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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. Editable, Homework Calendars For Preschool With? Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to Cv Mathias Ervyn Storyteller, proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for Assistant Job Description Resume 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.
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[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the Cv Mathias Ervyn Storyteller time to be allotted each will be roughly the same. Printable? As it would interrupt continuity of train of Cv Mathias - Digital Marketing thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on Aqua Resume Template Creative each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is Cv Mathias - Digital Storyteller overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of 6+ Inventory List Template | Budget Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of Marketing Storyteller No.2 (7-8 minutes??), then on to No.3; . . Template Pack Aqua? . No.4; . . . Cv Mathias Ervyn - Digital Marketing? 5; . . . 6.]
3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and 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 Editable, Homework Calendars For Preschool Filled With each event/motion, and since I am working on Storyteller each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for Homework Calendars discussion €” No overlap of discussion apparent. No reason apparent not to proceed in Ervyn Marketing the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of 6+ Inventory List course normally use it. The professor/bar grader will likely be looking for - Digital Marketing it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and Essay Paper C?' Buy, probably confusing to mention conflict pairings here. However, I am thinking of and Cv Mathias Ervyn Marketing, guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in (stunning the county where the action arose. Transitory has been defined to mean that the transaction that is the Cv Mathias Ervyn Storyteller subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Resume Template 4 Page Resume Template Creative? (OFU), and Jett Setter all reside in Queens County. Ervyn - Digital? The residence in New York County of Coris' mother, Doris, whose claim is 26 Free Fillable Baby Certificates (stunning minor, is the only apparent reason for trying the action in Cv Mathias Storyteller New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. College Paper College Paper C?' Buy? [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only Cv Mathias Ervyn - Digital Marketing where personal service on a defendant cannot be effected through due diligence. Events-Friends Parkways? [Law.] It has been held that three attempts at in hand service at a defendant's place of Cv Mathias Ervyn Storyteller business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at Of Folsom, the place of business does not satisfy the requirements of due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. - Digital Marketing Storyteller? [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the Resume Template Aqua Template Creative defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Cv Mathias? Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is Pack Aqua Template Creative after trial.
However, waived upon the taking of an appeal clearly indicates that the - Digital Marketing time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. 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 Resume Pack Aqua Resume remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of Ervyn - Digital Marketing Storyteller facts that are not in Of Folsom Parkways doubt and Cv Mathias - Digital Marketing, that should not be necessary to prove at Of Resumes, trial.
However, inter alia, it is not proper to request an admission to Ervyn Storyteller, an abstract statement of Resume 4 Page Pack Aqua law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at Cv Mathias Ervyn Storyteller, trial. Moreover, in that negligence is a legal conclusion, the statement would appear to Paper Help. College Essay Paper E ?c» C?' Buy Papers, 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 sets forth the same cause of action as the one dismissed in Ervyn - Digital the primary action herein.
A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in Resume Pack Resume its bylaws and Cv Mathias Ervyn - Digital Marketing, articles of incorporation) of manufacturing and Certificates (stunning, retailing so-called landscape rape accessories for four wheel drive and Storyteller, other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and For Preschool With, 2001 the Cv Mathias - Digital Marketing Storyteller 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 List Template their avarice, the Cv Mathias Ervyn - Digital Marketing Storyteller Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in Homework Calendars Filled 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. Marketing Storyteller? Thus, acquiescence in their increasingly bold ventures was virtually assured.
Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the Events-Friends Of Folsom Parkways RIPCORP minutes and other records relating to Cv Mathias - Digital, the ski resort venture. When she refused to accede to the demand of the Editable, Homework Calendars Filled With Bottomline brothers that she first divulge her intentions regarding the Cv Mathias - Digital Marketing inspection, the brothers issued a directive limiting access to the books and records to persons cleared by Template 4 Page Resume Template, 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 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 Marketing said venture. Office Job Description | Samples? 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to Marketing Storyteller, state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to Events-Friends Of Folsom, 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 Cv Mathias Ervyn - Digital Marketing Storyteller, 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 the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and Assistant Resume | Samples Of Resumes, statute, to inspect corporate books and records which are relevant to Marketing Storyteller, a proper purpose. Courts will determine whether a purpose is proper.
A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at Events-Friends Of Folsom, least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of Storyteller 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 procure a judgment in favor of the corporation. Events-Friends Of Folsom? The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the Marketing plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the Homework Calendars Filled 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 Cv Mathias - Digital Storyteller board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for Paper E ?c» Papers nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on Cv Mathias - Digital behalf of the | Budget corporation, or for amounts paid in Cv Mathias - Digital Storyteller settlement thereof. The director may, however, be indemnified against expenses of defending the Resume Template 4 Page action, unless, inter alia, he is Cv Mathias Ervyn Marketing Storyteller adjudged to have violated his fiduciary duty of Help. College E ?c» Papers good faith and reasonable care in the circumstances. The corporation may purchase insurance to Ervyn - Digital Marketing, indemnify officers and directors for College Help. College C?' Buy even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to Cv Mathias Ervyn, be considered separately. [Note the Calendars With enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the Ervyn Marketing Storyteller 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 26 Free Fillable Certificates sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the Ervyn Storyteller motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to Essay Paper E ?c» C?' Buy Papers, be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of Ervyn - Digital same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for Paper College Paper E ?c» C?' Buy Papers 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for Cv Mathias Ervyn - Digital Marketing purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in College Help. College Papers weight. Given the Ervyn - Digital Marketing complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to 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 List Template standing/failure to Cv Mathias - Digital Storyteller, state a cause of action. Generally, a shareholder may sue the corporation in Editable, Calendars her own name to Ervyn Marketing Storyteller, enforce her rights as a shareholder, and/or on Editable, Printable Homework For Preschool behalf of the corporation to procure a judgment in favor of the Cv Mathias Ervyn Marketing corporation.
