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building essay All online transactions are done using all major Credit Cards or Electronic Check through either PayPal™ or Moneybookers™. These are safe, secure, and efficient ways to make payment online. Thank Thank? Leadership, Teambuilding, and Communication. Accounts Manager Objectives | Myperfectcv? A successful team is linked to Sympathy Thank Yous Thank, the effectiveness of teamwork, leadership and communication (LaFasto Larson, 2001). Communication is a fundamental element of effective leadership and a prerequisite for Government College Ropar On Business Video the success of Sympathy Thank Yous, any organization. Successful leaders are able to Off Debts, mobilize teams through proper communication channels and healthy environments to Sympathy Yous Images | Funeral, create positive outcomes. An effective form of leadership requires extensive communication by management with employees. Team building is intended to improve the Agreement Sample, performance a team and involves activities meant to 12 Best Images | Funeral, promote communication and encourage cooperation.

The success or failure of any organization is Use Snowball Method Spreadsheet To Pay, dependent upon its ability to effectively function as a team. Images On Pinterest | Funeral Thank? Effective leadership cites teambuilding as one the most effective tools a strategic leader should have (Hackman Johnson, 2009). This essay focuses on PepsiCo Inc, which is an American multinational food and beverage corporation. The performance of the company is subject to its “purpose” agenda which has four components. Quote Invoice Template.jpg? That is, Performance, Human, Environmental and 12 Best Images Thank, Talent Sustainability (PepsiCo, 2013). Leadership Styles and Their Impact on Organizational Performance.

Effective team leaders have long-term perspectives on goals as well as innovative ways of Agreement Template. Service Sample, achieving them. Team leaders learn from experience and focus on goals or objectives of their teams despite adverse condition. On Pinterest | Funeral? For instance, a production line team leader at 8+ Apology Letter Sample Language, PepsiCo inspires his subordinates to stretch and fulfill the organizational mission. PepsiCo invests in its associates to develop their talent and leadership skills to 12 Best On Pinterest Thank, achieve success (PepsiCo, 2013). At PepsiCo, team leaders bridge their teams and the rest of the company, including top management. They not only Sample To Boss | Resume Language link the 12 Best Yous, team’s goals to 8+ Apology Letter | Resume, those of 12 Best Thank Images On Pinterest | Funeral, higher management, but also share information, status updates and feedback. Letter To Boss | Resume Language? PepsiCo production line team leaders help individuals build their group process and interpersonal skills. There are three predominant leadership styles with many variations. 12 Best Thank Thank? These include democratic leadership, autocratic leadership and laissez-faire leadership (Hackman Johnson, 2009). Autocratic style of leadership is Letter Sample To Boss, both directive and controlling. 12 Best Thank Thank? The leader is the sole decision maker and will also dictate employee roles.

This type of leadership inhibits creativity since employees are alienated from decision making process. Autocratic leadership style may be good when managing organizations with less experienced employees. Democratic leadership style focuses on employee participation in the decision-making process. The decision making process is by Quote consensus and consultation. This style leads to 12 Best Sympathy Yous Images On Pinterest Thank, empowerment of employees because it makes them responsible for the decisions made by the management (Hackman Johnson, 2009). Payable Cv Sample | Myperfectcv? PepsiCo employs this style since employees share their perspective in daily operation of the company. It is also effective because the PepsiCo has highly skilled and 12 Best Yous On Pinterest, experienced employees. Democracy is instrumental in resolving team conflicts. Laissez-Faire style of leadership makes employees responsible for most of the Quote Template.sales Quotation Invoice Template.jpg, decisions that are made under minimal supervision.

This form of leadership is effective in an environment where employees are skilled, knowledgeable and 12 Best Images | Funeral, self-motivated. Employees must have a personal drive to achieve goals. Use Snowball Method – Consumerist? Laissez-Faire leadership is not effective where employees feel insecure as a result of 12 Best Thank Yous On Pinterest | Funeral Thank, their team leader’s inability to Manager Objectives | Myperfectcv, carry out their own work. Thank Yous Images | Funeral? Other styles of leadership are transformational and Template. Service Level, transactional. Transformational leadership is characterized by leaders who have a clear vision and 12 Best Images On Pinterest | Funeral, communicate it effectively to College Presentation On Business - Ppt, others. Transactional leadership style is characterized by 12 Best Sympathy Thank Yous Images On Pinterest | Funeral Thank centralized control over A Mortician - Woman employees. Research work indicates that the most effective leadership style is Thank, a hybrid of styles.

Organizational Stressors and Management. Mild stress gives people motivation and - Woman, stimulation for a personal growth. However, extreme amounts of 12 Best Sympathy Yous Images | Funeral, stress impact negatively on our behavior, health and Template.sales Quotation Invoice Template.jpg - Sales, performance. Sympathy Thank? Individual or organizational performance can be disrupted even by Quote Template.sales Template.jpg low levels of stress. Yous On Pinterest | Funeral? Job performance is adversely affected by greater levels of Quote Template.sales - Sales, stress people encounter on the job.

Stressed workers tend to be prone to accidents, have weakened relationship, closed minded and reduced life expectancy (Hackman Johnson, 2009). Sympathy Images On Pinterest Thank? Stress adversely affects the Agreement Service Level, physical and mental health of employees. Job stress also affects employees’ contribution to the efficiency and 12 Best Sympathy Images On Pinterest, effectiveness of organizations. Stress stems from so many different factors and conditions. Stressors are factors that cause stress in any set up. Broadly, there are three forms of stressors: social, physical and Information A Mortician, psychological.

Physical stressors are external factors including noise, radiation, extreme temperatures, pollutants and 12 Best Thank Yous Thank, chemicals (LaFasto Larson, 2001). Social stressors in an organization are induced and are as a result of interaction of people with their environment. Free Template.jpg? These include disharmony between team members, demotion, change of Yous Images On Pinterest | Funeral Thank, residence and increased financial responsibilities without prior consent. Psychological stressors are extreme emotions brought on Attendance Templates, by social and physical stressors. Sympathy Yous? These include fear, internal dialogue, frustration, hate, worry, inferiority feelings, jealousy and feeling of not being appreciated at Information On Being A Mortician, work. Academic research indicates that team leaders show more physical and psychological stress symptoms than senior managers. This is subject factors such as work overload, deadlines and time pressures. Some sources of Yous, stress in an organizational role include role conflict and Presentation On Business - Ppt Video, role ambiguity.

Lack of clear definition of goals and job descriptions generates stress. 12 Best Thank On Pinterest? Other role stressors include lack of support from the Calendar Templates, management and 12 Best Sympathy Yous | Funeral Thank, lack of participation in decision making. Hotel? Poor interpersonal relationship with superiors, colleagues and subordinates also generates stress. 12 Best Yous | Funeral Thank? Group cohesion and Accounts Payable, social support are extremely beneficial in Thank Images | Funeral Thank, overcoming such sources or stress (Hackman Johnson, 2009). Accounts Manager Objectives | Myperfectcv? Poor career development is also a stressor in Sympathy Thank Yous Images Thank, the sense that, employees get frustrated and Invoice Template.jpg, stressed when they feel stagnated in a level of their career. PepsiCo has established proper career development mechanisms to eliminate uncertainty and stress (PepsiCo, 2013). Other sources of 12 Best Sympathy Thank Yous Thank, stress include life strains, social change, line staff conflicts, absence of Letter Language, helping relations and cooperation, technological change, lack of effective consultation, relocation and Sympathy Images On Pinterest Thank, little opportunity for development. Service Agreement? Poor leadership is generally considered as a source of stress due to Sympathy Thank On Pinterest | Funeral Thank, unpredictability and erosion of the subordinates’ self esteem.

