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Berlin Reunification Essay Sample. The 1989 fall of the Berlin Wall and the subsequent reunification of the city was a historical occasion that changed the region and ppt writing, the world for ever. Essay! In the attempt to understand the significance of this occasion, subsequent sections of this paper will provide various issues touching on Berlin Wall. First will be activities that led to fall of the well, followed by ppt writing the American influence, then by short autumn reasons that necessitated declaration of Berlin as Germany#8217;s capital, and finally the effects of reunification in the city#8217;s cultural, religious, economic and political life. The later years of 1980s were marked by slow disintegration of socialist experience in Eastern Europe and other practicing countries in the world. The division of Berlin city between the ppt writing resume, capitalist west and socialist east was not spared either. Towards the end of 1989, Hungary, a communist country relaxed its borders with Austria, which resulted to a2 course work, over 10,000 Eastern Germany tourists flocking into Austria (Taylor, 2006, p. 140). This was a great opportunity to escape from the restrictive East Germany, considering that freedom of movement to other countries, especially West Germany was tightly controlled. At the same period, people in East Germany consistently demanded for relaxation in the freedom of ppt writing movement.

Indeed, demonstrations by essay East German residents was a common place. Ppt Writing! In October 1989, Eich Honecker who had governed East Germany for many years resigned amid people#8217;s demonstrations for a change in way things were run in the country (Turner, 1992, p. 150). He was replaced by Egon Krenz who was not totally able to thesis cglp, control the volatile situation in the country. Indeed, change in leadership without political and economic reform agitated by the people led to ppt writing resume, exacerbated the situation further. The residents were getting impatient with the day. People were consistently agitating for “wanting out”, meaning that they wanted to live the king of life that their western European colleagues were living.

Authorities, too, were seeing the life in thesis cglp the communist-run countries as getting worse compared to the improvements in capitalist nations, which led to the relaxation of movement rules. Other than agitating for the freedom of movement, people in East Germany were also agitating on the improved living conditions in their country. Resume! This sentiment was especially strong on the people that saw economic and political reform as one of the essay autumn season, surest way of getting from the crisis that engulfed the country. Resume! To this group, the freedom of movement meant being able develop political and economy ties with West Germany. It was therefore necessary to open Berlin Wall#8217;s crossing gates to the population in East Germ,any.

In the thesis cglp, end, East Germany authorities were faced with increasing pressure from ppt writing their own people to embark on opening the crossing points. The poor economic situation in the country was also becoming a catastrophe that many the writing, authorities so the need of controlling. There was also a great deal of ppt writing resume pressure that was coming from other countries in the world. This meant that East European authorities faced the pressure of dealing with with need for reform that were coming from within and the international pressure—both led to giving up on the resistance and essay for kids, letting people cross the wall into West Germany. Eventually, Eastern Germany authorities allowed the masses to travel to West German. This resulted to multitude of ppt writing people running to a2 course work, the wall for crossing. Guards at ppt writing resume, the Berlin Wall were overwhelmed and had no other choice other than letting people cross. The news spread quickly all over the region, which resulted to the people running to get souvenirs (wall pieces), which resulted to increased destruction of the wall. At the same time, authorities in East Germany were demolishing some sections of the wall in the attempt to have construct more crossings. Finally, large portions of the on space, wall was destroyed, which resulted to the the complete fall of Berlin Wall. this was of great significance in the entire Germany because it resulted to the reunification of the city and the entire country. To the rest of the world, the fall of Berlin Wall signified the end of communism in ppt writing its most strong areas, and thus provided hope that other nations in the world practicing communism would finally go back to market economy.

The US was heavily involved in the fall of Berlin wall. In fact, the United States had been against the construction of the wall in a2 course work 1960s, and had equally agitated for resume, the destruction. President Ronald Reagan famously called on Mikhail Gobachev of Russia to tear down the Berlin Wall. This remark was made when President Reagan was visiting the whitman poems essay, region in 1987, two years before the ppt writing, wall finally came down. Given that the United States was among the a2 course work, countries occupying Germany after the end of World War II, it was obligated in ensuring that people in the country were living better lives. Considering that the purpose of occupying Germany had been achieved through the complete destruction of forces that had participated in the WWII, the Berlin Wall was now seen by the US as the only remaining obstacle to the complete unification of the country.

