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bad writing essays The Philosophy and Literature Bad Writing Contest ran from 1995 to as coursework St Leonards 1998. For an essay giving background on how to an seo Abbey Cambridge the contest, click here . We are pleased to announce winners of the fourth Bad Writing Contest, sponsored by the scholarly journal Philosophy and Literature . The Bad Writing Contest celebrates the most stylistically lamentable passages found in scholarly books and articles published in the last few years. Ordinary journalism, fiction, departmental memos, etc. are not eligible, nor are parodies: entries must be non-ironic, from english as coursework St Leonards School serious, published academic journals or books. Deliberate parody cannot be allowed in a field where unintended self-parody is peer reviewed of London so widespread. Two of the most popular and influential literary scholars in the U.S. are among those who wrote winning entries in the latest contest. Judith Butler, a Guggenheim Fellowship-winning professor of rhetoric and comparative literature at english School the University of California at Berkeley, admired as perhaps “one of the ten smartest people on the planet,” wrote the sentence that captured the contest’s first prize. Homi K. Bhabha, a leading voice in the fashionable academic field of postcolonial studies, produced the second-prize winner. “As usual,” commented Denis Dutton, editor of Philosophy and Literature , “this year’s winners were produced by well-known, highly-paid experts who have no doubt labored for years to write like this. That these scholars must know what they are doing is how to write evaluation essay Centennial College indicated by the fact that the winning entries were all published by distinguished presses and academic journals.” Professor Butler’s first-prize sentence appears in “Further Reflections on the Conversations of Our Time,” an english as coursework article in the scholarly journal Diacritics (1997): The move from a structuralist account in which capital is understood to structure social relations in peer references University relatively homologous ways to a view of hegemony in which power relations are subject to repetition, convergence, and rearticulation brought the question of temporality into the thinking of structure, and marked a shift from english as coursework St Leonards School a form of Althusserian theory that takes structural totalities as theoretical objects to one in Centennial College which the english as coursework School, insights into the contingent possibility of write article Abbey structure inaugurate a renewed conception of hegemony as bound up with the contingent sites and strategies of the rearticulation of St Leonards School power.

Dutton remarked that “it’s possibly the essay writing notes Chigwell School, anxiety-inducing obscurity of such writing that has led Professor Warren Hedges of Southern Oregon University to praise Judith Butler as ‘probably one of the ten smartest people on the planet’.” This year’s second prize went to english St Leonards School a sentence written by Homi K. Bhabha, a professor of English at the University of Chicago. It appears in The Location of Culture (Routledge, 1994): If, for a while, the ruse of desire is calculable for the uses of discipline soon the repetition of how to Abbey College Cambridge guilt, justification, pseudo-scientific theories, superstition, spurious authorities, and classifications can be seen as the desperate effort to “normalize” formally the disturbance of as coursework St Leonards School a discourse of splitting that violates the rational, enlightened claims of research argument its enunciatory modality. This prize-winning entry was nominated by John D. As Coursework. Peters of the University of how to write a self evaluation essay Iowa, who describes it as “quite splendid: enunciatory modality, indeed!” Ed Lilley, an art historian at the University of Bristol in the U.K., supplied a sentence by Steven Z. School. Levine from an anthology entitled Twelve Views of Manet’s “Bar” (Princeton University Press, 1996): As my story is an august tale of article fathers and sons, real and imagined, the St Leonards School, biography here will fitfully attend to the putative traces in writing School Manet’s work of “les noms du pre,” a Lacanian romance of the errant paternal phallus (#148;Les Non-dupes errent#148;), a revised Freudian novella of the as coursework St Leonards School, inferential dynamic of paternity which annihilates (and hence enculturates) through the deferred introduction of the third term of insemination the phenomenologically irreducible dyad of the mother and child. Stewart Unwin of the how to article Abbey Cambridge, National Library of Australia passed along this gem from the Australasian Journal of School American Studies (December 1997). The author is essay The University of South Australia Timothy W. Luke, and the article is entitled, “Museum Pieces: Politics and english St Leonards School, Knowledge at the American Museum of Natural History”: Natural history museums, like the American Museum, constitute one decisive means for notes Chigwell power to de-privatize and re-publicize, if only ever so slightly, the realms of death by putting dead remains into public service as social tokens of collective life, rereading dead fossils as chronicles of life’s everlasting quest for survival, and canonizing now dead individuals as nomological emblems of still living collectives in Nature and History.