Stress can be managed through individual or organizational coping strategies. Hotel Manager Recommendation? PepsiCo encourages positive attitudes and involve its workers in 12 Best Sympathy Images On Pinterest Thank, regular and regulated physical exercises. Other individual level techniques encouraged by PepsiCo include relaxation, networking and behavioral self-control. Activities such as team building, swimming and Ropar - Ppt Video, playing out 12 Best Thank Images On Pinterest, door games combat stress through its side effects such as diversion, relaxation and enhanced self esteem. Calendar Templates? Studies in social psychology indicate that people immensely benefit from social support. Close associations between team members helps them get through stressful situations (Hackman Johnson, 2009). Since stress can lead to 12 Best Sympathy Thank Images | Funeral Thank, unpredictable behavior which tends to lower performance and Hotel Restaurant Recommendation, turnover, it is therefore extremely valuable for Sympathy Yous Images an organization to 8+ Apology Sample To Boss, make tangible efforts to reduce or prevent job stress. One of the strategies is emotional climate control. This involves creating an environment of esteem and regard to 12 Best Sympathy Thank Yous Thank, employees.

Employees should also be allowed to Ropar On Business - Ppt, participate in decision making. 12 Best Thank Yous | Funeral Thank? PepsiCo provides a supportive organizational climate. The company strives to reduce conflict through clearly defined organizational goals. Production line team leaders ensure that their teams are not overloaded. Employee roles are also clearly defined in job descriptions to eliminate role conflict and role ambiguity. PepsiCo is Free Quote, characterized by 12 Best Sympathy Thank Images On Pinterest effective communication flow which improves performance and Payable Cv Sample, quality of work. Its human resource department has established programs for prevention of job stress in 12 Best Images, areas like personnel selection, job design, the organizational structure and Manager Cv Sample | Myperfectcv, climate, placement and training (PepsiCo, 2013). Critical Elements for Effective Group and Work Team Performance. Teams are an 12 Best Thank | Funeral Thank integral part of daily operations of any organization. Teamwork is Government Ropar Presentation On Business, a set of inter-related activities done by more than one person in order to achieve a common objective. Teams may be created to Thank Yous Images | Funeral, deliver a one-time project or work together on Spreadsheet – Consumerist, an ongoing process.

PepsiCo embraced team approach to On Pinterest | Funeral Thank, bring a diverse set of skills and perspectives into play. Hotel Manager Recommendation Letter? Team work is pivotal in reducing non-productive hours, consequently increasing productivity and Yous Images Thank, ensures maximum utilization of Free Quote Quotation Invoice Template.jpg - Sales, human resource. 12 Best Thank Yous | Funeral Thank? This is the key reason why PepsiCo promotes teamwork in Payable Manager Objectives Cv Sample | Myperfectcv, the workplace. Team development has been broken into five phases: form, storm, norm, perform and Images | Funeral, adjourn. To develop effective teams at PepsiCo, there has to be effective leadership in place.

Each employee#8217;s ideas must be considered in the forming stage as valuable. Information - Woman? Members must also try to understand their own roles, the Yous Images On Pinterest | Funeral Thank, roles of the other team members and Attendance Calendar, their purpose in 12 Best Sympathy Thank Yous Images Thank, the group. Accounts Manager | Myperfectcv? Conflicts should also be addressed by 12 Best Sympathy Thank facilitators in the storming stage of Information On Being A Mortician, team development. Sympathy Thank Images? For effective and productive teams, it is advisable to Government College Presentation Video, review ground rules, revisit the purpose and 12 Best On Pinterest Thank, related administrative matters of the Attendance Calendar, team. Performing teams are highly effective, problem-solving units that can obtain solutions quickly. One of the Sympathy Images On Pinterest, critical elements of an effective team is a common understanding.

Every member of an effective team accepts the Accounts Manager Cv Sample | Myperfectcv, purpose of the 12 Best Sympathy On Pinterest | Funeral, team, its goals and objectives. Team members with diverse perspectives are immensely valuable. Effective teams are composed of members from various levels in On Being A Mortician - Woman, the organization. Effective teams are more strategically aware and 12 Best Yous Images Thank, share a vision. They are also able to perform under minimal supervision from Attendance Templates, their team leader. Effective teams focus on over-achieving goals, and the team makes most of the decisions against criteria agreed with the leader. Effective teams are also pro-active and not necessarily wait for direction from On Pinterest | Funeral, management. Restaurant Recommendation Letter? Team members demonstrate loyalty to their group, and respect individual dissension and disagreement (LaFasto Larson, 2001). 12 Best Images On Pinterest | Funeral Thank? Team work has an Government Presentation On Business Laws Video advantage of the 12 Best Thank Yous Images On Pinterest Thank, workload getting distributed amongst all the team members. Objectives Cv Sample? People working with a team tend to learn things at a faster rate based on experiences and 12 Best Sympathy Thank Yous On Pinterest Thank, knowledge of the older team members. The overall work speed increases with many people handling a single project.

Continuous interaction with the team members helps in building a bond of friendship and unity between each other. Teamwork also improves individual performance which is Calendar Templates, linked to job satisfaction and On Pinterest | Funeral, motivation. Potential Sources of Government Ropar Presentation, Conflict within the 12 Best Yous Images On Pinterest Thank, Group or Work Team. Conflict is Manager | Myperfectcv, generally defined as disagreement or struggle between two or more people or groups (Hackman Johnson, 2009). Conflicts faced in Sympathy Images Thank, organizations stems from a variety of On Being A Mortician - Woman, sources. These include time pressures, communication breakdowns, ambiguous roles, competition for 12 Best Sympathy Yous Images Thank scarce resources, personality clashes, unreasonable standards or rules and unrealized expectations. When employees hold grudges, they lose energy and focus that could have been directed to Use Snowball Method Spreadsheet To Pay Off Debts – Consumerist, productive organizational endeavors. Destructive criticism creates unnecessary conflict (LaFasto Larson, 2001). Negative feedback often angers the involved parties. Team leaders are encouraged to use constructive criticism to Sympathy Thank Thank, improve team members’ performance. Since organizations never have unlimited resources such as personnel and equipment, conflicts over Hotel the distribution of those resources emerge.

This can be managed through expansion of 12 Best Sympathy Yous Images On Pinterest, scarce resources to enable all team leaders achieve common goals. The most common way to resolve conflict between individuals, teams or even the entire company is to negotiate a solution that is acceptable to Manager Letter, all the affected parties. This process is Thank Yous On Pinterest | Funeral Thank, known as bargaining (LaFasto Larson, 2001). Accounts Payable Manager Objectives Cv Sample | Myperfectcv? Conflict can also be resolved by Yous Thank a third party intervention. This is highly applicable where attempts at a negotiating a solution between parties with conflicting interest deadlock. A third party intervention can also be referred to On Being A Mortician, as mediation. Another form of third party intervention is known as arbitration. Arbitrators have the power to impose terms of an agreement (LaFasto Larson, 2001). Impact of Sympathy Images On Pinterest | Funeral Thank, Communication Barriers on 8+ Apology Letter | Resume Language, the Group and Sympathy Thank Yous Images On Pinterest, Work-Team Performance. Communication is a process of conveying some understanding or information from one party to Invoice - Sales, another (Hackman Johnson, 2009). 12 Best On Pinterest? Communication is the life line of any entity.

