between $55,000 and college essays on who my life $70,000, but the average would be higher, as there would be other competitions available in the market. Tesla is planning to launch a Sedan by 2017/18 which would cost around $35,000.
The second reason is that Tesla has a gigafactory – a lithium ion battery plant under construction in Nevada, which would be fully operational by 2020. Essay On Value? The current production scale of essays on who impacted Tesla is 200,000 cars a year even if they push, but with the gigafactory in place, they would be able to construct well written thesis, produce 500,000 cars a year. b. Promotional Strategies: Tesla’s promotional strategies involve the following elements: Gasoline v/s Electric: The first and foremost tool for their promotion cannot be anything other than their innovation, which is generating an Electric car. It is impossible for on who, the manufacturers to construct well, stop explaining the advantages of electric cars, over my life, the traditional cars. And it doesn’t compromise the luxury, the speed, or the safety. In fact, it is one of the best cars. Direct-to-Customers Sales: Tesla’s one of the major marketing strategies include selling the cars directly to the customers in stores owned and essay by alex operated by college impacted them. Tesla Motors sells very expensive electric cars and essay outline format hence its marketing plan involves direct-to-customer sales.
But this strategy of Tesla has not been completely successful. Automobile dealers were not amused with this strategy, as they have no chance to earn profits from the sales of a new car or the trade-in process. Tesla is battling in separate states legally to college essays on who impacted, get a direct-to-customer sales access. Written Thesis? They have direct access to the customers in states like New York, Massachusetts, Virginia, North Carolina, Minnesota, Georgia, and Ohio. But they still hold a ban for direct selling in states such as New Jersey, Texas, Colorado, and Arizona. Service Coverage: Service is very important for customer, and Tesla is well aware of that. That’s why they have opened more Tesla Service Centers in United States then Stores and college essays impacted my life Galleries combined. Tesla has Service Centers even at the places where they don’t own a store, to ensure that their customers have access to Tesla certified technicians.vi. c. Place: Customers buy cars in a very traditional way.
They already decide what car they want to masculinity essay titles, buy. The only thing that matters is college essays on who impacted my life negotiating the price with the dealer. And The Legend Hollow? Tesla, which is essays impacted my life a new car maker company, thought that they would have a very rare opportunity on educating their potential customers about their car model if they placed their car in a traditional auto dealer gallery. That was the reason why, Tesla decided to position the stores and gallery locations at well written thesis statement high foot traffic, high visibility retail venues, like malls and shopping streets that people regularly visit with an open-minded buying mood. The product specialist at these places is college impacted my life skilled to answer about the electric cars in general. The sole agenda is to have the customers enjoy the experience of visiting, so they want to come back. Their stores are designed to be informative and interactive.vi. 3. Discuss customer relationship management and identify strategies that Tesla uses to create value for construct well, customers in order to capture value back from on who, them. 4. Describe the major trends and forces that are changing the by alex haley automobile marketing landscape and how Tesla is taking advantage and/or trendsetting in the automobile industry. The four megatrends that will shape the future of the automotive industry are: Geopolitical change and Regionalism: The world now is college on who impacted multipolar with different economic and social models.
In terms of GDP, it has been estimated that by 2025, China will be the 2nd largest in terms of economy and purchasing power, with a current growth rate of 8% annually. US will still be the strongest economy will almost double the GDP of masculinity China. And, India will hold the 3rd place with the my life current GDP of 7% annually. Also, there is winkle and the of sleepy hollow a group of heterogeneous countries known as ‘Next eleven’, which in future will join the group of college essays on who my life biggest economies, as per their current growth rate. The car sale by 2025 in N11 countries is expected to of scientific paper, show a rise of 70% compared to just 42% in the triad countries. College Essays On Who Impacted? However, the increase of outline format car sales in BRIC countries would remarkably be at 111% compared to N11 and triad countries. Regionalism is college essays impacted another important aspect which is on rise, and writing essay format bilateral trade relations are expected to become more important. Hence, Governments are increasingly influencing automotive industry, by implementing mechanisms such as loans, incentives and essays on who my life premiums.
After the economic crisis of construct statement 2008/09, countries have introduced protectionist measures, which are disguised as environmental tariffs. One such example is control on CO2 emission, which can have different target levels at different geographical and on who impacted political locations. This mechanism cause, extra costs for rip van winkle legend of sleepy essay, non-domestic automotive companies while favors the domestic automotive companies. Sustainability: Sustainability is on who impacted a very important part of public debate. People are more aware of essay titles words like ‘Global Warming’ and ‘CO2 footprint’ then they were ever before.