An anatomo-politics of human and non-human bodies is sustained by accumulating and classifying such necroliths in the museum’s observational/expositional performances. The passage goes on to explain that museum fossils and artifacts are “strange superconductive conduits, carrying the vital elan of contemporary biopower.” It’s demonstrated with helpful quotations from Michel Foucault’s History of Sexuality. Finally, a tour de force from a 1996 book published by the State University of New York Press. It was located by M.J. Devaney, an as coursework St Leonards editor at the University of Nebraska Press. The author is D.G. Leahy, writing in Foundation: Matter the Body Itself . Total presence breaks on the univocal predication of the exterior absolute the how to write, absolute existent (of that of as coursework St Leonards School which it is not possible to peer reviewed references University of London univocally predicate an outside, while the equivocal predication of the outside of the absolute exterior is possible of that of which the reality so predicated is not the reality, viz., of the dark/of the self, the identity of which is as coursework St Leonards School not outside the absolute identity of the outside, which is to say that the equivocal predication of identity is possible of the self-identity which is not identity, while identity is univocally predicated of the limit to the darkness, of the limit of the reality of the self).

This is the technique Lyceum Alpinum, real exteriority of the absolute outside: the reality of the absolutely unconditioned absolute outside univocally predicated of the dark: the light univocally predicated of the darkness: the shining of the light univocally predicated of the limit of the darkness: actuality univocally predicated of the other of self-identity: existence univocally predicated of the absolutely unconditioned other of the self. The precision of the shining of the as coursework, light breaking the dark is the reviewed references City, University of London, other-identity of the light. The precision of the absolutely minimum transcendence of the dark is the light itself/the absolutely unconditioned exteriority of existence for the first time/the absolutely facial identity of St Leonards existence/the proportion of the new creation sans depth/the light itself ex nihilo : the dark itself univocally identified, i.e., not self-identity identity itself equivocally, not the write article Abbey, dark itself equivocally, in “self-alienation,” not “self-identity, itself in self-alienation” “released” in and by “otherness,” and “actual other,” “itself,” not the abysmal inversion of the light, the reality of the darkness equivocally, absolute identity equivocally predicated of the self/selfhood equivocally predicated of the as coursework St Leonards, dark (the reality of this darkness the other-self-covering of solving technique Lyceum Zuoz identity which is the identification person-self). Dr. Devaney calls this book “absolutely, unequivocally incomprehensible.” While she has supplied further extended quotations to prove her point, this seems to be enough.

We are pleased to announce winners of the third Bad Writing Contest, sponsored by the scholarly journal Philosophy and as coursework St Leonards, Literature and its internet discussion group, PHIL-LIT. The Bad Writing Contest attempts to locate the ugliest, most stylistically awful passage found in an seo article Abbey a scholarly book or article published in english as coursework School the last few years. Ordinary journalism, fiction, etc. are not eligible, nor are parodies: entries must be non-ironic, from actual serious academic journals or books. In a field where unintended self-parody is so widespread, deliberate send-ups are hardly necessary. This year’s winning passages include prose published by established, successful scholars, experts who have doubtless labored for years to write like this. Obscurity, after all, can be a notable achievement. The fame and influence of writers such as Hegel, Heidegger, or Derrida rests in part on reviewed references City, University their mysterious impenetrability. On the english as coursework, other hand, as a cynic once remarked, John Stuart Mill never attained Hegel’s prestige because people found out a self Centennial College, what he meant. This is a mistake the authors of our prize-winning passages seem determined to St Leonards avoid.

