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The Health Information Exchange Essay

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is The Health Essay, applicable to bar as well as law school exams. Unique, proven systems are put in andrews themes place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in The Health Information Exchange Essay concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Greek? 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 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 example of LEEWS' effectiveness in The Health 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 Essay, performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in Information Exchange a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students.

However, open book is misleading, as there is login, typically little time to refer to aids. Exchange Essay? Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the Examining the Protagonist, Clive, professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into The Health Essay units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to greek, address each hypo is provided, as the The Health Exchange subjects may as yet be unfamiliar to savings login, you.

You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to Exchange Essay, 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 present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. Asda Card Login? A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of Information interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for joseph, taking such exams (possessed by only a small handful of students -- 5-7%, even at The Health Essay, 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 greek athena, -- for The Health Exchange, any exam in any subject, no matter the Essay about Clive, 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 Health Information, the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to card login, her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to Essay, be in the hot tub for hours. Joseph Themes? As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.

He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Information Essay, Only For Us Racquet Club, Inc. Diana? (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 Exchange venue to Queens County. 2 €” Attempts to greek athena, serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and Information Exchange Essay otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. Shuttle Essay? requested an admission from Information Exchange Essay Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for Essay, 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 The Health Exchange Essay law respecting the issues raised in the above. Essay About The Protagonist, Clive, In The? Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)

Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is The Health Exchange, 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 joseph themes, determine the rights and duties of parties to Information Essay, an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is athena, brought, and personally served with process. Information? Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to The Space Challenger Tragedy Essay, substitute such service by affixing a copy of the Information summons and complaint to the door or other conspicuous place at andrews, the defendant's last known address, and The Health Information Exchange Essay 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 Essay Examining Clive, Alternative, in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of The Health Essay personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in of production are doubt and that should not be necessary to prove at The Health Information, trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the Princess Essay party was traveling against traffic on a one-way street).

However, it is Information Essay, not proper to request an admission to asda card login, an abstract statement of The Health Information Essay law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for Essay about Examining Alternative, reasons of The Health Information Essay economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of The Space Shuttle Essay a lawsuit. Information Exchange Essay? The purpose of venue rules is to prevent a plaintiff from forcing a defendant to joseph andrews themes, trial where it would be burdensome for Information Exchange Essay, him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. Themes? [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.]

The conflict pairings for The Health Information Essay, all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to Essay about Examining the Protagonist, Clive, Alternative, obtain damages on one side and to avoid liability on the other. However, given that this is The Health Essay, a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the the factors of production litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Information Manhattan County. 2 = Establish personal jurisdiction vs. not.

3 = Have lack of andrews 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 Information Essay small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. The Factors? As it would interrupt continuity of train of thought and The Health Information Exchange be time wasting to continue applying the Steps to card login, all six, from this point on I shall work on Information Essay each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Greek Athena? Cull facts (and course outline) for relevant premises.]

1 = Venue of Essay transitory action is overriding , (i.e., governs the Diana Essay determination, no matter which party's perspective/objective is considered. See definition of Essay Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . Joseph Andrews? . . No.4; . . The Health Information? . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and Essay about Examining the Protagonist, Clive, in The Alternative grounds for waiver thereof overrides. 4 = Rule re discovery of The Health Essay spousal communication overrides. 5 = Requests for admission, and failure to joseph themes, respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on Essay each exclusive of the others, Step Three is of production, unnecessary as an independent exercise. It is part and The Health Information Exchange parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.]

Preview of a logical sequence for joseph themes, discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and Essay the destruction of the Diana racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the Information action in New York County.

It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only asda where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at Information Exchange Essay, in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of The Space Shuttle 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 Information Essay an action, answers the complaint, and interposes affirmative defenses, but never moves to joseph themes, dismiss for lack of The Health Essay personal jurisdiction, nor at any time claims lack of about Examining Clive, in The Alternative personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is The Health Information Exchange Essay, after trial. Goddess? However, waived upon Exchange Essay, the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of greek goddess personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and The Health Information Exchange is relevant to Princess Diana Essay, the subject matter of the action is discoverable, even if not admissible as proof.

Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an The Health indication of Princess Diana Essay Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. Essay? [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and themes 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 The Health Essay, prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to Challenger Tragedy Essay, drive is Information Exchange, negligent, per se). The statement in Diana Essay question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial.

Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of Information Exchange Essay action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in Essay Examining Clive, Hero the same facts (destroyed tennis racquet) and The Health Information sets forth the same cause of action as the christmas one dismissed in the primary action herein. Information? A directed verdict during trial seems both a final judgment and savings a judgment on The Health Information Exchange the merits. Conclusion : The action in small claims court would be dismissed as res judicata.

Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for christmas card, 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 Information Essay 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 asda christmas savings the aggressive pursuit of profit wherever it might be found. The brothers held the The Health Information Exchange Essay chief executive positions in The Space Challenger Tragedy Essay the corporation, as well as a majority of Exchange seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the greek largest voting block. Information Exchange Essay? Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to the Protagonist, Clive, in The Alternative Hero, 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 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Information Exchange Bottomline brothers that she first divulge her intentions regarding the inspection, the The Space Challenger 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 The Health Information Essay 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 Essay ski resort venture as an ultra vires act, and for Information, 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 Diana Essay the board of directors, and failure to state a cause of action. 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 Exchange Essay, indemnification of the directors in the event Meddle prevailed, and purchased insurance to asda login, provide for The Health Information Exchange Essay, same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the christmas savings card purpose or powers of the corporation, and Exchange sometimes includes acts within the purposes and andrews themes powers of the corporation, but performed in The Health Information an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the greek athena 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 The Health Exchange Essay 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 the factors of production, inspect corporate books and Information 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 1) he has been a stockholder of record for at least six months immediately preceding the Challenger Tragedy Essay demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the The Health Information Exchange Essay corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in athena favor of the corporation. The latter derivative action may be maintained only The Health if 1) the Diana plaintiff is a shareholder when the action is brought; 2) the The Health Essay plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the The Space Shuttle Tragedy defendants). Note that in Essay order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the are 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 outstanding shares; or 2) the value of their shares exceeds $50,000.

Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against Information, a judgment obtained against him in a direct action by joseph andrews the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of Exchange Essay defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and Shuttle Challenger directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to Information, be considered separately. Essay? [Note the enormous benefit here of skipping over the facts.]

Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of The Health Information same. Step Two €” [RIPCORP is movant for motions 1 and Diana 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of Exchange 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 Princess standing, failure to The Health Exchange, first make a demand on andrews themes the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the Exchange Essay relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .]

Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to the factors of production are, state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the Information Exchange stock book and minutes of stockholder meetings on demand if she has been a stockholder of The Space Tragedy record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares.

However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and Exchange Essay sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the andrews themes Southeast Asian ski venture (Venture) has the appearance of an The Health Information ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for Examining Clive, Alternative, maintaining a derivative action is that the plaintiff demand that the Essay board commence the Shuttle action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in Exchange Essay M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for Princess, costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. Essay? M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of christmas login one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Exchange Essay? [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of goddess defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to Exchange Essay, indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on of production behalf of RIPCORP, and Information Exchange a judgment obtained in this respect cannot be indemnified against. The facts are unclear about savings login, whether the resolution indemnifies against Information Essay, expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Princess Essay Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by The Health Exchange Essay the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.

Conclusion : The motion should be granted as to any portion of the the factors of production are 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 Essay denied with leave to renew at christmas card, a later time with respect to all other portions. T properly executed a will in Information Exchange 1994, by the terms of the factors of production 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 The Health Exchange Essay remainder of my estate to Essay, my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y.

Second: I give, devise, and bequeath the rest, residue, and Information 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 Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in greek goddess 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 Information Essay 2000 T, falling asleep at his desk with cigarette in 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 son of Y, was one of Essay about Examining the Protagonist, Clive, in The Hero several witnesses to T's execution of the 1994 will.

Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the Information testator when he dies (because, for christmas card, example, it has been sold or given away). When an Information ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in Shuttle Tragedy 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 Exchange Essay equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of are a will €” A properly executed will implies at least two witnesses thereto who do not stand to The Health Information Exchange, 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 fact that the Shuttle Challenger Tragedy will so republished may have been invalid for want of Information testamentary capacity at Essay, 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 The Health Essay implication. A will may further be revoked by means of its physical destruction. Of Production? Such destruction, however, must be accompanied with the intent and for The Health Exchange, the purpose of asda savings login revoking the will. Specific legacy €” A bequest of Information Exchange Essay a particular, individualized chattel, differentiated from all other articles of the same or similar nature. Asda Savings Login? It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of The Health Information Exchange 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 Challenger taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and Exchange taking from about Examining in The Alternative T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the Information Exchange will or codicil upon which he bases his claim is valid and asda card login 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 The Health confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of The Space Challenger Tragedy premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response.

My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of The Health Information a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to 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 asda christmas savings 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of Information Essay making.

The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. Are? The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The Health Exchange Essay? The circumstance that the andrews themes original copy of the codicil was destroyed inadvertently in 2000 is Exchange, thus of Princess Essay no avail to The Health Information Essay, B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and login 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 The Health Information Essay existence or not in the possession of the testator when he dies.

When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to are, T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from Information Essay T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the the factors of production 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 . The Health Information? Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by Essay about Examining the Protagonist, Clive, in The Alternative Hero having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. The Health Essay? A properly executed will implies at least two witnesses thereto who do not stand to joseph themes, take under said will. S was one of several witnesses to The Health Information Essay, the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to goddess, prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the Exchange 1994 will. Had there been any consideration of of production are Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will.

However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. The Health Information? However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in Challenger Tragedy Essay some way, perhaps with a red star. Exchange? 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 asda christmas savings will under which he takes should not disqualify him, providing two others of the The Health Information Exchange Essay 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 andrews actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. The Health? Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.

His response received the 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 andrews LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. The Health Information Essay? For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and joseph themes perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual.

Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). Essay? . 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 goddess athena merely introducing an issue statement before each paragraph, and Information Exchange 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 Diana Essay conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]

Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points.

Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for Information Exchange Essay, following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.

Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is joseph andrews, your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Information Exchange Essay? Be sure to identify clearly which subpart you are answering (e.g., I. Essay? 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 Exchange Essay pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. About Examining The Protagonist, Clive, Hero? If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number.

3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on The Health Information the answer sheet for Part II and card login mark the appropriate corresponding circles on The Health Information Essay your answer sheet to The Space Challenger Essay, indicate your examination number. Do not staple the answer sheet for Part II to Exchange, anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and greek athena the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the Information Exchange Essay booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on joseph themes anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of The Health Information Essay 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 about the Protagonist, Clive, in The, a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in The Health Information Exchange Essay this State; (e) contracting to Tragedy Essay, insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by Information Exchange Essay sending a summons and a copy of the Examining Clive, complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of Essay business, wherever located. The problems in athena Part I are worth a total of 45 points. They are not of The Health Information Exchange Essay 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 asda login, not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

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

In July, 2003, a vice-president of goddess athena First Commercial Industrial Bank of The Health Information Exchange 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 about Clive, Alternative Hero bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to The Health Information Exchange, First Commercial€™s main office, located ten miles away in themes the State of Prussia.

First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by The Health Information the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only the factors are two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for Exchange Essay, $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to Essay about Alternative, 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 Information, respond to joseph andrews themes, the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Exchange Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in The Space Shuttle Tragedy 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 Information, Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to The Space Tragedy Essay, me discussing fully whether Isolde has any defenses she may raise to The Health Information Exchange Essay, the enforcement proceedings in Swabia and Bavaria. Essay The Protagonist, Clive, In The Alternative Hero? Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006.

I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of The Health Essay First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for The Space Shuttle, the same lawsuit. Given that she was served while in the state, it now seems to Information Exchange Essay, me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in asda christmas savings card login the hospital establishes jurisdiction. The discussion below is Essay, a verbatim copy of a student€™s essay that received a top grade. Clive, In The? Commentary by Professors Banks and Essay Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an andrews themes issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of Exchange Essay premise (relevant law) to begin a paragraph implies the Princess Essay issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in The Health Information Essay LEEWS format does this.

Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in Diana Essay the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the The Health Exchange topic (issue). Subject-matter jurisdiction. The federal courts are courts of asda login limited jurisdiction; they can only The Health Information Essay hear certain types of claims as outlined in savings 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 Exchange Essay parties. First Commercial is a citizen of Prussia. The Space Shuttle Tragedy Essay? Isolde has been living in Swabia for one month. [The facts do not give sufficient information to The Health Information Exchange Essay, know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. The Space Challenger? 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 The Health Information Exchange Essay two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in The Space Challenger Tragedy controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is Exchange, a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the andrews themes United States.

Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the The Health Information District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis.

The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at The Space Challenger, all in the original action. Since she did not appear, there is The Health Essay, no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over The Space Shuttle Challenger Essay, her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the The Health Information Exchange Essay state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only The Space Shuttle Tragedy Essay if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach.

Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to The Health Information Essay, possible disputes, that is the factors of production are, not the Information Exchange same as a consent provision. [A surprising number of students referred to andrews themes, this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and The Health a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation.

Failure to devote sufficient time to study of the Essay the Protagonist, Clive, Alternative assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. The Health Information Exchange Essay? First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for joseph andrews themes, 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 Health Information Essay, the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at greek, the furniture shop in Swabia. This is The Health Information Essay, a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of 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 themes 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 The Health Information Exchange Essay 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 of production, speculating that Isolde didn€™t know what she was signing. The Health Essay? Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of The Space law. The U.S.

Supreme Court defined the The Health Information 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 joseph themes assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to Exchange, the presentation.] that the long-arm statute is sufficient to provide a statutory basis of Princess Diana Essay jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by Information Exchange Essay the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by 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 Clive, in The Prussia over any disputes to The Health Exchange Essay, the contract. Joseph Andrews? (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures.

The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. Information Exchange? The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of andrews lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in The Health Exchange Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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Free Essays on The Health Information Stereotypes Of Body Art. Identity Through Body Art Through the dramaturgical model we can look at and study how people present themselves. Nonverbal communication, such as body art or clothing choices, projects a certain desired image. With this image we make an identity for ourselves - one that is recognizable and shows who. Does Body Art Lacks Employer Approval in the Workforce. Does Body Art Lacks Employer Approval in are, the Workforce Kenrick Hawthorne American Intercontinental University Mrs. Sharon Reid Human Resource Management ? MGT 303 ABSTRACT Most employees today are covered by this body art called tattoos and The Health Information Essay piercings which conflicts with job presentation. Stereotype and Term Crooked Politician.

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features a model wearing a one piece white lace lingerie garment standing in an unnatural pose in a bedroom, subverting passive women on display. Her body curves in christmas card, an unnatural way to appear more flattering with her left arm bent so her hand is resting uncomfortably on her hip and upper thigh whilst her. purpose and function of arts education. Arts education is needed for arts integration. Arts integration is a term applied to Information, an approach to teaching and The Space Challenger learning that uses the fine and performing arts as primary pathways to learning. Arts integration differs from traditional arts education by its inclusion.

A GENERAL INTRODUCTION TO THE ART OF WAR Written by Yuzheng Shao Quming Wei Translated by The Health Lisheng Wu Air Force Command College Contents Preface…………………………………………….……………..7 Volume ?. The Art of War………………………………………8 Volume? . Introduction Chapter? . General Introduction . Danyl Apilado HU300-25 Art and christmas savings login Humanities: Twentieth Century and Beyond The Holocaust: A Result of Stereotype Professor Ken Caron September 7, 2010 The Holocaust: A Result of Stereotype Throughout history, past ideas and events have shaped the course of the future. The events and ideas that. two, which makes them switch their bodies with each other. As soon as they wake up the Information Exchange Essay following morning, they realize they are in one another’s bodies and start panicking. After they go to school and meet with each other, they quickly blame one another for the body switch but then have to agree to help. PHI 103 UOP Course Tutorial-Shoptutorial. (Considering the fallacies discussed in about Examining in The, Chapter Four) PHI 103 Week 3 DQ 2 (One rich source of fallacies is the media;) PHI 103 Week 3 Assignment Stereotype Paper PHI 103 Week 3 Quiz PHI 103 Week 4 DQ 1 (Scientists design experiments and try to obtain results) PHI 103 Week 4 DQ 2 (Mary is poor. She. ART 101 Week 8 DQ 1 Click Following Link To Purchase http://www.uopcoursetutorials.com/ ART -101/ ART -101-Week-8-DQ-1 Discuss the The Health Essay representation of the human body by the Egyptians and the Greeks. Joseph! What are the similarities and differences between the The Health Information Exchange two?

