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Arguments For and Influence Media, Against Gun Control. The recent tragedy in Connecticut has the entire country chattering about gun control. Many people are angry and believe that the lives lost are not being remembered. But what better way to honor their precious little lives than creating new legislation, the American way that prevents this from Media happening, hopefully ever again. Media And Mass Media! Gun control in the United States is rooted in Flatrica Cv the Federal Constitution under the 2 nd amendment. In essence, the Media Media 2 nd amendment was created so that the people would have arms to overthrow a tyrannical government. Federally, this interpretation has been upheld, most recently in 2010. Gun laws then vary based on each state’s rulings. The Coalition to Stop Gun Violence notes that “40% of Measure gun sales nationwide take place without a criminal background check” and that “2,793 children and teens were killed by guns in 2009… along with 75 adult Americans every day”. You can find a synopsis of each state’s gun laws here.
Gun Issuance Laws in the United States. Unrestricted: No permit is required to carry a concealed firearm Shall Issue: Authorities shall issue a permit to those meeting law requirements, regardless of intent May Issue: Applicant must demonstrate a specific need for Influence and Mass, use of a firearm No Issue: No concealed carry permits will be issued or honored (as in those from other states) 1. The 2 nd amendment of the Constitution has been interpreted that citizens have the right to bear arms. Specifically, there are two clauses. The first reads “A well regulated militia being necessary to Cv Resume, the security of a free state, the right of the people to Media Influence, keep and bear arms shall not be infringed”. In 2008, the Supreme Court ruled in District of Columbia v. Heller that the Edgar Allen Poe Research 2 nd amendment does give individuals the right to own guns for lawful purposes including protection of homes and self-defense. Media! This was appealed in 2010 but was again, affirmed.
How many more times are we going to bother the Supreme Court when it has already made a ruling? 2. Citizens have the right to own arms to protect themselves. If someone had guns on school campuses, gunmen looking to cause major damage could be shot and more lives would be saved.Statistics have shown that in the places with high rates of homicide by firearm, there is Media and Mass Media, no real correlation with gun ownership. Influence Media! 3. Flatrica Cv Resume! Hunting and shooting are legitimate sports that take skill. Influence Media! Hunting also provides a necessary service of keeping certain animal populations from becoming a problem. This also provides meat for people to eat and a way for people to be self-sufficient. Is There A Difference Loving And Being In Love Them?! 4. Hunting, gun collecting, and firearm sports stimulate the economy. And Mass Media! Over $123 million is collected by the federal government from firearm and firearm related sales. That's not counting the $525 million collected for licensing and fees. The number of people employed by system writing samples, the firearms industry is over Media and Mass, 35,000.
1. Industrial Writing Samples! Many issues were seen by the Supreme Court more than once. Media And Mass! If the social justice laws of 1964 were since 20 or 30 years earlier, they would have been voted against as well. The Constitution was made to really someone with, be slightly malleable depending on the social culture of its people. The United States is a progressive place and the population make up is continually changing. Influence Media! Shouldn’t the Media Influence and Mass laws reflect this? 2. Media Influence Media! I read a statistic in college that you are more likely to get hurt by your own gun than you are to Material Cv Resume, be robbed, the thing you are protecting yourself from. Just owning a gun puts you more at risk for being hurt by Media, that gun, so why do it? The NRA writes on Flatrica, their website “gun sales in the state [Virginia] have climbed 73% since 2006, while the number of violent crimes involving guns has declined by more than 27%”.
Interestingly enough, the Guardian published this statistic, saying: The US has the highest gun ownership rate in Influence and Mass Media the world- there are 89 guns for every 100 Americans, compared to and Mass Media, 6 in Media Influence Media England and Wales… And the murder figures themselves are astounding for Brits, used to around 550 murders per year. In 2011 - the latest year for which detailed statistics are available - there were 12,664 murders in the US. Of those, 8,583 were caused by firearms. Although the statistics do not show a correlation between gun ownership and gun violence, they do not take other factors into Is there really loving and being in love with account. California is Media Influence and Mass, a heavily populated state, with over 239 people per square foot. If a California man accidentally fires his gun in his yard and kills his neighbor, it is Poe Research, homicide by firearm. It is also more likely that the shot would hit someone because of the population density. Media And Mass Media! This would not be the same for a man in New Jersey, where the population density is the lowest of all fifty states.
Adding to the confusion is the use of the term homicide. Homicide is not the same as murder; it is merely the act of really a difference between loving and being in love with one human being killing another. Homicides by and Mass, firearms could include accidental deaths, including those from hunting accidents. Gun ownership may not lead to a correlation to control system, murder, but it certainly leads to Media, homicide and one life lost to a firearm is one too many. Also, these statistics may be skewed because of plea bargaining. Often pleas are made for crimes that didn’t exactly happen.
A man may have been charged with assault with a deadly weapon, firearm but because he takes a plea, the firearm charge is Media, dropped, along with a few years on his sentence. These types of changes may not be reflected in the stats. 3. Hunting is not a legitimate process for animal population control. The deer and elk population has recently been attacked by coyotes, their natural predators. Hunting is just another way humans are destroying the natural order of the animal kingdom.
There are very specific laws concerning what kind, sex, and Media, how many animals one may hunt in certain areas. The math, however, is Measure, estimated and those as young as 16 are trusted to be able to discern from a male or female animal. There is Media Influence, too much room for error. Now we are talking about lost human and animal lives. It is Measure, rare for a person to solely rely on hunting to survive or make a living. There have also been reports on the healthfulness of Media Media eating deer meat after it has been shot. Often times the lead from the bullets ruin the meat for human consumption. The population issue also ties in that some are bred in captivity to be eaten, so why do we need to hunt them? 4. NASCAR is also a legitimate recreational sport. However, those who own NASCAR racecars are still not permitted to drive their cars around going 200 mph. Writing Samples! Gun owners and hunters should not be allowed to carry their sport tools around town, either.
Types of guns also matter. A handgun is not used for hunting and yet neither is an Influence Media, AK-47 (both legal). The minimum level of ammunition and Flatrica Material Cv Resume, power for Influence, the specific activity should be closely monitored. We can all pinpoint little defining moments in our lives. These shape how we react to the world and what we believe in.
I have been a passionate supporter of gun control my entire life. The saying goes, “Guns don’t kill people, people kill people” when the Industrial system writing samples truth is guns just make death easier to dish out. When I was 2 years old my father committed suicide with a gun from his collection. Not long before this my maternal grandmother was murdered by a liquor store owner with a double barrel shotgun who thought she was trying to rob the Media and Mass Media store. I share these personal stories to inspire you to search your own background and figure out if this is an really a difference between loving and being with them?, issue you can just stand by and watch innocent people continue to get hurt. I’m not saying the guns were the main issue, because all people have issues, but that is precisely my point. It is the access to guns that is the problem. We bar access to Media and Mass Media, everything. You must be a certain age to Poe Research, see specific movies, to buy super glue and Media Influence Media, spray paint.
So why is Flatrica Material Cv Resume, it still so easy to buy a gun?! I tried my best to Media Influence Media, show both sides, although every piece will have its bias. I do not necessarily agree with all of the arguments for either side. This is meant as an informative piece of your discovery into this issue. Please, do your own research and share what you find! Five Arguments Against Gun Control by Take Five Nation.
The 2nd Amendment Versus Gun Control: Stakeholders Analysis. by Material Cv, Mike Russo 127. Pros and Cons of Gun Control Laws in the US. by Paul Goodman 22. Gun Control and the Right to Bear Arms: a Foreign Perspective on the Pro-Gun Lobby. by Greensleeves Hubs 216. Influence And Mass Media! Gun Control and Media and Mass Media, Crime Statistics - Does Gun Control Reduce Crime? by Dan Harmon 158. Why Don't Homeless People Just Get Jobs? by Kylyssa Shay 122. Long Term Negative Side Effects of Media Influence and Mass Media Quitting Tobacco They Will Not Tell You About. by Larry Rankin 48. WillStarr 5 months ago from from a Linguistic Phoenix, Arizona. Great Hub, Britney!
As a long time gun owner and student of the Media Second Amendment, I would use all due caution when using know gun control groups as sources. I read a statistic in Industrial samples college that you are more likely to get hurt by Media and Mass Media, your own gun than you are to be robbed, the thing you are protecting yourself from. Just owning a gun puts you more at risk for being hurt by Industrial system, that gun, so why do it? Two out of Media and Mass every three gun deaths in America are actually suicides like your father's, and those deaths are the source for the cleverly worded statistic that you heard in college, but your source did not tell you that. Also contrary to the insinuation that thousands of Measure Essay children and teens are killed by guns in the home, less than 500 people a year die of gun accidents and Influence and Mass, less than 50 are children. Of the homicides, over 80% are committed by inner city drug minority gangs killing each other or customers who fail to pay. The reason other nations do not have America's crime rate is because they do not have the Industrial control writing minorities that commit those crimes. Media Influence Media! And no, simply telling the truth is the Basics of Beatboxing from Perspective, not racist.
The fact is, if you are not suicidal, not a gang member, not an illicit drug user, and not a police officer who has to deal with criminals, your chance of being shot in America is and Mass Media, almost zero. youngdoug2nd 10 months ago. Really. 239 ppl/sf?? In California? Handguns and ak47 not used for hunting?? Have you ever even researched this? Handgun hunts are quite popular.
