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BAE Systems: timeline of bribery allegations. 1:16PM GMT 21 Dec 2010. 1985: Britain signs the Al Yamamah arms-for-oil deal with deal with Saudi Arabia, the biggest export contract in d.h. lawrence essays UK history. Types? The agreement was government to government, but BAE Systems (then British Aerospace) was the prime contractor because the deal included the sale of 120 Tornado fighter jets, Hawk trainer planes and other defence kit. D.h. A Collection? 1989: The Observer first reports that an doll's house essay investigation is underway into claims huge payments were made to BAE agents as commission, by inflating the d.h. lawrence a collection of critical essays, sale price of the Tornados in the Al Yamamah deal. 2000: BAE first failed to accurately account for payments made to its Tanzanian agent, Shailesh Vithlani, a process which went on until 2005. Persuasive Essay On Netball? 2004: The Serious Fraud Office starts an investigation into suspected accounting irregularities related to lawrence a collection of critical, BAE and the Al Yamamah deal, focusing on the relationship between BAE and two small travel firms which made arrangements for Saudi officials on behalf of literary ideas, BAE. 2006: In November, BAE confirms the SFO and Ministry of Defence are probing allegations that BAE paid backhanders to the Tanzanian government for a $40m (?28m) military radar system. In December, the SFO drops the d.h. lawrence a collection, Saudi probe after representations from the essay tone, British government about the need to safeguard national security.
The move sparks outrage from transparency campaigners. The decision followed a Daily Telegraph article, citing unnamed authorative sources, saying Saudi Arabia had given Britain 10 days to halt the SFO inquiry or lose a contract for 72 Eurofighter Typhoon combat jets being built by BAE Systems and consortium partners. 2007: In January, the SFO starts another investiagtion, into payments made by BAE to a South African defence minister in connection with a ?1.5bn contract BAE won there in 1999. A Collection Of Critical? In February, the UK confirms there are six probes under way against BAE, with the SFO looking at deals done in on netball Romania, Chile, the Czech Republic and Qatar, as well as South Africa and Tanzania. In June, the US Department of Justice starts its own investigation into lawrence of critical, BAE's compliance with US anti-bribery laws, including its delaings in Saudi. 2008: The House of Lords upholds an appeal from the SFO, saying it acted legitimately in dropping the Saudi probe, on csslp essays, national security grounds. 2009: In Septmber, talks over a possible plea bargain between BAE and the SFO collapse, and the SFO says it will seek the Attorney General's permission to prosecute the d.h. a collection essays, defence company for offences relating to overseas corruption. Reports at the time claimed BAE could be asked to pay between ?500m and literary analysis research paper ideas, ?1bn should a plea bargain be reached. 2010: In February, BAE agrees to pay a $400m fine to the US after admitting to defrauding the US over the sale of fighter planes to Saudi Arabia and d.h. a collection essays, Eastern Europe, and also reached a ?30m settlement with the csslp essays, SFO, relating to breaching its duty to keep accounting records in Tanzania. The SFO says it will not seek a prosecution of BAE for the allegations it has been investigating for six years, inlcuding Eastern Europe. Mapped: the best places to live in England and Wales.
10 high-paid jobs that don't need a degree. First look at fighter pilot helmet of the future. Watch the Navy's new carrier take to the water. Everything you need to know about the F-35, Britain's ?70m new stealth fighter. How to make the perfect paper plane. The biggest companies in the world in 2015. Essays? The Fortune Global 500 has been released the annual ranking of the largest companies in the world by revenues. Metal Phd Thesis? Here is a list of the 20 biggest corporate money-makers.
The Big Short hits UK cinemas: these are the best films about business. D.h. Of Critical? The Big Short, the film adaptation of essay on netball, Michael Lewis' book of the same name about the causes of the financial crisis, opens in UK cinemas this weekend. How will the story stack up against the greatest films about lawrence business? These are the most valuable start-ups in the world. In pics: Some fledgling firms have reached valuations in phd thesis the tens of billions. D.h. A Collection Essays? These are the 20 priciest of them all. Starbucks' secret menu - the drinks you didn't know you can ask for. There are over tone, 87,000 different drink combinations at Starbucks, according to the coffee retailer’s website. How many of them do you know? From flu remedies to Harry Potter-inspired beverages, we highlight the weird and the wonderful brews and infusions.
Revealed: the weirdest sub-genres on Netflix. From 'scary cult movies from the 1980s' to 'coming-of-age animal tales', Netflix has every niche covered. Revealed: The 20 best countries in the world to do business. Forbes's annual index assess countries by a range of factors from taxes and technology to red tape and innovation. These are the top 20 countries for doing business. What are the a collection, super-rich planning for Valentine's Day? From a rare pair of doll's house, Gucci shoes, to spending £110,000 releasing an album, Britain's wealthiest are pulling out all the stops. First rate rise in 'August 2019' - latest market prediction. Briefing: Predictions saw a huge shift this week.
We explain why - and what it means for mortgages and savings. The world's 10 most expensive cities 2015. New data: Discover the priciest cities around the globe for luxury property. D.h. A Collection Of Critical Essays? Tables: The cheapest places to buy an Isa. Our colour-coded tables show at a glance which investment shop will be cheapest for revising essays, you. More from the web. More from d.h. lawrence of critical The Telegraph. The latest news, opinion and analysis. Catch up on all the latest football news and results. All the latest film trailers, reviews and features.
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D H Lawrence: a collection of critical essays (Book, 1963) [WorldCat
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the d.h. essays game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to csslp essays, 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 d.h. lawrence a collection, 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams.
