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The chronological format will allow the candidate to showcase his upward mobility in the career. It would be useful for specialist mid-level applicants. You must follow the chronological resume when. Essay. You have to portray a vertical progression in your career You more or less had a consistent career with no such big work-experience gaps in between You are planning a change of company but in similar trade. Essays Over Menagerie. The functional resume format focuses mostly on the skills of the applicant rather than his work experiences. Essays Langston Hughes. Unlike the conventional chronological format, this one ignores when where the applicant performed or learned those skills.
Itís the essays over menagerie, fact that the candidate holds those skills relevant to the specific job opening, is highlighted in the functional format. The functional format would be useful for you when- You need to create a Fresher Resume Format Templates with no previous work experience but when you are confident about your skills You have big gaps in critical langston, your career history You are looking forward to promote a particular skill set. As the name suggests, combination resume focuses on a fusion of the traditional chronological functional resumes. Such a resume would usually start with professional profile/summary of qualifications which will include your skills, abilities achievements that are pertinent to the specific job opening you are applying for- itís for the functional side. The introductory section would be followed by job experience, education (B.E) additional related sections in the reverse chronological format. Such a resume would be great when- You are looking forward to the glass menagerie highlight a well-developed relevant skill set You have mastered your art You are planning a switch to another industry.
For example, letís say you are working as an donation investment banker but you are really good at over menagerie cartoons or conceptual sketching- such artistic skills would be a wealth for advertising industry in case you are planning to turn your hobbies into your profession. Formatting a resume is essay in film, no rocket science but you have to be really strategic with the overall planning. Essays Over The Glass Menagerie. As mentioned earlier, the harley davidson research, traditional chronological approach is relevant when you are proud of the upward mobility that you have attained in your career. If you are a person with huge or at least some professional experience in your industry- the chronological style would be the proper resume format for you. The best resume format for over the glass a functional resume strategically groups the key skills abilities of the candidate in various categories to explain his eligibility expertise for some particular job. The skill-based focus will enable you to pull the prospective employerís attention on best help books, your strength which would in turn divert the focus from your absent or flawed employment record. For example, letís say you are applying for the position of a sales manager in a MNC with an essays over the glass international market- and in such a case your functional resume would stress on categories with headings like ďteam building leadership expertiseĒ, ďfluency in foreign languagesĒ etc. In some of cases, the harley, functional resume is completely devoid of the employment history.
Even if it is mentioned, it appears at the very bottom of the over the glass, resume or in benefits of organ essay, the next page to de-stress on its importance. When you are planning a combination resume , you have to essays the glass commence with your key qualifications skills. Expository Essay On Censorship Tv. You can include your career objective, expertise, accomplishments pertinent training relevant to the job application here. The strategy here is to fill up 80-85% of over the glass, your resume with your skills talents and essays, the rest 15-20 percent would be about over the glass your career history. Unlike the functional resume, you cannot omit your career history here. Make sure itís easy to read Use bullet points and adequate spacing- single spacing when you are writing about your skills under same category and double-spacing before the research paper, start of another category. Use contextual keywords relevant to your job position industry. Use formal fonts and the font size should be 14 for headings and 12 for the rest. You must use strong verbs such as ďmanagedĒ, ďhandledĒ, ďledĒ, ďadministeredĒ, ďchartedĒ etc.
Begin the resume with summary sentence so that the hiring manager can have a blue-print of your skills abilities at a glance. Include personal accomplishments if they are pertinent to over the relevant job opening. Focus on quantifiable accomplishments include facts figures. No grammar mistake or typo error is allowed in your resume. Donít use generic words like hardworking or confident- rather use ďefficient at handling big teams for crucial projectsĒ.
Donít use informal email ids in of organ essay, contact details. Donít use chronological resume when you have big gaps in your career. Donít include irrelevant personal hobbies. Essays Over. No lengthy resume. Paper. Donít lie in your resume and be honest. When you are looking for essays best resume format examples, we at template.net are ready to essay tv help you with your expert-designed resumes- whether you need a chronological one or a functional one or a combination resume. Essays Over Menagerie. Ceative Resume Templates must be drafted using a formal format and a professional tone but it may not be possible for change essay everyone to get it right. Thus one can make use of a resume format. A resume format is a detailed layout and format of essays over menagerie, a resume which can be used by those who are confused about the format of harley research, such a formal document. A resume format is divided into essays the glass sections and categories in of organ, the exact same way as needed in essays over menagerie, a resume. It gives the users a reference point of view and idea of how a professional Resume Templates must look like.
Resume formats may also be provided with the main headings like personal details, academic details, professional experience etc. for better use and help, reference of the users. What makes a resume format the best resume format is the manner in which it is drafted or framed and how much convenience it offers to the user. It must be time saving for the user to essays over use and customize and should also be self-explanatory. The following are some of the contents of essay in film tv, a resume format which truly make it Ďbestí: What is the format of a CV?(100 Words) When it comes to CV, it has to be professional. Over. There are different types of CV possible depending on the purpose of its use and the expectation of the targeted audiences. Help. Similarly, different types of CVs will have different formats. For example, CV for applying in an IT firm would be different from essays the glass menagerie a CV to apply for dissertation books a marketing company.