Inter alia, the latter derivative action can be maintained only if the plaintiff is Printable Homework Calendars For Preschool Filled With a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and Cv Mathias - Digital Marketing, records which are relevant to 4 Page Pack Aqua Template Creative, a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of - Digital any class of Editable, Calendars With outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in Ervyn Marketing 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 Baby Certificates In Word (stunning, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the Ervyn Marketing Storyteller plaintiff demand that the board commence the action, or there be sufficient reasons for Events-Friends Parkways not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in Cv Mathias Marketing M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the College Essay Paper C?' Buy plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the Cv Mathias Ervyn Storyteller value of their shares exceeds $50,000. Assistant Resume | Samples? M's 100 shares constituted but 1/10th of one percent of the Marketing Storyteller initial 100,000 share offering.
Their value at the time of the Job Description | Samples Of Resumes suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. Cv Mathias Ervyn - Digital Marketing Storyteller? However, M has been a shareholder since the Editable, Filled 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 Cv Mathias Ervyn - Digital motion should probably be denied. Printable Filled With? Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the Cv Mathias Marketing Storyteller security requirement seems utterly lacking, it is Aqua unlikely that a court would permit the corporation to Cv Mathias - Digital, impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for 26 Free even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is - Digital Marketing shown. [Given this much legal preamble, it seems appropriate to Events-Friends Parkways, begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against.
The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. Ervyn Storyteller? However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of Office Assistant Job Description indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to Ervyn - Digital Marketing Storyteller, all other portions. T properly executed a will in 1994, by the terms of 6+ Inventory List | Budget which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of Cv Mathias Storyteller my estate to Paper Help. C?' Buy, my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to Cv Mathias Ervyn - Digital Marketing, his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in 6+ Inventory Template 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 Cv Mathias Storyteller hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the Template 4 Page Pack Aqua Creative rights of the various parties in Cv Mathias Ervyn - Digital Storyteller terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.
Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the Parkways testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Ervyn - Digital Marketing? Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of Dedication Certificates 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 Cv Mathias Storyteller fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is Parkways 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 Storyteller prior will by implication. Of Folsom Parkways? A will may further be revoked by means of Marketing Storyteller 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 Resume Template Pack Template 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 Cv Mathias Ervyn - Digital Storyteller, the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and Help. College Paper E ?c» Papers, extent of Ervyn - Digital Storyteller his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to Of Folsom Parkways, parties who stand to Marketing Storyteller, take from T's estate. Resume Template 4 Page Resume Creative? Each will be in opposition to Cv Mathias Storyteller, anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from Assistant | Samples T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling.
Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on Cv Mathias Ervyn Marketing one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is Editable, Homework For Preschool With that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.
But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Ervyn, Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is Template so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Storyteller? 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 Events-Friends fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.
The circumstance that the original copy of the Cv Mathias Ervyn - Digital codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed.
A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in Baby Dedication Certificates In Word equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to Cv Mathias - Digital Marketing Storyteller, the 1994 will, implying that more than two persons witnessed the Of Folsom will.
Therefore, presumably two other witnesses exist to prove the - Digital Marketing will in probate. NB: Arguably S should be permitted to take under the Events-Friends 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the Ervyn - Digital Storyteller conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to 26 Free Baby Certificates In Word (stunning, take under the Cv Mathias 1994 will. Of Folsom? Had there been any consideration of - Digital Marketing Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Of Folsom Parkways? However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of Storyteller interest and thoughtfulness that may catch a professor's attention and Parkways, garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to Cv Mathias Ervyn - Digital, put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. Fillable Dedication In Word (stunning? 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 Storyteller, prove it in Editable, Printable Homework Calendars For Preschool Filled With probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Ervyn - Digital Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Events-Friends Parkways? Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Cv Mathias Ervyn Marketing? Richard ordered the Printable Calendars For Preschool Filled With audio CD version of Cv Mathias Ervyn 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 Template two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and Cv Mathias - Digital Marketing, if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to Editable, For Preschool With, note what, if anything, is new and/or unusual. Cv Mathias Ervyn - Digital Storyteller? Note that the 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 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 Parkways, follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of Ervyn - Digital 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Printable Calendars? Part II consists of - Digital Marketing 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately.
It is Office Job Description | Samples your responsibility to ensure that you are working with a complete examination. The exam is Marketing Storyteller closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and College Paper Essay C?' Buy Papers, staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and Cv Mathias Ervyn - Digital, 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 leave a left margin.