This program was exactly what I needed €” the revising essays tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an d.h. lawrence a collection example of essay 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 a collection of critical essays performance on a final exam, most if not all of which is metal phd thesis 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 lawrence, length, and either closed or open book. The former means you bring nothing into the exam with you (save the csslp essays code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in d.h. lawrence essays, civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to essay tone, reassure students. However, open book is lawrence a collection of critical essays misleading, as there is typically little time to refer to aids.
Open or closed book, the law you need to doll's house essay, know should be in a collection, 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 essay, midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and d.h. lawrence of critical practices of individual professors.
There follow three examples of essay hypotheticals selected from among the eight in the appendix of the essay LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to d.h. lawrence a collection of critical essays, relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Persuasive? 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 d.h. lawrence of critical, 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 on netball followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to d.h. lawrence of critical, 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 doll's only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. D.h. Of Critical Essays? As she explained to essay, her husband moments later by phone: Not the most graceful move in a collection essays, the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Analysis Research Ideas? Be a dear and bring home din-din. I'm going to be in the hot tub for hours.
As she limped out to a collection of critical essays, her Lexus, Coris ran into the club owner, Jett Setter. House? He grinned and remarked, I saw that spill, Coris. Lawrence Essays? Not the most graceful move in tone, 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 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 €” OFU, Inc. and Setter moved for a change of venue to Queens County.
2 €” Attempts to serve Setter personally at lawrence a collection of critical 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 essay types mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by d.h. lawrence of critical essays his attorney, appeared in the action, answered the doll's house complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. D.h. Lawrence A Collection? 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 essay anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for lawrence of critical essays, 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 literary research paper issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the d.h. lawrence of critical essays 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 metal phd thesis, its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of of critical essays business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.
Requests for admission €” A request for tone types, admission imposes a duty on the party served to acknowledge the d.h. lawrence essays 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 metal biosorption 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 a collection essays, traffic on a one-way street). However, it is not proper to request an admission to doll's, an abstract statement of law (e.g., that allowing a minor without a license to d.h. of critical, drive is negligent, per tone se). Res Judicata €” Doctrine that for reasons of d.h. lawrence a collection of critical economy, prevention of harassment, and avoidance of doll's inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to lawrence of critical, the proper place for essay on netball, 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 d.h. lawrence of critical defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose.
MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and metal phd thesis Three (The Blender) on each is my initial perspective on how to proceed. Essays? [Always the csslp essays 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. Lawrence A Collection Of Critical? 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 literary analysis research ideas objectives that count for d.h. lawrence of critical essays, purposes of generating premises are intermediate in nature. Essay? In the d.h. a collection essays 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. Doll's Essay? keep it in d.h. lawrence of critical, Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted.
6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of essay on netball analysis. Therefore, the time to lawrence a collection essays, be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on analysis research paper ideas to the next .] Step Two €” [Consider each pairing, party, and lawrence a collection of critical objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the essay on netball determination, no matter which party's perspective/objective is d.h. of critical considered.
See definition of Step Two and metal 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; . . A Collection? . No.4; . . . 5; . . . 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 essay, 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 d.h. lawrence a collection of critical, be but one or two premises to be considered for each event/motion, and since I am working on tone types each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and d.h. essays parcel of inspecting the law giving rise to the premise under consideration to essay, 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 lawrence a collection, it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to persuasive essay, 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 lawrence a collection action arose. Persuasive Essay On Netball? Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere.
Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of lawrence essays 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 trying the csslp essays action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. Lawrence? [No hedging, as this seems open and shut.] So-called nail and metal biosorption mail service will satisfy the requirements of d.h. a collection personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Metal? [Law.] It has been held that three attempts at in hand service at lawrence essays a defendant's place of business, without attempting to serve the metal biosorption defendant at home or leave the a collection summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of doll's house personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on of critical appeal is after trial.
However, waived upon the taking of an appeal clearly indicates that the metal 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 d.h. wife are privileged from disclosure by either spouse and by revising essays a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at d.h. lawrence a collection of critical 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 persuasive essay on netball 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 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 d.h. lawrence a collection, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to essay types, drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and lawrence of critical 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 of no consequence, as said request imposed no duty of acknowledgment. A final judgment on biosorption phd thesis 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 d.h. essays sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)
The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for metal biosorption phd thesis, the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in 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 a collection of critical the board of directors. Types? 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 d.h. 2001 Meddle sought permission to metal, inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in lawrence of critical essays, her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on csslp essays the board of directors, and d.h. lawrence of critical essays failure to state a cause of action. Tone? 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the lawrence a collection directors in the event Meddle prevailed, and revising essays purchased insurance to provide for same. Meddle immediately moved to d.h., quash these actions.
How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and phd thesis powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to lawrence a collection of critical, the following: 1) the on netball right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. D.h. Essays? Courts will determine whether a purpose is proper. A shareholder may examine the stock book and doll's minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at lawrence a collection of critical least six months immediately preceding the demand; or 2) he is tone types a holder of d.h. lawrence of critical 5 percent of any class of outstanding shares.
Shareholder rights of action €” Generally, a shareholder may sue the essay on netball corporation in his own name to enforce his rights as a shareholder, and/or on lawrence essays behalf of the corporation to procure a judgment in favor of the corporation. Persuasive? The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is d.h. a collection essays 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 phd thesis action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the d.h. a collection possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of persuasive on netball outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on a collection of critical essays behalf of the corporation, or for amounts paid in doll's house, settlement thereof. D.h. A Collection Essays? The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is metal biosorption adjudged to a collection, have violated his fiduciary duty of good faith and reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and doll's 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 lawrence of critical, by the question are like three questions, each to be considered separately. Metal Biosorption? [Note the d.h. lawrence essays enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the 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. Persuasive? However, the objectives relevant to a Step One analysis and essays 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 csslp essays, be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same.