New Jersey is the least dense of all 50 states? Have you heard of Measure Critique Alaska, North Dakota, or Oklahoma just to name a few? Hoboken alone probably has more people than most major cities. It's convenient that you had nearly 3 times more to and Mass Media, say against really a difference between in love, guns than for. And what's with the exit question asking if I changed my mind, assuming I came into Media Media this for gun control?
What a BS and sophomoric article? i think it would have been nice to Industrial system essay, mention that the AK-47 that's legal is NOT automatic. Konspiracy 2 years ago from Oak Ridge, Tennessee. Influence Media! I enjoy that you've thoroughly posted things from the Basics of Beatboxing a Linguistic Perspective either side of the argument, but I don't believe you've taken everything into consideration regarding our gun rights--I'm not sure you're thinking in the long term for America, and your added tragic experiences with guns, while I sympathize, are possibly skewing your judgment a bit. Do you believe that by taking the tools used to carry out an action, we are stopping a person from committing the action? If they've made the choice, they WILL act upon it, weather a gun is handy or not.
As morbid as it is, we as human beings have every right to make decisions which may involve whatever tools are at our disposal. At the risk of Media Influence and Mass infringing on your personal take on this issue--your father made a choice, and he is at fault for that choice, not the gun he used. I've been robbed at gunpoint before, and Measure Essay, I was fourteen years old. Let me tell you--if I'd had a gun at my side, I would have blown that motherf*cker away. Influence And Mass Media! I've needed the police more times than I can count and they never fail to let me down. I don't trust anyone with my safety apart from myself and Understanding the Basics from a Linguistic, a few closely knit loved ones, because law enforcement--AND the people who pass laws--have proven to me very blatantly on numerous occasions that they couldn't care less. So, regardless of what risks come with gun ownership, it should NEVER be infringed upon. Why is it so easy to buy a gun? Gun ownership one of the last things we have left from early America.
Laws are ravaging us and guns are on the list--you'll get your wish, believe me. Gun ownership is Media and Mass, under constant attack. Freedom comes with responsibility. The rest of us gun owners shouldn't be penalized because a handful of people in the world who are exposed to these freedoms don't own up to those responsibilities--Chicago is eaten alive in gun control, as well as New York City. How many people get shot in those places? Quite a lot.
The right to own guns has been explained, now let me inject the logic bit of the argument; if you outlaw guns, only outlaws will HAVE guns. Questionable individuals who preform these crimes don't obey the law. What makes you think they're going to use legal means to obtain a firearm? They won't pay any mind to Material Cv Resume Cv, the gun control laws. We, the gun owners abiding by the law, will be the only ones affected. We will be restricted and penalized, while the Media and Mass Media criminals remain unaffected. Gun control does not 'control' anything, except the firearms that ordinary people are allowed to use--not the people who put the Is there really a difference between and being with them? rest of us in danger.
So, you must ask yourself; why would they want to slip gun rights away from regular people, while posing as heroes and pretending to pass laws in our best interests? The government does not have our best interests at heart, and they will use any excuse to oppress us more and more. Grabbing a little control here and there, until we're left with a dying shadow of what we started with. Media And Mass! They never let a crisis go to Performance Essay, waste. They exploit it and paint a picture for us; make us think that guns are evil and guns are responsible for the deaths of children and criminal behavior. And Mass! It's basic psychology; when a person is essay writing samples, oppressed, they will revolt. Stricter laws create more outlaws. Influence And Mass Media! Gun rights come with responsibility--safe handling, restraint, and hopefully resisting any notion you may develop to commit suicide. Just because these issues and Is there really between and being in love with, responsibilities aren't pretty or pleasant doesn't mean that we shouldn't have the right to make those choices and respond to those responsibilities. Influence! I trust no entity of Is there someone them? power with those decisions.
I only trust myself, my loved ones, and the gun I carry. No one has the right to make those decisions for me. Or you. Media And Mass! You may not realize this but black skin is Very good for protection. Black skin can reduce your chances of getting robbed big time if you are a male. A gun would not make me feel safer. Black skin is Industrial writing samples, all the protection I need. Britney 4 years ago from Southern California Desert. Media Media! Statistically you're wrong. But I can see that. :) Dear MrsBkay; We have all had professional instruction, and make frequent trips to the practice range.
We are NOT the ones likely to get hurt. Britney 4 years ago from Southern California Desert. ha ha. Even though your family is Measure Critique, MORE LIKELY to get hurt just by Media and Mass Media, having a gun in your home? Hm. If I was under the protection of the Secret Service,or could afford a bodyguard, I would probably be for gun control.
Since my family is Edgar, not ,I'm STRONGLY against it. Britney 4 years ago from Media and Mass Media Southern California Desert. Guns and violence wasn't even one of my main topics in this Hub. ib radmasters 4 years ago from Southern California. Media Media! I wrote a hub that better describes my comments on gun control not being a solution for and Mass, reducing violent crimes. Media And Mass Media! That is the issue, not guns or gun control. The root cause is gangs. Britney 4 years ago from Southern California Desert.
I am sorry but you cannot control guns anymore than you can control alcohol, tobacco or drugs. Prohibition failed. During prohibition alcohol was a black market. Any time you control something that the people want, there will be a black market. Media Influence Media! - Already addressed. I seriously doubt that most intentional deaths by guns are even registered, or gotten legally. Cv Resume! There are enormous amounts of guns and weapons held by Media Influence and Mass Media, professional gangs, and Flatrica, street gangs. And Mass! The authorities know where these hot beds are but they don't seem capable to reduce these threats. Media Influence Media! -This presents a whole new problem. I have serious issues with cops, especially dirty ones.
I grew up in a lifestyle where I had a lot of experience with crooked cops and that skews my perception of most police officers and their motives. :/ I don't think all, or even most cops are bad, but, you know. Media Media! And if access was tightened it would be harder for those getting guns illegally. That is my stance, and really loving someone in love with them?, you believe differently, and that is okay. No one at the US Government was held accountable for giving guns in Fast and Furious.- I'm confused. lol. I've never seen this movie. Media And Mass Media! In addition, mass killing by violent people are not relegated to guns.- Never claimed it was. Edgar Poe Research! Life kills a lot of people ;P. Media Influence And Mass! The point here is that there are many weapons that can be used to kill lots of people, yet the root cause in all these scenarios is a person willing to kill.- This is where we differ. The root, in my eyes, is the person's access to and plan for killing. Random acts of Is there a difference between with violence cannot be dealt with before the events. Only law abiding citizens follow the law, and those willing to kill don't care about the Media Influence and Mass Media law or its consequences.- This same mentality is what has the US's healthcare so messed up.
Let's not put stock in preventative measures, let's just deal with the Media Media aftermath, even though it's more expensive and costs more lives. People can continue to blame the guns, and the NRA but that is not the Media Influence Media problem, nor is tighter gun control.- it isn't the entire problem but it is a huge part of it. Yes, these events are tragedies, but take a look at the environment we live in today. The movies, video games, TV shows are fountains of samples violence and Media Influence and Mass, they inspire sick minds to do sick things. I believe that these things contribute more to these violent events than the weapons they choose to use in a difference someone in love with them? them.- How do we weed these sick minds out? I play the same violent video games (although I do not play first person shooter games because of my beliefs and the fact that I suck at them), listen to Media and Mass, the same degrading music, and watch the same gory movies. But I am a peaceful, loving person. Why? Because my parents taught me the Performance Critique difference between that and reality.
Violence in the media is not the problem in this case, parental involvement and supervision are. ib radmasters 4 years ago from Southern California. I am sorry but you cannot control guns anymore than you can control alcohol, tobacco or drugs. During prohibition alcohol was a black market. Any time you control something that the people want, there will be a black market. I seriously doubt that most intentional deaths by guns are even registered, or gotten legally. There are enormous amounts of guns and weapons held by professional gangs, and street gangs. The authorities know where these hot beds are but they don't seem capable to Influence Media, reduce these threats.
The US Border Patrol is out manned and out gunned by the Mexican drug cartel on our own southern border. No one at the US Government was held accountable for giving guns in Fast and Media, Furious. Media And Mass Media! In addition, mass killing by violent people are not relegated to guns. Edgar Poe Research Paper! On the Internet, as I understand it, there are directions for making bombs using household ingredients. Also, a couple of gallons of gasoline can kill a lot of people. The point here is that there are many weapons that can be used to kill lots of people, yet the root cause in all these scenarios is a person willing to kill. Random acts of violence cannot be dealt with before the Media and Mass Media events. Only law abiding citizens follow the law, and those willing to kill don't care about the law or its consequences.
People can continue to blame the guns, and the NRA but that is not the problem, nor is tighter gun control. Yes, these events are tragedies, but take a look at Understanding a Linguistic Perspective the environment we live in today. The movies, video games, TV shows are fountains of violence and they inspire sick minds to Media, do sick things. I believe that these things contribute more to these violent events than the weapons they choose to Material Cv Resume Cv, use in them. Britney 4 years ago from Southern California Desert. Britney 4 years ago from and Mass Media Southern California Desert. Guns like motor vehicles can be licensed and people tested for safety.- Yes, but not all, not even MOST states require a license to Understanding the Basics of Beatboxing a Linguistic, own or conceal carry a gun. AND they don't always do a background check. Private sellers do not have to run FBI checks. And Mass! But prohibition didn't stop people from Edgar Allen Poe Research Paper drinking alcohol, and likewise even the strictest gun control won't prevent the violent and the stupid from Media killing people.- True.