Instead of taking the over, risk of on semiotics, designing CV format yourself, it is better to download for sample CV collection. For example, if you download marketing resume collection, you will get a lot of Marketing Resume Format Templates and you can choose the best one that appeals to essays the glass menagerie you and fill in the details to send it out. Critical Essays Langston Hughes. What kind of Resume Should I use?(100 Words) Basically, there are four types of resume available. They are chronological, functional, combinational and targeted. Chronological resumes are most commonly used as it represents the data sequentially for the employers to find them easily at the very first glance. In case you have some lapse in your work and study, then it is better to use a functional resume to cover it up skillfully. Combinational resume must be used when you are very experienced and your work history matters more than basic data. Over. Targeted resumes are most effective and you need to expository essay tv spend more time preparing it. Download some Basic Resume Format Templates and some samples to make a perfect resume yourself.
Which Format do Most Employers Prefer for Resumes? Depending on the job requirement, different employers prefer different resume formats. If the job requirement is for freshers only, employers would like to receive chronological resumes as the over, data and best dissertation books, information about the candidate would be sequentially and over the glass menagerie, it would be easy to locate required information easily. But in the case of hiring experienced professionals, employers prefer to have functional resumes where experience and skills get the priority. But in essay on semiotics, general, employers prefer chronological resume format. Over The Glass. Therefore, you need to download different formats like IT Resume Format Templates to apply in IT firm and then based on on semiotics, the job requirements, you have to form the resume that the employers would prefer the most.
To write a resume, you have to collect all the required data and information about you in one place. Then you have to download some sample resumes and resume templates as per over the purpose of the resume. For example, if you are applying in an IT firm, you should download IT resumes or if you are applying for a post of HR, you should download HR Resume Format Templates. After downloading them, open them and start filling the in life essay, details. If there are any unnecessary headings that do not match your profile, you have to over menagerie omit and delete them. You should refer to sample resume for on semiotics checking out how exactly to fill the data and essays menagerie, information to look impressive. what are two of the Most Popular Resume Formats. In Life Essay. Out of the four different types of resumes we listed above, chronological and functional are the most popular resume formats. The Glass Menagerie. Chronological resume formats are popular among freshers or those who have light experience of a couple of critical, years. On the other hand, functional resumes are popular among experienced professionals with at least experience of working in two and over the glass menagerie, more companies.
Freshers can also use it in change in life, case the candidate has diverse skills and has done many internships in the past. Essays. There are multiple formats available in these two categories and one should download freshers and Experienced Resume Format Templates to have different variations to choose from. A chronological resume is the most used resumes in hughes, the world. In a chronological resume, everything is listed from the recent to the earliest format. For example, in academic background, your university degree would come first, followed by the college degree and then at last school qualification. Similarly, in the glass, work experience, your recent work would be listed and in essays hughes, the end, you can have your internships. This is the most preferred Writer Resumes format by the employers as it is essays over menagerie, easy for them to get a snapshot of everything very quickly in donation, their mind.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the over ďAĒ essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in best help books, place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learnsófinallyóto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for essays over, upcoming exams. This program was exactly what I needed ÄĒ the tools to confidently tackle exams in essay on censorship tv, a methodical way. ó Jan Court, Univ Texas '00. Just knowing you have a plan ÄĒ i.e., the steps ÄĒ keeps you from worrying about panic. ÄĒ Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.]
1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in essays the glass menagerie, a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Davidson Paper! Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of over the glass menagerie individual professors. There follow three examples of essay hypotheticals selected from critical essays langston hughes among the essays eight in change in life, the appendix of the essays the glass LEEWS Primer.
Following are models of the LEEWS approach to harley paper, breaking fact patterns down into units corresponding to the glass menagerie, relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at change in life essay the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to essays menagerie, present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to best dissertation, 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 Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and essays diligence can produce such responses consistently. Showing you how is critical essays langston hughes, what LEEWS is all about the glass, -- 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 best dissertation, her husband moments later by phone: Not the most graceful move in essays over, the world, Morris. Critical Essays Langston Hughes! I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the glass, the hot tub for hours.
As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. Benefits Donation! He grinned and remarked, I saw that spill, Coris. Not the most graceful move in essays the glass menagerie, the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against on semiotics in advertising, Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 ÄĒ OFU, Inc. and Setter moved for a change of essays over venue to on semiotics, Queens County. 2 ÄĒ Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home.
Another was mailed to him. [So-called nail and mail service.] 3 ÄĒ Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against essays the glass menagerie, the action. Essay! Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 ÄĒ 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 ÄĒ OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 ÄĒ Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for over menagerie, damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and davidson paper appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in over menagerie, 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) ÄĒ Generally, all information not otherwise privileged that is benefits essay, relevant to the glass menagerie, the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses ÄĒ A confidential communication between husband and wife is privileged against disclosure by change essay either spouse or by a third person (e.g., an eavesdropper).
Personal Jurisdiction ÄĒ Generally, in essays over the glass, order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Expository On Censorship In Film Tv! Said jurisdiction will be had, inter alia, where a defendant is present in essays, the state where an action is brought, and benefits of organ essay personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to essays over the glass menagerie, substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at benefits donation the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). Essays The Glass Menagerie! 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 ÄĒ 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 essays langston hughes defense will be deemed waived on appeal. Requests for admission ÄĒ A request for essays over the glass menagerie, admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on harley a one-way street). However, it is not proper to request an admission to an abstract statement of essays over the glass menagerie law (e.g., that allowing a minor without a license to drive is of organ donation essay, negligent, per se).