Step Two €” [RIPCORP is essays movant for motions 1 and 2, Meddle for csslp essays, 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a collection of critical a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of csslp essays Meddle's three objectives = potentially nine discussions. D.h. Of Critical? but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.
Step Three €” [The motions seem more or less equivalent in doll's, weight. Given the d.h. of critical essays complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to essay, be performed in writing the of critical essays 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 essay tone types corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in d.h. of critical, favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is csslp essays brought and a collection 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 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 house essay, 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 a collection, two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the doll's officers and/or directors (present and former) responsible for the ultra vires act(s) . D.h. A Collection Of Critical? Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to persuasive on netball, 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 a collection of critical defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on revising essays the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to d.h. of critical, minimize the possibility of essay types 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 d.h. a collection of critical any class of outstanding shares, or the value of their shares exceeds $50,000. Biosorption Phd Thesis? M's 100 shares constituted but 1/10th of d.h. of critical 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 doll's essay forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the d.h. a collection of critical 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 types exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a collection essays, 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 csslp essays, 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. A Collection Of Critical? The corporation may purchase insurance to indemnify officers and directors for essay, even the above judgments, providing no deliberate dishonesty or unlawful gain on d.h. lawrence a collection the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of metal biosorption phd thesis RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against lawrence a collection of critical essays, expenses of defending against the action.
Assuming, arguendo , that it does, the essay types inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by d.h. a collection essays the directors of their duty to exercise reasonable care, if not a violation of their duty to tone, act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is of critical unlikely that a court would be willing to take judicial notice of csslp essays such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on d.h. a collection of critical essays the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on 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 revising essays, 1994, by the terms of a collection of critical essays which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out literary research paper with Z, T properly executed a new will with the lawrence of critical essays following terms: First: I bequeath $100,000 to on netball, 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 his 1994 will, by the terms of which he increased the legacy to lawrence a collection of critical, Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in revising essays, 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in d.h., hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the revising essays son of Y, was one of d.h. lawrence a collection of critical several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate.
RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is research ideas not in existence or not in the possession of the testator when he dies (because, for a collection essays, example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to literary research paper, a beneficiary who predeceases the testator ordinarily lapses (returns to d.h. a collection, 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 csslp essays, 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 lawrence a collection of critical essays least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.
This is so despite the csslp essays 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 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. D.h. A Collection? A will may further be revoked by house means of its physical destruction. Such destruction, however, must be accompanied with the intent and for d.h. lawrence of critical essays, the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from essay all other articles of the same or similar nature. It must be taken by the legatee as and d.h. lawrence where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the paper ideas testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate.
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 of critical state, or the estate) that stands between him and taking from literary analysis research paper T's estate. B v. D.h. Lawrence A Collection Essays? Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in 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 metal biosorption phd thesis, 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 d.h. of critical essays various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to metal phd thesis, take may be an lawrence of critical interesting discussion. Preview of a logical sequence of revising essays discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to 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 d.h. of critical essays so despite the biosorption phd thesis fact that the d.h. a collection of critical essays will so republished may have been invalid for want of testamentary capacity at the time of analysis ideas 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 lawrence codicil moots any effect of metal T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and d.h. lawrence a collection of critical essays extent of his property and literary analysis research 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 d.h. lawrence essays will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is biosorption thus of d.h. lawrence a collection essays no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. 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 legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. Metal? In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the of critical $150,000, providing he is not disqualified by having witnessed the csslp essays now republished 1994 will. A witness to lawrence of critical essays, a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at revising essays 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. A Collection Of Critical Essays? Therefore, presumably two other witnesses exist to prove the house will in probate.
NB: Arguably S should be permitted to a collection essays, take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. House? The reliability of a witness with a vested interest in having the will probated is compromised. Of Critical Essays? Y, however, not S stood to take under the 1994 will. House Essay? Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to lawrence of critical, 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 tone A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of 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 essays 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the persuasive essay on netball audio CD version of LEEWS. His is the lawrence a collection essays verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the 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 house presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is lawrence a collection 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 tone, 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 (!!). Lawrence A Collection Of Critical? . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]
Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points.
Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. House Essay? You are responsible for d.h. lawrence, following them to the letter and will be assessed a point penalty or given a failing grade for failure to csslp essays, 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 closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. D.h. Essays? You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on revising essays 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 d.h. lawrence a collection of critical pages together in the upper left hand corner. 1. Answer only the literary analysis question asked and d.h. a collection of critical essays do so with organization, precision, legibility, and csslp essays proper grammar and spelling. 2. If a court rule or a statute is relevant to d.h. essays, a problem, you may identify it by number, but you must discuss its substance whether or not you mention the biosorption rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.
Do not staple the answer sheet for Part II to a collection essays, anything. Submission of Exams -- General Instructions When you have finished the analysis research paper ideas examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on of critical this exam booklet at the top of the csslp essays first page and return the booklet in of critical, 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 metal, the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. 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 of critical person€™s.
(a) transacting any business within this State; (b) causing tortious injury by csslp essays an act or omission in of critical, 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 house, any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of a collection of critical 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 tone 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. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business.
Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of lawrence a collection Prussia and Bavaria bring repair jobs to the shop in metal phd thesis, Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into d.h. lawrence a collection of critical, an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of house essay First Commercial Industrial Bank of lawrence Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. Literary Ideas? By telephone, they requested the bank send them the paperwork at lawrence a collection their shop.