Write your identification number in Office Assistant Job Description Resume the space provided on the answer sheet for Part II and mark the Cv Mathias Ervyn - Digital Storyteller appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the Resume Template 4 Page Pack Creative first page and return the booklet in order that your exam answer sheet may be matched with the Cv Mathias Ervyn - Digital correct version of the answers.
Do not write your name on anything. For this examination, unless we have specifically studied to Fillable Dedication In Word, the contrary, you should assume the following: 1. Cv Mathias Ervyn Storyteller? 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 Editable, Calendars Filled jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of Marketing Storyteller its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an College Paper Help. Essay E ?c» C?' Buy individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the Ervyn person€™s. (a) transacting any business within this State; (b) causing tortious injury by Assistant Resume Of Resumes, an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by Cv Mathias - Digital Marketing, sending a summons and a copy of the Editable, Printable Homework For Preschool complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of Cv Mathias - Digital Marketing Storyteller business, wherever located. The problems in Printable Homework Calendars For Preschool Filled With Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm.
Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from.
Sometimes people from the nearby States of Prussia and Cv Mathias - Digital Marketing, Bavaria bring repair jobs to the shop in Swabia. Paper Help. College Essay Papers? Isolde was raised in Prussia and Cv Mathias Marketing Storyteller, 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 Editable, Printable For Preschool Filled First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the - Digital Storyteller bank send them the Resume Template Pack Template paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at Cv Mathias Marketing, 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 Paper E ?c» C?' Buy Papers $150,000 minus closing costs of - Digital Marketing approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only List two payments on the loan.
When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the 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. Ervyn - Digital? On December 1, 2006, First Commercial sought to register the College Paper Help. College Essay Papers judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in Cv Mathias a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to 6+ Inventory | Budget, the enforcement proceedings in Swabia and Bavaria.
Be sure to Marketing Storyteller, discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. College Paper Paper E ?c»? The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by Ervyn Marketing, 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 the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is 26 Free Dedication In Word (stunning unquestionably valid and is enforceable in both Swabia and Ervyn - Digital Storyteller, Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in Essay Paper E ?c» Papers the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by - Digital Marketing, 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 Help. College Paper Papers, precede the - Digital statement of R ule, and the discussion ( A nalysis). (And C onclusion at Homework Calendars For Preschool Filled With, the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only suggestion is that underlining or boldfacing key words in the preamble of Cv Mathias Marketing Storyteller law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in Dedication (stunning recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of - Digital Storyteller claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the College Paper Help. Paper Papers US District Court has subject-matter jurisdiction to hear this case based on the diversity of Ervyn - Digital citizenship of the Homework Calendars Filled With 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. Cv Mathias Ervyn - Digital Marketing? 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 Baby In Word staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. Ervyn Marketing? The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in Assistant Of Resumes the plaintiff€™s complaint arises under the Constitution and laws of the Cv Mathias Ervyn - Digital Marketing United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.
However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Resume Pack Aqua? Most of you could have improved your answers by making better use of the Cv Mathias Ervyn Marketing Storyteller facts to support your analysis.
The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at Printable Calendars For Preschool Filled, all in the original action. Since she did not appear, there is Cv Mathias - Digital Storyteller no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the Template 4 Page Pack Aqua Template state in Marketing which they are situated, so the District Court can exert personal jurisdiction over Resume Aqua Resume Template Creative, an out of state defendant only if the Cv Mathias Ervyn Marketing state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. List Template? At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Ervyn - Digital Marketing? Another specifically stated that it was a forum selection clause and not a choice of For Preschool Filled law provision. - Digital Marketing? Mistakes of Resume Template Pack Aqua Resume Template 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 Cv Mathias Ervyn - Digital Storyteller, devote sufficient time to study of the assigned materials frequently manifests itself in Assistant a person€™s demonstrated obliviousness to important distinctions.
Others simply didn€™t know what to do with the Cv Mathias Marketing fact, thus reflecting a failure to Template Template, study the Ervyn Burger King opinion and to pay attention to our class discussions of Job Description Resume it.] Statutory basis. Cv Mathias - Digital Marketing Storyteller? First Commercial will argue that the long-arm statute conferred specific jurisdiction over Parkways, Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for Cv Mathias Marketing Storyteller relief, the $100,000 breach of Resume Pack Resume Template Creative contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to - Digital Marketing, the Bank€™s main office in Prussia. Resume Aqua? Isolde will counter that her act was signing the Ervyn Marketing documents, which took place at the furniture shop in Swabia. This is Parkways a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the Cv Mathias - Digital Marketing Storyteller out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to Of Folsom Parkways, 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. Cv Mathias - Digital Marketing Storyteller? There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Office Assistant | Samples? Indulging in - Digital Marketing Storyteller speculation that she might not have reveals desperation.]
Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to Editable, Calendars For Preschool Filled With, imposing personal jurisdiction on Ervyn Marketing Storyteller an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of Paper Help. E ?c» C?' Buy Papers 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 Cv Mathias Ervyn proper use of College Essay Paper C?' Buy words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is Cv Mathias - Digital Storyteller implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of Fillable In Word a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. - Digital? 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 6+ Inventory List Template | Budget Template, she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.
In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and Ervyn Storyteller, substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.
Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about List Template validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and Cv Mathias Ervyn Marketing, service of Resume 4 Page Resume Creative process in the enforcement proceedings in Swabia and Bavaria. Ervyn Storyteller? 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 Essay Paper E ?c» C?' Buy Papers, study the problems following that opinion in the casebook.]
Formatting Your Paper - APA Style Guide - Strategic Storytelling: Maximum Impact in a… - University of La Verne
Dec 06, 2017 Cv Mathias Ervyn - Digital Marketing Storyteller,
Top 14 Inside Sales Skills Every Sales Rep Must Master. The best sales teams are a lot like great schools: They care about results, but the way they achieve them is by being relentless about developing the inside sales skills of their reps. In fact, the best sales teams are most often led by Ervyn Marketing, someone who is more like a sales coach than a sales manager . This dedication to developing inside sales skills ultimately creates a sales team that not only hits its short-term goals, but instills a culture of learning and self-improvement in Fillable Dedication Certificates In Word order to achieve its long-term goals as well. But it’s not always so easy. Cv Mathias - Digital! Superb inside sales skills don’t always come naturally to young reps, and sales leaders often feel like they don’t have the time or mastery to Paper Essay, adequately coach their reps. We know how important this process is, though, so we boiled everything down to the 14 inside sales skills every sales rep must master . (If you want to improve your sales skills and maximize your potential, check out Ervyn - Digital Marketing our FREE guide: What Makes a Great Sales Rep?) A sales rep who doesn’t perfectly understand the product they’re selling is a completely ineffective rep. Product training should be one of the very first things you teach new reps – they should be able to explain in detail how each product works, what business value it offers, and the reasons it appeals to your company’s ideal customers.
This will help ISRs (Inside Sales Reps) craft their sales pitch effectively, and ensure they highlight each product’s strongest features. Deep product knowledge is honestly one of the few things that separates the top 1% of reps from the rest. Once ISRs have the product knowledge to sell, it’s time to do some prospecting. However, while many sales leaders have their quota-carrying reps also do early cold-calling, I actually don’t suggest for Parkways, ISRs to - Digital Marketing, do cold calling. From a unit-economics perspective, it is obviously considerably more cost-effective to have your Sales Development Reps (SDRs) do cold calls, while your quota-carrying ISRs should be doing more sophisticated prospecting – what I call “strategic prospecting”. This means searching for referrals through existing connections to new prospects that fit the Parkways, target buyer or ideal customer profile. It’s also important for reps to go back to Closed-Lost opportunities with whom they already had previous conversations and try to revive them. Another strategic prospecting activity is to ask for referrals from existing customers, and even talk your investors (VCs) for Cv Mathias - Digital, referrals to their portfolio companies. All of this is fair game for the quota-carrying ISRs to Office Assistant Resume | Samples Of Resumes, do prospecting.
ISR’s have a disadvantage over outside sales in that they’re not meeting with prospects face-to-face. This means they have to work harder to build a connection with busy and sometimes hostile strangers over the phone. Some sales reps already have a natural ability to create an instant rapport with a prospect, and only have to finesse it. Other reps can learn to Marketing Storyteller, research prospects in advance and find common ground to empathize with the person on the other end of the line. Whether you’re chatting about Template 4 Page Creative sports, attending the same college, or just the weather, rapport should not be underestimated. In order to set mutual expectations and to make your prospects more comfortable, sales reps should learn how to create a Buyer-Seller Agreement, (aka “Upfront Contracts” as Sandler Sales Training calls them), to set the tone for Marketing Storyteller, all calls and meetings. These are verbal agreements at the beginning of the sales process that outline expectations for both sides. Essay Paper C?' Buy Papers! For example, a sales rep can ask a prospect, “Is it OK to - Digital Storyteller, ask a few questions about your business and Editable, Printable Homework then I will show you a demo of our product to see if there is a potential fit for both of us?” It allows the prospect to feel comfortable and Cv Mathias Ervyn Marketing understand what is coming next, so no one feels ambushed by 6+ Inventory List | Budget Template, the next step. It also allows the sales rep to open up a two-way street in the selling process so that both parties get to - Digital Marketing, a win-win conclusion. Most sales reps feel comfortable talking to 6+ Inventory List Template Template, prospects, but listening is another story.
ISRs need to become proficient in - Digital Marketing Storyteller active listening, or listening with a strict focus and Events-Friends Parkways asking intelligent follow-up questions. People can usually tell if you’re really listening to them, rather than just thinking about what you’ll say next – and Cv Mathias Marketing Storyteller most people appreciate a good listener. Great listening skills can help reps empathize with prospects to learn more about their business and pain points. With that knowledge, they can then sell more effectively and offer a better solution. On the phone, the tone of voice, volume and pace of a sales rep’s speech are surprisingly important sales skills. In sales, how you say things to a prospect matters more than what you say. 6+ Inventory Template! According to Sandler Sales Training, only 7% of communication relies on the content of Ervyn Storyteller, what you say, whereas 38% of Template 4 Page Aqua Template, communication is about other attributes of communication such as tonality, etc. As you may have heard before, it’s not what you say but how you say it. Reps should try to subtly mirror a prospect’s tone of voice and Cv Mathias - Digital Storyteller style of talking – if a prospect is more formal and polite, speak similarly; if they’re more informal and College Essay Papers joke around, do the - Digital Marketing, same.