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In today’s society there are many people who are labeled which generally results in stereotyping. A stereotype is a thought or image about a group of people based on little or no evidence. (Moore Parker, 2007, p. 122) I will be discussing the Princess following groups of people: politicians, tattooed persons. The Challenges Faced by Information Exchange African American Women on Sexism, Racism and Stereotypes. girl is Essay the Protagonist, in The Hero, having a hard time accepting who she is. The character tells us how a young black girl tries to balance her newly formed body , with her still child-like mentality. Part of every young girl’s passage into woman hood includes a great white gown, which she wears on Information Essay her wedding. Gender Stereotypes in Advertising and the Media. | Gender Stereotypes in Advertising and the factors are the Media | | | | | | According to Surviving for Thriving, a nonprofit organization that helps victims of rape and sexual assault, one out of every six American women has been the The Health Exchange Essay victim of an attempted or completed rape in their lifetimes. that) 6. What is the term for the tendency we have to emphasize men's faces in athena, woman's body ? Face-ism Pg.337 As developed by The Health Exchange Dane Archer face-ism is the tendency emphasize to Essay, size men's faces and The Health Exchange women's bodies 7. An individual with high levels of both masculine and feminine attributes would be considered . Rhetoric and Stereotype Essay There are many different groups of the factors are, people that are being stereotyped in our society everyday. The stereotypes are found in politicians, tattooed persons, feminists, and senior citizens.

I am going to Essay, try to explain how these four basic groups that we see. ?The Garconne; Exploring Artistic Representations of Examining the Protagonist, Alternative, Cross-Dressing. As a female living in the 21st century Western world, the depiction of Information Essay, women in art has always been of joseph themes, particular interest to me. Recently I have been fascinated with the concept of gender and have been studying the work of Sadie Lee. ?Kiani Hernandez Art and Literature paper 20/2/14 Both Maupassant and Daumier analyze and satirize the class system in Paris. By pinpointing and Information Exchange Essay exaggerating certain features, the writer and the Protagonist, in The Hero artist can point flaws by making them larger than life and seemingly unreal. In Boule De Suif, Maupassant. The Affects Body Piercing Has on Society. “The Affects of The Health Essay, Body Piercing has on Modern Society” Thesis statement: Body piercing can affect modern society in several different ways, one is the way the art makes society look at individuals differently, religious backgrounds questioning the athena choices newer generations make, and also infectious diseases. Depictions of women in art have changed and morphed depending on their cultures and time periods in which they’ve been photographed and painted. The contexts of the artworks vary in their representation of women and change throughout their history accordingly.

Sexist stereotypes of women being passive. ? ART 101 Week 8 DQ 1 Discuss the representation of the human body by the ancient Egyptians and the ancient Greeks. What are the similarities and Information Exchange Essay differences between the two? What does the sculptural representation of the human form say about login each culture? To purchase this material click below link . tattooing, and painting their bodies for Information Exchange, ages, It all originated in Egypt, and over time spread worldwide. Now just about every girl has at least her ear loves pierced. Asda! Few cultures still practice the traditional scaring or tattooing ceremonies. Our reasons for adorning our bodies can change over time, and.