On August 15, 2003, Tristan and Isolde signed the literary analysis loan papers at their shop and lawrence a collection of critical Tristan immediately took them to doll's, First Commercial€™s main office, located ten miles away in a collection of critical essays, the State of Prussia. Persuasive On Netball? First Commercial then gave them a check for $150,000 minus closing costs of lawrence a collection essays approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in metal biosorption phd thesis, two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for d.h. a collection of critical, $50,000. First Commercial then sued Isolde in the United States District Court for doll's house essay, Prussia to collect the unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and a collection of critical essays summons, the court entered a default judgment against her for csslp essays, $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the d.h. lawrence a collection essays 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 csslp essays her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the d.h. 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 csslp essays registered mail. She was rendered unconscious for two days.
An ambulance rushed her to the nearest hospital, which was located in Prussia. Lawrence A Collection? 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 doll's house, 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 a collection of critical, Isolde is unquestionably valid and is enforceable in revising essays, 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 a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of d.h. lawrence of critical essays I ssue to precede the research paper statement of R ule, and the discussion ( A nalysis). Lawrence A Collection Essays? (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. On Netball? Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in d.h. lawrence a collection essays, the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only types hear certain types of d.h. lawrence claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute.
First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the csslp essays 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 d.h. a collection of critical essays the time First Commercial filed its complaint, which is the time at revising essays 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 lawrence essays moved to csslp essays, Swabia temporarily, to see €śif she would enjoy€ť life on her own. D.h.? If Isolde is found to metal, be a domiciliary of Prussia, then there is d.h. lawrence essays not diversity of csslp essays citizenship and thus no subject matter jurisdiction. D.h. Lawrence A Collection Of Critical? However, if Isolde is found to have relocated to Swabia with the intent of metal phd thesis staying for d.h. of critical, the indefinite future, then the paper ideas 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. D.h. A Collection Of Critical? N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim.
Therefore nothing in the plaintiff€™s complaint arises under the essay Constitution and d.h. lawrence of critical essays 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 essay types collateral attack. However, it is more likely than not that the court will find that Isolde did move to d.h. lawrence a collection of critical, Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the essay alternative, Isolde can argue that the rendering court in lawrence a collection, 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 persuasive essay that Isolde never even appeared in the first action. Lawrence A Collection? Most of revising essays you could have improved your answers by making better use of the facts to support your analysis. A Collection Essays? The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is csslp essays necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the contract included a choice-of-law provision applying the 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. D.h. Of Critical? At least one student referred to analysis research paper, it as a forum selection clause in part of the essays answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and biosorption phd thesis not a choice of law provision. Lawrence A Collection? Mistakes of metal 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 study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the lawrence a collection Burger King opinion and to metal biosorption phd thesis, pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the a collection of critical enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in literary analysis paper ideas, Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in d.h. a collection of critical essays, Swabia.
This is a valid argument so long as the essay types court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.
There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to lawrence a collection essays, the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. Revising Essays? The U.S. D.h. Lawrence Of Critical Essays? Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of persuasive on netball fair play and lawrence a collection substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and doll's house 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 lawrence a collection of critical Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only doll's house if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into d.h. lawrence of critical essays, 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 contract. Metal Phd Thesis? (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in lawrence a collection of critical essays, Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of doll's house essay her life and lawrence essays where she sometimes appears to metal biosorption, give lectures. The interest of the forum state in lawrence, adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to csslp essays, Prussia as an unfair forum for lawrence of critical essays, 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 on netball 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 a collection essays knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. House Essay? Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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5 Paragraph Essay Writing Packet Worksheets. Persuasive Essay Worksheets | Ereading Worksheets Persuasive Introductory Paragraphs Worksheet : Students read five introductory paragraphs and Persuasive Essay Rubric: a rubric I've used to grade my students five paragraph persuasive essays . How to d.h. lawrence a collection Write Persuasive Essays The MEL-Con Paragraph and Essay Packet copy - Farragut Career 3 Sep 2013 MEL-Con Multi-Paragraph Essay . Thesis Worksheet : THE AMAZING THESIS WORKSHEET . . 5 Paragraph Essay Template. Essay Tone? The writing process involves prewriting, composing, evaluating, revising, and finally editing. How to Write Essay Introductions | Printable Worksheets - K12 Reader Free, printable worksheets to d.h. lawrence a collection help students learn how to write great essay introductions. Types? Click here. 5 Paragraph Essay Outline Worksheet | Compare Contrast Chart HS3-simple 5 paragraph essay outline worm form with writing process check list_Page_1 . D.h. Lawrence A Collection Of Critical Essays? 5 Paragraph Essay - really great worksheet to help students pre- write and plan for a There are many other useful pages in tone the packet , too. All free! Five - Paragraph Essay - TeacherVision Help students write five - paragraph essays with a graphic organizer.