In addition, the United States was interested in ppt writing seeing the end of communism in the region, just like other capitalist countries. This meant providing all the essay, support needed to ensure that West and East Germany had united into one country. By 1989, it was evident that both countries had to resume, merge for the eastern part to benefit economically. It was also evident that the merger between the noise, two parties would have resulted to the East dropping its political and economic ideologies in favor of the ones practices by West Germany. In this regard, the United States was ready and willing to support the fall of Berlin Wall and the country#8217;;s reunification. The United States diplomatic corps in Europe were therefore well equipped with the necessary support to ensure the ppt writing resume, country#8217;s reunification. Rather than go it alone in their delicate process, the US joined hands with other countries in the Western Europe that were also interested in seeing the country unite. These attempts finally paid well as the Berlin Wall, long seen as stumping block was dismantled, freedom of movement restored, and poems essay, the country finally got united gain. Upon the reunification of West and East Germany, the city of Berlin was one again declared as the capital city. Government operations, including the nation#8217;s parliament were moved to Berlin.

During the country#8217;s division through Berlin Wall, West German had taken city of Bonn as the capital city, whereas East Germany had their part of Berlin as the capital (Galante, 1965, p. 80). There are differing reasons that led to the use of the city as capital to the newly unified country. First, having Berlin as the capital was a natural decision for country leaders to undertake. This is considering that Berlin had been the capital even before the split. Moving the capital to another location after unification would not have healed the country as did Berlin decision. Secondly, having been the capital city of Germany before, Berlin had the necessary infrastructure that could have supported government activities. Though some of them had been destroyed during the war days, they would have required renovations to be used again. This is an easy task compared to another decision that could have led to another city becoming the capital. In such a case the country would have faced greater costs that would have delayed or slowed down the reunification process. Thirdly, owing to the many years of resume division that German republics had experienced, the choice of another city would have resulted to an acknowledgment that the country was still divided and there was no way of walt whitman making things better again. By choosing Berlin, leaders succeeded in sending signore that German was ready to unite and ppt writing resume, work together as one country.

This was a total vote of confidence that people of both sides had over the new leadership of a United country. Fourthly, naming Berlin as the country#8217;s capital led to the country providing hope for the masses that lived in Berlin. These were the people that paid heaviest cost of the country#8217;s division. Naming their city as the thesis cglp, united country#8217;s capital was tantamount to showing confidence and hope that the worst in the country was over, and ppt writing resume, now was the time to move ahead with other developments. This marked the beginning of a2 course work a new country that was committed to future development of its people, whether they were from former East or West. Another factor for choosing the Berlin as the capital must have been the city#8217;s location. Moving center of government to the area that was less stable meant that the leadership at that time was interested in overseeing the country gain its footing. Considering that East German and environs were the less economically successful areas in the country, having the government close to them provided confidence that someone was concerned with their plight. In addition, moving the center of government to the less stable area was to serve as show of ppt writing power, that the government was interested with the development of all areas. As mentioned in the introduction, the fall of Berlin wall and the subsequent reunification of the city and German republics had greater effects on the society.

Economically, considering that East German had to drop the use of communist practices, the region stated reemploying the free market way of thesis cglp running the economy. As a result, the the former east saw many of the former state owned establishments get privatized. This was meant to reduce the burden of government and streamline production. people from both former east and west Germany were invaded to take part in the ownership of the factors of production, which was hoped to resume, increase quantity and quality of on space for kids economy output. Resume! Residents of the former eat Germany benefited from the improvement of economic and political conditions in the country. Short Essay! The improvement of political freedom meant that the could participate in the country#8217;s political process. This was facilitated by the expansion of democratic space in resume the unified Germany.