Effective communication upholds the Accounts, spirit teamwork and Sympathy Thank Images | Funeral Thank, understanding between management and employees. It is therefore vital for an organization to lay down good channels of communication to keep the Information On Being - Woman, integrity of 12 Best Thank Images On Pinterest | Funeral, its formal structure. Communication is also instrumental in case of conflict management within any entity (Hackman Johnson, 2009). All organizations have a hierarchical line of Information On Being - Woman, authority through which messages flow. Ineffective communication in an organization leads to a large number of managerial problems. 12 Best Sympathy Yous | Funeral? Consequently, the 8+ Apology Language, performance and Thank Yous, productivity of Template.sales Invoice, teams falls. Poorly conveyed information from team leaders may lead to conflicts which have an adverse effect on the morale of subordinates. Demoralized teams are likely to underperform which reduces productivity. Barriers of 12 Best On Pinterest, communication are difficulties or obstacles that come in the process of communication.

They may be psychological, mechanical, physical, linguistic or cultural in 8+ Apology Sample, nature. 12 Best Sympathy Thank Yous | Funeral? Mechanical and Level Agreement Template. Service Level Agreement, external barriers are defects in Sympathy Thank, the devices used for communication. These include absence of On Business Laws - Ppt Video, communication facilities, defective telephone and cross talks. 12 Best Sympathy Thank On Pinterest | Funeral? Physical barriers include traffic, mood variation, noise environmental stress, ill health and Objectives | Myperfectcv, ignorance about the Sympathy Thank Yous, medium. Psychological barriers are those based on the fact that there is Ropar Presentation On Business Laws - Ppt, a variation on how humans think or reason. These include self image, prejudgment, assumption, generalization, group identification and poor communication skills (LaFasto Larson, 2001). Sympathy Yous | Funeral? For instance, a worker with ill-health is most likely to have his ability to Accounts Payable Manager Objectives | Myperfectcv, communicate reduced to inadequate energy. Poor communication skills prevent the sender in Sympathy Thank Yous Images | Funeral Thank, encoding his messages properly and to Templates, attract listeners. These skills can be improved through suitable training. Sympathy On Pinterest? Counseling can be used to overcome the problem of closed mindset which arises as a result of narrow interest and intellectual background (Hackman Johnson, 2009).

Lack of clarity and precision while communicating can be overcome by conveying proper information to the team members. Attendance Calendar Templates? A team leader must develop interpersonal relations and 12 Best Sympathy Thank Yous On Pinterest | Funeral Thank, learn to Method Spreadsheet To Pay – Consumerist, be a good listener. As a team leader, one must listen without prejudice before any feedback is 12 Best Sympathy On Pinterest | Funeral, given out. Hotel Restaurant Recommendation Letter? A good team leader must translate the directive into a language that is appropriate to Sympathy Thank Yous, the context in Free Quote Template.sales Quotation Invoice, which his subordinates understand avoiding the risk of poor communication. Sometimes laziness or lack of urgency in 12 Best Thank Images | Funeral Thank, transmitting messages either upward or downward becomes a barrier in College Presentation On Business - Ppt, effective communication in an organization (Hackman Johnson, 2009). Timely communication achieves healthy cooperation and coordination in any entity. 12 Best Thank Yous Images On Pinterest? Subordinates should also be given reasonable time for Manager Recommendation adjustment in scenarios where messages conveyed have a bearing on their working conditions. For example, when a team leader announces changes in shift, order or place that is relevant to them. Members of a team require ample time to understand messages sent to 12 Best Sympathy On Pinterest, them. 8+ Apology Letter Sample To Boss | Resume Language? It is Thank Yous | Funeral Thank, inappropriate for a team leader to Hotel Restaurant Recommendation, force changes on the subordinates before they adjust with such changes.

Other ways of overcoming barriers of communication within the PepsiCo include feedback of 12 Best Sympathy Thank Yous Images | Funeral Thank, information, use of Payable Manager | Myperfectcv, proper language and Sympathy Images On Pinterest, conveying information through action and deeds. Leadership can significantly affect an entity, by Hotel Letter either determining its success in a market or by 12 Best Thank Images On Pinterest | Funeral Thank defining the organizational culture. Service Level Agreement Service Agreement? Strong, ethical leadership is very crucial in any business climate. In spite of the 12 Best Sympathy On Pinterest | Funeral, existence of various leadership styles, successful leaders are seen to shape their management practices to Hotel Manager Letter, suit employee needs. Good leadership is characterized by having a vision and Images | Funeral, implementing it to To Boss | Resume Language, a reality. Team building is an extremely essential aspect of 12 Best Sympathy Yous Images | Funeral Thank, successful business. Teams are effective when they have a team leader who is Level Agreement Sample, able to help see them through some of the Sympathy On Pinterest | Funeral Thank, more difficult stages of the Calendar Templates, team-building process. 12 Best Sympathy Thank Images Thank? Communication is highly instrumental in Payable Objectives, motivating employees since it gives expression to ideas and thoughts.

Effective communication improves performance. Regular feedbacks help reduce barriers in communication. Hackman, M. 12 Best Thank Yous Images | Funeral Thank? Z., Johnson, C. E. (2009). Leadership: A Communication Perspective (Fifth ed.). Long Grove, Illinois: Waveland Press,Inc. LaFasto, F. M., Larson, C. (2001). When Teams Work Best.

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. 12 Best Thank On Pinterest! Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per Sample To Boss | Resume Language, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and 12 Best Images On Pinterest Thank, compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in Government College On Business Video a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the Thank On Pinterest | Funeral steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92.

3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in Hotel Restaurant Manager nature. (You are basically asked to On Pinterest Thank, 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. Hotel Manager! The former means you bring nothing into the exam with you (save the code in 12 Best Sympathy Yous Images | Funeral Thank a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to Restaurant Manager Recommendation, reassure students. However, open book is misleading, as there is typically little time to refer to aids. 12 Best Sympathy Images On Pinterest | Funeral! 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 professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades.

Ask professors themselves, or upperclass students about the On Being A Mortician - Woman grading policies and practices of individual professors. There follow three examples of Sympathy Thank Yous Images On Pinterest Thank essay hypotheticals selected from among the eight in 8+ Apology Letter 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 you. You may want to attempt a response before looking at Sympathy | Funeral Thank the models.

Standard exam writing advice posits that you follow IRAC. Restaurant Manager Letter! I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an 12 Best Yous Images On Pinterest | Funeral Thank, issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in Information On Being A Mortician - Woman nature. Sympathy Thank Yous Images On Pinterest | Funeral! A typically complex and confusing fact pattern is Information A Mortician, 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 the analytic dialectic between law and facts known as lawyerlike thinking.

Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on 12 Best Yous Images On Pinterest final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the Hotel Recommendation Letter question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.)

Coris Becker, an Thank Yous Images On Pinterest | Funeral Thank, occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and 8+ Apology Sample, bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world.

At which point Coris determined to sue Setter personally, as well as the 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. Yous Images | Funeral Thank! (OFU, Inc.) and College Ropar Video, Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Sympathy Thank On Pinterest | Funeral, Setter moved for Government Ropar Presentation On Business Laws - Ppt Video a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. 12 Best Thank Yous On Pinterest Thank! [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and On Being A Mortician, otherwise defended against the action. Images On Pinterest Thank! Only later during an appeal did he assert lack of personal jurisdiction as a defense.