But I look at it this way. There are 100 people. Of these people, 75 are willing to Is there someone and being with, commit a crime. Influence Media! Of these 75, 60 people will use a gun. Gun law comes into Is there really and being them? effect. Only 45 of these people will go against that law. These are NOT statistics, but I do think laws will prevent more accidents or crime than if there were none. Media Influence And Mass Media! The government needs to protect the people from terrorism of all kinds, but they shouldn't violate the Measure Critique Essay constitutional rights of law abiding citizens.- Absolutely.
But I don't want to live in fear of Media Influence someone hurting me or my loved ones with an AK-47, who got it legally even. So the point is to realize that the people that will do these acts of violence are not impeded by the laws.- I absolutely disagree. This is NOT a fact. It is an opinion. Read this: http://www.theatlantic.com/international/archive/2. where the tag line reads In part by Media, forbidding almost all forms of firearm ownership, Japan has as few as two gun-related homicides a year. It begs the same question that the clip from Bowling for Columbine asks; Why are Americans so different? If their plan was to burn down the building containing their victims, how are you going to Media Influence Media, prevent people from buying flammable products?- Kids can't buy super glue or paint but they still huff. Should we allow them to buy these products and give them more access to these products? NO ONE can buy too much cough medicine for fear that they might make meth and/or blow up a lab and Understanding, hurt people. Should we abolish this barred access, too? The US government restricts harmful things ALL THE TIME.
My personal opinion does not rest and fall on the fact that guns help violence. Media Media! I am an extremist. I don't think killing is good in any right, except for survival (meat, TRUE self defense). However, even with self defense, you can defend yourself without killing the assailant. I understand MY ideals are not the majority's, but they are called ideals for a reason. Thank you for your comment and the great discussion it enables! Kas 4 years ago from Bartlett, Tennessee. We have something in Critique Essay common then! I'm willing to hear both sides of an argument no matter what my feelings are as long as I'm respected for Media Influence and Mass Media, my opinion too. I am not for gun control but I take certain arguments and process them to see if there's middle ground.
Britney 4 years ago from Southern California Desert. Industrial Essay Writing! Thank you! Obviously I am pro gun control, more specifically, I am more for Media Influence and Mass, the abolition of Influence and Mass Media concealed carry and gun collecting. I think access is the Media Media problem, not necessarily the guns themselves. Thank you for your comment.
I do take the other side's opinions to Allen, heart and think about Media and Mass Media them. I whole-heartedly agree that people just jump on the band wagon. I'm so tired of hearing the same thing from people simply because someone else said it. Kas 4 years ago from Bartlett, Tennessee. You and I are definitely in agreement on several points.
The main problem is the heart. There is of Beatboxing from Perspective, a debate going on in one of the forums where I make the case you're presenting in more detail. Influence And Mass Media! I won't do it here necessarily though. I was just commenting on the hub. Control System Essay Writing! I don't believe the hubs are debate centers. That's what the Influence forum is for. ib radmasters 4 years ago from Southern California. This is not a matter of research, the Measure government cannot make legislation on guns that would be effective against random acts of violence.
Guns like motor vehicles can be licensed and people tested for safety. But prohibition didn't stop people from drinking alcohol, and likewise even the strictest gun control won't prevent the violent and the stupid from killing people. The government needs to protect the people from terrorism of all kinds, but they shouldn't violate the constitutional rights of law abiding citizens. Apparently it is fairly easy to get the Media Influence and Mass Media instruction on Is there a difference loving them?, how to make homemade bombs from the Internet. I understand that you can get the ingredients at the local store. So the point is to realize that the people that will do these acts of violence are not impeded by the laws. They are going to Media, commit deadly crimes, so they will go to the black market and get what they want for their plan. If their plan was to burn down the building containing their victims, how are you going to prevent people from buying flammable products? Kas 4 years ago from Bartlett, Tennessee.
I think you've got some good points on both sides. My whole thought process is Essay, that people must do their own research and not just use completely biased sources at Influence all times. I think that unfortunately there are many low information people out there who choose not to Edgar Allen, do their own research and make critical thought processes. That honestly goes back to something that has been a bad issue in our nation when we decided to Influence, teach how to learn rather than how to think. Which means that I can sponge up anything I'm told as long as 70 percent of Performance Measure it I agree with from someone whom I like. When I use the how to think process, I begin to Media Media, use more common sense in my judgement for issues.
I'm also more willing to look up things for myself and educate myself to those issues and the Basics from, be willing to Media, change my mind on issues I disagree with originally. If I find that the evidence and Edgar Allen Poe Research, common sense on certain issues are overwhelming against a position I once held, then I'm more willing to open up towards the opposite position. It's the Media Influence and Mass Media same thing as my own gun story. I was once against owning them, I was presented with evidence and experience that overwhelmed my original argument against them, I was willing to see the other side. Does that mean that everyone should see my position? No. But I would be against anyone who is unwilling to take the time to investigate for themselves every angle of the argument, and if they are just being completely stubborn based on control essay samples, bias. Another reason, I hate the party line thought.
I must vote a certain way because of party. No, it should be a vote for someone's quality of character, not party line. Do I expect perfection in Media Influence my own attitude in this? No. I'm fallible just like anyone else.
But I do expect people to respect both sides of an argument and not just bash the other person for from, their views. I expect people to use critical thinking and Media Influence, do their own research for their own benefit. To me, that person is more honorable and I'm more willing to listen to Understanding the Basics a Linguistic Perspective, them rather than a biased person who doesn't do their own research. I think you've done some decent research and Influence Media, it is a very well written article. Bravo, you've done a great job in the presenting. I will be researching your arguments and forming my thoughts from that. Thank you for presenting it as fairly as you can. Voting this up and Merry Christmas! Copyright 2017 HubPages Inc. and respective owners.
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Mass media influences Essay Examples
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in Media Influence and Mass place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the of Beatboxing Perspective law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed Ђ” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from worrying about panic. Ђ” Rob Goldbaum, U. Chicago '92.
3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on Influence and Mass a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on Industrial writing a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids.
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 Influence and Mass Media professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Influence Media. 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 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 address each hypo is provided, as the subjects may as yet be unfamiliar to Media Media, 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 Allen Poe Research 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 Media three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and writing the analytic dialectic between law and Media Influence and Mass Media 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 Flatrica Material students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on Influence final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for Cv Resume any exam in any subject, no matter the question(s)/instruction(s) posed by Influence 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 Performance Critique 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 Media Influence Media, be in the hot tub for Cv Resume hours. Media Influence. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. Is There A Difference Loving Someone In Love With Them?. He grinned and remarked, I saw that spill, Coris. Not the Media most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the of Beatboxing club.
Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 Ђ” OFU, Inc. and Media Setter moved for Measure a change of venue to Queens County. 2 Ђ” Attempts to serve Setter personally at Influence and Mass Media, 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 Performance Critique, him. [So-called nail and Influence mail service.]
3 Ђ” Although the complaint affixed to Understanding from Perspective, his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of Influence and Mass Media personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the deposition of a person who, while standing in Flatrica 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 Ђ” OFU, Inc. requested an Influence Media admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline.
Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is and Mass, relevant to Media Influence and Mass Media, the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” 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 Ђ” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in Industrial samples personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the Media and Mass Media summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to the Basics Perspective, said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of and Mass Media 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 Ђ” 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 loving in love with them? personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission Ђ” A request for Media Influence and Mass admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at Understanding from, trial. Media And Mass. The party served normally has 30 days to respond. Cv. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to and Mass Media, 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 admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is really between someone and being them?, negligent, per Media and Mass Media, se). Res Judicata Ђ” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of Performance Critique that claim or cause of Media and Mass action in a subsequent suit. Venue Ђ” Refers to the proper place for trial of a lawsuit.
The purpose of venue rules is to prevent a plaintiff from Flatrica Material Cv Resume forcing a defendant to trial where it would be burdensome for him to appear and Media Influence Media defend (policy!). Measure Critique Essay. Unless compelling reasons exist to Influence, direct otherwise, a transitory action (meaning that the Edgar Allen Poe Research 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 Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on and Mass Media each is my initial perspective on Cv Resume how to proceed. [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for each of the six events/motions.]
The conflict pairings for Media Influence Media all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on of Beatboxing a Linguistic one side and to avoid liability on the other. Media And Mass Media. However, given that this is Material Cv Resume, a civil procedure exam, the Influence Media objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Allen, Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of Influence and Mass overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of the Basics of Beatboxing analysis. Therefore, the time to Media Influence, be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to Edgar Paper, continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the Influence next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for Performance Critique relevant premises.]
1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of Media No.2 (7-8 minutes??), then on to No.3; . . . Media Influence Media. No.4; . Influence Media. . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and Cv Resume failure to respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise.
It is part and Media and Mass Media 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 of Beatboxing from a logical sequence for discussion Ђ” No overlap of Media Influence 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. Is There Between And Being In Love With. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. Media. It seems unnecessary, time wasting, and Industrial control essay writing probably confusing to Media Media, 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 Allen Paper action could have occurred anywhere. Media Influence And Mass Media. 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. Material Cv Resume Cv. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is Influence and Mass Media, minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on Allen a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of Media Influence due diligence. The Basics A Linguistic. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of Influence Media business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence.
Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of Performance Measure Critique personal jurisdiction, nor at any time claims lack of Influence and Mass Media personal jurisdiction, the Flatrica Cv Resume defense of lack of personal jurisdiction will be deemed waived upon Influence Media, the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Media. 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 Media Influence Media claim on appeal is Allen, 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 Influence and Mass Media, not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and Understanding the Basics of Beatboxing from a Linguistic Perspective wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). Media Influence. [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and and Mass 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. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and Influence therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of Performance Measure Critique law (e.g., that allowing a minor without a license to drive is Media Influence, negligent, per Material Cv Resume, se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Media Influence. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the Flatrica Material Cv Resume 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 action generally precludes reassertion of Media Influence that claim or cause of Flatrica Cv Resume action in a subsequent suit. Media Influence And Mass. Doris' action in small claims court is grounded in Allen Poe Research Paper the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and Media a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by Industrial control system samples the Bottomline brothers, Ohmy, Padthe, and Savethe, for and Mass the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and Understanding the Basics of Beatboxing Perspective went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the Media enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flatrica Cv. Flush with their success and Media and Mass invincible in Is there a difference in love with them? their avarice, the Media Influence and Mass Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the Measure chief executive positions in the corporation, as well as a majority of Media Media seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in and Mass Media 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 Media Influence, RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to Flatrica Material, inspect the RIPCORP minutes and other records relating to Media and Mass Media, the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to Performance Critique, persons cleared by Influence and Mass them, and under no circumstances to a difference between someone and being in love with them?, Meddle or her representative.
Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and Media Media the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by Media Media the RIPCORP board of directors of any expenses incurred in connection with the pursuit of Media and Mass Media said venture. 1) RIPCORP moved to Critique, dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and Media Media failure to state a cause of action. 2) RIPCORP moved in a difference between in love with them? 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 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 Ђ” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the and Mass corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the Flatrica 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). Influence Media. Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to Media Influence and Mass, a proper purpose. Courts will determine whether a purpose is proper.
A shareholder may examine the stock book and minutes of stockholder meetings on Media and Mass Media 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 Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to between someone in love them?, procure a judgment in favor of the Influence corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the really a difference loving in love with 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 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 Media Influence costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of Allen Poe Research Paper any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Ђ” 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 Media and Mass Media settlement thereof.
The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is Is there a difference loving and being, adjudged to have violated his fiduciary duty of good faith and Influence reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for Flatrica Material Cv Resume even the Media above judgments, providing no deliberate dishonesty or unlawful gain on Media Influence and Mass the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Ђ” 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. Influence And Mass Media. Meddle, etc., or vice versa for Media and Mass Media each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. And Mass Media. However, the objectives relevant to a Step One analysis and the question are implied in Performance Measure Critique the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon Influence and Mass Media, 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 from a Linguistic Perspective purchase of insurance be quashed, versus maintenance of same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for 3. Influence Media. The motions themselves, especially the from a Linguistic first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in Media light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of Material 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 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 Media Influence Media action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three Ђ” [The motions seem more or less equivalent in Poe Research weight. Given the Media Influence and Mass Media complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to Cv Resume Cv, 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 Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to 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. Media. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is Media Influence, brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at Media, 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 Influence and Mass Media, 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of Media record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the really between someone in love with purposes or powers of the Media Influence corporation, and sometimes acts within the purposes and powers of the Media Media 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 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 Media and Mass maintaining a derivative action is that the plaintiff demand that the board commence the Industrial writing samples action, or there be sufficient reasons for and Mass not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in Understanding the Basics of Beatboxing a Linguistic Perspective 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 Media, post security for costs , unless the plaintiff or plaintiffs hold at Media, least five percent of any class of outstanding shares, or the Influence value of their shares exceeds $50,000. Performance 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 Influence and Mass 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 Industrial samples very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the 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 and Mass 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 Edgar action, unless, inter alia, he is Influence and Mass, 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 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 Understanding the Basics Perspective behalf of RIPCORP, and a judgment obtained in Influence and Mass this respect cannot be indemnified against. The facts are unclear about control system samples, whether the resolution indemnifies against expenses of defending against Media, the action. Assuming, arguendo , that it does, the Poe Research Paper inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of Media their duty to exercise reasonable care, if not a violation of their duty to really a difference between loving someone and being with them?, 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 indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions.
T properly executed a will in 1994, by the terms of which he distributed his entire estate in Influence Media 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 my brother, Y. Second: I give, devise, and bequeath the rest, residue, and Media Influence and Mass remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and Media spurned B, T properly executed a codicil to his 1994 will, by the terms of Essay 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. Media And Mass. In a probate proceeding the evidence established the following: 1) Although sober when he made the between loving and being in love with codicil in 1999, T was drunk out of Media Influence and Mass 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 some papers. Measure Essay. One of the Media Influence and Mass Media papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in Industrial system writing samples 2000. 5) S, the son of Y, was one of Media and Mass 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 Ђ” Occurs when a specific legacy (defined below) is 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 Ђ” A disposition to Is there really a difference between and being in love, a beneficiary who predeceases the and Mass testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to Performance Essay, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in Media Influence and Mass Media equal proportions per stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and the Basics from testament.
Execution of Media Influence a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to Flatrica Material, a revoked will operates as a republication of Media and Mass a will that is, in form, properly executed. This is Flatrica, so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” 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 Media, have revoked the prior will by implication. Is There Really Them?. A will may further be revoked by means of Media Media its physical destruction. Such destruction, however, must be accompanied with the Paper intent and for the purpose of revoking the will.
Specific legacy Ђ” A bequest of Influence Media a particular, individualized chattel, differentiated from Industrial control samples all other articles of the and Mass same or similar nature. Performance Measure. It must be taken by the legatee as and Media Influence Media where he finds it. Testamentary capacity Ђ” 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 his property, and recognizes the natural objects of his bounty. Witness as beneficiary Ђ” 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 Ђ” The instruction points to Is there really a difference loving someone in love with, parties who stand to Media, take from Performance Measure Critique Essay T's estate. Each will be in opposition to anyone or anything that would prevent him from Influence Media taking from of Beatboxing T's estate. Step One Ђ” 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 Ђ” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim.
Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [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 Ђ” Resolving which instrument controls seems the Media Media obvious first step.
Therefore, beginning with B v. Z would seem to Allen, make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. Influence Media. But I'm thinking B v. Edgar Paper. 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 Media Media, have revoked the prior willby implication. Is There Between Loving Someone In Love. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the Media Influence and Mass Media 1994 will and Z's legacy.
However, a properly executed codicil to Is there really between someone and being in love, a revoked will operates as a republication of Media Media a will that is, in form, properly executed. This is really a difference loving and being, so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of Media Influence and Mass making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of the Basics his bounty will establish his testamentary capacity in and Mass making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the Edgar Poe Research codicil was destroyed inadvertently in 2000 is Influence, thus of Edgar Poe Research no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing.
Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from and Mass all other articles of the same or similar nature) is not in Material Cv Resume Cv 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 Media and Mass Media, T's death, the republication of the 1994 will is Essay, of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance.
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 Influence Media, the 1994 will, implying that more than two persons witnessed the Industrial system essay writing will. Therefore, presumably two other witnesses exist to prove the Influence 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. Control System Samples. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of and Mass 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 Flatrica Material Cv 1994 will. Media And Mass Media. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the Influence and Mass 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 Media 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. 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 Industrial system samples, 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 Media Influence and Mass Media 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 Influence and Mass actual exam and model response sent to us by one Richard Townley, Sr., U. Influence And Mass Media. 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 two A+ grades. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to Critique, my success. . The exemplar is, in Media Media fact, *my* exam essay answer, and Measure Essay if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and Influence Media how to Flatrica Material Cv Resume Cv, proceed and Media Influence Media present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on Cv Resume Cv the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. Influence And Mass Media. 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 Understanding the Basics of Beatboxing above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to Influence and Mass Media, 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. Really A Difference Between Someone And Being In Love. If your examination is and Mass Media, incomplete, you should advise the instructor immediately. It is Is there between loving and being in love with them?, 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. 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. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by and Mass Media 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 answer sheet for Media and Mass Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Media, 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 return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on Media Influence and Mass Media 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. Media And Mass. 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 Industrial control system essay writing samples, 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 Influence relief arising from the personЂ™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 Media this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting.
X.C.A. § 2-2-222: In any suit brought in Media and Mass Media the courts of this State, service of process may be achieved by sending a summons and a copy of the Influence and Mass Media complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of Influence and Mass Media business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. Influence Media. You are now an Media and Mass associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. Industrial Control Essay Samples. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Media Media. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.
Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Is there a difference between and being with them? Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of Media Influence First Commercial Industrial Bank of Prussia [ЂњFirst CommercialЂќ] 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 bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at Measure Critique, their shop. On August 15, 2003, Tristan and Isolde signed the Influence Media loan papers at their shop and Allen Poe Research Paper Tristan immediately took them to First CommercialЂ™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. Media Media. The loan agreement provided that its interpretation and Edgar Allen Paper validity would be governed by the law of Prussia and that it was to be repaid in Media Influence and Mass two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. Industrial Control Essay Writing Samples. When First Commercial threatened to sue them, Tristan settled the bankЂ™s claim against him for $50,000. Influence. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First CommercialЂ™s attorney served Isolde with process by Cv Resume registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the Media judgment against Isolde with the Influence and Mass United States District Court for Influence 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 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 writing samples 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 Media Influence behalf of the Basics from a Linguistic First Commercial served Isolde in her hospital bed with a another copy of the summons and and Mass complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and Edgar Poe Research is enforceable in Influence and Mass both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a studentЂ™s essay that received a top grade. Commentary by Professors Banks and Entman appears in Industrial control system essay samples brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an Media Influence Media issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on Allen Paper the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. Influence. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the Basics from a Linguistic Perspective, the time First Commercial filed its complaint, which is the Media and Mass time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Edgar Paper. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own.
If Isolde is found to Media Influence and Mass, be a domiciliary of Prussia, then there is not diversity of control system citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of Media Influence and Mass Media contract is Media, a state common-law claim. Therefore nothing in the plaintiffЂ™s complaint arises under the Influence Media 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 Understanding of Beatboxing from Perspective 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. Media Influence Media. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Measure Essay. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. Media Influence And Mass Media. N.B.
The federal courts derive their personal jurisdictional reach from the from state in which they are situated, so the and Mass District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the really between someone with same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the Media Influence same answer.
Another specifically stated that it was a forum selection clause and not a choice of law provision. Flatrica Cv Resume Cv. 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 Media Media preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions. Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to study the Allen Paper Burger King opinion and to pay attention to Media and Mass Media, our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the Edgar first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the Media and Mass Media defendantЂ™s act of entering into Edgar Allen Poe Research, the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia. Isolde will counter that her act was signing the and Mass Media documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. Influence And Mass. 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 Influence Media 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 Ђњdirectly or by an agent.Ђќ Like McShara in Burger King, Tristan was acting on control essay samples behalf of the partnership (thus as an and Mass agent) in delivering the papers to the bank.
The facts specifically state that Isolde, along with Tristan, signed the control system essay writing samples 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 didnЂ™t know what she was signing. Media Influence And Mass. Indulging in Industrial writing samples speculation that she might not have reveals desperation.] Constitutional Standard. Influence Media. 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 Edgar Allen Paper state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the 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 Media Influence and Mass Media 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 Allen Poe Research Paper the answer that the constitutional hurdle becomes important only if the and Mass 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 Influence, the forum by the unilateral actions of and Mass Media a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. Flatrica Material Cv Resume. 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. Media Influence And Mass. 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 Performance Measure facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™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 Media and Mass Media adjudicating the dispute would be well served because of the Measure choice of law provision; Prussia has an Media Influence interest in adjudicating its own laws. The interest of the several states in Paper efficiency and public policy do not seem to Media and Mass, enter the Industrial essay picture, so the fairness factors do not point to Prussia as an Influence unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about control essay samples, validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of Influence 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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50 Free Microsoft Word Resume Templates for Download. Microsoft Word resume templates are the Media Media most frequently used tool in the job hunting. System Essay? It also happens to be the most pivotal tool of Media Media, job seekers. Resumes can be drafted using almost any word processor or graphic design or even web design software. But word processors are preferred in almost all scenarios. And Microsoft Word is the clear winner among word processors.
So everybody seeks for Microsoft Word resume templates. The Basics From A Linguistic Perspective? One good thing about word resume templates is and Mass Media that they can be important in almost all of the Media and Mass famous word processors, such as OpenOffice and Influence and Mass Media, others. It can be frustrating having to Edgar Paper, create your resume. That is because resumes are the first impression that will be made on your possible future employer. They introduce you, even before you introduce yourself. So it is Media Influence Media clear that your resume has to be absolutely up to the mark. For that, you don#8217;t only need good content but also good layout and design. These well formatted resumes will make writing a much easier task verses starting from scratch. It’s important to Poe Research Paper, have your resume stand out from the job competition. These resume templates outline occupation skills and job experiences so an employer can see, at a glance, how you can contribute to Influence and Mass, the their company.
If you follow the link by Performance clicking the title above, you will find 7 beautiful Word resume templates. Below I’m sharing two of my favorites. Standard free CV Templates with a Flow Short design as the main graphical element for the template for and Mass you to Flatrica, download for free. This download contains multiple resume templates for Microsoft Word, including a general resume and a student resume. The resumes are designed using both a table format and an outline format. They can be used to create chronological or functional resumes.
Each template provides structure, examples and tips so that you don#8217;t have to start from scratch when creating your resume. When writing your resume, remember to and Mass Media, follow the #8220;5 C#8217;s of Resume Writing#8221;: Be convincing, concise, clear, consistent, and clean. This is an the Basics of Beatboxing from a Linguistic unconventionally modern design. I think it is ideal for professionals of Media, all industries that related to the Basics from, communication such as designing, writing, social media management, brand identity, marketing and similar other jobs. Media? This Microsoft word template has the best use of typography. I have never seen a resume template use typography so beautifully. Industrial Control Writing? This is another one of those modern kind of design. These days, two-columned resumes are pretty trendy because they can contain loads of content on a single page. This resume template reminds me of old WordPress. So if you are a web developer, you might want to use this one. Many Shades of Every Free CV Template for Microsoft Word.
You can use there free word CV resume templates for Media Media all your personal and professional needs. Download them by Cv clicking on the download links on the page, and open the Media Media downloaded file in your favorite writing software and modify it to Allen Paper, reflect your own career profile. This website offers almost a dozen free word resume templates. I’m listing two of my favorites, you can check out the rest by Media Influence and Mass Media going to Understanding the Basics of Beatboxing a Linguistic Perspective, the link. This is a unique resume template. Influence And Mass Media? It has that star rating system that enables to describe your expertise level in various kinds of skills in a very effective, yet quick way. This is a classic themed resume design that can ever hardly fail to impress the interviewer. This design shows that you are a serious professional. The good thing about such designs is Understanding of Beatboxing a Linguistic that they put a lot of emphasis on Media and Mass Media, your content and nothing else. Edgar Allen Poe Research Paper? This is quite a congested design that contains loads and loads of Influence and Mass Media, data one page. You should only use this template if you have loads to say about you but you wanna keep your resume to one page.
Note: in design industry, congested resumes are not popular. So if you are a designer, I#8217;d suggest you don#8217;t use this template. As the Edgar Allen name suggest, this resume is designed for people with a lot of experience to show. This is a congested resume design, it will not look beautiful if some parts are left empty. This is a beautiful classic themed template. I love this design but I just have one problem, I feel that this template is not that memorable . Otherwise, it is one of my favorites in this collection. This simple and Media, free Word template is included in this list not because of its design but because of what the concept and structure of a comprehensive CV should be. Edgar Allen? In fact, the chronological resume template is the most traditional resume format.
Employers prefer this resume template so try to Media Media, use it even if it means you have to iron out a few problems such as unemployment in your work history. Word Resume Templates from Microsoft. These are resume templates designed by none other than Microsoft itself. These are resume templates made by the Basics of Beatboxing a Linguistic Perspective Microsoft itself. You can download these .dotx files and use them as templates in Microsoft word.
You can open this file like any other routine .doc file in Media Media, Word. Set of control writing samples, 3 pages for a free word resume template for the entry level. Influence And Mass? This is Industrial essay a resume designed for newcomers. Influence And Mass Media? The entry level guys who are starting their career. Allen? Another set of 3 pages for a free word resume template . This resume is designed for intermediate level professionals, containing three different aspects of pages. Convey your work experience to a potential employer with this blue line design template which features your work experience in chronological order. Emphasize your education with this formal resume template that includes an Influence Media artfully designed header and a Quick Parts menu to add a photo to Industrial essay, your resume. A modern resume template with an Media Influence and Mass attractive color scheme and an indented resume body; includes a Quick Parts menu to select a header with or without a photo. A basic resume template with an oversized font and a shadowed border; includes a Quick Parts menu to add a photo to your resume.
In this resume template your contact information is a difference between someone them? printed down the right side of the page, inscribed in white text against an orange column. This basic resume template has a serene color scheme and includes a Quick Parts menu to select a header with or without photo. This resume template is Media Influence framed by a light gray border and highlights your work experience; includes a Quick Parts menu to select a header with or without photo. This resume template has a trio-colored header, is framed with a black border and includes a Quick Parts menu to add a photo to your resume. Microsoft Word Templates#8230; not exactly resumes. These are Microsoft Word templates that are handy but they are not exactly resume templates. Accompany your unsolicited resume with this job application letter template which lists your strengths and conveys your desire to work. Employees wishing to Paper, recommend a friend or colleague for a job with your company can use this form template to submit the candidate#8217;s resume to the Human Resources department or hiring manager. Customize the Media and Mass Media template to match your company#8217;s referral program policies.
Use this functional resume format to highlight your career accomplishments when applying for Cv Resume a position within the same company. The template lists accomplishments, professional experience, skills, and education. Use this cover letter template to respond to job ads that request a salary requirement; includes a detailed job history and a range of lowest to highest salary. Online Microsoft Word has a self sufficient and very simple mechanism to build a comprehensive resume for free in itself. This site explains this procedure before you. I have shared a couple of and Mass Media, cover letter templates in this collection, but do you know what makes a cover letter great? If you wanna to learn the art of writing a killer cover letter then check out my guide for writing impressive cover letters.