The first prize goes to the distinguished scholar Fredric Jameson, a man who on the evidence of his many admired books finds it difficult to write intelligibly and impossible to write well. Whether this is because of the a self Centennial, deep complexity of Professor Jameson’s ideas or their patent absurdity is something readers must decide for themselves. Here, spotted for us by Dave Roden of Central Queensland University in Australia, is the very first sentence of St Leonards Professor Jameson’s book, Signatures of the Visible (Routledge, 1990, p. 1): The visual is essentially pornographic, which is to say that it has its end in rapt, mindless fascination; thinking about its attributes becomes an adjunct to how to write a self College that, if it is unwilling to betray its object; while the most austere films necessarily draw their energy from the attempt to repress their own excess (rather than from the more thankless effort to discipline the viewer). The appreciative Mr. Roden says it is “good of Jameson to let readers know so soon what they’re up against.” We cannot see what the second “that” in the sentence refers to. And imagine if that uncertain “it” were willing to School betray its object? The reader may be baffled, but then any author who thinks visual experience is essentially pornographic suffers confusions no lessons in English composition are going to fix. If reading Fredric Jameson is like swimming through cold porridge, there are writers who strive for incoherence of notes Chigwell a more bombastic kind. Here is our next winner, which was found for us by Professor Cynthia Freeland of the University of Houston.

The writer is Professor Rob Wilson: If such a sublime cyborg would insinuate the future as post-Fordist subject, his palpably masochistic locations as ecstatic agent of the sublime superstate need to be decoded as the “now-all-but-unreadable DNA” of a fast deindustrializing Detroit, just as his Robocop-like strategy of carceral negotiation and street control remains the tirelessly American one of inflicting regeneration through violence upon english as coursework St Leonards School, the racially heteroglossic wilds and essay for college, others of the inner city. This colorful gem appears in a collection called The Administration of Aesthetics: Censorship, Political Criticism, and english St Leonards School, the Public Sphere , edited by Richard Burt “for the Social Text Collective” (University of Minnesota Press, 1994). Essay Chigwell School. Social Text is the cultural studies journal made famous by publishing physicist Alan Sokal’s jargon-ridden parody of St Leonards postmodernist writing. If this essay is Social Text’s idea of scholarship, little wonder it fell for Sokal’s hoax. (And precisely what are “racially heteroglossic wilds and others#148;?) Dr. Wilson is an English professor, of course. That incomprehensibility need not be long-winded is proven by our third-place winner, sent in by Richard Collier, who teaches at Mt.

Royal College in Canada. It’s a sentence from Making Monstrous: Frankenstein, Criticism, Theory , by Fred Botting (Manchester University Press, 1991): The lure of imaginary totality is momentarily frozen before the dialectic of desire hastens on within symbolic chains. Still, prolixity is often a feature of bad writing, as demonstrated by our next winner, a passage submitted by Mindy Michels, a graduate anthropology student at the American University in Washington, D.C. It’s written by Stephen Tyler, and appears in argument paper University (Navitas) Writing Culture , edited (it says) by James Clifford and George E. Marcus (University of School California Press, 1986). Of what he calls “post-modern ethnography,” Professor Tyler says: It thus relativizes discourse not just to form #151; that familiar perversion of the modernist; nor to essay notes Chigwell School authorial intention #151; that conceit of the romantics; nor to a foundational world beyond discourse #151; that desperate grasping for a separate reality of the mystic and scientist alike; nor even to history and ideology #151; those refuges of the as coursework St Leonards, hermeneuticist; nor even less to language #151; that hypostasized abstraction of the linguist; nor, ultimately, even to discourse #151; that Nietzschean playground of world-lost signifiers of the structuralist and research argument (Navitas), grammatologist, but to all or none of these, for it is anarchic, though not for the sake of english as coursework St Leonards School anarchy but because it refuses to become a fetishized object among objects #151; to be dismantled, compared, classified, and neutered in that parody of scientific scrutiny known as criticism. A bemused Dr. Tim van Gelder of the University of Melbourne sent us the following sentence: Since thought is paper University seen to be “rhizomatic” rather than “arboreal,” the movement of english as coursework St Leonards School differentiation and research argument Deakin, becoming is already imbued with its own positive trajectory. English As Coursework St Leonards School. It’s from The Continental Philosophy Reader , edited by Richard Kearney and Mara Rainwater (Routledge, 1996), part of an editors’ introduction intended to help students understand a chapter.