One of the sectors that will play a huge part in CO2 emission will be transport (29%). Hence, this will impact the automotive industry, where customers expect sustainability and environmental friendly technology from this sector. This can also be a good way for premium brands to display their innovative edge. Evolution of mobility: With the population growth and increase in college on who my life economy, the overall levels of car ownership will rise by writing 2025, as the college impacted my life time spent on mobility has almost remained constant over past decade and is expected to legend hollow essay, remain same in near future. In Future, travel growth globally will be dominated by, light duty vehicles, air travel and college essays on who impacted my life more importantly public transport.
Due the rising desire of car ownership in BRIC nations, low cost cars have been launches in past few years which are enjoying a remarkable success. On Roots? One such example is Tata Nano, which was launched in India in 2009. It is the cheapest car on the Earth. It already got its market share of 2.2% by college on who impacted 2010. In contrast, if the trends are to be observed, it is essay evident that de-motorization will soon took place.
The current students from various parts of countries and rank the car a lot below the other interests, such as laptops, communicating devices, music players, video games etc. Also, the survey results from Germany show that preferences in younger population are changing. Person owning a Premium car is perceived to be a self ‘centered and materialistic. Bikes and e-bikes are considered more attractive, in Germany and Shanghai than the carpools or public transport. Hence, there is an overall shift in the buying pattern in on who impacted the consumers toward smaller cars in terms of body and engine. Masculinity Titles? Also, for the developing countries the important factor is fuel efficiency. Changing technology: It’s a high time that automotive industry brings in wider range of on who impacted my life technology. This will serve different usage patterns arising due to mobility shift and change in regulations. Winkle Of Sleepy Hollow? Oil, Natural gas and biofuel still being at the top positions, electricity is expected to grow strongly. College On Who My Life? The major growth for EVs will be in China with the current share of 10%. One of the winkle legend of sleepy hollow essay most important technological trends in recent years has been Internet.
It has helped in globalizing the world. This trend is expected to continue, with it being a major driving force behind increasing the share of electronic related components in vehicles. The other important trend is mobile connectivity which is very important for the automotive industries, as mobile devices now can access the web directly for online navigation services. As the consumer demand is changing, they want mobile devices to essays on who my life, be unified seamlessly into information backbone for their vehicles. Tesla is surely taking advantage if we consider the shift in trends towards automotive companies. China is an emerging marker and the sales are growing with the product consumption skyrocketing. Tesla is construct well written thesis statement expecting the same rise in the sales of their car in China. As per the public records, around 14,000 electric cars have been purchased by motorists in China, which is a growth of 30% compared to last year. China plans to impacted my life, populate their highways with electric cars in near future, and Tesla is seeking to be a part of this growth.
Environment sensitivity is increasing and it is getting important for the countries to become green, and China been taking effective measure in doing so, the CEO of Tesla believes that China can become the largest purchaser of their product in several years. Also Tesla is taking advantage of Technology in their cars; they signed a contract with ATT Inc. to construct well, provide high speed wireless services to its vehicles. With the latest merge with the ATT technology, Tesla Cars now allow two way connections of service such as road side assistance and essays on who impacted stolen vehicle location. These cars also provide internet services, in-built navigation and entertainment services on a touchscreen installed in writing outline a car. Tesla I believe is also trend setting, by allowing their competitors to use their patent for their technology.
It shows that they are socially aware as well, and actually want to make electric car as the future car. Some companies produce no zero emission cars at all. Tesla believes they cannot meet the challenge alone and hence has opened the patents for in hope of spurring further innovation and adoption in EV market. 5. Where would you place Tesla within the competition? Market leader? Challenger? Follower? Explain.
Tesla has positioned itself as a challenger brand. Tesla has provided a successful electric car offering in US market and is now approaching globally. In April 2014, Tesla was number 3 in luxury brands after Mercedes and VMW in California. Tesla conquered this position by making a few powerful enemies. The car dealership market is also not very pleased, as they Tesla doesn’t have dealership networks and their showrooms are in retail malls. College On Who? It is even possible that petroleum lobby might not be happy with them as well. They are a challenger brand, because they are loud, aggressive and often cast the stone first. Writing Outline? They always ensure that they are in headlines. They will spin and attack their competitors, because they know that these market leaders won’t retaliate back because of their status and being accused of on who impacted my life bullying. They have amazing product, and their success is has acclaimed that people should copy their approach to marketing.
Tesla is heading fast towards being a market leader. The built up of Gigafactory will surely increase the production of the short essay of games and sports cars. Also the new innovations in battery with high efficiency will produce higher volume of electric cars. Tesla is putting full effort in creating innovative changes to its cars. They are also making efforts in marketing and attracting the customers. That is the reason Tesla is future if car industry. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Business essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to essays on who, help you. Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to writing essay outline, your essay question.
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