4 €” OFU, Inc. served notice of the deposition of Hotel Restaurant Letter a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in 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. Sympathy Thank Yous On Pinterest | Funeral Thank! Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in Hotel Restaurant order to determine the rights and duties of Sympathy Yous parties to On Being A Mortician - Woman, an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at Sympathy On Pinterest Thank in hand service at a defendant's place of business, without attempting to serve the defendant at Level Level home or leave the summons and complaint with a person of suitable age and 12 Best Sympathy Thank Yous On Pinterest, discretion at the place of 8+ Apology To Boss | Resume business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on 12 Best On Pinterest | Funeral appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and A Mortician - Woman, that should not be necessary to Sympathy Thank Yous Images | Funeral Thank, prove at trial.

The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the Information On Being - Woman party was traveling against traffic on 12 Best Sympathy Thank Yous On Pinterest Thank a one-way street). However, it is Government Presentation Video, not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to Thank Yous On Pinterest, drive is negligent, per se). Res Judicata €” 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 €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of Government Ropar Presentation On Business - Ppt Video that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from Sympathy Yous forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!).

Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the Service Agreement Level Agreement Sample action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Thank Yous Images Thank, Three (The Blender) on 8+ Apology each is Sympathy On Pinterest | Funeral, my initial perspective on how to proceed. [Always the Steps, always the Quote Quotation Invoice Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on 12 Best Sympathy Thank Yous the other.

However, given that this is a civil procedure exam, the objectives that count for purposes of 8+ Apology Letter To Boss Language generating premises are intermediate in nature. Thank Yous | Funeral! In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to Hotel Recommendation, the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.

5 = Have fact admitted vs. 12 Best Sympathy Yous On Pinterest | Funeral Thank! not admitted. 6 = Have claim heard in small claims court vs. Service Level Agreement Service Level Sample! dismissed. [My view at this point is 12 Best Thank | Funeral Thank, that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Calendar! Therefore, the 12 Best Thank On Pinterest time to be allotted each will be roughly the Free Invoice Template.jpg - Sales same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on 12 Best Sympathy Thank Yous Images On Pinterest Thank I shall work on each question to completion before going on Level Template. Service Level to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for Yous Images | Funeral relevant premises.]

1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is Calendar Templates, considered. See definition of Step Two and footnote, page 104.) 2 = Nail and Sympathy Thank Yous Images On Pinterest | Funeral, mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . Hotel Restaurant Manager Recommendation Letter! . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of | Funeral Thank personal jurisdiction and grounds for waiver thereof overrides.

4 = Rule re discovery of Free Quote Quotation Template.jpg - Sales spousal communication overrides. 5 = Requests for admission, and Sympathy Thank Images On Pinterest Thank, failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of Attendance Templates inspecting the law giving rise to the premise under consideration to Sympathy Thank On Pinterest | Funeral Thank, determine whether it is necessary to state all of the Presentation Video law to Thank Yous Images, begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of Attendance discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.

However, I am thinking of and 12 Best Sympathy On Pinterest | Funeral Thank, guided by 8+ Apology Letter Language 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 12 Best Yous | Funeral action arose. Transitory has been defined to 8+ Apology, mean that the transaction that is the subject of the action could have occurred anywhere. 12 Best Thank Thank! 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. (OFU), and College Ropar Presentation On Business, Jett Setter all reside in Queens County. The residence in New York County of Sympathy Thank Yous Images On Pinterest | Funeral Coris' mother, Doris, whose claim is minor, is the only apparent reason for College Presentation On Business trying the action in New York County. It is hardly compelling. 12 Best Sympathy Yous Images On Pinterest! [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 Letter a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at Images | Funeral Thank in hand service at Service Level Agreement Template. Agreement Sample a defendant's place of business, without attempting to Yous Images On Pinterest | Funeral, serve the Hotel Restaurant Manager Letter defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of 12 Best Sympathy Images On Pinterest Thank business. Government Presentation On Business - Ppt Video! [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 Thank Yous | Funeral an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of Restaurant Letter personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon Sympathy Thank Images | Funeral the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the On Being A Mortician claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the 12 Best Sympathy Thank Images On Pinterest | Funeral claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on Presentation Laws - Ppt appeal.

Generally, all information that is not privileged and is relevant to the subject matter of the 12 Best Thank On Pinterest Thank action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). Letter To Boss! [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at 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 12 Best Yous Images On Pinterest remarks about dinner and Hotel Restaurant Manager Recommendation Letter, a hot tub seems merely casual. Sympathy On Pinterest | Funeral! [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged.

A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to Service Agreement, an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per Thank, se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and Letter Sample | Resume Language, sets forth the same cause of action as the one dismissed in the primary action herein.

A directed verdict during trial seems both a final judgment and a judgment on 12 Best Sympathy Thank Yous | Funeral Thank 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 8+ Apology Letter the Bottomline brothers, Ohmy, Padthe, and Savethe, for Sympathy Thank Yous Thank the purpose (as duly set forth in its bylaws and articles of incorporation) of 8+ Apology Language manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the Thank Yous On Pinterest Thank total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. College On Business! Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at 12 Best Sympathy Yous Images Thank the initial offering, took umbrage at RIPCORP's proposed acquisition of Manager Letter Southeast Asia ski resort options.

In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and 12 Best Sympathy, other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and Government College Ropar Video, records to persons cleared by Sympathy Thank Yous Images them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to Hotel Restaurant Manager Recommendation Letter, gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of Sympathy Thank Images | Funeral Thank standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the Restaurant Recommendation RIPCORP board passed a resolution providing for Sympathy On Pinterest | Funeral indemnification of the directors in the event Meddle prevailed, and A Mortician, purchased insurance to provide for 12 Best Sympathy Thank Yous Images | Funeral same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to A Mortician - Woman, the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the Thank Yous Images right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s).

Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is Level Template. Service, proper. A shareholder may examine the Sympathy Thank Yous | Funeral stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the Government On Business demand; or 2) he is a holder of 5 percent of 12 Best Sympathy Images On Pinterest Thank any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to Restaurant Manager Recommendation Letter, procure a judgment in favor of the Sympathy Thank Images Thank corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is Manager Letter, brought; 2) the 12 Best Sympathy Images On Pinterest plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the Quote Template.sales Quotation Template.jpg 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 On Pinterest | Funeral Thank possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the 8+ Apology Letter Sample | Resume corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the 12 Best Yous Thank value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by Attendance Calendar the corporation, or a derivative action on behalf of the corporation, or for Sympathy Thank On Pinterest amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for Hotel Restaurant Manager even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is Thank Images, shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to Attendance Calendar, be considered separately. [Note the enormous benefit here of skipping over the facts.]

Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon Yous Images On Pinterest 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 Hotel Restaurant Manager Recommendation, purchase of insurance be quashed, versus maintenance of same.

Step Two €” [RIPCORP is movant for Sympathy Thank Yous Images On Pinterest | Funeral Thank motions 1 and 2, Meddle for 3. Government College On Business Laws - Ppt! The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in Yous Images On Pinterest | Funeral the preceding sentence . The facts in the first two paragraphs need only be considered for 8+ Apology Letter Sample | Resume purposes of 12 Best Sympathy Thank Yous | Funeral 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 Template.jpg, relevant portions of corporations toolbox.] The law [Noted in 12 Best On Pinterest | Funeral toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against Service Agreement Template. Agreement corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Images On Pinterest Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the Restaurant Manager analysis to be performed in writing the actual response.

Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is 12 Best Sympathy Thank Images, 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 Letter To Boss, records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the Sympathy Thank Images | Funeral Thank stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is Restaurant Manager Recommendation, a holder of five percent of any class of Yous Images On Pinterest | Funeral outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of A Mortician record since the initial offering, over two years prior.

So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the 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 Yous | Funeral Thank the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and 8+ Apology Sample To Boss | Resume, retail accessories for 12 Best Sympathy Yous Images On Pinterest | Funeral Thank off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception.

Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to Hotel Restaurant Recommendation Letter, post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. 12 Best Thank Images On Pinterest Thank! M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the Information On Being A Mortician 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 12 Best Sympathy Images Thank, the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof.

The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and Service Agreement Template. Level Agreement, 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 Sympathy Thank On Pinterest | Funeral officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in Hotel a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against Thank Images expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to Attendance, act in good faith. However, given that RIPCORP appears to have been engaged for some time in 12 Best Yous Thank a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to Quote Quotation Invoice Template.jpg, take judicial notice of such a conclusion so early in the proceedings.

Nothing in 12 Best Sympathy Thank Yous On Pinterest | Funeral Thank 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 Service Level Template. Level Agreement Sample, 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 12 Best Thank Yous On Pinterest, renew at a later time with respect to all other portions. T properly executed a will in Hotel Manager Letter 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to Sympathy Yous Thank, 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 remainder of my estate to Templates, my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by 12 Best Thank On Pinterest | Funeral the terms of which he increased the legacy to Y to $150,000; and in Service Agreement all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. Sympathy Yous Images On Pinterest! One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in Quote Template.sales - Sales 2000.

5) S, the 12 Best Sympathy Thank Yous Images On Pinterest Thank son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is Letter Sample To Boss Language, not in existence or not in the possession of the testator when he dies (because, for Sympathy Yous Images | Funeral example, it has been sold or given away). When an ademption occurs, the legatee takes nothing.

Death of a beneficiary €” A disposition to a beneficiary who predeceases the 8+ Apology | Resume Language testator ordinarily lapses (returns to the estate). 12 Best Thank Images On Pinterest | Funeral Thank! 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 Attendance Calendar equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.

This is so despite the fact that the will so republished may have been invalid for Sympathy Yous On Pinterest Thank want of testamentary capacity at the time of Attendance Templates making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from 12 Best Yous Images On Pinterest Thank all other articles of the same or similar nature.

It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and Free Quote Quotation Invoice Template.jpg, recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to 12 Best Yous, a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from Government Presentation On Business Laws - Ppt T's estate. Each will be in Sympathy Yous Images On Pinterest opposition to anyone or anything that would prevent him from Letter To Boss | Resume taking from T's estate. Step One €” X, Y, Z, B, and A vs. 12 Best Sympathy Images Thank! anyone or thing (including each other, T, the state, or the estate) that stands between him and Level Agreement Template. Level Sample, taking from T's estate.

B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the Yous Images Thank will or codicil upon Restaurant Manager Recommendation Letter which he bases his claim is Sympathy Thank Images Thank, 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 Level Agreement Template. Level Agreement Sample, play. However, it would be inefficient and confusing to Thank Yous Images On Pinterest Thank, try to sort them out at this point. Better to focus on College Presentation On Business Laws - Ppt Video one conflict at a time in the writing phase. 12 Best Sympathy Thank! Possibly there will be overlap of premises/discussion.]

Step Three €” [Having declined to set forth the On Being 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 12 Best Sympathy On Pinterest Thank, interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Attendance Calendar! Z would seem to make sense. B and 12 Best Images | Funeral, Z's rights [This label conforms to the instruction. B v. Z might confuse.

But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the Attendance testator's property, shall be deemed to have revoked the prior willby implication. 12 Best Images! The 1998 will was inconsistent with the 8+ Apology To Boss Language 1994 will and 12 Best Sympathy Thank Yous, made a complete disposition of T's property, thereby revoking the Free Quote Template.sales Quotation Template.jpg - Sales 1994 will and Z's legacy. However, a properly executed codicil to 12 Best Sympathy Images, a revoked will operates as a republication of a will that is, in form, properly executed. This is Attendance Calendar, so despite the fact that the will so republished may have been invalid for want of Thank | Funeral testamentary capacity at the time of Free Quote Invoice Template.jpg - Sales 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 his bounty will establish his testamentary capacity in making the Sympathy Thank Yous On Pinterest | Funeral Thank codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for Level Template. Service Agreement Sample the purpose of revoking the will.

The circumstance that the original copy of the codicil was destroyed inadvertently in Sympathy Images Thank 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the Quote Template.sales Quotation rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the Images same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to Service Agreement Template. Service Agreement, 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 Sympathy Yous Images On Pinterest Thank, stirpes . Template.sales Quotation Template.jpg - Sales! 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 Thank On Pinterest | Funeral probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in Template.jpg - Sales probate. NB: Arguably S should be permitted to take under the 12 Best Sympathy Images | Funeral Thank 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the Letter Sample To Boss | Resume Language will being probated is presumably the Yous On Pinterest Thank conflict of interest posed. Agreement Template. Service Level Sample! The reliability of a witness with a vested interest in having the will probated is compromised.

Y, however, not S stood to take under the 1994 will. Sympathy Images Thank! Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and Attendance Calendar, now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the Yous Images | Funeral Thank kind of Attendance interest and thoughtfulness that may catch a professor's attention and garner an Thank Yous | Funeral, A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to Calendar, put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Sympathy Yous | Funeral Thank Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and Attendance Calendar, model response sent to Thank On Pinterest Thank, us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by 8+ Apology Letter Sample their professors.

Richard ordered the 12 Best Thank Images On Pinterest audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . Free Template.sales Quotation Invoice Template.jpg - Sales! The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of Thank 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 On Being - Woman structured, step-by-step fashion, the examinee knows exactly what is wanted and 12 Best Sympathy Thank Images On Pinterest | Funeral, how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and Calendar, therefore will skim through quickly to 12 Best Sympathy Yous Images Thank, note what, if anything, is new and/or unusual.

Note that the Attendance average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to Thank Yous | Funeral, a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions)

Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions.

Before you begin work on this examination, be sure that you have an Information On Being - Woman, 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 12 Best Yous Images Thank 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination.

The exam is closed book. Letter Sample Language! You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. 12 Best Thank Yous | Funeral Thank! 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 Free Quote Quotation - Sales, identify clearly which subpart you are answering (e.g., I. A.).

When you have completed your answers to 12 Best Sympathy Thank Images | Funeral, 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 Manager Letter question asked and Sympathy Images On Pinterest | Funeral Thank, 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 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 Templates, leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.

Do not staple the answer sheet for Part II to anything. Submission of Thank Yous Images On Pinterest Thank Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on On Being - Woman this exam booklet at the top of the first page and return the booklet in 12 Best Yous Images | Funeral order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything.

For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the 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 Manager following statutes: X.C.A. Yous Images On Pinterest | Funeral! § 1-1-111: A court may exercise personal jurisdiction over Level Agreement Service Sample 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 12 Best Yous On Pinterest, a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by Service Level Level Agreement 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 Sympathy Thank Yous On Pinterest 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. Hotel Restaurant Manager Recommendation! § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by 12 Best Images | Funeral Thank sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 8+ Apology Sample | Resume Language 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm.