Res Judicata ÄĒ Doctrine that for reasons of economy, prevention of harassment, and avoidance of the glass inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion ÄĒ Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue ÄĒ Refers to the proper place for trial of best a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to over the glass, 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 ÄĒ Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is research paper, my initial perspective on how to proceed. Essays Over The Glass! [Always the Steps, always the Steps ÄĒ a constant way of thinking.] Step One ÄĒ [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature.
In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to essay, the six events/motions:] 1 = Change venue to essays over the glass menagerie, Queens County vs. keep it in essay in film tv, 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 essays the glass this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Research Paper! Therefore, the time to essays over the glass, be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to best, continue applying the Steps to all six, from this point on I shall work on each question to essays, completion before going on dissertation help books to the essays over next .] Step Two ÄĒ [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of essay transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . The Glass Menagerie! 5; . . Dissertation Books! . 6.]
3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three ÄĒ [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 the glass menagerie, unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on harley davidson paper as pivotal.] Preview of a logical sequence for discussion ÄĒ No overlap of the glass menagerie discussion apparent.
No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. Langston Hughes! It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose.
Transitory has been defined to mean that the transaction that is the subject of the menagerie action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and benefits of organ donation essay Jett Setter all reside in Queens County. The residence in the glass, New York County of Coris' mother, Doris, whose claim is best dissertation help, 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 relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and over the glass menagerie shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at hughes in hand service at a defendant's place of business, without attempting to serve the defendant at over the glass home or leave the summons and complaint with a person of suitable age and discretion at the place of essay in advertising business does not satisfy the over menagerie requirements of due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of best 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 essays complaint, and critical langston hughes interposes affirmative defenses, but never moves to essays over menagerie, dismiss for lack of change personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon over, 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 benefits donation essay no time prior to the glass menagerie, appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon essay, the taking of an menagerie appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.]
Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the benefits donation essay racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and essays over the glass a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial.
However, inter alia, it is not proper to essay on semiotics in advertising, request an admission to an abstract statement of over the glass law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is expository in film tv, of no consequence, as said request imposed no duty of acknowledgment. A final judgment on menagerie the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in paper, the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of essays the glass manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars.
Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in 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 on semiotics seats on essays the glass 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 fall of essays 2001 Meddle sought permission to inspect the over the glass 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 brothers issued a directive limiting access to donation, the books and records to over menagerie, persons cleared by essays hughes them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on the glass behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the benefits donation ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of over the glass any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to of organ donation essay, state a cause of action. Essays! 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. Change In Life! 3) Meanwhile, the essays over the glass RIPCORP board passed a resolution providing for indemnification of the directors in of organ essay, 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 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts ÄĒ Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the essays over menagerie 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 harley research paper right of the essays corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights ÄĒ Generally, shareholders have a limited right, founded in on censorship tv, common law and statute, to inspect corporate books and over menagerie records which are relevant to a proper purpose. Courts will determine whether a purpose is langston, proper. A shareholder may examine the stock book and over the glass minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the expository in film tv demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action ÄĒ Generally, a shareholder may sue the corporation in essays over menagerie, his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the expository on censorship board members are the defendants).
Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the essays menagerie plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of in life any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification ÄĒ Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is 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 essays over directors for even the in film above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is the glass, shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview ÄĒ The three motions referred to harley davidson research, by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One ÄĒ Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle.
However, the objectives relevant to a Step One analysis and essays over the glass the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to essay in advertising, be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two ÄĒ [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to over the glass menagerie, overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in change in life essay, the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of essays over action respecting each of davidson Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in over the glass menagerie, toolbox only.
Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three ÄĒ [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the change in life analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion ÄĒ No reason apparent for not proceeding chronologically. Lack of essays the glass standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in donation, her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only over the glass if the plaintiff is a shareholder when the in life action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and essays over the glass has been since long before the ski resort venture.
Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and best help records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the essays over the glass 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 ÄĒ acts beyond the purposes or powers of the benefits of organ essay corporation, and sometimes acts within the essays the glass purposes and paper powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the essays over the glass officers and/or directors (present and former) responsible for the ultra vires act(s) . Best Dissertation Help Books! Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for essays over menagerie, off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is critical langston hughes, that the plaintiff demand that the board commence the essays over menagerie 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 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 plaintiff or plaintiffs hold at benefits donation essay least five percent of any class of essays menagerie outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of harley davidson paper 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 essays the glass, the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the best dissertation help $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 essays over the glass use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in books, settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to over the glass, 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 harley davidson the part of the officer/director is over menagerie, 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 change essay behalf of RIPCORP, and a judgment obtained in over the glass, this respect cannot be indemnified against. The facts are unclear about whether the critical hughes resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the the glass Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of in life essay 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 the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of over menagerie 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 essay, indemnify against judgments obtained on essays behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions.
T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to davidson, my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and essays over bequeath the essay rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to essays the glass, his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in best, all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. Essays The Glass! In a probate proceeding the in life essay evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will.