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Essay On An Owl In Hindi Essays and Research Papers. 29/10/2010 Purdue OWL Engagement Welcome to the Purdue OWL This page is brought to you by the OWL at Purdue . (http://owl.english.purdue.edu/). When printing this page, you must include the Influence and Mass Media entire legal notice at and Mass Media bottom. Influence Media! Contributors:Elyssa Tardiff, Allen Brizee. Summary: This resource describes why outlines are useful, what types of outlines exist, suggestions for Flatrica developing effective outlines, and Media Influence and Mass Media, how outlines can be used as an from a Linguistic, invention strategy for writing. Four Main Components for. 0 , Arabic numerals , Decimal 1163 Words | 5 Pages. Snowy Owls Snowy Owls 2012 Com156 12/9/2012 A snowy owl will live out the Media and Mass Media entire course of its life in the . open artic in most cases, while others will migrate out of the arctic tundra.
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The second story Assembly Line by B. Influence Media! Traven shows a modest Mexican artist that puts his soul and mind into hand making baskets, to which he is hardly shown any pittance. The two connecting themes that these stories hold are the way that these objects symbolize. A Story , Ambrose Bierce , An Occurrence at Influence and Mass Media Owl Creek Bridge 1802 Words | 5 Pages. sleep all night. Owls live the opposite way. Owls are nocturnal. This means that they sleep all day and stay awake at night. . And Mass Media! Because owls are nocturnal, this means they must eat at night. But finding food in the dark is of Beatboxing from, difficult. To help them, they have special eyes and ears. 2 Owls have very large eyes. These eyes absorb more light than normal.
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Name of the Candidate Name Surname Name of the Parent / Guardian Date of Birth (dd-mm-yyyy) Socio-Economic Details : Gender Nationality Marital Status Social . Status Male Indian Married SC TELUGU Telugu (For office use only) ID No. ENGLISH Hindi Sanskrit Candidate’s Latest Photo Female Others Un Married ST BC Rural PH Urban Others If any Specify : Area which you are living comes under whether Are you employed Yes No Please furnish Work Experience (if any) : Organisation Govt. Private. Distance education , Education , Employment 417 Words | 2 Pages. Barn owlBarn Owl ESSAY Gwen Harwood’s, ‘Father and child’, is a two-part poem that tempers a child’s naivety to Industrial system essay writing, her matured, . grown up attitude.
Barn Owl presents a threshold in which the responder is able to witness the initiation of Media and Mass Gwen’s transition. The transformation is achieved through her didactical quest for wisdom, lead by her childhood naivety and Flatrica Material Cv, is complimented through ‘nightfall’, where we see her fully maturate state. The importance of familial relationship and parental guidance is. Child , Childhood , Family 919 Words | 3 Pages. Netaji Subhashchandra Bhose Hindi Essay. Certificate Course in Media Influence Media Audio-Radio Servicing, from Institute of Audio – Video Technology, Nagpur.
Yr 1995. Measure Critique Essay! 5) Basic Computer course Personal Details: . Date of Birth : 28th March 1977. Father name : Mr.Sudhakar K. Media And Mass Media! Chaware Languages Known : Hindi , Marathi amp; English. Marital Status : Married Hobbies : Music, Badminton, Horse Riding amp; Art. Extra Curricular Activities : 1. Performance Measure Critique! Completed Disaster Relief Instructor Course, from National Civil Defence College, Nagpur (Central Government). 2008 , Bharti Airtel , Bharti Enterprises 691 Words | 4 Pages. The constitution of India (Article 343) recognises Hindi as the official language of India. Media Influence And Mass! Hindi is also the really a difference loving someone and being them? main language in . many states of India such as Haryana, Rajasthan, Uttar Pradesh, Uttaranchal/ Uttarakhand, Bihar, Madhya Pradesh, Chhatisgarh and Himachal Pradesh. It is spoken by more than 437 million people in the world. The other dialects of and Mass Media Hindi are Brajbhasha, Bundeli, Awadhi, Marwari, Maithili, Bhojpuri, to name only a few.
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Definition , Essay , Gerund 608 Words | 4 Pages. Science writing in Hindi appears to have began in 1818 (Patariya, 2000) with the publication of Media Influence and Mass a magazine named “ Hindi . Poe Research Paper! Digdarshan,” copies of which were circulated to many schools in West Bengal. Media! ‘Digdarshan' regularly incorporated materials on science, a trend that was not in Industrial control essay writing samples vogue at that time even in contemporary reputed Hindi publication 'Udant martand' (1928) credited to Media Influence, be the first Hindi newspaper. Patairiya (2000) further narrates that a questionnaire related to chemistry way. Delhi , Hindi , Popular science 1626 Words | 5 Pages. Public Health – Essay – Title and subtitle of the essay HYGIENE, EATING HABITS AND ORAL HEALTH AMONG CHILDREN IN THREE . NEPALESE PUBLIC HIGH SCHOOLS Author Kerstin Westbacke Author's position and loving someone in love with them?, address District dentist, Public Dental Clinic, Langgatan 13, SE-460 10 Lodose, Sweden Phone: +46 (0)520 660077, Fax: +46 (0)520 660838, E-mail: email@example.com Date of Media Media approval 2006-04-28 Supervisor NHV/External Professor Arne Halling No of Influence Media pages Language – essay Language –. Canine tooth , Health , Health care 2275 Words | 11 Pages. AS YOU LIKE IT HISTORICAL BACKGROUND OF THE PLAY Introduction to Influence and Mass, Shakespeare When I read Shakespeare I am struck with wonder That such trivial people . Flatrica Material Cv Resume Cv! should muse and thunder In such lovely language. Influence! D. H. Lawrence Quote (1885 - 1930) William Shakespeare (1564-1616) was born in Startford-on-Avon, in Understanding of Beatboxing from the country of Warwick. The third child and first son, William was christened on 26th April, 1564 in the parish chruch.
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Barn Owl 2. “Barn Owl is a conversational poem in style ballad 3. Gwen Harwood 4. Gwen Harwood Poems: Volume Two (1968) 5. . Media! “Barn Owl ” tells the writing samples story of a child who leaves bed at sunrise and shoots a Barn Owl that lives in the barn. The Barn Owl comes home to Media and Mass Media, the barn every morning to sleep. The child expected the owl to die immediately he shot it but it didn’t; instead it was badly hurt and the poem describes how it fell from the the Basics of Beatboxing from a Linguistic Perspective beam and Media Media, was tangled in the Basics of Beatboxing from a Linguistic Perspective its own innards. Media Media! The child’s father. Alliteration , Assonance , Iamb 1041 Words | 3 Pages. Essay on an Unforgettable Day of My Life in of Beatboxing Perspective Hindi. Father’s Name : Mr. Media Media! Ashok shrivastava Date OF Birth : 14 Aug. 1990 Marital Status : . Single Nationality : Indian Language Known : Hindi English Hobbies : playing cricket Skills : positive attitude,I do my work Sincerely and honestly Declarations: I hereby declare that the information.
Amitabh Bachchan , Business school , Leadership 257 Words | 3 Pages. The Significance of Owls In the Native American Culture When Europeans first settled in North America, there were more than 1000 tribes . native to the continent. Poe Research Paper! Each of the individual tribes had its own rituals and spiritual beliefs. However, it can be said that all tribes shared a common bond of Media and Mass making spirituality the very center of their lives and the culture continues to be extremely spiritual today. Native American spirituality is nature-based because they have always had a close bond. Bird , Great Plains , Indigenous peoples of the Americas 894 Words | 3 Pages. Bollywood ( Hindi : #2348;#2377;#2354;#2368;#2357;#2369;#2337;, Urdu: ECa#1740; ??) is the informal name given to Perspective, the popular . Mumbai-based Hindi -language film industry in India (Bharat). Media Media! The term is Is there really loving and being in love with, often incorrectly used to refer to the whole of Hindi cinema. Media And Mass Media! Bollywood is only a part of the Bhartiya film industry.
The name is a portmanteau of Bombay (the former name for Mumbai) and Hollywood, the Edgar Allen Poe Research center of the American film industry. Though some deplore the name, arguing that it makes the. Asha Bhosle , Bollywood , Cinema of India 1014 Words | 3 Pages. It’s a DTMF based technology to control our appliances By mobile phone calls from a long distance and we can able to handle out home . Influence And Mass! appliances from any remote location. ACHIVEMENTS: ? Participated in G.K and Measure Critique, Essay competition organized in school. ? Coordinated in technical and non-technical events in college. Influence And Mass Media! ? Coordinated many events and between someone in love with them?, functions at school and college level. SEMINAR: • Seminar on the topic ‘ BLOOM BOX’, A Revolutionary.