The freedom of movement that had previously been controlled by eastern German authorities was finally a thing of the past. Thesis Cglp! As a result, people from resume both sides of the city could visit each other and thesis cglp, even choose on places to live. This newly won freedom helped in ppt writing quicken the speed of reconstruction of the city and lives. The increased interaction of the peoples in the new Germany also meant the beginning of a2 course work merging of the Germanic culture that had been diminished in the east. The University of Berlin once again took its place as the center of celebrating Germanic culture (Schneider, 2005, p. 115) as activities that had been moved to other cities in the country were relocated back to ppt writing, the city. Help! This was a great plus to the people of Berlin and the entire country. The freedom of resume worship that had been restricted in the East was also completely relaxed, which meant that the people were more free to participate in religious activities of their choice. The fall of Berlin and essay writing noise pollution, the subsequent reunification of the country from the two halves was thus an important phenomenon for the country. The biggest beneficiary of this occurrence were the former residences of East Germ,any that found their personal, economic and political freedom expand significantly.

For those in West Germany, their biggest victory was being able to resume, cross onto essay on space the other side with little restrictions. The entire German republic was finally able to unite and go ahead with economic and political development that had been dented by the erection of resume Berlin wall. Galante, P. (1965). The Berlin Wall . Garden City: Doubleday. Schneider, P. (2005). The Berlin Wall Jumper . New York: Penguin. Taylor, F. (2006). The Berlin Wall. New York: Routledge. Turner, H. Thesis Cglp! (1992). Ppt Writing Resume! Germany: From Partition to Reunification . New Haven: Yale.

Is this the a2 course work, perfect essay for you? Save time and order Berlin Reunification. essay editing for only $13.9 per resume, page. Top grades and a2 course work, quality guaranteed! Relevant essay suggestions for Berlin Reunification. Berlin has been the primary site of political, social, and cultural transformation in modern Germany. Unlike any other German city, Berlin, known as the “Athens on the Spree and resume, City#8230; Positive and thesis cglp, Negative Effects of ppt writing resume Cold War on help, Germany. When looking at the Cold War most everyone begins to think about the United States and the Soviet Union. Even though these were the major countries that brought it up#8230; Rizal Paris to Berlin (1885-87) Rizal went to Paris and Germany in order to ppt writing, specialize in ophthalmology -He chose this branch because he wanted to cure his mother’s eye ailment He also continued his travels#8230; How Far Was the Dispute over Berlin 1958-1961 a Primary Cause of the writing help, Cuban Missile Crisis? The Cuban missile crisis of ppt writing 1962 is frequently described as the moment the cold war turned hot. Many believe that this thirteen-day period was the closest the world came to#8230; After the events of the Cuban Missile Crisis, tensions worldwide, including within Europe, eased significantly, all sides agreeing to work towards a policy of detente.

The leader of the Federal#8230; The Years of the Berlin Wall: From My Eyes. August 13, 1961. A day of misery, ordeal and dashed hopes. I had woken to the sound of an obstreperous shriek and what seemed like a case of mass hysteria#8230;.

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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 resume applicable to bar as well as law school exams. Unique, proven systems are put in place for short essay season (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in ppt writing resume concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of whitman, a [practicing] lawyer. I briefed, outlined my notes, reviewed the ppt writing law, but still felt totally unprepared for a2 course work upcoming exams. Resume! 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 help, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. Resume! (You are basically asked to identify and writing help, analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. Ppt Writing Resume! 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 walt whitman essay, bring in ppt writing resume class notes, textbook, outlines, whatever, which tends to short autumn, reassure students.

However, open book is misleading, as there is ppt writing typically little time to refer to aids. Open or closed book, the law you need to know should be in on space 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 resume, midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the on space for kids 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. Ppt Writing Resume! Following are models of the LEEWS approach to help, breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of resume, concise paragraphs, roughly one per assignments help issue [Writing Phase]. Ppt Writing! The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to poems essay, 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 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. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to ppt writing, identify or spot the thesis cglp legal issues that would be of resume, interest to a judge or lawyer.

You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at autumn 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 ppt writing, diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the a2 course work question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.

As she explained to her husband moments later by 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 be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the resume most graceful move in the world. Short Essay! At which point Coris determined to ppt writing resume, sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by short essay autumn 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 resume, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions:

1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the writing 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 ppt writing, blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and short season, otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation.

5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in ppt writing small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and thesis cglp, wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper).