2) T sold Swayback to a syndicate in 1997 for essays over, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the langston original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the essays over menagerie 1994 will. Discuss the rights of the various parties in in advertising, terms of essays over menagerie who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption ÄĒ Occurs when a specific legacy (defined below) is not in existence or not in change essay, the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary ÄĒ A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in the glass, 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 dissertation help books, equal proportions per stirpes . Disposition of estate ÄĒ Shall be in accordance with a decedent's last will and testament. Execution of a will ÄĒ A properly executed will implies at over least two witnesses thereto who do not stand to take under said will. Republication ÄĒ A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Harley! This is so despite the fact that the over the glass menagerie will so republished may have been invalid for want of testamentary capacity at the time of in life making. Revocation ÄĒ As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the essays over menagerie will. Specific legacy ÄĒ A bequest of critical essays langston hughes a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity ÄĒ Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the essays nature and extent of his property, and recognizes the natural objects of paper his bounty. Witness as beneficiary ÄĒ A witness to essays over the glass, 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 ÄĒ The instruction points to parties who stand to take from T's estate. Each will be in benefits essay, opposition to anyone or anything that would prevent him from over menagerie taking from T's estate. Step One ÄĒ X, Y, Z, B, and best dissertation A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two ÄĒ [Each claimant must establish that the will or codicil upon which he bases his claim is valid and essays over the glass menagerie controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three ÄĒ [Having declined to set forth the premises of the expository essay various parties in Step Two, I may as well go straight to the response. My impression is that once the essays controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an essay interesting discussion. Preview of a logical sequence of discussion ÄĒ Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense.
B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to essays, have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy.
However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the essays langston will so republished may have been invalid for want of over the glass menagerie testamentary capacity at essay the time of making. Essays Over The Glass Menagerie! The properly executed 1999 codicil republished the donation properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of essays menagerie T having been drunk when making the 1994 will. Essays Langston! There being no evidence to the contrary, the fact that T in over the glass menagerie, executing the codicil accurately recited the books nature and over the glass menagerie extent of his property and recognized the change natural objects of his bounty will establish his testamentary capacity in essays over the glass, making the critical essays langston codicil. Although a will may be revoked by over means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the benefits of organ will. The circumstance that the essays menagerie original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and dissertation help books B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the the glass menagerie 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of harley research 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 over menagerie, X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to essay on semiotics, 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 equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. Essays! A properly executed will implies at best dissertation help books least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate.
NB: Arguably S should be permitted to essays menagerie, take under the 1994 will per stirpes, even were he one of only in life two witnesses to over, 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 having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Change In Life! 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 essays A. Essays! Possibly it should be highlighted in some way, perhaps with a red star. Essays Over The Glass! I might even decide to expository essay on censorship, put it on the blank page left at the beginning. Over! (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to essay, the son, S, per stirpes . S's having witnessed the menagerie will under which he takes should not disqualify him, providing two others of the several witnesses to change in life, the will exist to essays, prove it in probate.
Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Of Organ Essay! Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students ó with professor comments! ó as what was wanted. Essays! His response received the highest grade, one of only two A+ grades.
His accompanying remarks are reprinted in the Results section. Davidson Research Paper! Inter alia (among other things), he said, LEEWS was absolutely essential to over, my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and best books perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the 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 the glass issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the on semiotics issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (ß 11 = Prof Banks, ß 12 = Prof Entman) Essays - 45 points.
Average -- ß 11 [17.2]; ß 12 [16.1]; both sections [16.6] Range -- ß 11 [3 - 42]; ß 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- ß 11 [33.70]; ß 12 [35.00]; both sections [34.36] Range -- ß 11 [18.86 - 50.29]; ß 12 [17.29 - 53.43] Total - 100 points. Average -- ß 11 [50.90]; ß 12 [51.09]; both sections [50.99] Range -- ß 11 [22.86 - 92.29]; ß 12 [26.29 - 83.00]
Average Grade - ß 11 [2.33] Both Sections [2.34] ß 12 [2.34] A+: 82 and over the glass 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 written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is critical hughes, closed book.
You may not use any material other than this examination booklet, the over menagerie answer sheet, blank paper and in advertising an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on over the glass the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in essay, the upper left hand corner.
1. Answer only the over question asked and critical langston do so with organization, precision, legibility, and proper grammar and essays over menagerie spelling. 2. On Semiotics! 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 the glass leave a left margin. Write your identification number in the space provided on the answer sheet for change essay, Part II and mark the essays over the glass menagerie appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of 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. Change In Life Essay! You must write your identification number on this exam booklet at the top of the first page and return the booklet in essays over, order that your exam answer sheet may be matched with the harley davidson research correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the glass menagerie, the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure;
2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to benefits of organ essay, the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. ß 1-1-111: A court may exercise personal jurisdiction over the glass a person (including an essay on semiotics in advertising 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 personÄôs. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the essays 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 help, this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. ß 2-2-222: In any suit brought in the courts of menagerie this State, service of process may be achieved by expository tv sending a summons and a copy of the complaint by essays over the glass menagerie registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.
The problems in donation, Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Essays Menagerie! Respond fully to the following memorandum from one of your employers. ÄúI QuitÄĚ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Dissertation Help! 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 essays Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.
Isolde was raised in Prussia and benefits donation essay 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 [ÄúFirst CommercialÄĚ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the essays over menagerie bankÄôs services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. Critical Essays Hughes! On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First CommercialÄôs main office, located ten miles away in the glass menagerie, 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 benefits of organ donation 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 over menagerie Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bankÄôs claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to on semiotics in advertising, collect the unpaid principal and interest. First CommercialÄôs attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.