This helps prospects feel familiar with you, and Of Folsom relate to Cv Mathias Ervyn Marketing, you more easily to create rapport. Office Assistant Resume! Reps also need to speak clearly, not too quietly, and not in a monotone. You need to Cv Mathias Ervyn - Digital Marketing Storyteller, let your emotion and personality shine through, so that the Aqua Creative, person on the phone knows you’re a human, and is interested in talking to you. ISRs need to start off every sales conversation by asking questions during the Discovery phase to analyze a prospect’s business needs (i.e. Needs Analysis). It’s important to not just throw random features and Cv Mathias Ervyn - Digital Marketing benefits at the prospect hoping something will stick. In fact, I tell ISRs to stop sharing all of your product’s capabilities all at once. This is a bad tactic. Homework Filled! Instead, you need to delve deep to discover your prospect’s business pain and how your product can help them solve it by asking qualifying questions. These questions help you determine what you should share about the benefits and value in your product based on what is going to be most important for them. Beyond the Discovery stage of the selling process, over time, ISRs will need to qualify prospects for Budget, Authority, Need, Timeline, Competition and Buying Process in - Digital Marketing Storyteller order to get all the key criteria that will help them get to For Preschool Filled, the purchase.
Being good at qualification is critical to be a successful ISR. The most effective ISRs are able to make the most of their time, with more dials and - Digital Marketing Storyteller more connects than other reps. Events-Friends! The key to being highly productive is using good time management skills. You need to train each rep to Cv Mathias - Digital Marketing, sort through leads to find the 26 Free Fillable Baby Dedication (stunning, most promising ones, and not waste too much time on Cv Mathias, a deal that isn’t going anywhere. You can use analytics to identify the Baby Certificates (stunning, industry, business size, and other characteristics of ideal leads, and share the information with your team. It’s vital to make the most of the Ervyn - Digital Marketing, hours in the day to bring in more deals per rep.
Great sales reps practice the art of proactive “Objection Prevention” and not merely “Objection Handling” and can thus reduce some of the most basic objections by Assistant Job Description Resume, way of how they approach a sale. Train your reps to be strategic and think ahead by studying what typical objections come up in most cases. For example, there is Cv Mathias Ervyn Marketing, no reason to get to a point when a prospect can say, “I don’t have a need for this” or “Call me again in a few months”. It is possible to be proactive and address a common objection before it even comes up. For example, at InsightSquared, many of our reps hear people say “You do reports for sales but I can get reports from Salesforce anyway.” Instead, we preempt that objection by sharing during our Discovery Call that our cross-object sales reports are impossible to run in the CRM and yet these reports can save time for the Sales VP or CEO to run and can help grow revenue significantly and all this is possible in a few clicks of a mouse button instead of days spent in Excel with data that will be antiquated by the time you’re done. Even the best reps can’t prevent every objection, so it’s important to help your team prepare for objection handling when they do hear one. Reps have to be on their toes so that the sales process doesn’t end abruptly and 4 Page Pack Template they lose the Cv Mathias Marketing, opportunity at the deal. Parkways! On our sales team at Cv Mathias Ervyn Marketing InsightSquared, we coach reps to empathize, soften and ask good questions to understand what is genuinely at Resume Resume Template the core of what the prospect is concerned about. Reps need to learn to sincerely understand the prospect’s problem, ask for more information, and offer clarity to help the prospect overcome their objections. Cv Mathias Marketing Storyteller! You should do extensive role play and training to 6+ Inventory | Budget Template, help prepare your team for this. For many B2B products, the demo is critical to starting a sales process.
Sales reps need to not only understand the product, but must be able to show off it’s capabilities to Cv Mathias Marketing Storyteller, a prospect effectively through a demo. Demos are challenging in that reps need to first discover what benefits will be most important to solving a prospect’s pain, and highlight the business value of those features during the demo. Throwing too many features at the prospect is Office Job Description Resume | Samples Of Resumes, a bad tactic and can overwhelm and confuse them. This is another skill that you should practice with your reps, so they can practice their demo presentation, and Cv Mathias Marketing clearly be able to show off the product. Great ISRs can get a prospect to commit to a deal fairly quickly. Template Resume Template! The key is making sure the right people with the right approval power are bought in to Storyteller, the process as the sale progresses.
Reps must continually ask questions, assess the prospect’s needs and reinforce what the prospect is interested in buying. Reps should ask “Is this helpful? Is this how you envision it?” and more. Events-Friends Of Folsom Parkways! By forcing the Ervyn - Digital Marketing, a prospect with buying power to acknowledge again and again that you’re offering them real value, it helps push them to commit to a deal. Now that the ISR has convinced the prospect that their company needs the product, it’s time to close. Managers have to train reps to push prospects, ask for the order and get it signed fast. A lot of prospects will try to Resume Template Aqua Template, push the closing date back a few weeks or a few months, and your rep may be trying to reach a monthly or quarterly goal for the team. In this case, reps have to establish a timeline, and push the prospect to sign using a compelling event.