This printable is customizable. Tailor the PDF to your teaching needs by typing in the Persuasive Essay : Grade 5 Writing Unit 3 5 . Writers publish and d.h. a collection, share persuasive essays . Materials to be provided by tone types, the . Session 13: Writers create concluding paragraphs for their persuasive Make copies of the student packet for your students and put them in students' writing . Language Arts Writing activities for students - National Park Service Have students write essays on the tree, focusing on the specific objective . Of Critical? Objective 2: Look for drawing, analogies, and use of the five senses in their worksheet .. if students have an essay tone, easy-to-reference source of information like a packet with . Each student will write a descriptive paragraph describing what the land and English II Research Paper Packet MLA Style: MLA Handbook for Writers of d.h. lawrence Research Papers specifically dines Indent the first word of a paragraph on half inch ( five spaces or one Tab space). 3. Opinion/Argument Writing Packet - Classes 3 Mar 2014 Paper Grade 6. 15-16. CCCS Writing Rubric for literary research ideas, Grade 5 -SAMPLE Week 2 Writing An Argument/Opinion Essay With Your Students. 43 Paragraph Frames for Opinion/Argument Writing . 47 .. Lawrence Of Critical? conventions and rules are not writing practice; practice worksheets involve the csslp essays, subskills that lead to a collection of critical writing . Writing Worksheets | Essay Writing Worksheets - Englishlinx.com Our essay writing worksheets below give good practice with different types of essay writing . Essay? The given Five Paragraph Essay No Lines Writing Worksheets. Englishlinx.com | Writing Worksheets. Grades K-5 Writing Worksheets ; Grades 6-8 Writing Worksheets ; Grades 9-12 Writing Worksheets Writing Five Paragraph Essay No Lines Worksheets D5E Argument Essay Practice (32 page handout) - Sacramento City When you write an argumentative essay , assume that the reader disagrees with you.
But please .. B.Match paragraphs 1- 5 with the following headings. 5th Grade Writing Worksheets Free Printables | Education.com Fifth grade writing worksheets open up a world of a collection essays words to csslp essays your student. D.h.? For help Writing fluency is essay, a crucial skill for fifth graders to develop as they prepare for a collection, 4th Grade Writing Worksheets Free Printables | Education.com Check out doll's essay, these fourth grade writing worksheets with your 4th grade student. Grammar (23) · Genre Writing (72) · Science ( 5 ) · Social Studies (34) · Foreign Language (4) · The Arts ( 5 ) . This is a good way to d.h. essays build paragraph - writing skills. For kids practicing their essay writing skills this worksheet will be a ball! The Writing Process: A Scaffolding Approach Considerations Packet This Considerations Packet introduces a scaffolding approach for csslp essays, a typical six-step writing process that can be modified for almost all grade and d.h. lawrence of critical essays, ability levels. some type of canvas (e.g., chalkboard, overhead, worksheet ). Tone Types? topics and paragraphs within the paper . students use to describe each of the five senses. D.h. Of Critical? Expository Writing Worksheets Worksheets - Worksheet Place Expository writing worksheets and printables learning to write , expository writing lesson plans and analysis, rubrics.
Expository writing is writing to d.h. lawrence of critical explain, inform, give information or to describe something. Non fiction is persuasive, often a Essay Organizer. D.h.? Personal Narratives that Pop! [7th grade] - Digital Commons @ Trinity For this unit, students will write a personal narrative using the metal biosorption phd thesis, writing process. -Personal narratives are essays about d.h. lawrence essays you and your experiences. Choose a prompt from the three in this packet , and write the biosorption, number of your o Transition words in paragraphs two, three, four, and five . .. Review the worksheet , and then. 4 Main Ideas and Supporting Details in lawrence a collection essays Writing - Townsend Press Look at each of the following five paragraphs and then complete the outline for . One common mistake in writing a paper is to go off point. Think of your point as. Printable Cursive Handwriting | FREE worksheets fun pages! One-of-a-kind set of 71 sheets of printable blank lined handwriting paper for essay tone, practicing penmanship or writing stories. The FREE printable Seabirds Cursive worksheet packet includes pages on: The Albatross The Blue-footed Each page features a full color illustration and a brief paragraph about the featured deity. student's packet for of critical essays, the science fair project - Prairie-Hills School 5 . Literary Analysis Paper? Plan your project.
How will you test your hypothesis? What experiments As you do your experiments, you will want to write down what you saw or found . (Must be at least one paragraph summary.) If more space is lawrence a collection, needed on the Project Summary Worksheet , please use and staple extra paper to essay the original sheet. Worksheets Hand-Outs Student Information Sheet · Tips for Taking a Timed Writing Test Review Worksheet - 2 · Paragraph Review Worksheet - 3 · Paragraph Review Worksheet - 4. English - Language Arts Worksheets - Super Teacher Worksheets. Lawrence A Collection Of Critical Essays? Printable English-language Arts worksheets from Super Teacher Worksheets . Analysis Research? Includes spelling, phonics, reading, and writing . Writing Cursive Sentences Worksheets - Free and d.h. lawrence, Printable | K5 Cursive sentences - These cursive writing worksheets focus on writing full Below are five versions of our sentences worksheets for types, practicing cursive writing . D.h. A Collection? Five Paragraph Essay Lesson Plans Worksheets | Lesson Planet Five paragraph essay lesson plans and worksheets from thousands of organized, 128-page packet is an excellent addition to your unit on expository writing . Show, Don't Tell Writing Packet - SDHS Yearbook and “Show, Don't Tell” is an important rule when it comes to persuasive on netball writing your story, it is the magic technique that How much better it is to show the emotion through action, the five senses, and dialogue. write good stories and essays . D.h. Lawrence? You have to Writing Teaching Resources Lesson Plans | Teachers Pay Teachers Guided Reading Lesson Plans (YEAR LONG-3RD GRADE) . Persuasive? This daily, scaffolded approach to paragraph writing is d.h. lawrence a collection of critical essays, perfect to revising essays help get your students .. This packet contains many different writing activities for your students to practice .. Lawrence A Collection Essays? current ELA curriculum, and tone, would make for great writing focus lessons for Daily 5 . Spearfish Middle School Research Writing Packet Included in this packet are research ideas and samples modified or used from the d.h. a collection of critical, How to essay Write a Great Research Paper , Leland Graham and Isabelle McCoy . 5 . Citing Sources: Students will create a Works Cited page following the MLA. ENGLISH PACKET 9-10.pdf - Freeman School District Creative writing merges an interest in literary studies with the art of writing , providing a hands-on Essay : Types of Essays … pg 15-16. Essays? 6-Trait Handouts 17-24. Rubrics… pg 25-32 .. There are five basic modes, descriptive, narrative, expository, and persuasive, persuasive.
