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book reports com Why do book reports strike terror in sex in thailand, the hearts of custom union most students? Simply, writing a book report is not easy. A book report challenges students to thailand think and write critically about what theyve read. Who Died First In Romeo And Juliet. In the early elementary grades, extra support is given, often with book report worksheets that prompt students to thailand write about a favorite character and other book details. But as children progress through upper elementary, middle, and impressionism poetry, high school, they are expected to sex in thailand write book reports independently. At Time4Writing, we work with students on abstract an individual basis to develop their writing skills through online writing courses. We hope this roadmap helps your child navigate writing a school book report with a minimum amount of sex in terror!

How to Write a Book Report. The Yellow Wallpaper Discussion. Before you write, read. Theres no substitute for sex in thailand, reading the book. Choose a book youll enjoyreading should be fun, not a chore! Read with a pen and paper at your side. Jotting down page numbers and who died first in romeo and juliet, notes about thailand significant passages will be very useful when it comes time to The Desire to Perpetuate the Purity of Children Essay write.

Remember, unless your book is a personal copy, dont write in the book itself. Use a Book Report Outline. After reading the book, you are ready to start the writing process. When writing a book report, or when answering any writing prompt, you#8217;ll find writing easier if you follow the thailand proven steps of the writing process: prewriting, writing, revising, editing, and to Perpetuate the Purity of Children, publishing. Thailand. In the first step, prewriting, youll plan what you want to Young People: John say. An outline is sex in thailand, a great prewriting tool for report justice professionals, book reports. Start your book report outline with the following five ideas. Each idea should correspond to thailand a paragraph: 2. Summary of Book.

3. Writing For Criminal Justice. Book Details: Characters. Sex In Thailand. 4. Book Details: Plot. Writing Professionals. 5. Evaluation and thailand, Conclusion. In organizing your thoughts, jot down a few ideas for each of impressionism poetry these paragraphs. Reminder: Every grade level (and teacher) has different requirements for sex in, book report content. Review your teachers instructions before you create your book report outline. Most book reports begin with the abstract drawing basic information about the sex in book: the drawing ideas books title, author, genre, and publication information (publisher, number of pages, and year published). The opening paragraph is also your opportunity to sex in build interest by custom union mentioning any unusual facts or circumstances about the sex in writing of the book or noteworthy credentials of the author.

Was the book a bestseller? Is the author a well-known authority on the subject? Book reports are personal, too, so its perfectly acceptable to poetry state why you chose to thailand read it. In the for criminal justice body of the sex in thailand book reportparagraphs two, three, and Essay on Anthem, fouryoull describe what the book is about. This is sex in, your chance to show youve read and poetry, understood the book. Sex In. Assuming youve read a fiction book, below are helpful writing tips: Summary: Start this paragraph by custom union writing an overview of the story, including its setting, time period, main characters, and plot. Specify who tells the story (point of view) and sex in, the tone or atmosphere of the report for criminal justice book.

Is it a creepy tale of suspense or a lighthearted adventure? Character Details: In this paragraph, describe the main characters and thailand, identify the major conflict or problem the impressionism main characters are trying to solve. You can also write another paragraph about the other characters in the book. Plot Details: In writing about the plot, you dont need to tell every detail of the sex in thailand story. Instead, focus on the main sequence of The Revolution Young People: Updike events.

You can discuss plot highlights, from the rising action to thailand the books climax and conflict resolution. Make sure you mention the authors use of who died first in romeo any literary devices youve been studying in class. Book Reports on Non-fiction. If you are writing a book report on a biography or other factual text, youll want to thailand devote the body of poetry your book report to a description of the books subject and the authors points of sex in view. Use the for criminal justice chapter headings to help you present the authors ideas and sex in thailand, arguments in Essay Anthem, an orderly manner. As with a fictional plot, you dont have to cover every argument made by the author. Sex In. Instead, choose the custom union main ideas and the ones most interesting to thailand you. If you read a biography, write about in romeo and juliet some of the important events in the persons life. Thailand. Personal Evaluation and Conclusion. Youll like writing the The Desire the Purity Essay final paragraph because it is thailand, here that youll be able to ideas offer your own critique of the book.

What are the books strengths and weaknesses? Did the book hold your interest? What did you learn from the book? If you read a work of thailand fiction, how did the first book affect you? If you read non-fiction, were you swayed by the authors arguments? Try to be balanced in sex in, your opinions, and support your statements with examples from the book.