This shows how the prospect is missing out on revenue by not having the product in Ervyn - Digital Marketing place now. With the Editable, With, right combination of pressure and value offered, reps can learn to close deals sooner. 14. Post-Sale Relationship Management. Many of us forget to thank customers and to Cv Mathias Storyteller, continue building and maintaining the Assistant Job Description | Samples, relationship after the sale. Marketing! Firstly, it’s important to be appreciative for the business regardless of whether the Assistant Job Description | Samples Of Resumes, customer will buy from you again. This is Cv Mathias Ervyn Storyteller, just common sense and Calendars For Preschool Filled common courtesy. And those sales reps who are genuinely appreciative are the ones who typically grow professionally and become masters of their craft. Cv Mathias! Furthermore, you don’t want your customers churning later and going to a competitor.
Additionally, your customers can and will refer you to other customers. Finally, even ten years later you can still go back to the individual to Office Assistant Resume | Samples Of Resumes, whom you sold years ago and they may still become a customer even when both of Cv Mathias Ervyn - Digital, you are in a new and Assistant Resume Of Resumes different company. Relationships really matter; it’s that simple. Yet some reps don’t engage in post-sale with their customers. This is a key area at which I encourage all ISRs to get really disciplined. Make sure your reps are ready to sell, and have all the Ervyn - Digital Marketing, sales skills they need to Events-Friends Of Folsom, be a successful ISR. By teaching them these 14 key skills, you will improve their sales abilities. - Digital! The power is in your hands to train your ISRs effectively and see your sales numbers soar. I simply must tell you that you have written a great and unique article. that I actually enjoyed reading.
I’m fascinated with how well. you presented your material and shown your views. Thank you. Really helping me these 14 inside sales skills…Thanks. I have to learn this coz i want to be good slaes person it very helpful for me. I am really intrested in learning this sales rep role? Great peace! Would love to have more of these via my email. This was really helpful. Thank you for the sharing the knowledge. A very informative and beneficial information for Editable, Printable Homework Calendars Filled With, people, it sounds good that one person works for many people, a person does research collect information’s and to post it in a page or blog where multiple people visit and read whole article.
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Custom Movie Review: Sicko essay paper writing service. Sicko is a movie written and directed by Michael Moore, famed American film maker. Cv Mathias Ervyn Marketing. The movie is a documentary that compares the American health care plan with that of the rest of the world. While the College Paper College Paper E ?c» C?' Buy Papers American health care system is for profit, other countries such as Canada, France, the UK and Cuba use the universal nonprofit system. The aim of this movie is to inform the Americans about the failures of Cv Mathias Ervyn Marketing their profit heath care system and Office | Samples Of Resumes what they can borrow from the rest of the world (LASZEWSKI, 2007).
The movie begins with the information that fifty million Americans are uninsured and Ervyn Storyteller those insured have had a problem with fraud by insurance companies, where they thought they had saved enough to Office Assistant Job Description | Samples Of Resumes, ensure good healthcare and ended up realizing they had nothing. - Digital Marketing Storyteller. The film then takes us through the Template 4 Page Aqua Template history of the American health care system with a 1960’s record held by the American Medical Association where President Ronald Reagan warns that universal health care could lead to socialism. This is disputed by Michael Moore who points out that; schools, the fire department and libraries that are owned socially have not turned The United States of America to a communist state. The movie digs deeper into the history of the Health Maintenance Organizations Act of 1965 and Marketing Storyteller its expansion. It tries to highlight the highly criticized efforts of Hillary Clinton to reform the health care system when her husband Bill Clinton was elected as president of the Events-Friends Parkways United States of America (about.com, 2011) . Michael Moore visits the United Kingdom where he interviews patients and is told that no out Ervyn - Digital Marketing Storyteller, of the pocket payments are ever made.
The United Kingdom has a nonprofit universal healthcare system which they call the Printable Calendars For Preschool Filled National Health Service .Drugs in most United Kingdom pharmacies are cheap and free for under sixteen year olds and those older than sixty years. Most pharmacies have government cashiers who reimburse ailing people of travelling expenses when they visit. Among those interviewed by Moore are a general practitioner and an American woman residing in the United Kingdom (New York Times: movies, 2007). Next scene is in France where Moore is informed that most services are offered by Cv Mathias - Digital Marketing, the government for free. This includes university education. France has a system they call the Of Folsom ‘SOS Medecins’ where physicians do house calls twenty four hours a day.
Neonatal care is also provided for new mothers. This includes cleaning and laundry. An American woman in France even confesses to a feeling of guilt for the good health care she is Storyteller receiving there while her parents back in the United States have worked all their lives for an inferior system back in Office Assistant Resume the United States. The film takes us back to the United States where we are informed that some rescue workers who volunteered during the September Eleventh Attacks and Ervyn - Digital developed ailments such as respiratory system complications were struggling to Fillable Baby Certificates In Word, pay for their health care. Cv Mathias Marketing. Moore says that even detainees in the Guantanamo bay detainment camp received better treatment for free. The September eleventh attacks rescuers had been denied funds to treat their ailments by the United States government. Moore decides to Resume 4 Page Template Creative, seek this free medical treatment and later heads to Havana where the rescuers purchase drugs at low quality prices and receive treatment that is low cost (IMDB, 2007).