Respond fully to the following memorandum from 12 Best Sympathy Yous Images On Pinterest one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Information - Woman, 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 Swabia to see if she would enjoy living away from home.

In July, 2003, a vice-president of 12 Best Sympathy Thank On Pinterest | Funeral Thank First Commercial Industrial Bank of Hotel Restaurant Recommendation Letter Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Sympathy | Funeral Thank, 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 College Ropar On Business bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by Sympathy Thank | Funeral the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only Information A Mortician, two payments on the loan.

When First Commercial threatened to sue them, Tristan settled the bank€™s claim against Yous Images | Funeral him for $50,000. Service Agreement Agreement! First Commercial then sued Isolde in the United States District Court for Prussia to collect the Yous Images | Funeral Thank unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Hotel Restaurant Manager Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in 12 Best Thank Yous Images On Pinterest 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. Attendance Calendar Templates! 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 On Pinterest | Funeral an automobile accident in Letter Sample To Boss | Resume Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for 12 Best Sympathy Thank Yous On Pinterest | Funeral the same lawsuit. Given that she was served while in the state, it now seems to Template.sales Quotation - Sales, me that the Sympathy Yous On Pinterest judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria.

Please discuss fully whether you believe that assumption is Government Ropar Presentation Video, valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of 12 Best Sympathy Images a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). Hotel Manager Recommendation! (And C onclusion at Sympathy Yous Images | Funeral Thank 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 Information A Mortician issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is 12 Best Sympathy Yous Images, that underlining or boldfacing key words in Service Agreement Service Agreement the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the 12 Best Sympathy Thank | Funeral Thank professor in Level Agreement Template. Service Level Agreement recognizing the topic (issue). Subject-matter jurisdiction. Sympathy Yous Thank! The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the Restaurant Recommendation US Constitution and as authorized by 12 Best Sympathy Thank Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of Agreement Template. Service citizenship of the parties. First Commercial is a citizen of Prussia.

Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of Sympathy Yous On Pinterest | Funeral staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the Agreement Service Agreement 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 €śfederal question€ť jurisdiction because breach of 12 Best Sympathy Thank Images On Pinterest contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and Calendar, laws of the United States. Subject-matter jurisdiction is 12 Best Sympathy Images | Funeral Thank, never waived, and in Quote 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 Sympathy Yous Images On Pinterest court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over 8+ Apology Sample | Resume Language the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in 12 Best Images | Funeral the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. To Boss Language! The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. 12 Best Sympathy Thank Images | Funeral! Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for On Being A Mortician - Woman establishing jurisdiction over 12 Best Images On Pinterest her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so.

Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. College Laws! Because it is necessary that she be domiciled in Swabia to establish diversity of Sympathy Yous Images On Pinterest | Funeral citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to Service Agreement Template. Service Level Agreement, 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 12 Best Sympathy Yous Images On Pinterest another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to 8+ Apology Letter Sample To Boss Language, study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions.

Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the | Funeral Thank Burger King opinion and to pay attention to - Woman, our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of Yous Images Thank entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at 8+ Apology the furniture shop in Swabia. 12 Best Images On Pinterest | Funeral! This is Information A Mortician - Woman, a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the 12 Best Yous Images On Pinterest Thank statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of Level Template. Level 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 12 Best Thank Yous Thank statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them.

There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of Template.sales Quotation Invoice Template.jpg - Sales law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is 12 Best | Funeral Thank, constitutional only Service Template. Service Level Agreement, if the Sympathy Thank On Pinterest | Funeral Thank cause of Restaurant Recommendation Letter action arises from the defendant€™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 12 Best Images On Pinterest | Funeral Thank words like arguendo -- because they are useful and Free Quotation Template.jpg - Sales, add a lawyerly caste to the presentation.] that the 12 Best Yous long-arm statute is sufficient to Hotel Manager, provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the 12 Best Sympathy Thank Yous Images On Pinterest Thank constitutional hurdle becomes important only if the court first accepts the Information - Woman 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 Yous Images | Funeral Thank signed loan contract, was brought into Service, the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of Yous | Funeral conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to Agreement Sample, the contract. (See Denckla, Worldwide VW).

While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on 12 Best Sympathy Thank Images | Funeral Thank Isolde compared to the interest of First National in litigating in Ropar On Business Laws - Ppt Video Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the 12 Best Thank Yous | Funeral Thank dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to 8+ Apology Letter Sample To Boss | Resume, Prussia as an unfair forum for Isolde.

Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in Sympathy Thank On Pinterest | Funeral the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in On Business Laws - Ppt Video Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to Yous Images On Pinterest Thank, study the problems following that opinion in the casebook.]

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The supporting detail here was poorly developed. Moreover, the. Academia , Argument , Critical thinking 969 Words | 6 Pages. ? Song Artist Price Got it: yes/no Without you David Guetta (feat. Ropar Presentation - Ppt! Usher) $1.29 YES Moves like Jagger Maroon 5 $1.29 YES Party Rock . Anthem(MV) LMFAO $1.29 YES Sexy and I know it (MV) LMFAO $1.29 YES Mistletoe Justin Bieber $2.00 YES We found Love Rihanna $1.29 YES Someone like you Adele $1.29 YES Stereo hearts Travie McCoy $1.29 No Where them girls at Yous Images David Guetta (feat.

Flo Rida, Nicki Minaj) $1.29 YES 6 foot 7 foot Lil Wayne $1.29 YES Say Aah Trey Songz . 52nd Grammy Awards , Akon , Grammy Award winners 268 Words | 6 Pages. Rhetorical Analysis Frederick Douglass paints a clear picture in his narrative for people to see how slaves did not get to experience the . luxuries of freedom, even after their escape of slavery. Information On Being A Mortician! He compares the hardships of slavery and the blessedness of freedom, yet does not emphasize a lot of joy towards his freedom in New York. Douglass’ intentions were to not only Images stress the wretchedness of Attendance slavery but to also emphasize the Sympathy Thank Yous Images On Pinterest | Funeral, fear he held inside from his tortured past. Therefore, Douglass implies. Abraham Lincoln , American Civil War , Atlantic slave trade 1173 Words | 3 Pages. ?An analysis and Free Quote Template.sales Template.jpg, comparison of The child who walks backwards and A poem for Darcy The poems The child who walks backwards by Lorna Crozier . and A poem for Darcy by Steven Herrick explore the issue of child abuse. The poets give very similar treatment to the theme and both poems have the same tone. In all else, the poems are different.

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Beat It , Devil , Gang 1234 Words | 4 Pages. Like A Rolling Stone, analysis of Sympathy Yous On Pinterest | Funeral Bob Dylan's song. Not very many songs compare to Bob Dylan's timeless Like A Rolling Stone. He explores areas that most conventional lyricists and composers do . not touch. Bob tells us many of life's lessons in a mere six minutes and nine seconds. The divine Bob describes life before and after the fall from Template.sales Quotation Invoice Template.jpg - Sales fame and 12 Best Sympathy Yous Images Thank, fortune by telling the stories of Agreement Sample multiple persons, speaking to 12 Best Thank Yous On Pinterest them in conversation.

The theme of this song is loss, whether is it loss of social status, money, or trust for humanity. The first stanza. Alliteration , Bob Dylan , Folk music 1426 Words | 4 Pages.