First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to essays over the glass, the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and critical langston rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by essays over registered mail. She was rendered unconscious for two days. An ambulance rushed her to tv, the nearest hospital, which was located in Prussia. Three days after the over the glass accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is of organ, unquestionably valid and is enforceable in both Swabia and over the glass menagerie Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of dissertation help a studentÄôs essay that received a top grade. Commentary by Professors Banks and Entman appears in essays the glass, brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: ďIRACĒ (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (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 change in life essay issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only suggestion is that underlining or boldfacing key words in the preamble of law ó e.g., Subject matter jurisdiction in menagerie, the opening paragraph, federal diversity statute in the next ó to assist the professor in of organ donation, recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the over US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the change essay 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 essays over the glass two or three years that some students stated.] She can argue that she is of organ donation, still domiciled in essays the glass, Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see Äúif she would enjoyÄĚ life on critical essays hughes her own.
If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is essays menagerie, found to have relocated to best, Swabia with the intent of staying for over menagerie, the indefinite future, then the benefits of organ donation parties are diverse. The federal diversity statute also requires the essays the glass menagerie amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Äúfederal questionÄĚ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in expository on censorship in film tv, the plaintiffÄôs 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 essays menagerie, 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 essay in advertising rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in 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 essays over menagerie, because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over change essay her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over essays the glass menagerie an out of state defendant only if the benefits donation essay state court could do so. Essays Over! 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 dissertation help books the basis of domicile. Even though the contract included a choice-of-law provision applying the essays the glass menagerie laws of Prussia to hughes, possible disputes, that is essays menagerie, not the same as a consent provision. [A surprising number of of organ essay students referred to essays menagerie, this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the help books answer and menagerie a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and harley davidson paper not a choice of law provision.
Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to over, study of the assigned materials frequently manifests itself in a personÄôs demonstrated obliviousness to on censorship tv, important distinctions. Menagerie! Others simply didnÄôt 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. Benefits Of Organ Donation! First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the glass menagerie the basis of the first of the enumerated acts: Äúa) transacting any business within the State.ÄĚ The claim for davidson paper, relief, the $100,000 breach of contract, arises from the essays defendantÄôs act of entering into the loan contract, which First Commercial will argue was executed on expository essay on censorship TristanÄôs delivery of the loan documents to the BankÄôs main office in menagerie, Prussia. Isolde will counter that her act was signing the expository on censorship documents, which took place at over menagerie the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly.
However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of harley research paper state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. Essays Over Menagerie! The statute covers transacting business in the forum state Äúdirectly or by change essay an agent.ÄĚ Like McShara in over, Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. Dissertation Help Books! The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnÄôt know what she was signing.
Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to over menagerie, the US Constitution provides that no state shall deprive a citizen of on semiotics in advertising life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of essays state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendantÄôs minimum contacts with the forum, such that the essay in advertising assertion of over jurisdiction would not offend traditional notions of fair play and expository essay on censorship in film substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to menagerie, provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the benefits of organ donation essay Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the essays over the glass signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by expository essay in film 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 essays, 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 change essay, favor First Commercial.
In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Äúfair play and substantial justice,ÄĚ articulated in the US Supreme CourtÄôs Burger King decision? In weighing the relative burden on Isolde compared to over, the interest of First National in litigating in Prussia, it does not seem unfair to essay on semiotics, require Isolde to travel to a nearby state where she lived most of the glass menagerie her life and where she sometimes appears to hughes, give lectures. The interest of the forum state in adjudicating the essays menagerie 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 davidson research paper public policy do not seem to enter the essays over menagerie picture, so the fairness factors do not point to Prussia as an unfair forum for in film tv, Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of over the glass 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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Dodd-Frank Wall Street Reform and Consumer Protection Act. Frequently Asked Questions. In these Frequently Asked Questions (FAQs), the Division of Corporation Finance is providing guidance regarding Exchange Act Section 13(p), Rule 13p-1, and Item 1.01 of Form SD relating to essays the glass disclosure regarding the use of conflict minerals from the Democratic Republic of the Congo (DRC) or adjoining countries. Please refer to Release No. 34-67716 (August 22, 2012) for further information concerning the change in life essay Section 13(p) rule. These FAQs are not rules, regulations, or statements of the Commission, and the Commission has neither approved nor disapproved these FAQs. Rule 13p-1 states that “[e]very registrant that files reports with the menagerie Commission under Sections 13(a) (15 U.S.C. 78m(a)) or 15(d) (15 U.S.C. 78o(d)) of the critical langston Exchange Act, having conflict minerals that are necessary to the functionality or production of a product manufactured or contracted by that registrant to be manufactured, shall file a report on Form SD within the essays the glass period specified in that Form disclosing the information required by benefits of organ donation the applicable items of essays menagerie Form SD as specified in that Form (17 CFR 249b.400).” Does this requirement apply to any issuer that files reports with the Commission under Exchange Act Sections 13(a) or 15(d), including voluntary filers? Yes. The rule applies to all issuers that file reports with the Commission under Exchange Act Sections 13(a) or 15(d), whether or not the issuer is required to benefits of organ file such reports.
However, registered investment companies that are required to file reports pursuant to Rule 30d-1 under the Investment Company Act are not subject to the rule. Essays The Glass Menagerie. See General Instruction C to Form SD. Instruction 1 to Item 1.01 of Form SD states that an issuer that mines conflict minerals would not be considered to harley paper be manufacturing those minerals for purposes of the rule. Essays Over. Does this Instruction exclude all of the activities customarily associated with mining from the rule? For example, gold mining of lower grade ore often involves, in addition to mining the ore, transporting the mined ore to a processing facility; crushing and milling the ore; mixing crushed/milled ore with cyanide solution; floating cyanide mixture through a leaching circuit; extracting gold from a leached circuit; melting leached gold, which is critical essays often referred to as smelting, into ingots or bars, which are often referred to as doré gold; and transporting the doré gold to refinery for refining process.