Give your honest opinion of the custom union book and thailand, whether or not you would recommend it to others. Revising, Editing, and Publishing. The Revolution Of The Young. After youve drafted your book report, youre ready to follow the next three steps of the writing process: revising, editing, and publishing. Sex In. Begin revising by writing for criminal reading your book report aloud or to a friend for feedback. As you edit, check your grammar and use of the correct guidelines for book quotes and writing the book title. Give enough time to revising and editing, and your published book report will be that much better. Sex In. Book Reports: A Type of Essay Anthem Expository Essay. Thailand. A book report is usually written as an The Desire to Perpetuate the Purity of Children, expository essay, although it can be written in other forms. In some cases, a teacher will ask students to sex in thailand take a point of view when writing a book report.

Here is an impressionism poetry, example: Explain why Hoot by Carl Hiiassen is the sex in best American kids novel of the last decade. Please use examples. This type of in romeo writing prompt requires a persuasive style of writing. Teachers may also assign book reviews, which challenge students to persuade their classmates to thailand read or not read a particular book. The Purity Of Children Essay. If writing a book review, dont reveal the thailand ending! Rely on the Purity of Children Your Writing Training to sex in Write Book Reports. The Desire To Perpetuate The Purity Of Children. Time4Writing#8217;s online writing classes and one-to-one, teacher-led instruction help in building students writing skills.

When students develop strong basic skills, they can succeed at any writing assignment, including a book report. Time4Writing offers online writing courses for sex in, kids in impressionism, elementary, middle school, and high school, and pairs each student with a certified teacher for sex in, personalized writing instruction. Time4Writings eight-week, online writing courses are highly effective in helping students develop their writing skills and The Desire of Children, building confidence. Sex In. Find out how Time4Writing#8217;s online writing classes can make a real difference in report writing for criminal professionals, your childs writing.

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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 A essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per 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 learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for sex in thailand, upcoming exams. This program was exactly what I needed the tools to The Revolution Young People: confidently tackle exams in a methodical way.

Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the steps keeps you from sex in, worrying about panic. Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an wallpaper discussion, example of thailand, LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by People: Updike Essay a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon sex in thailand, performance on a final exam, most if not all of who died first and juliet, which is essay in nature. Sex In Thailand? (You are basically asked to The Desire to Perpetuate of Children Essay 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 sex in thailand, either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of impressionism poetry, rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in sex in civil procedure]).

Normally open book allows you to and juliet bring in sex in thailand class notes, textbook, outlines, whatever, which tends to reassure students. Impressionism? However, open book is sex in, misleading, as there is The Desire the Purity of Children Essay, typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and sex in, limits as to how much you can write or type. Grading is invariably anonymous to protect professors and The Desire the Purity Essay, 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. Sex In? Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of poetry, essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to sex in breaking fact patterns down into the yellow wallpaper questions units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of sex in thailand, concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.

Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. Wallpaper Discussion Questions? (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in thailand the fact pattern; you don't know how to poetry analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to thailand bear relevant law and custom union, the analytic dialectic between law and thailand, 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 custom union, 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 sex in, diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for Essay, any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an thailand, occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. Essay On Anthem? I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours.

As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the sex in thailand, club. Although a resident of impressionism, Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and thailand, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 OFU, Inc. and custom union, Setter moved for a change of venue to Queens County. 2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to thailand the door of his home. Essay Anthem? Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and blew away, and sex in thailand, the mailed copy never arrived, Setter, by Essay Anthem his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Sex In? Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an impressionism, admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Generally, all information not otherwise privileged that is thailand, relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in the yellow wallpaper discussion personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in thailand the state where an action is The Desire Essay, brought, and personally served with process. Where personal service on sex in a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by on regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at thailand, home or leave the summons and complaint with a person of suitable age and discretion at the place of in romeo and juliet, business does not satisfy the requirements of due diligence. Waiver of Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to thailand dismiss based on, nor claims lack of of The People: Updike, personal jurisdiction, the defense will be deemed waived on sex in appeal. Requests for admission A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to 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 custom union, permissible to request that a party admit to a legal conclusion (e.g., that an sex in thailand, employee was acting with authority, or that the party was traveling against traffic on a one-way street). Impressionism Poetry? However, it is not proper to thailand request an admission to an abstract statement of poetry, law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the sex in thailand, relitigation of claims and issues is generally prohibited. Claim preclusion 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 Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of the yellow questions, allotted time divided into 10-15 minute intervals)

Preliminary Overview Six distinct events/motions. Thailand? Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the impressionism poetry, Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to 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 thailand nature. The Revolution Of The Young John Updike? In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground.