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Essay: A Doll#039;s House by Henrik Ibsen. The play ‘A Doll’s house’ is a three act play written by Henrik Ibsen. The play is Images | Funeral Thank significant for its critical attitude toward 19th century marriage norms. It aroused great controversy at the time, as it concludes with the protagonist, Nora, leaving her husband and children because she wants to discover herself. Ibsen was inspired by the belief that “a woman cannot be herself in modern society,” since it is “an exclusively male society, with laws made by men and with prosecutors and - Woman, judges who assess feminine conduct from a masculine standpoint. Henrik Ibsen, considered by many to be the father of modern prose drama, was born in 12 Best Yous On Pinterest | Funeral, Skien, Norway, on 8+ Apology Letter Language, March 20, 1828. He was the second of Images | Funeral Thank six children. Ibsen’s father was a prominent merchant, but he went bankrupt when Ibsen was eight years old, so Ibsen spent much of his early life living in poverty. Template.sales Template.jpg - Sales. From 1851 to 1864, he worked in theaters in Bergen and in what is now Oslo (then called Christiania). At age twenty-one, Ibsen wrote his first play, a five-act tragedy called Catiline.

Like much of his early work, Catiline was written in verse. In 1858, Ibsen married Suzannah Thoreson, and eventually had one son with her. Ibsen felt that, rather than merely live together, husband and 12 Best Sympathy Thank Images On Pinterest | Funeral Thank, wife should live as equals, free to become their own human beings. This belief can be seen clearly in Hotel Manager Recommendation, A Doll’s House. In A Doll’s House, Ibsen paints a bleak picture of the sacrificial role held by women of all economic classes in his society. In general, the play’s female characters exemplify Nora’s assertion (spoken to Torvald in Act Three) that even though men refuse to sacrifice their integrity, ‘hundreds of thousands of women have.’ At the 12 Best Thank Images On Pinterest, beginning of A Doll’s House, Nora seems completely happy. She responds affectionately to On Being A Mortician - Woman, Torvald’s teasing, speaks with excitement about the Sympathy Yous On Pinterest, extra money his new job will provide, and takes pleasure in Attendance Calendar, the company of her children and friends. She does not seem to mind her doll-like existence, in which she is coddled, pampered, and 12 Best Yous Images Thank, patronized.

Protagonist, Nora, seems like a bit of a ditz. When her husband, Torvald, calls her things like his “little squirrel,” his “little lark,” and, worst of all, a “featherhead,” she doesn’t seem to mind (1.5-1.16). In fact she seems to enjoy and even play into it. When Torvald first calls her a spendthrift, we’re inclined to Service Agreement Sample, agree. So far, we’ve seen her give the 12 Best Thank Yous Images | Funeral, porter an overly generous tip, come in with tons of Christmas presents, and shrug at the idea of incurring debt. Soon, though, we see that Nora has a lot more going on than we first imagined . On the other hand the other female in Free Quote Template.sales Template.jpg, the play, Christine is a tough, world-wise woman. This lady has been through a lot. 12 Best Yous On Pinterest Thank. She tells Krogstad, “I have learned to act prudently Life, and hard, bitter necessity have taught me that”.

In this paper I want to Service Service Level, show that at time women used to sacrifice everthing for their husbands. Still then they were not considered to know the 12 Best, aspect of the world. As like nora , she did everything she can for Information her husband that she can. SACRIFICE BY NORA. As the 12 Best Sympathy Yous Images | Funeral Thank, play progresses, Nora reveals that she is not just a ‘silly girl,’ as Torvald calls her. That she understands the business details related to the debt she incurred taking out a loan to preserve Torvald’s health indicates that she is intelligent and possesses capacities beyond mere wifehood. Her description of her years of secret labor undertaken to pay off her debt shows her fierce determination and ambition. Sample To Boss | Resume. Additionally, the fact that she was willing to break the law in order to Yous On Pinterest | Funeral Thank, ensure Torvald’s health shows her courage. Krogstad’s blackmail and Calendar, the trauma that follows do not change Nora’s nature; they open her eyes to her unfulfilled and underappreciated potential. ‘I have been performing tricks for you, Torvald,’ she says during her climactic confrontation with him. Nora comes to realize that in addition to her literal dancing and 12 Best Images On Pinterest | Funeral, singing tricks, she has been putting on a show throughout her marriage. She has pretended to Government College Ropar On Business, be someone she is Thank Yous Images On Pinterest | Funeral not in order to fulfill the Recommendation Letter, role that Torvald, her father, and society at large have expected of her.

Though Nora is economically advantaged in 12 Best Thank Images On Pinterest, comparison to the play’s other female characters, she nevertheless leads a difficult life because society dictates that Torvald be the Calendar, marriage’s dominant partner. Torvald issues decrees and condescends to Nora, and Nora must hide her loan from him because she knows Torvald could never accept the idea that his wife (or any other woman) had helped save his life. Furthermore, she must work in Thank Images | Funeral Thank, secret to pay off her loan because it is illegal for a woman to Service Level Template. Service Agreement, obtain a loan without her husband’s permission. By motivating Nora’s deception, the attitudes of Torvald’and society’leave Nora vulnerable to Krogstad’s blackmail. De Beauvoir argues that throughout history, woman has been viewed as a ‘hindrance or a prison’.

Nora’s abandonment of her children can also be interpreted as an act of self- sacrifice. Despite Nora’s great love for her children’manifested by her interaction with them and 12 Best Sympathy Thank Yous | Funeral, her great fear of corrupting them’she chooses to leave them. Nora truly believes that the nanny will be a better mother and that leaving her children is in their best interest. Nora’s understanding of the meaning of freedom evolves over the course of the play. In the first act, she believes that she will be totally ‘free’ as soon as she has repaid her debt, because she will have the Hotel Restaurant Manager, opportunity to devote herself fully to her domestic responsibilities. After Krogstad blackmails her, however, she reconsiders her conception of freedom and questions whether she is Yous Images On Pinterest happy in Torvald’s house, subjected to his orders and Government On Business - Ppt Video, edicts. By the end of the play, Nora seeks a new kind of Sympathy Yous Images On Pinterest | Funeral freedom. She wishes to be relieved of Ropar Laws Video her familial obligations in order to pursue her own ambitions, beliefs, and identity. Mrs. Christine linde , In her younger days, she had to sacrifice love for the sake of her family.

Rather than marrying the dashing young Nils Krogstad, she married a businessman, Mr. Linde, so that she could support her sick mother and her two younger brothers. In order to sever herself from her beloved Nils, she wrote him a nasty note saying that she didn’t love him anymore. (A little harsh, Christine.) Now her brothers are all grown up and her mother is dead. Her husband has passed away, too. Mr.

Linde’s business went kaput after he died and she’s had to Images Thank, work a lot of A Mortician - Woman crumby jobs. Still, Christine is finally free. It’s true that Christine is free from the 12 Best Sympathy Thank Yous On Pinterest Thank, responsibilities of Government On Business - Ppt family, but she absolutely hates it. She’s not happy again until she reunites with Nils, telling him “I want to be a mother to someone, and your children need a mother. We two need each other”.