Yes. The Glass. An issuer that only engages in those activities customarily associated with mining, including gold mining of lower grade ore, is not considered to be manufacturing those minerals. If the product that has conflict minerals necessary to dissertation help books its functionality or production is manufactured by a consolidated subsidiary of an issuer rather than directly by the issuer, is the issuer subject to the rule? Yes. An issuer must determine the origin of conflict minerals, and make any required disclosures regarding conflict minerals, for itself and all of its consolidated subsidiaries. Is an issuer that specifies that its logo be etched into a generic product that is essays the glass manufactured by a third party considered to be “contracting to manufacture” the product? No. The Commission in the adopting release stated that an issuer is not considered to langston be “contracting to manufacture” a generic product if its actions involve no more than “affixing its brand, marks, logo, or label to a generic product manufactured by a third party.” Etching or otherwise marking a generic product that is manufactured by essays the glass a third party, with a logo, serial number, or other identifier is help books not considered to be “contracting to manufacture.” If a product manufactured by an issuer or contracted by the glass an issuer to be manufactured contains a conflict mineral solely because the conflict mineral is in a “generic” component included in the product, does the issuer need to conduct a reasonable country of origin inquiry regarding the origin of the conflict mineral in the generic component?
We note that the issuer has not contracted to manufacture the generic component. Yes. Expository In Film Tv. An issuer would be required to conduct a reasonable country of origin inquiry with respect to conflict minerals included in generic components included in products it manufactures or contracts to manufacture. In this regard, there is no distinction between the components of essays over the glass menagerie a product that an issuer directly manufactures or contracts to manufacture and the “generic” ones it purchases to include in a product. An issuer manufactures or contracts to on semiotics manufacture a package or container that contains a conflict mineral, and the issuer uses the package or container in the display, transport, or sale of a product the issuer also manufactures or contracts to over have manufactured. Would a conflict mineral necessary to the functionality or production of the expository essay on censorship package or container also be considered necessary to the functionality or production of the product under the rule?
What if the container or packaging is necessary to preserve the over product until the time the product is purchased or used? No. Only a conflict mineral that is contained in the product would be considered “necessary to the functionality or production” of the product. Help. The packaging or container sold with a product is not considered to be part of the product. Once the over the glass menagerie consumer starts to use a product, the packaging is generally discarded. This conclusion is true even if a product’s package or container is necessary to preserve the usability of that product up to expository essay on censorship in film tv and following the product’s purchase. If, however, an the glass, issuer manufactures and sells packaging or containers independent of the product, the davidson research paper packaging or containers, in that circumstance, would be considered a product. Are issuers that manufacture or contract for the manufacturing of equipment they use in the glass menagerie, providing a service they sell required to report on the conflict minerals in that equipment? For example, are issuers that operate cruise lines required to change in life file reports regarding the conflict minerals in the cruise ships they manufacture or contract to have manufactured? No.
The staff would not object if issuers did not file reports on Form SD regarding the conflict minerals in the equipment that they manufacture or contract to have manufactured if that equipment is used for the service provided by the issuer and the equipment is essays over the glass retained by the service provider, is required to be returned to the service provider, or is research paper intended to be abandoned by the customer following the terms of the service. Item 1.01(a) of Form SD requires issuers only to report on conflict minerals that are necessary to over the glass menagerie the functionality or production of “products” they manufacture or contract to have manufactured, and in advertising, the staff does not interpret equipment used to provide services to be “products” under the rule. An issuer manufactures or contracts to have manufactured tools, machines, or other equipment for over menagerie, it to essay use in the manufacture of over the glass menagerie products, and those tools, machines, or other equipment contain conflict minerals. If the issuer after using those tools, machines, or other equipment subsequently sells such equipment, is the issuer required to file a report on Form SD regarding the conflict minerals in such equipment? No. Critical Essays Hughes. The tools, machines, or other equipment are not products of that issuer, and the staff will not view their later entry into essays over, the stream of commerce as transforming them into products of that issuer. Item 1.01(c)(2) of Form SD requires an issuer that manufactures products or contracts for products to be manufactured that have not been found to be “DRC conflict free” or that are “DRC conflict undeterminable” to provide a description of those products. What type of product description is required for such products? Does an issuer need to describe such products using model numbers?
Does an issuer need to say specifically that the products “have not been found to be ‘DRC conflict free’” or are “DRC conflict undeterminable”? As the Commission noted in the adopting release, the critical hughes rule permits an over the glass menagerie, issuer to change describe its products based on its own facts and circumstances because the issuer is in the best position to know its products and to describe them in terms commonly understood within its industry. An issuer is not required to describe its products using model numbers. Regardless of the manner by over the glass menagerie which an issuer describes its products, however, the description in the Conflict Minerals Report filed with Form SD must state clearly that the products “have not been found to be ‘DRC conflict free’” or are “DRC conflict undeterminable,” as applicable. If an issuer determines that the products it manufactures or contracts to manufacture contain conflict minerals from the Democratic Republic of the Congo or an adjoining country, but the products are “DRC conflict free,” is that issuer required to file a Form SD with a Conflict Minerals Report and obtain an independent private sector audit of the Conflict Minerals Report? Yes. The issuer, however, is not required to disclose the products containing those conflict minerals in its Conflict Minerals Report or provide certain other disclosures specified in Item 1.01(c)(2) of Form SD because those products are “DRC conflict free.” Instruction 3 to Item 1.01 of Form SD permits an issuer that acquires or otherwise obtains control over a company that manufactures or contracts to manufacture products with conflict minerals necessary to the functionality or production of those products that previously had not been obligated to provide a specialized disclosure report for those minerals to report on the acquired company’s products beginning with the expository essay first reporting calendar year that begins no sooner than eight months after the effective date of the acquisition. Is a similar accommodation provided for over the glass, an issuer that conducts an initial public offering?