Dr. van Gelder says, “No undergraduate student I’ve given this introduction to has been able to make the slightest sense of it. Neither has any faculty member.” An assistant professor of English at a U.S. university (she prefers to remain anonymous) entered this choice morsel from The Cultures of United States Imperialism , by Donald Pease (Duke University Press, 1993): When interpreted from essay writing Chigwell within the ideal space of the myth-symbol school, Americanist masterworks legitimized hegemonic understanding of St Leonards School American history expressively totalized in the metanarrative that had been reconstructed out of (or more accurately read into) these masterworks. While the entrant says she enjoys the Bad Writing Contest, she’s fearful her career prospects would suffer were she to be identified as hostile to the turn by English departments toward movies and soap operas. We quite understand: these days the worst writers in universities are English professors who ignore “the canon” in order to apply tepid, vaguely Marxist gobbledygook to essay writing students Australia popular culture. As Coursework St Leonards. Young academics who’d like a career had best go along. But it’s not just the argument paper, English department where jargon and incoherence are increasingly the fashion. Susan Katz Karp, a graduate student at Queens College in New York City, found this choice nugget showing that forward-thinking art historians are doing their desperate best to import postmodern style into their discipline. It’s from an article by Professor Anna C. Chave, writing in Art Bulletin (December 1994): To this end, I must underline the phallicism endemic to the dialectics of penetration routinely deployed in descriptions of as coursework St Leonards pictorial space and the operations of spectatorship . The next round of the reviewed references City, University of London, Bad Writing Contest, results to be announced in 1998, is now open with a deadline of December 31, 1997.

There is an endless ocean of St Leonards pretentious, turgid academic prose being added to daily, and we’ll continue to celebrate it. The entries for the second run of the Bad Writing Contest have now been tabulated, and we are pleased to announce winners. Write An Seo College. But first a few tedious words. There is no question that we have better #151; if that’s how to put it #151; entries than the english as coursework St Leonards School, last time we ran the contest. Some of the entries are stunning, and we think almost all of peer reviewed City, University them deserve a prize of some sort.

This is not to say that much of the writing we would consider “bad” is necessarily incompetent. Graduate students and young scholars please note: many of the writers represented have worked years to attain their styles and english, they have been rewarded with publication in books and journal articles. In fact, if they weren’t published, we wouldn’t have them for our contest. That these passages constitute bad writing is merely our opinion; it is arguable that anyone wanting to pursue an essay School academic career should assiduously imitate such styles as are represented here. These are your role models. First prize goes to David Spurrett of the University of Natal in as coursework School South Africa. He found this marvelous sentence #151; yes, it’s but one sentence #151; from Roy Bhaskar’s Plato etc: The Problems of Philosophy and Their Resolution (Verso, 1994): Indeed dialectical critical realism may be seen under the aspect of Foucauldian strategic reversal #151; of the unholy trinity of Parmenidean/Platonic/Aristotelean provenance; of the Cartesian-Lockean-Humean-Kantian paradigm, of foundationalisms (in practice, fideistic foundationalisms) and irrationalisms (in practice, capricious exercises of the research, will-to-power or some other ideologically and/or psycho-somatically buried source) new and old alike; of the primordial failing of western philosophy, ontological monovalence, and its close ally, the epistemic fallacy with its ontic dual; of the analytic problematic laid down by Plato, which Hegel served only to replicate in his actualist monovalent analytic reinstatement in transfigurative reconciling dialectical connection, while in his hubristic claims for absolute idealism he inaugurated the Comtean, Kierkegaardian and Nietzschean eclipses of english as coursework School reason, replicating the fundaments of positivism through its transmutation route to the superidealism of a Baudrillard. It’s a splendid bit of prose and I’m certain many of us will now attempt to read it aloud without taking a breath.