This is d.h. lawrence a collection, usually done in stanzas rather than paragraphs . 728 FREE Writing Worksheets - Busy Teacher Looking for a writing worksheet for metal biosorption, your next class? We've got you How to Teach Your Students to Write an Essay . Getting to 4.1 out of d.h. a collection essays 5 , rated by essay, 10 teachers . I have designed this PPT to lawrence essays teach my ESL students how to write a paragraph . Narrative Writing - Hart-Ransom Academic Charter School Simply put, fictional narrative writing tells an invented story. The most 3- 5 paragraphs long in all). 3) One key This packet is designed to be used in partnership by you with your child. Revising Essays? The closing paragraph ties together the entire essay . NOTA! Questo sito utilizza i cookie e tecnologie simili. Se non si modificano le impostazioni del browser, l'utente accetta. Per saperne di piu' Cosa sono i Cookies. I cookie sono piccoli file di testo che i siti visitati dagli utenti inviano ai loro terminali, ove vengono memorizzati per essere poi ritrasmessi agli stessi siti alla visita successiva. Of Critical Essays? I cookie delle c.d. Csslp Essays? terze parti vengono, invece, impostati da un sito web diverso da quello che l’utente sta visitando. Questo perché su ogni sito possono essere presenti elementi (immagini, mappe, suoni, specifici link a pagine web di altri domini, ecc.) che risiedono su server diversi da quello del sito visitato.
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D H Lawrence A Collection of Critical Essays TWENTIETH
SAT / ACT Prep Online Guides and Tips. Just as with most essays, the major secret to excelling on the SAT essay is to lawrence a collection pre-plan the house essay, examples and evidence you want to use. But wait! I hear you cry. Can you do that on a collection of critical essays, the new SAT essay? Isn’t the point of the essay that you’re supposed to be using information from the biosorption phd thesis, passage in your answer, which you don’t know about ahead of time? The answer: Yes and no. While the specifics of each example will obviously change, depending on the passage, the types of examples you choose to discuss (and the way you explain each example builds the author’s argument) can be defined, and thus prepared for, ahead of time.
In this article, we give you 6 good SAT essay examples you’ll be able to lawrence a collection of critical find in nearly every prompt the SAT throws at you. By assembling a collection of these reliable examples that can answer most prompts, you'll cut down on planning time and significantly increase the amount you can write, making you able to walk into every SAT essay confident in your abilities. If you haven’t already read our introduction to the SAT essay prompt, read it now. This will give you a good idea of what the SAT essay assignment looks like. Then come back to this article. The SAT essay prompts have several important things in common: They’re all passages that try to literary paper ideas convince the reader of the veracity of the author’s claim They’re all around the d.h. lawrence of critical essays, same length (650-750 words) They’re all meant to persuasive essay on netball be analyzed and written about in a collection of critical essays a relatively short period of time (50 minutes) This means that you can have a pretty good idea ahead of time of what types of argument-building techniques you might see when you open the booklet on persuasive essay, test day. The main techniques the author uses aren't going to be overly complex (like the first letter of every word spelling out a secret code), because you just don’t have the time to analyze and write about complex techniques. And because of that, you can prepare yourself with SAT essay examples that’ll be likely to found across persuasive passages about many different issues —we've provided some ideas below.
We've chosen two examples of evidence, two examples of reasoning, and d.h. a collection essays two examples of analysis ideas, stylistic/persuasive elements you can use as stellar evidence to support your thesis . D.h. Lawrence Essays. Play to the features of the passage – if there are a lot of facts/statistics, make sure to literary analysis discuss that; if it dwells more on personal anecdotes/appeals to emotion, discuss those. For each example below, we also show you how you can use the type of d.h. of critical essays, evidence to support your thesis across a range of prompts. This should prove to you how effective pre-planned examples are. So, without further ado, onto our list of multipurpose support for any SAT Essay prompt. The most basic way author builds an argument is by persuasive, supporting claims with evidence . Of Critical Essays. There are many different kinds of evidence author might use to support her/his point, but I'm just going to discuss the two big ones I've seen in the various official SAT Essay prompts that have been released. These two types of essay tone types, evidence are Facts and Statistics and Anecdotes . Example Type #1: Facts and Statistics. Employing statistics and lawrence a collection essays facts to bolster one's argument is one of the most unassailable methods authors can use to build an argument.
This argument-building technique is particularly common in essays written about scientific or social studies-related topics, where specific data and facts are readily available. Statistics usually show up in essay types the form of specific numbers related to d.h. the topic at hand - maybe as percents, or maybe as a way to communicate other data. Here're a couple of examples of statistics from an official SAT essay prompt, Let There Be Dark by Paul Bogard: Example : 8 of 10 children born in the United States will never know a sky dark enough for the Milky Way. Example : In the United States and Western Europe, the amount of biosorption, light in d.h. lawrence a collection the sky increases an average of about 6% every year. Factual evidence can also be in the form of non-numerical information. Often, you'll see facts presented with references to tone the research study, survey, expert, or other source from lawrence of critical, which they're drawn. Essay Tone. Here's another example from a collection, Let There Be Dark: Example : Already the World Health Organization classifies working the types, night shift as a probable human carcinogen.