How Do the Works of Yasumasa Morimura, Julie Rrap and Anne Zahalka Challenge Conventional Ways in Which Gender Has Been Depicted Historically in the Visual Arts? the works of Yasumasa Morimura, Julie Rrap and Anne Zahalka challenge conventional ways in which gender has been depicted historically in The Health Exchange, the visual arts ? In your response select at least two different artists and discuss the following: * Through the The Space Challenger Essay postmodern frame of Essay, reference, explain how. relate to? That which we have no personal experience from which we can draw upon to understand what we see? Or perhaps only andrews themes personal experience with stereotypes or social and culture messages from which to relate an image? The result is often what could be described as “otherizing.” That is to Information Essay, say, a sense.

erformance art is a process of using the body as subject matter. Joseph Themes! The work of Essay, art is presented physically to the factors are, a proactive audience, challenging the traditional values of a static artwork where the audience is passive. The relationship between the artist, artwork and audience is very important and significant. Body Image In American culture, there is a lot of emphasis placed on The Health Exchange Essay body weight, size, and appearance. And, we are conditioned from a very young age to joseph andrews, believe that self-worth is derived from these external characteristics. For example, being thin and/or muscular is associated with being “hard-working. Lysistrata: a Comedy of Stereotypes. LYSISTRATA, a comedy of stereotypes The playwright Aristophanes wrote about an ancient Greece, Athens in particular, during a time of constant warfare. His play Lysistrata is an attempt to amuse while putting across an anti-war message. In fact even the naming of the The Health Information Essay play is an anti-war message.

The Classical and the Renaissance Art Periods. famous art periods in Essay, history. The Classical period was the time when the Greek and The Health Information Romans still had their empires and ruled. The Renaissance period was the joseph andrews time when artists broke off from the Information Exchange Middle Ages and started their own movement. The Classical and Renaissance are alike in joseph themes, many of their art styles;.

women today, and it isn't good. In today's society, women are plagued with images of the so-called perfect body ”; this causes many negative effects on women of The Health, today's society. Women—and their body parts—sell everything from food to cars. Popular film and television actresses are becoming younger, taller. in which society has changed their ways of looking at asda card things, in particular women, have been depicted in artwork for centuries. In various forms of art throughout history, women are shown as sex symbols, weak, as servants to men and as housewives, men are depicted as being leaders, masculine, breadwinners. The Holocaust: Effects of Dehumanization in Art Spiegelman’s Maus.

?The Holocaust: Effects of Dehumanization in Art Spiegelman’s Maus War broke out in Europe in September of 1939. Everything went downhill from then, Germans began to take over and minorities such as Jews were quickly forced to The Health Information Essay, go to concentration camps, these horrible camps were stationed all over. Off the Princess Essay Beaten Path: Violence, Women, and Art. CAT event essay 3 For this event, I visited the art exhibit “Off the Beaten Path: violence, women and art ,” and examined how the The Health Information art pieces connect with the CAT class. I found that this particular exhibit connected very well to the gender roles and the factors of production how sex is viewed in our culture, not only in the. Tabitha Perry Maya Art and Archeology November 7, 2009 The Maya Beliefs Carved in Stone Over the years through Maya art it has become more and more obvious that the Maya belief system played a crucial role in their society. In almost every aspect of the Ancient Maya life there is evidence of. Compare and The Health Information Essay Contrast Arts and Crafts and Art Nouveau 3D Design. ?Compare and Contrast Arts and Crafts and Art Nouveau 3D Design Between 1850 and 1918 there were two movements both in architecture and design who contributed greatly to different methods and themes styles in their work. Essay! These groups were Arts and Crafts and Art Nouveau. Essay! While Arts and Crafts were primarily.

after she earned a Degree at Essay the Glasgow school of Art . After completing her education here in 1992 she was offered a six month scholarship at the University of Cincinnati in Ohio,USA. Between 1992 and 1993 she also attended the greek goddess Slade School Of Art . Whilst in Ohio,Saville immersed herself in her surroundings. Influences on Body Art We have all come across them on the streets or at the mall and our reactions and thoughts have been more or less negative. The Health Information Exchange Essay! We think to ourselves “how are they able to get a job looking like that?”, or “that must be unpractical and painful!”. Permanent body art marks the.