Personal Jurisdiction €” Generally, in order to ppt writing resume, determine the rights and duties of parties to an action, and to short essay, 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 resume present in a2 course work the state where an action is brought, and personally served with process. Where personal service on ppt writing, a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by writing help affixing a copy of the ppt writing resume summons and complaint to the door or other conspicuous place at a2 course work 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 ppt writing, 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 essay requirements of ppt writing, due diligence. Waiver of thesis cglp, €” 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 ppt writing resume, personal jurisdiction, the defense will be deemed waived on appeal. Requests for essay writing pollution admission €” A request for admission imposes a duty on the party served to acknowledge the resume existence of noise pollution, facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to ppt writing, respond.

Failure to writing help, timely respond results in the matter being deemed admitted. Inter alia , it is ppt writing permissible to request that a party admit to thesis cglp, a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an ppt writing resume, admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is essay on space for kids negligent, per se). Res Judicata €” Doctrine that for ppt writing reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is a2 course work generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of ppt writing resume, a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to thesis cglp, the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Resume! Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the poems 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 resume, 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. A2 Course Work! [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. 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 ppt writing resume a civil procedure exam, the objectives that count for a2 course work purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. Resume! 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 walt whitman that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of ppt writing resume, 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 to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for essay writing noise relevant premises.] 1 = Venue of resume, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . Thesis Cglp! 5; . . Ppt Writing! . 6.]

3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to essay pollution, be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an ppt writing, independent exercise. It is part and parcel of short autumn, inspecting the ppt writing law giving rise to the premise under consideration to walt poems, determine whether it is necessary to state all of the law to begin the resume first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.

[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. 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 thesis cglp 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 relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Ppt Writing Resume! (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 a2 course work trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. Ppt Writing Resume! [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at short essay autumn 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 ppt writing resume 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 assignments writing, mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in ppt writing 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 thesis cglp, lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Ppt Writing! Nevertheless, he appeared, answered the assignments help complaint, defended in the action, and at no time prior to appeal claimed lack of resume, personal jurisdiction. Arguably, raising the claim on appeal is after trial.

However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of 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. Essay Autumn! 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 indication of Coris' truthfulness. Ppt Writing! 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 essay writing noise pollution, remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. Resume! 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 walt whitman poems, that should not be necessary to prove at trial.

However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is ppt writing negligent, per se). The statement in question seems manifestly a matter that is in a2 course work some doubt, and that may be necessary to prove at trial. Moreover, in ppt writing that negligence is a legal conclusion, the statement would appear to be an abstract statement of season, law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of resume, acknowledgment. A final judgment on essay pollution, the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in ppt writing resume the primary action herein.

A directed verdict during trial seems both a final judgment and a judgment on thesis cglp, 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 ppt writing four wheel drive and walt whitman, 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 resume, RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to writing, forty million dollars. Resume! 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 thesis cglp, the board of directors. Ppt Writing! They further owned thirty percent of the outstanding shares, by far the essay 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 ppt writing fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and essay writing, other records relating to the ski resort venture. When she refused to accede to resume, 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 essay, persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of resume, RIPCORP against the corporation and the Bottomline brothers personally to gain access to essay noise pollution, the books and records, to block the ppt writing 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 the board of directors, and failure to state a cause of action. Whitman! 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 directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to ppt writing, quash these actions.

How should the court decide the whitman poems essay 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 ppt writing, powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a2 course work, 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 ppt writing resume, 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 short, minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the resume corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Walt Whitman! The latter derivative action may be maintained only if 1) the plaintiff is ppt writing a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the assignments writing plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to ppt writing, minimize the 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 essay writing noise 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 a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. Ppt Writing! The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of noise pollution, good faith and reasonable care in ppt writing the circumstances. A2 Course Work! The corporation may purchase insurance to indemnify officers and resume, directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on short autumn, 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 be considered separately. Ppt Writing Resume! [Note the essay on space enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the ppt writing motions in conjunction with the sentence that precedes them reveals the assignments writing help single conflict pairing throughout.] RIPCORP, Inc. Ppt Writing! v. Meddle, etc., or vice versa for each motion (i.e., question).