Yes. The staff will not object if the issuer starts reporting for critical langston hughes, the first reporting calendar year that begins no sooner than eight months after the effective date of its initial public offering registration statement. Does the failure to timely file a Form SD regarding conflict minerals cause an issuer to lose eligibility to use Form S-3? No. In determining eligibility for use of Form S-3, the essays over requirement that the harley paper registrant has filed in a timely manner all reports and materials required to be filed during the prior twelve calendar months refers only to Exchange Act Section 13(a) or 15(d) reports and Exchange Act Section 14(a) and 14(c) materials. See Compliance and Disclosure Interpretation Question 115.04 under Securities Act Forms. Form SD regarding conflict minerals is required to essays the glass be filed under Exchange Act Section 13(p). Therefore, the filing of Form SD regarding conflict minerals does not impact an expository on censorship tv, issuer’s eligibility to use Form S-3. May an essays over the glass, auditor that is of organ essay not a certified public accountant perform the independent private sector audit (“IPSA”) of an issuer’s Conflict Minerals Report pursuant to the Performance Audit provisions in the U.S. Government Accountability Office’s (“GAO”) Government Auditing Standards (“Yellow Book”)? Yes, if the applicable requirements are met.
Section 1502 of the Dodd-Frank Act requires the essays menagerie IPSA of an tv, issuer’s Conflict Minerals Report to be conducted in accordance with standards established by the GAO. The GAO staff has informed the Commission staff that the Yellow Book is applicable to the IPSA of the Conflict Minerals Report, and essays over the glass, that, in addition to the general provisions of the Yellow Book, auditors are permitted to use either the essay in film tv provisions for Attestation Engagements or Performance Audits. According to the Yellow Book, although Attestation Engagements require that auditors be licensed certified public accountants, Performance Audits allow auditors, including auditors other than certified public accountants, to perform audits if they meet the applicable requirements under the Yellow Book, which can be found at essays over the glass, www.gao.gov/yellowbook. Change In Life. Therefore, an auditor other than a certified public accountant may perform the IPSA pursuant to over menagerie the Yellow Book’s Performance Audit provisions. If, after exercising due diligence on the source and chain of custody of its conflict minerals, an issuer determines that at least one of essay in advertising its products may be described as “DRC conflict undeterminable,” is the over menagerie issuer required to obtain an harley, IPSA of its Conflict Minerals Report during the temporary transition period (four years for smaller reporting companies and two years for all other issuers)? No. The Commission stated in essays over the glass, the adopting release that, during the essays transition period, issuers with products that may be described as “DRC conflict undeterminable” are not required to obtain an IPSA of their “Conflict Minerals Report.” If any of an issuer’s products are “DRC conflict undeterminable” during this period, the issuer is over not required to obtain an IPSA of its Conflict Minerals Report. If an issuer does not obtain an essay, IPSA of its Conflict Minerals Report because one of its products is “DRC conflict undeterminable,” may it describe any of essays over menagerie its other products as “DRC conflict free” in its Conflict Minerals Report? No. An issuer is not required, under the rule, to describe any qualifying products as “DRC conflict free” in its Conflict Minerals Report. The Commission stated in the adopting release, however, that an in advertising, issuer may choose in its Conflict Minerals Report to describe its products with conflict minerals sourced from the DRC or its adjoining countries as “DRC conflict free” if the issuer is able to over the glass determine that the conflict minerals in those products did not finance or benefit armed groups in that region based on its due diligence.
The rule defines due diligence as including an hughes, IPSA of the Conflict Minerals Report. Therefore, to be able to describe qualifying products in its Conflict Minerals Report as “DRC conflict free,” an issuer must have obtained an over the glass, IPSA. During the temporary transition period, an issuer has products that it manufactured or contracted to have manufactured with conflict minerals that are necessary to critical langston the functionality or production of those products. Each product is composed of essays over the glass a number of conflict minerals from different sources. Research. In its Conflict Minerals Report, how should the essays issuer describe any particular product based upon the various combinations of conflict minerals in the product? During the temporary transition period, if an issuer has a product that would qualify as “DRC conflict free” except that the product contains a conflict mineral that the issuer is unable to determine did not originate in the DRC or an adjoining country, or is unable to determine did not directly or indirectly finance or benefit armed groups in those countries, the issuer may not describe that product as “DRC conflict free.” Both during and after the temporary transition period, however, if an issuer determines that a product contains a conflict mineral that did finance or benefit armed groups in the DRC or an adjoining country, it must describe that product as “having not been found to be ‘DRC conflict free.’” Does the scope of the IPSA include the completeness or reasonableness of the issuer’s due diligence, including with respect to which products the issuer described as “DRC conflict free” or “having not been found to be ‘DRC conflict free,’” or which suppliers are covered by the due diligence measures? No. The IPSA scope is limited to the IPSA objective provided in the rule.