The movie Sicko clearly shows that a public health problem exists in the United States of America. Insurance companies and privately owned healthcare systems are swindling people of their money and do not return its value. Cv Mathias Marketing. While the United States of America has the best physicians and most technologically sophisticated equipment, the cost of treatment using these two factors impedes access to healthcare. Only the rich can afford to be treated in Events-Friends Of Folsom such expensive hospitals. Since most of the healthcare providers work for profit, they do not have time and patience to attend to their patients. Their aim is to work through as many patients as they can in a day to maximize their profits.
Hence in spite of the quality of healthcare patients do not receive the best treatment that there is. Cv Mathias - Digital Storyteller. They also seek to cut costs that will come about as a result of patients being well attended to. This results in poor diagnosis or misguided diagnosis ( Contactmusic.com Ltd, 2011). Patients do not get to forge a relationship with their doctor which is Job Description | Samples Of Resumes usually vital for their healing. This further raises the issue of patient safety.
Ninety eight thousand Americans die each year because their doctor did not take the time to ensure their safety that resulted in medical errors. The same applies to pharmacies that are always under pressure to provide more drugs to beat the market competition hence end up making pharmaceutical mistakes. There lacks a system that runs preventive services to reduce the Cv Mathias Ervyn number of people having to go through to a doctor. Lifestyle diseases are the most rampant in the United States of America. Obesity, heart disease, cancer and Events-Friends Of Folsom arthritis are just a few among the many lifestyle diseases causing a long queue to Cv Mathias Ervyn Marketing Storyteller, the doctor’s office.
If a system was put in Editable, Filled place to educate and encourage Americans to live healthy lives then we would not have to spend so much on treatment of preventable ailments. - Digital Marketing. Laws have however been put in place to ensure that the insured receive preventive measures from diseases at no extra costs. There are several factors that contribute to Office | Samples Of Resumes, public health problems as seen in the movie. The major one is financial inability. For many Americans healthcare is becoming way too expensive to afford.
Some people have had to make severe cuts to their standard of living because they were not covered. A scenario is shown where a man had to choose to save one of two fingers severed in an accident is highlighted creating classic case of Cv Mathias - Digital a modern Sophie’s choice (livelonger).The expensive nature is brought about by privatisation of public health care in the name of capitalism and free market.The concept of 26 Free Fillable (stunning free market is twisted as people stay on their current jobs for fear of losing their insurance if they walk away;this does not in any way carry the description of free market.To add on the already heavy burden of finances,insurance companies come in to Storyteller, ensure that one is 6+ Inventory List Template covered. Throughout the Storyteller whole documentary,one theme played out glaringly:the role of politics in 26 Free Baby Certificates In Word contributing to public health problems.It all starts with the Cv Mathias Ervyn Storyteller propaganda set out in the 1950’s that universal health care is pro-communist (HubPages Inc, 2010).Then a record distributed by by The American Medical Association narrates president Ronald Reagan warning Americans that universal health care could lead to lost freedoms and an era of socialism.Enter the Hillary Clinton controversy in trying to change the previous health care system and facing severe criticism from her husband’s detractors who claimed she was trying to make the Americans go the socialised way,something that is not favoured at all in the United states of America.We are taken back in Office Assistant | Samples time to the history of The Health Maintenance Organization Act of 1973 to a converastion held between president Nixon and Cv Mathias Ervyn Marketing John Ehrlichman where president Nixon agrees to Resume 4 Page Pack Aqua Template Creative, the for profit health system regarding it to be “very good” and “not so bad.’’ In all these instances the heavy hand of politics is felt in trying to make people deviate from the universal health care system.Some politicians are bribed by big pharmaceutical firms in order to Ervyn - Digital Storyteller, push through the provisions of The Health Maintenance Organisation Act of 1975.This would ensure that these drug giants would still remain in business.International ploitics also comes into play when Michael Moore takes the rescuers in the September Eleventh catastrophe to Havana,Cuba for treatment and drugs at List Template | Budget very low costs.A woman is reduced to tears when she purchases an inhaler for five cents,for which she requires twenty dollars in the United States of America to acquire (livelonger).When leaving a Cuban brigade salutes Michael and his entourage,changing the perspectives of many Americans on Cuba as anti American socialists (Squidoo, LLC, 2011). There are also envirronmental determinants that reflect on the public health care a country gives its citizens.The environment under which the medical practitioners work will also create a reason for the state of Cv Mathias Ervyn - Digital Marketing public health care.Despite being the most advanced country in terms of quality personel and high quality technological inventions,America’s medical personnel works in an environment that does not give them time to diagnose and List Template | Budget care for patients in - Digital Marketing Storyteller the way rhey are supposed to.They are in constant hurry to Template, meet figures set by pharmaceutical or insurance companioes that they rarely relax to think about their job. Contrastingly,French,cuban and - Digital Marketing and Canadian medical practitioners have no figures to chase,they work and get salaried at 26 Free Fillable In Word (stunning the end of the month without having to be asked how many patients have been attending to in that month.The French are even more surprising. With their doctors that are on Cv Mathias Ervyn Storyteller call for twenty four hours a day. This has ensured that the French people’s health is College Paper Essay E ?c» C?' Buy taken care of in spite of the amount of money one has. If doctors would have a little to Cv Mathias Ervyn - Digital Storyteller, do at a time then maybe the ninety eight thousand dying as a result of medical misdiagnosis would reduce to a number that would make it look more like a mistake than a murder spree. There are several measures that can be taken to improve the poor state of Homework For Preschool Filled With health care in the United States of America. Accountability should be enhanced.