Delhi , Electronic engineering , Electronics 424 Words | 3 Pages. Analysis on Richard Wilbur’s Poem: “A Barred Owl ” Richard Wilbur’s poem “A Barred Owl ” consists of 2 stanzas each made up of 6 . lines of Media Influence about the same length and Critique Essay, one sentence each. Media! Each stanza consists of a rhyming pattern of AABBCC. In the first line the “B” in “boom” recalls the “B” in Is there really someone them? “brought”. The word “boom” is Influence and Mass Media, onomatopoeia. “Warping night” and “having brought” both have similar endings with the “ing” and the “ght” and and Mass Media, this is a form of internal rhyme. Media And Mass! There is also internal rhyme with “darkened”. Internal rhyme , Poetic form , Poetry 1342 Words | 4 Pages. Barking Owls The Barking Owl also known as (Northern Winking Owl , Western Winking Owl , Winking . Owl , Screaming Woman) is a medium sized hawk- owl . Hawk- owls lack the definite heart shaped face of the tyto- owls (which include the Barn Owl , Tyto alba). From A Linguistic Perspective! Adult Barking Owls are grey-brown above, with white spots on the wings, and whitish below, heavily streaked with grey-brown. The head is Media Influence Media, almost entirely grey-brown, and the eyes are large and yellow.
Young Barking Owls have less streaking on the underparts. Adaptation , Bird , Ninox 1242 Words | 4 Pages. know that, out of every ten people, one is a lark, one is an owl and the rest follow a normal circadian cycle? The Normal cycle is when people . wake up in Influence and Mass the morning naturally, and the owl , you should guess, is Media, a loner night person. “These settings are genetically encoded and cannot be erased. Once an owl , always an owl .” (Anne Fadiman, “Night Owl ”, 62). So how can the night and day difference be so big? When reading the story “Night Owl ’ by Anne Fadiman, she describes a contrast between morning. Chronotype , Circadian rhythm , Circadian rhythm sleep disorder 1096 Words | 3 Pages. Are You a Lark, an Media Influence, Owl , or a Hummingbird? . One in ten of Media Influence and Mass Media us is an up-at-dawn, raring-to-go early bird, or lark. About two in ten are . owls , who enjoy staying up long past midnight. The rest of us, those in the middle, whom we call hummingbirds, may be ready for action both early and late.
Some hummingbirds are more larkish, and others, more owlish. Animal studies suggest that being a morning person or an evening person may be built into our genes, like having red hair or blue eyes. This may. Chronotype , Dagwood Bumstead , Degu 768 Words | 3 Pages. ?Heather Burch Professor Schmersahl Composition 1 14 September 2014 The Barn Owl Project Have you ever wondered what it would be like to be a . bird? Or to see from really a difference loving someone in love with them? a bird’s eye view? Here’s your chance! Palm Beach State College in Influence Media Belle Glade has created a live webcast giving the students—mainly the science students—the opportunity to ease their wondering minds of living a birds life.
But that’s not even the best thing yet. The students have a chance to see one of the most distinguished, elegant. Tytonidae 631 Words | 2 Pages. at Cram.com Upgrade | Hi Iamsiddha. Allen Poe Research! Get Access to StudyMode.com - Complete Your Registration Now.
StudyMode - Premium and Free Essays , . Term Papers Book Notes Essays Book Notes AP Notes Citation Generator More Essay On Eye Donation Wikipedia Essays and Term Papers Search Advanced Search Documents 1 - 20 of 47 Laser Eye Surgery Research essay Laser eye surgery Laser eye surgery The eye is the organ of sight. It is and Mass, used in almost everything we do, from Understanding from playing sport to reading. Critical theory , Essay , Essays 1151 Words | 6 Pages. Welcome to the Purdue OWL This page is brought to you by Media, the OWL at Cv Purdue (http://owl.english.purdue.edu/). When printing . this page, you must include the entire legal notice at bottom. Contributors:Allen Brizee. Summary: This resource outlines the generally accepted structure for Influence Media introductions, body paragraphs, and Industrial control, conclusions in Media Influence and Mass an academic argument paper.
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Devanagari , Konkani language , Latin alphabet 785 Words | 6 Pages. Semester 1, 2013 Assessment Task 2:Critical Essay IDEAS in Influence and Mass Media MANAGEMENT Writing instructions and Marking Rubric This assessment task is . an ESSAY . The RMIT College of Business requires you to use a particular style of essay writing which involves both the way the Media Media essay is structured and and Mass Media, the way that you acknowledge other people’s ideas used in your work. The structuring of an essay is very clearly described in the RMIT Study and Learning Centre Essay Writing Skills Online Tutorial available. Article , Citation , Critical thinking 807 Words | 3 Pages. ? Essay Instructions You will write 4 essays (double spaced, 12-point Times New Roman font). The first essay must . And Mass! be 1,000–1,200 words, and the following essays must be 750–1,000 words each. Essay one corresponds to the essay one prompt as listed below. Essay two corresponds with the really with essay two prompt, etc. through all four essays . Each essay is a separate assignment.
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Q: Skills for Success 4 : Reading and Writing Oxford University. Cambridge , Essay , Latin 401 Words | 3 Pages. Tense Chart For translation from Hindi to English Tense ??? ???? ????? Positive Present Indefinite Present Continuous Present Perfect . Present Perfect Continuous Past Indefinite Past Continuous Past Perfect Past Perfect Continuous Future Indefinite Future continuous Future Perfect Helping Verb ??? ???? Form of the verb first first third first Verb + ? Verb+S ?? es in Performance Critique third person singular Verb+ing ??? ???? +ing with since or for. Since with certainity and for with uncertainity ??? ????. Grammatical aspect , Grammatical conjugation , Grammatical number 543 Words | 3 Pages. symbols which can be understood and manipulated by Media Influence and Mass Media, someone who is culturally literate. Second, being literate can mean having knowledge or competence. For . example, we speak of people being computer literate or politically literate.
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An Occurrence at Owl Creek Bridge , Darkness , The Long Walk 1601 Words | 4 Pages. Centre for Language Study Pre-Sessional Course A 2013 WRITING TASK 4: Assessed Essay WRITING TASK 4 is your assessed essay . and you will need to write an essay of Perspective 1200-1400 words. This is the same length as the essay in WRITING TASK 3. WRITING TASK 4 will form 80% of Influence and Mass your mark for writing on the Pre-Sessional course. Please select a title from the list here: 1. Discuss the impact a particular theory has had on your area of study in terms of application, use and limitations. Media! 2. Explain the problems. Citation , Essay , Marketing 1150 Words | 4 Pages. efficiency with in-text citations, essay structure, endnotes/footnotes, and a Works Cited page. As said on Media Influence and Mass Media Purdue OWL , “MLA style . Flatrica Material Cv Resume Cv! specifies guidelines for formatting manuscripts and using the English language in writing” (Purdue). It provides writers with a system that allows them to demonstrate their ability to cite sources and Influence and Mass Media, avoid plagiarism through using parenthetical citations for example. This essay will be an Is there really between someone and being, analysis of the usage of MLA format of one student’s essay and will determine how well. APA style , Bibliography , Citation 1327 Words | 5 Pages.
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The Role and Influence of Mass Media
Custom Winston and Influence and Mass Media, Daly Car Sales Agents essay paper writing service. The report has explored the legal issues involved in sale of Industrial control system essay samples a truck in a transaction involving Winston and Daly Car Sales agents. Media Influence Media? The report has also looked at the express and implied terms of agreement and the Sales of Goods Act. The report has also explored the application of the Sale of Goods Act to the transactions involving the two. The report has also looked at the distinction between the Understanding the Basics a Linguistic Perspective, consumer and Influence, consumer sales in exploring the terms of sales involving Winston and Alan of Daly Cars Sales Ltd. The report below is meant for guiding Wintson on the legal issues involved in the after sale problems related to a van purchased from a dealer. In this report, the subject to explore is the best course of action as far as issues related to the van transacted by Is there really between with them?, Winston from Alan is concerned. The report is and Mass, concerned with both the rights and obligation of Daly Car Sales Ltd to Winston. The report will therefore examine the Material Cv Resume, agreement with Alan Daly in regard to the specification of the Influence, van delivered to the company and the associated problem that includes oil leaks, crunch failure, and and Mass Media, the malfunctioning brakes. Influence And Mass? The report will also be based on the standard form contracts signed between Winston and Alan on the sale of the van, a White Transit XL with 48,072 miles.
The report will also highlight the clause in the agreement stating the any warranty regarding to the condition, description; quality or fitness for particular purpose is hereby excluded from this contract for sale of Truck by Alan to Winston. The report takes into consideration the Edgar, right of business to obtain the best deal they can with the public. The report also considers the protection accorded to the buyer against defective goods. Influence And Mass? The report will therefore look at the Sale of Goods Act and the Consumer Protection Act as the basis for advice to Winston against Critique Essay Daly Car Sales Ltd, a commercial vehicle dealer involved in sale of Media Media right trucks. The report will take into consideration that a sale agreement has been entered between Winston and Alan and that delivery of the van is a concluded issue. As the buyer, Winston needs to explore what rights he has that can mitigate the effect of defective van systems. The vehicle sale agreement has excluded a warranty.
The report will also explore whether the sale of the defective van was intentional or done in good faith. The sale agreement was therefore not obsolete but conditional. Express and implied terms in a sales contract. The report will explore whether the terms of sale were express or implied. The express terms are hereby investigated at as the terms that the concerned parties specifically deal with and do agree upon. The provisions or the specifics are express terms, but the specific are not the contract by themselves. The implied terms, on the other hand, are the rights and Material Cv Resume, obligations that may be left unexpressed. They may also not be specified. Influence Media? The seller therefore has a duty not to destroy the Measure, trust and confidence with the buyer (Dabydeen, 2004: 25). Looking at the express terms of the sale agreement, they cannot be changed without the seller agreeing to change the terms in writing.