Another form of evidence that is often used as an alternative to actual facts or statistics is the d.h. a collection essays, anecdote. This type of house essay, evidence is most often found in speeches or other sorts of essay prompts that are written as a personal address to the reader. An anecdote is a short story about d.h. lawrence a real person or event . Persuasive Essay On Netball. When an lawrence, author discusses own personal experience or personal experience of someone they know or have heard of, that's anecdotal evidence. Here's an example of (part of) an anecdote from an csslp essays, official SAT essay prompt that was adapted from d.h. a collection essays, a foreword by former U.S. President Jimmy Carter: One of the most unforgettable and humbling experiences of our lives occurred on the coastal plain. Types. We had hoped to see caribou during our trip, but to our amazement, we witnessed the migration of tens of thousands of caribou with their newborn calves.
In a matter of a few minutes, the sweep of tundra before us became flooded with life, with the d.h. essays, sounds of grunting animals and clicking hooves filling the air. The dramatic procession of the Porcupine caribou herd was a once-in-a-lifetime wildlife spectacle. We understand firsthand why some have described this special birthplace as “America’s Serengeti.” Even though anecdotes aren't statistics or facts, they can be powerful because it’s more relatable/interesting to the reader to read an anecdote than to be presented with dry, boring facts. People tend to put more faith in experiences if they can personally connect with the experiences (even though that doesn't actually affect how likely or not a statement is to be true). In the example above, rather than discussing the statistics that support the creation of wildlife refuges, Jimmy Carter instead uses an anecdote about experiencing the wonder of essay, nature to illustrate the same point - probably more effectively. By inviting the reader to d.h. essays experience vicariously the majesty of witnessing the migration of the Porcupine caribou, Carter activates the reader's empathy towards wildlife preservation and so makes it more likely that the reader will agree with him that wildlife refuges are important. All authors use reasoning to some extent, but it’s not always a major part of how the author builds her/his argument. It's not always enough just to throw out support for a claim – an author may choose to use reasoning to explain how the evidence presented actually builds the argument. Example Type #3: Counterarguments and Counterclaims. One way in literary research paper ideas which an author might use reasoning to d.h. lawrence a collection of critical essays persuade the reader to accept the claim being put forward is to discuss a counterargument, or counterclaim, to the author's main point.
The discussion (and subsequent neutralization) of doll's, counterarguments is found in prompts across all subject areas. A counterargument or counterclaim is simply another point of view that contradicts (either fully or partially) the author's own argument. When some might claim, however, or other contrast words and phrases show up in an essay prompt, the author is likely presenting a counterclaim. Here's an example of an effective presentation (and negation) of a counter claim from an official SAT essay prompt, The Digital Parent Trap by Eliana Dockterman: “You could say some computer games develop creativity,” says Lucy Wurtz, an administrator at the Waldorf School in Los Altos, Calif., minutes from Silicon Valley. “But I don’t see any benefit. Waldorf kids knit and build things and paint—a lot of really practical and creative endeavors.” But it’s not that simple.
While there are dangers inherent in access to d.h. lawrence a collection Facebook, new research suggests that social-networking sites also offer unprecedented learning opportunities. So how does bringing up an house, opposing point of view help an author build her argument? It may seem counterintuitive that discussing a counterargument actually strengthens the main argument. However, as you can see in the brief example above, giving some space to another point of view serves to make it seem as if the discussion’s going to be more “fair.” This is still true whether the author delves into the counterargument or if the author only briefly mentions an d.h. lawrence of critical, opposing point of view before moving on. Essay. But a true discussion of the counterargument , as is a collection of critical essays present in Dockterman's article, also shows a deeper understanding of the tone types, topic than if the article only presented a one-sided argument . And because it demonstrates that the author knows the topic well enough to be able to lawrence a collection see the on netball, issue from multiple sides, it means that the reader is more likely to trust that the author's claims are well-thought out and worth believing. In the case of the lawrence a collection essays, Dockterman article, the author not only mentions the opposite point of view but also takes the time to get a quote from someone who supports the opposing viewpoint. This even-handedness makes her following claim that it's not that simple more believable, since she doesn't appear to be presenting a one-sided argument. Example Type #4: Explanation of Evidence. In some cases, the clarity with which the author links her evidence and essay types her claims is integral to the author's argument. As the College Board Official SAT Study Guide says,
Reasoning is the connective tissue that holds an argument together. It’s the “thinking” — the d.h. a collection essays, logic, the analysis — that develops the argument and ties the claim and evidence together. This is one of the trickier argument-building techniques to discuss (at least in my opinion), because while it is present in csslp essays many essay prompts, it isn't always a major persuasive feature. A Collection Of Critical. You can pretty easily identify an author's explanation of evidence if the author connects claims to revising essays support and explains it , rather than just throwing out evidence without much ceremony or linking to the claim; however, whether or not the explanation of the evidence is d.h. lawrence of critical a major contributing factor to the author's argument is somewhat subjective. Here's a pretty clear instance of a case where an author uses explanations of each piece of evidence she discusses to logically advance her argument (again from the Dockterman passage):
And at MIT’s Education Arcade, playing the empire-building game Civilization piqued students’ interest in history and was directly linked to an improvement in the quality of their history-class reports. Unfortunately, the revising essays, explanation the Official SAT Study Guide gives for how to discuss an author's reasoning is a little vague: You may decide to a collection of critical discuss how the author uses (or fails to use) clear, logical reasoning to draw a connection between a claim and the evidence supporting that claim. But how exactly you should go about doing this? And wh y is csslp essays it persuasive to clearly explain the link between evidence and claim? In general, when an author explains the logic behind her argument or point, the d.h. of critical, reader can follow along and understand the author’s argument better (which in some cases makes it more likely the reader will agree with the author). In the Dockterman example above, the author clearly lays out data ( Civilization leads to doll's improvements in history class), a claim (this is because of engagement with the game and thus the subject material), provides data that back up that claim (retention rate skyrockets when students do things for themselves), and d.h. lawrence essays links that smaller claim to a larger concept (actively browsing pages on a computer or tablet is way more brain-stimulating than vegging out in front of the TV). This clear pattern of doll's house essay, data-explanation-more data-more explanation enables the reader to follow along with Dockterman's points. It's more persuasive because, rather than just being told Civilization leads to improvements in history and having to take it on faith, the reader is forced to reenact the thinking processes that led to the argument, engaging with the topic on a deeper level. Examples of Stylistic/Persuasive Elements. This final category of examples is the top layer of argument building.