Objectives : [Somewhat confusing, as the assignments writing help 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 (!!). Ppt Writing Resume! 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 same. Step Two €” [RIPCORP is movant for motions 1 and essay noise, 2, Meddle for 3. The motions themselves, especially the first, point to ppt writing resume, overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of thesis cglp, 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 ppt writing resume, 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 essay writing pollution weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to resume, skip Step Three and thesis cglp, go to the writing phase .] Preview of resume, 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 short essay season corporation in ppt writing resume 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 essay on space 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 ppt writing, inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. Walt Whitman! A shareholder may examine the ppt writing 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 on space for kids, 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 ppt writing, 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 a2 course work purposes or powers of the corporation, and sometimes acts within the purposes and ppt writing resume, 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 essay, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for ppt writing resume not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of autumn season, 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 any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.

Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to ppt writing resume, the Venture seems hardly without merit. Short Autumn Season! [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Ppt Writing Resume! 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 defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. On Space! The corporation may purchase insurance to resume, indemnify officers and directors for even the essay pollution above judgments, providing no deliberate dishonesty or unlawful gain on the part of the resume officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against.

The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the pollution Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of 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 resolution that purports to ppt writing resume, indemnify against judgments obtained on behalf of the a2 course work corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of resume, 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 with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to thesis cglp, 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 resume, 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 autumn 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 hand, set fire to ppt writing, some papers. One of the papers destroyed was the poems essay original copy of the resume 1999 codicil, which T had been reviewing. 4) Y died in a2 course work 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption €” Occurs when a specific legacy (defined below) is ppt writing not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to thesis cglp, a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of ppt writing, a will that is, in form, properly executed. Essay Noise! This is so despite the fact that the will so republished may have been invalid for want of resume, 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. A will may further be revoked by a2 course work means of its physical destruction.

Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from ppt writing, all other articles of the same or similar nature. 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 essay 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 ppt writing resume, T's estate. Each will be in opposition to essay, anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is resume valid and controlling.

Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in essay autumn my wills toolbox will come into play. However, it would be inefficient and resume, confusing to try to for kids, sort them out at ppt writing resume this point. Better to focus on assignments, one conflict at resume a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to essay on space for kids, the instruction. B v. Z might confuse.

But I'm thinking B v. Z!] As a general rule, a subsequent will that is ppt writing 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. Short Essay Autumn Season! This is resume so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of a2 course work, making. The properly executed 1999 codicil republished the ppt writing resume properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the 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 short essay autumn season means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.

The circumstance that the resume original copy of the thesis cglp codicil was destroyed inadvertently in 2000 is thus of no avail to ppt writing, B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the a2 course work 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 resume, be such a particular, individualized chattel. In that Swayback was sold prior to writing pollution, 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 resume many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is poems not disqualified by having witnessed the ppt writing resume 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. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will.

Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to a2 course work, take under the 1994 will per resume 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 short essay autumn season having the will probated is compromised. Y, however, not S stood to take under the ppt writing 1994 will. Short Autumn Season! Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to ppt writing, witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.

However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. A2 Course Work! I might even decide to put it on the blank page left at ppt writing resume 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 assignments help probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. 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 ppt writing resume, 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 presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is walt whitman poems essay a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and ppt writing resume, how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to a2 course work, the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). Ppt Writing! . 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. You are responsible for following them to the letter and a2 course work, 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 ppt writing resume, 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for essay writing pollution written analysis. Part II consists of 35 multiple choice questions. Ppt Writing Resume! If your examination is a2 course work incomplete, you should advise the instructor immediately.

It is your responsibility to ensure that you are working with a complete examination. The exam is ppt writing 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. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Short Autumn Season! Answer only the question asked and ppt writing resume, do so with organization, precision, legibility, and assignments, proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the ppt writing resume rule or statute by number. 3. Assignments Writing! Write on ppt writing resume, 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 thesis cglp, mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the ppt writing examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and whitman poems, return the booklet in resume order that your exam answer sheet may be matched with the correct version of the essay answers.

Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the ppt writing resume traditional bases recognized by the Supreme Court up to the date of noise pollution, its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. Ppt Writing Resume! § 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 a2 course work relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by ppt writing an act or omission in this State; (c) causing tortious injury in thesis cglp this State by an act or omission outside this State if the ppt writing resume 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 essay on space this State; (e) contracting to insure any person, property, or risk located within this State at the time of resume, contracting. X.C.A. Walt Whitman Essay! § 2-2-222: In any suit brought in the courts of this State, service of resume, process may be achieved by sending a summons and a copy of the for kids complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of resume, business, wherever located. The problems in writing help Part I are worth a total of 45 points. They are not of ppt writing resume, 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 essay, Swabia where most of resume, their customers are from.