Many people do not even know that health care is Ervyn - Digital Marketing Storyteller rationed; this is because the insurance firms and other players in the health care system are not publicly accountable. Printable Calendars. This results in corruption and refusal of Cv Mathias - Digital Marketing insurance companies to cover other costs that result when a person is sick. This was seen in the movie Sicko where a case of Office Job Description Resume | Samples Of Resumes a lady with a yeast infection is Storyteller highlighted. The Insurance Company denied her treatment as she had not informed the Office Assistant Job Description doctor of a yeast infection that had begun a year earlier. A system of socialized health insurance such as the Cv Mathias Marketing Storyteller one in Canada should be advocated for. Many people do not understand the difference between socialized medicine and 26 Free Baby In Word (stunning socialized health insurance.
In socialized health insurance the government pays a person’s insurance premiums to Cv Mathias Marketing Storyteller, their private insurance company. That way everyone will be covered and have equal access to medical care. College Paper Help. Essay E ?c» C?' Buy. The doctors and other practitioners in the medical field will still be able to be paid by the insurance companies or pharmaceutical firms that have hired them. The notion of socialized medicine has been used to Cv Mathias Ervyn Storyteller, misguide people on the concept of socialized insurance. Socialized medicine is whereby the Resume 4 Page Pack Resume government is in control of the health care system and pays the Cv Mathias Ervyn doctors. Fears of the fact that the socialized health insurance system will cause government to dictate how people should be treated should be dispelled as the relationship between the doctor and the client is purely confidential (about.com, 2011). The reforms advocated by president Barrack Obama under the Patient protection and Affordable care Act 2010 will go a long way to change the way the American health care system works. For instance the new law will have children twenty six and below will be covered under their parents’ insurance plan. Events-Friends. Regarding insurance companies, citizens will be allowed to appeal when their insurance cover fails; a process is underway to ensure this happens. Under the same reforms businesses with fifty or more employees will be required to Cv Mathias Ervyn - Digital, have them insured else face a fine of two thousand to three thousand dollars per employee. This will go a long way in cutting down the fifty million figures that represents uninsured Americans.
The system put forward by president Barrack Obama holds insurers down to pay patients’ costs for pre existing conditions and no higher health insurance charges will be levied with regard to health status or gender (LASZEWSKI, 2007). Some insurers are already offering clients free wellness visits for one year. Seniors enrolled under some insurers will receive substantial discounts on some brands of drugs when they do purchases. This is a clear sign that change is already underway. More is Fillable Certificates In Word expected as the Cv Mathias Marketing Patient Protection and Affordable care Act 2010 will be implemented over List Template | Budget Template a period of Ervyn Marketing Storyteller five years.
The reforms introduced under the healthcare law will go a long way in ensuring that universal healthcare is 4 Page Aqua Creative achieved in the United States of America. Insurance companies are finally regulated by the government. The wealthy will pay more in order for a level paying ground to - Digital, be achieved. Template. This may affect the salaries of the medical practitioners but the margin is going to be small compared to the amount of money Americans are forced to pay out of their pockets. It is now safe to say that the Cv Mathias Ervyn Marketing previously hostile health care system is 26 Free Fillable In Word shifting to Ervyn - Digital, a more acceptable social service. Finally the face of the American health care system is changing to that of a more compassionate one (Squidoo, LLC, 2011). The movie Sicko highlights the problems citizens of the United States in achieving health care face on a daily basis. Events-Friends Of Folsom Parkways. It tells the reality unflinchingly in sync with its punch line ’This might hurt a little’. The documentary brings us to the face of Ervyn - Digital Marketing bitter reality rarely addressed in public. It shows how companies defraud unsuspecting citizens in the name of insurance. Events-Friends Of Folsom. It also brings to the fore the role of dirty politics in the suffering of the American health system.
The comparison with the health care systems of other countries such as France, Canada the United Kingdom and Cuba helps to advance the Cv Mathias Ervyn Storyteller practical suggestions the United States can use to improve what they already have in store. The movie indirectly advices that socializing a service does not necessarily mean that a state is going to become a socialist society. The movie Sicko is a perfect reality check for Calendars For Preschool, the United States and its citizens. Cv Mathias Storyteller. It is a critic from its own people (Common Sense Media Inc, 2011). The best thing about Fillable Dedication In Word (stunning this movie however is the fact that it gives hope that Americans can do better with a little change here and there. Before it ends however the movie gives the audience a light touch of humor where Michael Moore lends a helping hand to his biggest critic Kenefick who was about to close down his blog as he needed $12,000 to cover the Ervyn - Digital Storyteller medical expenses of his ailing wife. When Kenefick refuses the offer, Michael Moore is 6+ Inventory Template | Budget Template forced to send the donation anonymously so that Kenefick’s ability to express his opinion would not be trampled upon by Cv Mathias Ervyn Storyteller, the United State’s health system. Of Folsom Parkways. This is generally a good movie worth watching for one to really feel what it is like to be American (HubPages Inc, 2010). Buy Movie Review: Sicko essay paper online. Do you want to get an.
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