The IPSA objective is to express an opinion or conclusion as to essay whether the design of the issuer’s due diligence measures as set forth in, and with respect to the period covered by, the essays the glass menagerie issuer’s Conflict Minerals Report is in conformity, in all material respects, with the criteria set forth in the nationally or internationally recognized due diligence framework used by the issuer, and whether the issuer’s description of the davidson paper due diligence measures it performed as set forth in the Conflict Minerals Report, with respect to essays the period covered by the report, is consistent with the due diligence process that the critical essays langston hughes issuer undertook. The IPSA is over not required to cover any matter beyond that objective, including the completeness or reasonableness of the due diligence measures actually performed. The following diagram demonstrates the langston two distinct parts of the IPSA objective. As shown, the objective is to essays menagerie compare A to benefits essay B and C to D. Any other comparison would be outside the IPSA scope. The nationally or internationally recognized due diligence framework used by an issuer may include procedures for essays menagerie, obtaining information about a conflict mineral’s country of origin. If so, this aspect of the nationally or internationally recognized due diligence framework would encompass the reasonable country of origin inquiry requirement under the rule.
In that situation, would the IPSA also include the issuer’s reasonable country of origin inquiry? No. The IPSA does not need to include the essay reasonable country of origin inquiry because, under the rule, that inquiry is a distinct step separate from the due diligence process. As a result, the independent private sector auditor need only opine on whether the essays over the glass design of the issuer’s due diligence framework is in accordance with the davidson paper portion of the nationally or internationally recognized due diligence framework beginning after the country of origin determination. With regard to the second part of the IPSA objective, the essays issuer’s conflict minerals report is required to describe the due diligence measures it undertook. As such, the of organ essay independent private sector auditor need only opine on essays over menagerie whether the issuer actually performed the due diligence measures described in the report after the of organ donation essay issuer determined it had reason to believe its conflict minerals may have originated in the DRC or an adjoining country. A product manufactured by an issuer or contracted by an issuer to be manufactured includes some conflict minerals from recycled or scrap sources, which would not require the issuer to the glass file a Conflict Minerals Report. It also includes conflict minerals not from recycled or scrap sources, which would require the issuer to file a Conflict Minerals Report. Must the issuer provide the required disclosures about the conflict minerals from recycled or scrap sources in in film, the Conflict Minerals Report? Would the IPSA of the Conflict Minerals Report include the conflict minerals from recycled or scrap sources?
If the issuer determines that any conflict minerals in its product came from over recycled or scrap sources, the issuer must include in the body of its specialized disclosure report on in advertising Form SD the required disclosures for over menagerie, those conflict minerals. The issuer must also file a Conflict Minerals Report as an exhibit to the Form SD that includes a description of the on semiotics in advertising due diligence it performed and any other required disclosures about its conflict minerals that are not from over menagerie recycled or scrap sources. The Conflict Minerals Report would not need to include the disclosures for the conflict minerals from recycled or scrap sources. An issuer is in life essay only required to obtain an IPSA of its Conflict Minerals Report and not of the disclosures contained in the body of its Form SD. The second part of the IPSA objective is to express an essays over menagerie, opinion or conclusion as to whether the issuer’s description of the due diligence measures it performed, as set forth in benefits of organ, the Conflict Minerals Report, with respect to the period covered by the report, is consistent with the due diligence process that the issuer undertook. The “period covered by the report” is the calendar year. The opinion or conclusion expressed in the IPSA is required, therefore, to over encompass the calendar year. As such, is the issuer required to exercise due diligence constantly throughout the dissertation books entire calendar year covered by essays over the glass the Conflict Minerals Report? Could the issuer’s due diligence measures described in the Conflict Minerals Report extend beyond the calendar year? An issuer’s due diligence measures must apply to the conflict minerals in products manufactured during the harley research calendar year.
This requirement, however, does not imply that due diligence measures must be carried out constantly throughout the calendar year. It is also possible that the issuer’s due diligence measures may begin before or extend beyond the calendar year. The IPSA objective is to express an opinion or conclusion as to whether the design of the issuer’s due diligence measures as set forth in, and with respect to the period covered by, the the glass menagerie issuer’s Conflict Minerals Report is in conformity, in all material respects, with the essay criteria set forth in the nationally or internationally recognized due diligence framework used by the glass menagerie the issuer, and on semiotics, whether the issuer’s description in the Conflict Minerals Report of the due diligence measures it performed with respect to the period covered by the report is consistent with the due diligence process that the issuer undertook. Although the rule requires that the the glass menagerie issuer include in its Conflict Minerals Report a description of the harley davidson research paper due diligence it exercised, it does not require a separate description of the design of its due diligence framework. The rule indicates, however, that the over auditor must express an opinion or conclusion as to the design of the issuer’s due diligence measures “as set forth in” the Conflict Minerals Report. Does the harley research rule require that an issuer provide a full description of the design of its due diligence in its Conflict Minerals Report? No. The rule does not require an issuer to include a full description of the essays the glass design of its due diligence in the Conflict Minerals Report.
Under the in advertising rule, however, the essays over due diligence measures undertaken that are the subject of the second part of the IPSA must be described in the Conflict Minerals Report, and the description must be in sufficient detail for the auditor to best be able to essays over menagerie form an opinion or conclusion about whether the essays langston description in the Conflict Minerals Report is consistent with the process the essays menagerie issuer actually performed.