Sometimes people from the writing help nearby States of Prussia and ppt writing, Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and thesis cglp, lived there with her parents until June, 2003, when she moved into ppt writing, an apartment in Swabia to on space, see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on 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 ppt writing resume, First Commercial. By telephone, they requested the bank send them the a2 course work paperwork at their shop. Resume! On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to walt whitman poems, be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan.

When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the ppt writing unpaid principal and interest. Essay! First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in ppt writing resume Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and thesis cglp, summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the ppt writing resume judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.

Be sure to for kids, 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. Resume! 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 First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for essay for kids the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is resume unquestionably valid and is enforceable in essay writing pollution both Swabia and Bavaria. Please discuss fully whether you believe that assumption is ppt writing resume 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. Thesis Cglp! . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of ppt writing resume, R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an thesis cglp, abrupt statement of premise (relevant law) to begin a paragraph implies the ppt writing resume issue, making a separate statement of assignments writing, issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.

Our only suggestion is that underlining or boldfacing key words in ppt writing resume the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to writing, assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of resume, limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by whitman poems Congressional Statute. Ppt Writing Resume! 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 essay on space parties. First Commercial is a citizen of Prussia.

Isolde has been living in ppt writing Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at thesis cglp 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 ppt writing resume more than one month, but not the walt two or three years that some students stated.] She can argue that she is still domiciled in ppt writing Prussia, where she lived her whole life up to June of 2003, because she only moved to walt whitman essay, 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. Ppt Writing! However, if Isolde is found to have relocated to Swabia with the walt whitman poems essay intent of staying for ppt writing the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against assignments writing, 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 a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.

However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over ppt writing the person. Whitman Poems Essay! Because this has not been litigated, it can be raised on collateral attack in ppt writing resume the enforcing court. [We would have preferred a discussion at whitman poems essay this point that specifically points out resume 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 essay on space for kids, support your analysis.

The reason Isolde can raise personal jurisdiction on ppt writing resume, collateral attack is because she did not appear at walt poems essay all in the original action. Since she did not appear, there is no reason to resume, 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 short essay season state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only ppt writing resume, if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Thesis Cglp! Because it is resume necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on on space for kids, the basis of resume, domicile. A2 Course Work! Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is ppt writing not the same as a consent provision. [A surprising number of students referred to a2 course work, this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the 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 not a choice of law provision. Resume! Mistakes of essay autumn season, this type may be attributable to sloppy reading of the ppt writing facts but they are also a strong indication of a serious lack of preparation. Essay! Failure to resume, 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 Burger King opinion and to help, pay attention to our class discussions of ppt writing resume, it.] Statutory basis. 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 relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at resume the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the essay out of ppt writing resume, 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 a2 course work 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 the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of ppt writing resume, state defendant in International Shoe: jurisdiction is constitutional only writing, if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the ppt writing resume 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 the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only for kids, 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 ppt writing resume the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the noise pollution loan. They reached into ppt writing resume, 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. (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 a2 course work choice of ppt writing resume, law provision; Prussia has an interest in adjudicating its own laws. Essay Writing Pollution! 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 ppt writing, Prussia as an unfair forum for thesis cglp Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of ppt writing, 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 whitman essay, process in the enforcement proceedings in ppt writing 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 essay for kids, a failure to study the problems following that opinion in the casebook.]

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5 Resume Tips for a Project Manager. Hiring managers are looking for resume individuals that can wear multiple hats on a2 course work, a given day, and will determine who they call in for ppt writing resume an interview based in large part on how well the whitman essay applicants’ resumes match up to these needs. One essential to a project manager title is the ability to ppt writing resume, shift focus and essentially demonstrate that in an interview. Writing Help! Experience is one of the biggest advantages applicants have for this position. Certification and education is ppt writing, also important, and should be highlighted alongside your professional experience and achievements.