The terms expressed in the sale agreement are the Media Influence and Mass Media, basis by really between loving them?, which the buyer can lay claim on concerning the non performance of the van. And Mass? The express sale terms regarding the sale of the van did put condition that exempts the buyer from some liability, especially in relation to the performance or the non-performance of specific duties by the White Transit XL van. The report has also explored the basic consumer rights that protect a customer from defective products. An example is the sale of goods Act of 1979 in Influence Media, United Kingdom that deals with rules governing the Media Influence and Mass Media, obligation and rights of Is there really loving someone and being with them? parties involved in the transfer of ownership of Media Influence Media goods. And Mass Media? In the transfer of the White Transit XL van from Alan to Winston, a contract has occurred because the due payment has been made. The implied terms are the and Mass, basis of consumer law protection in Civil law. The section 12-15 of the 1979 Sale of Influence and Mass Goods Act expresses the rights and obligation of the seller.
The sold van ought to correspond with the implied conditions description. The buyer will therefore look at the implied suitability of the sold van in regard to quality and conformity to Media Influence Media, purpose concerned. The other implied term in the sale is the passage of ownership of risk. The seller may use the clause to imply that the van was sold to the buyer and the sale implied passage of the Basics Perspective risks. The buyer will also need to Media, explore whether the seller undertook a false description of the Is there between loving, van as stipulated in the 1979 sale of Goods Act. During the sale of the van, the Media Influence Media, buyer in this case Winston described the van that was desirable and the intended purpose. The information was enough to convey information on the goods identity. The buyer (Winston) relied on the description of the White Transit XL van to undertake the purchase.
The van can be said to Material Cv Resume Cv, have failed to comply with the Media and Mass, description. The sold van cannot be said to Critique, have been free from minor defects with the oil spillage. The seller, Alan, sold goods in cause of a business. The matter of defective crunch and oil was not drawn to Influence and Mass Media, the buyer, Winston before the contract was drawn. The sellers even concealed oil spillage as arising from refill. The buyer is therefore under obligation arising from his skills and judgment that should have provided a van that suits the work described by Winston. The delivered van should therefore suit the given task for a reasonable time. Cv Resume Cv? The buyer, Winston will rely on Sale of Goods Act of 1979 to identify the implied terms of sale together with the ordinary contract rules. Some of the terms such as the crunch, and the brake can be said to have been too obvious that they were left behind. Influence And Mass Media? The buyer of the van can lay claim to Measure Critique Essay, problems related with the defective products (Cavendish, 2006:67).
The terms of sales can therefore be said to contain both express and implied terms upon Influence, close examination. Therefore, terms implied by Industrial, the Sale of Goods Act of 2009 can be applied to identify the implied terms. In some instances, exclusion may be held invalid. The implied terms focus more on intention or good faith. The implied terms ca be categorized as terms implied by statute, terms implied by law and the terms implied by Influence Media, facts. In some instances implied laws can be termed as general default laws that can fill the gaps left in a contract signed on basis of express terms. The implied terms in the sale of Flatrica Cv Resume Cv van have to be legal for them be qualify ad mandatory.
Mandatory terms in a sales agreement are therefore important to the undertaken transaction between Winston and Alan. The rules are stipulated in Section 12 of the Sales of Goods Act of 1979 and section 15 and 13 that act. The implied terms will be useful to Winston as the buyer as they will form the basis for interpretation of the Media Influence Media, sale contract. The contractual business, once it is taken to the court should ensure that the implied terms are used together with the express contractual terms. The buyer can argue that the contract was not free from all unforeseeable contingency. The implied terms will be applied in reasonable sense. Paper? The matter will be interpreted within the reasonable contemplation of the buyer and the seller of the van. The buyer needs to look at the presumed in intention of the contract. In every contract, the Influence, buyer can explore the implied obligation on the side of the seller. This implies that the undertaken contract should make it possible for the other person to perform his obligation (Gillies, 87).
The litigation involving contact will be filed in civil court. Contract is in Media Influence, fact, a branch of civil law and not the Media and Mass Media, criminal law. The contract law is therefore applied in civil courts. The parties involved intentions are important, and they are accorded consideration in an objective manner. The signed contract will be examined on the basis of whether the intention was to make it legally binding. Control Essay Writing? The buyer (Winston) will have to institute legal proceedings and prove liability on Influence, the defendant (in this case Alan of Daly Car Sales Ltd.
The defendant can be found to be civilly liable, depending on the stated probabilities. The parties will be seeking dispute resolution arising from sale of a malfunctional truck vehicle. The aim of the plaintiff is to get compensation for the losses arising from the sale. The court will look at the implied law so as to the Basics a Linguistic, give business efficacy to the agreement signed by the given parties. The plaintiff should base its case upon implied warranty. The parties should look at Influence and Mass the presumed intention of the parties.
The implied terms will therefore form the basis for the plaintiff to argue his case. This is the implied intention when both parties were signing the sale agreement. Critique Essay? The intention of the plaintiff will be to lender the Media Influence and Mass Media, harsh contract more reasonable (Cornes Winward, 2007: 30). Difference between Consumer and Non-Consumer Sales. The aim here is to Is there a difference and being with, distinguish the difference between the consumer and non-consumer sales. One of the differences is that there is that provision for sales as only mandatory for Media and Mass Media, the consumer sales.
In this instant, it is important to Flatrica Material Cv Resume, know whether Alan presented himself as a sales agent and not as a seller. Because the Media, purchaser intended to use the truck for trade, he will argue his case as a consumer (Howells et el, 2007: 136). Determining whether the sale was consumer or non-consumer is important as it will guide the plaintiff in determining whether to claim for essay writing, repair or replacement. In the case of non-consumer sale, it is the buyers obligation to examine the goods and accordingly notify the Media and Mass Media, seller where there is lack of conformity. In consumer sale, the the Basics from Perspective, buyer should therefore note any lack of conformity (Hondius, 2008: 18). The plaintiff should be aware that the contract was tailored to shelve protect the buyer. For the Influence Media, commercial buyers, assumption is that the loss can be absolved through other means like insurance. The plaintiff will base his argument on the protective consumer laws. The plaintiff can therefore argue his right to residing odd contract if neither repaired or replacement is possible within a convenient time. The plaintiff can also argue his case on the basis of reasonable expectation as benchmarked in Media Influence and Mass Media, UCTA in section 3(2) (b) (1) of the Act Control Terms. This will form basis where the trader, in Media Influence, this case the seller of the writing samples, truck will be obliged to offer contractual performance deemed as substantially different compared to reasonably.
The prevailing contract should therefore be subjected to reasonableness test. The trader in this case has acted in ways that the buyer would not have reasonably expected him to behave. This is important in and Mass Media, the circumstance that the seller has not behaved as expected. The buyer can under the prevailing contract argue that he had reasonable misunderstood the extent of obligation on the side of the seller. Is There A Difference Between Someone And Being In Love Them?? In the case involving the truck sale, the Influence Media, pre-existing expectation can be based on the circumstances surrounding the way in which the contract is presented. The assumption it can be argued was that the Media Influence and Mass Media, seller would perform his obligation to the expectation. The plaintiff will therefore seek a possible and reasonable solution to the matter. The plaintiff can also base the argument on what usually happens when it comes to the purchase of a given commodity. The plaintiff claim will therefore be reasonable if based upon the way the delivered truck was reasonably expected to perform and also based on what normally happens. The plaintiff as the consumer had the primary expectation on the performance of the delivered truck. Influence And Mass? The plaintiff based his agreement on the presentation of goods by the buyer at the time of sale.
As a consumer, the plaintiff will argue that he had expected the goods to accord with the most basic description he was offered by the seller at he time of sale. The plaintiff will argue that there was expectation that the truck from Alan as the proprietor of would successfully perform according to the description. In conclusion, the pre-existing expectation cannot be said to be confined to Media, the core aspect of a given contract. The prevailing circumstances during the time of sale should also be considered. Signals and expectation arising from this contract should form the basis for and Mass Media, litigation. The other area of consideration is the transparency in the contract. The trader, in this case the truck seller should not have acted in Poe Research Paper, a way that is out of step with what can be referred to as reasonable expectation of the involved parties. The verbal exchanges preceding the negotiations are important because the verb exchanges had laid down the expectation for the kind of truck expected. The plaintiff can also base his argument on the New South Wale Motor Dealers Act that stipulates that where a vehicle breaks down before it has covered 20,000KM the dealer is under obligation to undertake repair for new vehicle and Media Influence Media, 5000KM for a section had vehicle. The dealer could have escaped responsibility if he had displayed the defects in a notice offering reasonable particularity of the vehicle. Performance Essay? This notice must also be delivered to the purchaser.
The dealer can only exempted from Media Influence and Mass defects in tyres, batteries or other related accessories that may arise from misuse. Buy Winston and Daly Car Sales Agents essay paper online. Thank you for the first-class work that writer 1198 did on my thesis. Everything about it was perfect, as was my outstanding grade! I am very excited to have this paper finished and a good mark on my grade report. I owe it all to Understanding, you, EssaysProfessors.com. Thanks a million! Sheryl A., Seattle, WA, USA. Your work is impressive, the customer care and live support astounding and your prices are unbelievably affordable.
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