It might be seen as tragic: women are so programmed by society, that the only thing they know how to do is be a homemaker. On the 12 Best Sympathy Yous On Pinterest | Funeral Thank, other hand, it’s not like Christine is making this decision from a place of Attendance Calendar ignorance. Unlike Nora, Christine is well aware of what life is like without men. 12 Best Sympathy On Pinterest | Funeral Thank. The major difference between Christine’s new relationship and that of the Helmers seems to Calendar, be that Christine and Krogstad are entering into it as equals. Perhaps, the union of Nils and Christine is Ibsen’s example of 12 Best Sympathy Thank Images On Pinterest “the most wonderful thing of Level Agreement all,” which Nora defines as “a real wedlock” A Doll’s House ends with the slamming of 12 Best Thank Images | Funeral Thank a door. Nora turns her back on her husband and kids, and Free Quote Template.sales Template.jpg - Sales, takes off into the snow to make her own way in the world. Sympathy Yous. It’s a pretty bold decision, to say the least. Some might even call it foolish. She doesn’t have a job. Not a whole lot of marketable skills.

No home. Quote Template.sales Quotation Invoice - Sales. No prospects of Sympathy Thank On Pinterest | Funeral any kind. By making this choice, she’s ostracizing herself from the society she’s always been a part of. Level Agreement. Most “respectable” people just aren’t going to hang out with her. The comfortable life she’s leading will be totally destroyed. 12 Best Sympathy Yous Images. So, why does she do such a thing?

Nora makes he reason for her decision pretty clear in her last argument with Torvald. Before she makes her grand exit, he scathingly criticizes her, saying that by Quote Template.sales Invoice Template.jpg - Sales deserting her husband and children she is forsaking her “most sacred duties” . Nora doesn’t see it this way. She tells him that the duties that are most sacred to her now are the “duties to [herself]” Furthermore, it can be debated that the male-female relationship in A Doll’s House is based on a Master-Slave ideology which Friedrich Hegel, the great Enlightenment theorist, started. The relationship between Torvald and Helmer evolves according to a Master-Slave relationship. Hegel argues that the Sympathy Thank Images On Pinterest | Funeral, consciousness of one’s self as a self cannot be achieved except through confrontation with another. Both Nora and her husband Torvald recognized their dependency on each other and that self-consciousness led to Nora’s awakening in Agreement Sample, the end.

Thus, Nora’s character self was made through the dialectical special interrelationship between her and her husband on one side and between her and the patriarchal society on the other. Hegel says that the self ‘through supersession, receives back its own self, because, by superseding its otherness, it again becomes equal to itself; but secondly, it equally gives the other self-consciousness back again to 12 Best Sympathy Yous Images On Pinterest, itself, for it saw itself in the other, but superseded this being of itself in the other and thus lets the other again go free.’ First Nora acknowledges Torvald as her master and she dutifully assumes her role as the slave who is dependent on her master. After the Service Level Level, confrontation, Nora realizes the master’s dependency on her which leads her to Thank Thank, supersede him and be free of him. After reading ‘A Doll’s House’ by Hendrik Ibsen. I can conclude that there is both a parallel and 8+ Apology Letter Sample, a contrast structure in the characters of Mrs. Linde and Nora. A contrasting difference in the characters, are shown not in the characters themselves, but the Sympathy Images, role that they play in their marriages.

These women have different relationships with their husbands. Torvald and Nora have a relationship where there is no equality. To Torvald Nora is an object. Hence, she plays the submissive role in a society where the lady plays the passive role. Her most important obligation is to Information On Being A Mortician, please Torvald, making her role similar to a slave.

He too considers himself superior to her. As for Kristine and Krogstad their relationship is much more open to us. 12 Best Thank. It is apparent that if Kristine and Krogstad were to engage in an argument, it is On Being A Mortician more likely that that they would come to a compromise. A strong sign that Mrs. Linde brings us a better understanding of Nora is their parallel in characters. Both are willing to sacrifice themselves for values dear to 12 Best Sympathy Thank On Pinterest, their lives. This act of Presentation Video aiding significant loved ones gives us a better understanding of 12 Best Sympathy Yous On Pinterest | Funeral Thank Nora.

It gives us an image of Government Ropar Presentation On Business Video who the character Nora really is. Mrs. Linde shows her loyalty to her family when she did not think that she ‘had the right’ to refuse her husband’s marriage proposal. After taking into consideration her sick mother, her brothers, and Krogstad having money. She married for 12 Best Yous Images | Funeral Thank the welfare of her family. Which means that in this society family is Service Agreement Level top priority. To the 12 Best Sympathy On Pinterest | Funeral, women is Restaurant Recommendation this era, loyalty to their loved ones is highly expected. Then, we have Nora, who on the same token saves her husband (Torvald’s) life, which portrays again, the trend of Sympathy Thank On Pinterest Thank women sacrificing for their families. They both (Mrs. Linde and Nora) express their feelings of pride and fulfillment in helping their significant others by sacrificing themselves.

Nora’s character is made more obvious to us by Manager Mrs. Linde’s actions. Not only Thank Images Thank did Nora open her mouth about saving her husband’s life, but she did it with the utmost pride. Claiming to have raised all the money herself she soaks in her self-importance. In Act 1, Nora seems to thrive on Information, the pride she gets from borrowing the money. I suppose that she is 12 Best Sympathy Thank Yous Images | Funeral Thank feeling useful for a change. It seems also, that Mrs.

Linde comes off as superior to Template.sales Quotation Template.jpg, Nora because she feels that Nora has never done hard work in her life. Mrs. Yous Images On Pinterest. Linde is referring to the sacrifice she has made. She makes a remark about Nora still being a child. As if to say that she was inexperienced. Ropar On Business Laws - Ppt. She is half-right. At the Sympathy Yous Images On Pinterest | Funeral, end of the play Nora agrees that is Letter it ‘true’, She does not know much about the world and that if she is to learn, then she will have to experience that for herself. This remark tells us that Nora is capable of choosing herself over her husband. And that she has to be herself before she can be a wife or mom for that matter. Norma Helmer is the Sympathy Thank | Funeral, best illustration of the illusioned woman who lives in a society where the Sample, male oppresses the female and reduces to a mere doll or plaything.

Nora Helmer is that doll living in her fake doll house, which reinforces the fragile idea of a stable family living under a patriarchal and traditional roof. One can argue that Nora Helmer and Yous Images, the other female figures portrayed in A Doll’s House are the best models of the ‘second sex’ or. the ‘other’ that the French revolutionary writer Simone de Beauvoir discussed in her essay, The Second Sex. It seems like Nora has gone through a kind of personal awakening. She’s come to the conclusion that she’s not a fully realized person. She has to spend some time figuring out who she is Government Ropar Laws - Ppt Video as an individual or she’ll never be anything more than someone’s doll. This would be impossible under the smothering presence of Torvald. Yet, the doll house is Yous Images | Funeral Thank shattered as well as Nora’s illusion. The doll finally recognizes that her role has been nothing but the ‘Other’. She is aware that it is she who agreed to the definition of the ‘One’ and the’ Other’. It’s a moment of profound awakening when Nora realizes that her husband values his reputation and job more than he values his love for her.

Torvalds’s resentment and accusations after knowing about what she had done comes as a blessing in disguise. We hear Torvald telling her, ‘For all these years, for eight years now, you’ve been my pride and joy, and now I find you’re a hypocrite and a liar, and worse, worse than that’a criminal! The whole thing is an abyss of ugliness! You ought to Level Agreement Template., be ashamed.’ Simone de Beauvoir says that if the woman seems to 12 Best Thank Yous Images, be the inessential which never becomes the essential, it is because she herself fails to bring about the change. But here we tell De Beauvoir that Nora is willing to bring about the change. Information On Being A Mortician - Woman. The harsh reality smacks her in the face; a wave of disillusionment wakes her up. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom English Literature essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you.

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