With this in mind, there is a whole host of specific hard and poems essay soft skills that hiring managers are specifically looking for. In this article, we’ll go over five resume tips for project managers. The format of your resume matters, as does the order in which items are presented. Ppt Writing! Since project management is a skill and experience heavy position, you want to essay autumn, choose a resume format that emphasizes these qualifications. While a functional resume might seem to be the obvious choice, a hybrid of ppt writing resume, chronological format is more likely to be well received by a hiring manager in today’s market. Functional resumes emphasize experience and skills, however they do so in a way that leaves hiring managers wary of the actual qualifications of the applicant as it is commonly used to hide employment gaps and cover up lack of direct experience in the position. A chronological resume is the go-to standard and has been for some time. It allows you to list the positions you’ve had over the past 5-10 years in reverse chronological order, listing your responsibilities, qualifications, and achievements in each position. A hybrid resume format gives you a great way to display specific qualifications and skills while still giving that important chronological work history hiring managers expect.

Emphasize Hard Skills. Hard skills are vital a project manager. You use them every day, and essay autumn a good project manager will continue to grow their list of hard skills throughout their career. These skills range from resume, practical and general to task-oriented. Whether you’re a project manager that specializes in construction, IT, or other industries, having hard skills that align with the position you are applying for thesis cglp is key to resume, your success. You can get a really good idea of the hard skills a hiring manager is looking for by reading the job posting carefully. Highlight proper nouns such as specific software applications or propriatary systems. If any of these apply to short essay, you, find a way to ppt writing resume, work them in your resume. Assignments Writing! Either list them along with examples of your achievements in your work history or bring them in your qualifications summary if you are going with a hybrid resume format. Certifications are a great way to prove hard skills outside of education and direct experience. We’ll get into certifications in more detail later on.

Soft skills are the bread and butter of a project manager. Resume! These include skills that are difficult to train, such as personality traits like patience and thesis cglp quick thinking. For project managers in particular, skills such as organization and accountability. Find a way to include soft skills in your resume as directly as possible. Generally, these are implied, however modern resume tracking software depends on keywords to ppt writing, filter out candidates. Consider listing soft skills and following them with an noise pollution example from your work experience. For example, here is a bullet point from a job in a resume work history. Accountability: Created a simple and straightforward metrics system for tracking and developing project participants resulting in a 25% increase in team efficiency.

Soft skills are sought after by employers for a number of reasons. Ppt Writing Resume! They are difficult to writing, train, unlike hard skills, and hiring a candidate that is able to demonstrate their ability to meet this criteria is ppt writing resume, a good thing for the company. It helps to list projects you’ve worked on within your work history, but going too far into detail can make the essay for kids hiring manager’s eyes glaze over. Think about the stories you can tell in the interview! List the most important and relevant projects in your work history.

Focus on one or two bullet points (at most) for ppt writing resume each of help, them, or even just a brief description of a single sentence. Keywords are more important that details. Remember that resume software has filters that narrow down candidates before the hiring manager even gets a chance to look at your resume. Your challenge is to pack as many job-specific keywords as possible into resume, your resume without making it long-winded or off topic. Here are the walt whitman essay only questions that you should feel compelled to ppt writing, answer regarding a project in your resume: What was your role in the project? What made the noise project a success? What was the size of your team? Resumes should be one or two pages at most. Ppt Writing Resume! You really only have up to 30 seconds to earn an interview spot here, and your resume should be able to convey the important details in for kids less than that time. Certifications, education, and other knowledge-based qualifications are a great thing to have, and should be included in your resume.

Unless you are working with a high school diploma and work experience alone, a certifications and/or education section on your resume is a great thing to have. IT project managers, for example, often have to have at least a working knowledge of the systems they’re overseeing development for. Having a certification in those systems is a big plus in resume the eyes of many companies. If you don’t have certifications, think about obtaining some. If you have a job already that provides free or incentivised classes and/or certification tests, these could prove useful in future job searches. Any additional training is a plus, especially when dealing with large companies that hire based on firm qualifications.

Online classes through respected providers, any personal-time projects that relate to the job you’re wanting, and walt essay more could be worth mentioning in either the resume or the cover letter to increase your chances. Scan your Project Manager Resume and job description here:

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