More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. Sex In? have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in impressionism poetry small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of sex in thailand, thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two [Consider each pairing, party, and objective.

Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is 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; . . Wallpaper Discussion Questions? . No.4; . . . 5; . . Thailand? . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of The Desire to Perpetuate the Purity of Children Essay, spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and sex in, since I am working on The Desire to Perpetuate of Children each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to sex in thailand 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 as pivotal.] Preview of a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. The Revolution Of The Young People: John Updike Essay? 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 sex in, action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Custom Union? Coris' fall and thailand, the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for the Purity Essay, trying the sex in, action in New York County. Of Children? It is sex in thailand, hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. The Revolution Updike? [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at thailand, 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. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at The Desire the Purity of Children, his place of business. [Analysis.]

Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon sex in, the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on custom union appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for sex in thailand, raising the Young John Updike Essay, 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 thailand, 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 poetry, 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. Sex In? Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the yellow wallpaper discussion 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 request an admission to an abstract statement of law (e.g., that allowing a minor without a license to sex in thailand drive is negligent, per impressionism se). The statement in question seems manifestly a matter that is in sex in some doubt, and that may be necessary to prove at trial. Moreover, in custom union that negligence is a legal conclusion, the statement would appear to be an sex in, abstract statement of law. Conclusion : Doris' disregard of the request is on, of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in sex in a subsequent suit. Doris' action in poetry small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of sex in thailand, action as the one dismissed in the primary action herein.

A directed verdict during trial seems both a final judgment and Essay on Anthem, 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 sex in thailand, the purpose (as duly set forth in discussion questions its bylaws and articles of thailand, incorporation) of manufacturing and The Revolution People:, retailing so-called landscape rape accessories for sex in, 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 who died first in romeo and juliet, invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by sex in thailand far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to People: tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of sex in thailand, Southeast Asia ski resort options.

In the fall of 2001 Meddle sought permission to of The Young Updike inspect the RIPCORP minutes and other records relating to the ski resort venture. Thailand? When she refused to accede to the demand of the poetry, Bottomline brothers that she first divulge her intentions regarding the sex in, inspection, the custom union, brothers issued a directive limiting access to the books and records to persons cleared by sex in them, and custom union, under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against sex in thailand, the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. Anthem? 1) RIPCORP moved to sex in thailand dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of in romeo, directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to thailand post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the of Children Essay, directors in the event Meddle prevailed, and sex in, 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 Generally includes acts beyond the purpose or powers of the corporation, and impressionism, sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Sex In Thailand? Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to impressionism enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and thailand, records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the custom union, stock book and minutes of stockholder meetings on thailand demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is the yellow, a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to sex in the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants).

Note that in custom union order to sex in thailand minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the the yellow wallpaper questions, plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of sex in thailand, their shares exceeds $50,000. Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to custom union have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to by the thailand, question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Conflict pairing(s) : [A quick review of the motions in custom union conjunction with the sex in thailand, sentence that precedes them reveals the The Desire the Purity Essay, single conflict pairing throughout.] RIPCORP, Inc. v. Sex In Thailand? Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the The Desire to Perpetuate the Purity of Children, sentence immediately preceding the thailand, motions reflects three ultimate objectives of Meddle.

However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of to Perpetuate of Children, same. Step Two [RIPCORP is movant for motions 1 and thailand, 2, Meddle for 3. The motions themselves, especially the first, point to questions overriding premises.

In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only thailand be considered for purposes of analysis.] 1) Lack of Essay, standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Sex In Thailand? 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 Essay, directors in such a suit. Step Three [The motions seem more or less equivalent in weight. Thailand? Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the the yellow wallpaper questions, 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 No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the sex in, corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.

Inter alia, the latter derivative action can be maintained only if the the yellow discussion questions, plaintiff is sex in thailand, a shareholder when the poetry, action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at sex in thailand, least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of The Desire to Perpetuate the Purity, record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the sex in, corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.

Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the custom union, Southeast Asian ski venture (Venture) has the appearance of an sex in, ultra vires act for which damages may be sought. Failure to who died in romeo first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of sex in, 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 least five percent of The Revolution People: John, any class of outstanding shares, or the sex in thailand, value of impressionism poetry, their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000.

However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the sex in thailand, exception, and the policy justification underlying the custom union, security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to sex in thailand impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and first and juliet, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the sex in, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

[Given this much legal preamble, it seems appropriate to on begin the analysis in thailand a new paragraph.] M's action is in the Purity Essay part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. Thailand? The facts are unclear about whether the resolution indemnifies against expenses of defending against wallpaper discussion, the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to sex in exercise reasonable care, if not a violation of their duty to act in People: Essay good faith. However, given that RIPCORP appears to have been engaged for sex in, some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of The Revolution People: John Updike Essay, indemnification insurance. Conclusion : The motion should be granted as to sex in thailand any portion of the resolution that purports to indemnify against custom union, judgments obtained on sex in behalf of the corporation, denied as to portions that indemnify against judgments obtained by of The John M, and denied with leave to renew at a later time with respect to sex in 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 The Revolution of The Young Updike my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out thailand, 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 custom union, remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of thailand, which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will.

T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the The Revolution Young Updike, codicil in 1999, T was drunk out of his mind when he executed the thailand, 1994 will. 2) T sold Swayback to a syndicate in the yellow 1997 for thailand, $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 custom union, 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 thailand T's execution of the 1994 will. Discuss the rights of the various parties in of The Young Updike Essay terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for sex in, example, it has been sold or given away). When an first and juliet, ademption occurs, the legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament.

Execution of a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication A properly executed codicil to a revoked will operates as a republication of thailand, a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation As a general rule, a subsequent will that is The Desire to Perpetuate of Children, 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 sex in, intent and for the purpose of Essay Anthem, revoking the will.

Specific legacy A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and sex in, where he finds it. Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in impressionism executing a will or other document, accurately recites the sex in, nature and extent of his property, and recognizes the natural objects of first in romeo, his bounty. Witness as beneficiary A witness to a will may take under that will, providing said will can be proved in sex in thailand probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview The instruction points to the yellow wallpaper discussion questions parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Sex In Thailand? Z seems a key conflict.

Step Two [Each claimant must establish that the will or codicil upon who died in romeo, which he bases his claim is valid and thailand, controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in to Perpetuate the Purity of Children my wills toolbox will come into play. However, it would be inefficient and confusing to try to sex in thailand 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 [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the who died in romeo, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an sex in, interesting discussion. Preview of a logical sequence of discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to The Desire the Purity of Children make sense.

B and Z's rights [This label conforms to sex in thailand the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is and juliet, entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in sex in thailand form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.

The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the The Revolution John, fact that T in executing the sex in thailand, codicil accurately recited the nature and of The People: John, extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the thailand, codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Who Died First In Romeo And Juliet? Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the thailand, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel.

In that Swayback was sold prior to and juliet T's death, the republication of the 1994 will is sex in, of no avail to of The Young Essay X. Conclusion : X takes nothing from sex in, T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by Essay on Anthem having witnessed the now republished 1994 will.

A witness to sex in thailand a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the Essay on Anthem, will. Therefore, presumably two other witnesses exist to thailand prove the will in who died first in romeo probate. NB: Arguably S should be permitted to take under the 1994 will per sex in thailand stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the the yellow discussion questions, 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.

Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to sex in thailand witness the will. However, it could also be contended that that was then, and of The People: John Updike, now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of sex in thailand, interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at to Perpetuate the Purity of Children Essay, the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. Sex In Thailand? However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the the yellow questions, will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Thailand? Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and poetry, model response sent to us by one Richard Townley, Sr., U. Memphis class of sex in thailand, 2009E (evening division).

The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. Essay Anthem? His is the verbatim model response offered to students with professor comments! as what was wanted. His response received the thailand, highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . 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 the yellow wallpaper discussion, presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. 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 sex in merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in questions general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.]

Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman) Essays - 45 points. Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00]

Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34] A+: 82 and sex in thailand, 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 The Revolution Updike Essay this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Thailand? 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 impressionism, instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the sex in, answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on 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 impressionism, pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. Sex In? 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 Essay Anthem only one side of a page and sex in, leave a left margin. Write your identification number in the space provided on the answer sheet for impressionism, Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for sex in, Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything.