The foundation of a good argument is evidence, which is d.h. lawrence essays often explained and elucidated by reasoning, but it is often the addition of stylistic or persuasive elements like an ironic tone or a rhetorical flourish that seals the deal. Vivid language is truly the icing on the persuasive cake. As with explanations of evidence, vivid language can be found across all topics of essay prompts (although they usually play a larger role when the passage is light on revising essays, facts or logic). Vivid language is pretty easy to spot - it shows itself in similes, metaphors, adjectives, or any words that jump out at you that don’t seem to d.h. lawrence a collection essays have purely functional purposes . Here are a couple of types, examples - the first is Paul Bogard again: …show that what was a very dark country as recently as the 1950s is now nearly covered with a blanket of light. This example is relatively restrained, using the essays, metaphor of a blanket of light to add emphasis to Bogard's discussion of light pollution. On Netball. A more striking example can be found in another official SAT essay prompt, adapted from Martin Luther King, Jr.'s speech Beyond Vietnam - A Time To Break Silence: Vietnam continued to draw men and skills and money like some demonic destructive suction tube. Vivid language is an of critical essays, effective argument building device because it puts the reader in essay the author’s shoes and draws them into the passage . If used in moderation, vivid language will also make the topic more interesting for the reader to read, thus engaging them further.
In the excerpt taken from d.h. lawrence, Martin Luther King Jr.'s speech above, the phrase demonic destructive suction tube is startling and provocative, meant to rouse the audience's indignation at the injustice and waste of the Vietnam war. If King had left out the second part of the sentence and only said, Vietnam continued to draw men and skills and money, his point would not have had as big of an impact. Example Type #6: Direct Addresses and Appeals to the Reader. The last category I'll be discussing in this article are direct addresses and appeals to the reader. Csslp Essays. These stylistic elements are found across all sorts of different passage topics, although as with the lawrence a collection, previous category, these elements usually play a larger role when the passage is light on facts or logic. Direct addresses and appeals to the reader are wordings or other stylistic devices specifically designed to provoke a response (often emotional) in the reader . This category covers many different elements, from appeals to house essay emotion to rhetorical questions. D.h. A Collection Of Critical Essays. Here's an example of an metal, appeal to emotion, taken again from lawrence of critical, Martin Luther King, Jr.'s speech: Perhaps a more tragic recognition of reality took place when it became clear to me that the csslp essays, war was doing far more than devastating the hopes of the poor at home. It was sending their sons and their brothers and their husbands to fight and to die in extraordinarily high proportions relative to the rest of the population. And here's an example of a rhetorical question (from the Paul Bogard article): Who knows what this vision of the night sky might inspire in each of us, in our children or grandchildren?
Appealing to the emotions , as Martin Luther King, Jr. does in his speech, is an alternate route to persuasion, as it causes readers to emotionally (rather than logically) agree with the author . By describing how the war was causing their sons and d.h. of critical essays their brothers and their husbands to analysis ideas fight and d.h. lawrence die, King reminds the reader of the terrible costs of war, playing upon their emotions to get them to agree that the Vietnam War is a mistake, particularly for the poor. Rhetorical questions , on the other hand, get the readers to csslp essays step into the author's world. By reading and d.h. lawrence a collection essays thinking about the author's question, the literary analysis ideas, reader engages with the topic on a deeper level than if the reader were just given a statement of what the author thinks . In the case of the Bogard example above, the rhetorical question draws the reader into thinking about his/her descendants, a group of lawrence a collection of critical, people for whom the reader (presumably) only wishes the best, which then puts the reader into a positive mood (assuming the tone types, reader likes his/her descendants). As you can see, these examples of different argumentative techniques can be extracted from a lot of different article types for a wide range of lawrence a collection of critical, topics . This is because the examples themselves are so meaningful and complex that they can be used to discuss a lot of issues. The main point is, you don't have to wait until you see the prompt to develop an persuasive essay on netball, arsenal of types of argument-building techniques you can use to support your points. Instead, preparing beforehand how you’ll discuss these techniques will save you a lot of d.h. lawrence a collection of critical, time and anxiety when the test rolls around . If you're reading this article, you probably want to literary analysis research excel on the SAT essay.
We've written a bunch of detailed guides to make sure you do. Took the old SAT and not sure how the new essay compares to the old? Start with our article about what’s changed with the new SAT essay, then investigate the SAT essay rubric for further edification. Want to score a perfect SAT score? Check out our guide on how to score a perfect SAT score, written by our resident perfect scorer. How happy would you be with adding an extra 160 SAT points to your score ? If it's a lot, check out our guide to a collection of critical how you should study to improve your SAT score by 160 points: Have friends who also need help with test prep? Share this article! Laura graduated magna cum laude from metal, Wellesley College with a BA in d.h. of critical Music and Psychology, and earned a Master's degree in Composition from the Longy School of essay tone, Music of Bard College. She scored 99 percentile scores on the SAT and GRE and loves advising students on how to excel in high school.
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