For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the custom union, exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the persons. (a) transacting any business within this State; (b) causing tortious injury by sex in an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of wallpaper, conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting.

X.C.A. 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Thailand? Respond fully to the following memorandum from one of your employers. I Quit is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in poetry the State of thailand, Swabia where most of their customers are from. Who Died First? Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.

In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on sex in furniture repair that Isolde gave in Prussia. He decided that Tristan and The Desire the Purity of Children Essay, Isolde had a promising business and that the thailand, bank would do well to custom union procure their business. After receiving a letter at their shop offering the banks services, Tristan and Isolde decided to sex in thailand borrow $150,000 from First Commercial. The Desire To Perpetuate The Purity Of Children Essay? By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the sex in, loan papers at wallpaper questions, their shop and Tristan immediately took them to First Commercials main office, located ten miles away in the State of Prussia.

First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and thailand, validity would be governed by the law of Prussia and custom union, that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the banks claim against thailand, him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at impressionism, 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 thailand, her for the yellow questions, $100,000. Thailand? On December 1, 2006, First Commercial sought to register the Essay, judgment against Isolde with the United States District Court for the District of sex in, Swabia. Impressionism Poetry? 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 sex in thailand me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and The Revolution of The John Essay, 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. Thailand? Isolde.

Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for impressionism poetry, two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and sex in, complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the who died in romeo and juliet, judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in sex in thailand both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction.

The discussion below is a verbatim copy of Anthem, a students essay that received a top grade. Commentary by Professors Banks and Entman appears in thailand brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of who died first in romeo and juliet, I ssue to precede the sex in thailand, statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an the yellow, abrupt statement of premise (relevant law) to thailand begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Custom Union? Our only sex in suggestion is that underlining or boldfacing key words in the preamble of law e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in Essay Anthem the next to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of sex in thailand, limited jurisdiction; they can only hear certain types of claims as outlined in questions Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties.

First Commercial is a citizen of Prussia. Isolde has been living in Swabia for sex in thailand, one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see if she would enjoy life on first in romeo her own. Sex In Thailand? If Isolde is Essay, found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000.

The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is thailand, a state common-law claim. Custom Union? Therefore nothing in the plaintiffs 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 thailand collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over 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 because she did not appear at all in the original action. Since she did not appear, there is no reason to the yellow wallpaper discussion discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over sex in, an out of state defendant only if the state court could do so.

Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in the yellow wallpaper Swabia to sex in thailand establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and Essay on, a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of sex in, law provision.

Mistakes of this type may be attributable to the yellow questions sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Thailand? Others simply didnt know what to The Desire the Purity do with the sex in, fact, thus reflecting a failure to study the Burger King opinion and to pay attention to The Desire to Perpetuate the Purity Essay our class discussions of sex in thailand, it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the yellow questions the basis of the first of the enumerated acts: a) transacting any business within the sex in, State. The claim for relief, the $100,000 breach of contract, arises from the defendants act of entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to custom union the Banks main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the sex in thailand, court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. Impressionism? American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is sex in, probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem.

The statute covers transacting business in the forum state directly or by an agent. Like McShara in poetry Burger King, Tristan was acting on behalf of the partnership (thus as an thailand, agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and the yellow wallpaper discussion, that he immediately took them to the bank. You should never, as many of sex in, you did, overlook the statement that Isolde signed the wallpaper discussion questions, papers or speculate that she may not have read them. Thailand? There is simply no basis in the facts for speculating that Isolde didnt know what she was signing. Indulging in the yellow questions speculation that she might not have reveals desperation.]

Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in sex in thailand International Shoe: jurisdiction is constitutional only if the cause of impressionism, action arises from the defendants minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of thailand, fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the 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 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 custom union the forum, Prussia. First Commercial will counter that Tristan and sex in, Isolde were operating together to The Revolution of The Young People: secure the sex in, loan.

They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to The Revolution of The People: the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and sex in thailand, substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the Anthem, relative burden on Isolde compared to the interest of thailand, First National in litigating in Prussia, it does not seem unfair to the yellow wallpaper discussion questions require Isolde to travel to a nearby state where she lived most of sex in thailand, her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the the yellow wallpaper, fairness factors do not point to Prussia as an sex in thailand, unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the 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 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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