The jacket blurb, incidentally, informs us that this is the author’s “most accessible book to date.” Second Prize is won by Jennifer Harris of the University of Toronto. She found a grand sentence in an essay by Stephen T. Tyman called “Ricoeur and the Problem of Evil,” in The Philosophy of Paul Ricoeur , edited, it says, by essay The University (Navitas) Lewis Edwin Hahn (Open Court, 1995): With the last gasp of Romanticism, the quelling of its florid uprising against St Leonards School the vapid formalism of references City, of London one strain of the St Leonards, Enlightenment, the essay writing for college students The University of South Australia (Navitas), dimming of its yearning for the imagined grandeur of the archaic, and the dashing of its too sanguine hopes for english St Leonards a revitalized, fulfilled humanity, the horror of essay writing for college students The University Australia (Navitas) its more lasting, more Gothic legacy has settled in, distributed and diffused enough, to be sure, that lugubriousness is recognizable only english as languor, or as a certain sardonic laconicism disguising itself in a new sanctification of the destructive instincts, a new genius for displacing cultural reifications in the interminable shell game of the analysis of the problem Alpinum Zuoz, human psyche, where nothing remains sacred. Speaking of shell games, see if you can figure out the subject of St Leonards School that sentence. Third prize was such a problem that we decided to award more than one. Argument (Navitas). Exactly what the prizes will be is uncertain (the first three prizes were to english as coursework St Leonards School be books), but something nice will be found. (Perhaps: third prize, an old copy of Glyph ; fourth prize two old copies of research argument Deakin University (Navitas) Glyph .) Jack Kolb of english as coursework St Leonards UCLA found this sentence in Paul Fry’s A Defense of Poetry (Stanford University Press, 1995). Together with the previous winners, it proves that 1995 was to bad prose what 1685 was to good music. Fry writes, It is the moment of non-construction, disclosing the absentation of actuality from the concept in write an seo article part through its invitation to emphasize, in english as coursework St Leonards reading, the helplessness #151; rather than the will to power #151; of its fall into conceptuality. Essay Writing Notes Chigwell. Incidentally, Kolb is reviewing Fry’s book for Philosophy and Literature , and St Leonards School, believe it or not he generally respects it.

Arthur J. Weitzman of Northeastern University has noted for us two helpful sentences from The Johns Hopkins Guide to Literary Theory and Criticism , edited by Michael Groden and Martin Kreiswirth (JHUP, 1994). Problem Lyceum Alpinum Zuoz. It is from Donald E. Pease’s entry on Harold Bloom: Previous exercises in influence study depended upon a topographical model of reallocatable poetic images, distributed more or less equally within ‘canonical’ poems, each part of which expressively totalized the entelechy of the as coursework St Leonards School, entire tradition. But Bloom now understood this cognitive map of interchangeable organic wholes to be criticism’s repression of poetry’s will to problem technique Lyceum overcome time’s anteriority. What can we add to that? William Dolphin of San Francisco State University located for us this elegant sentence in John Guillory’s Cultural Capital: The Problem of Literary Canon Formation (University of Chicago Press, 1993): A politics presuming the ontological indifference of all minority social identities as defining oppressed or dominated groups, a politics in which differences are sublimated in the constitution of a minority identity (the identity politics which is increasingly being questioned within feminism itself) can recover the differences between social identities only on the basis of common and therefore commensurable experiences of marginalization, which experiences in turn yield a political practice that consists largely of affirming the english as coursework St Leonards School, identities specific to those experiences. Finally, the how to evaluation Centennial College, Canadian David Savory found this lucid sentence in the essay by english School Robyn Wiegman and Linda Zwinger, in “Tonya’s Bad Boot,” an Centennial essay in Women on Ice , edited by Cynthia Baughman (Routledge, 1995): Punctuated by what became ubiquitous sound bites #151; Tonya dashing after the tow truck, Nancy sailing the ice with one leg reaching for School heaven #151; this melodrama parsed the transgressive hybridity of un-narrativized representative bodies back into essay for college The University of South Australia (Navitas), recognizable heterovisual codes. Thanks to these and all the other entrants. If you didn’t win this time, the next round of the english, Bad Writing Contest, prizes to essay writing students The University of South (Navitas) be announced, is now open with a deadline of September 30, 1996.

So you’ve plenty of time to St Leonards School find examples from the turgid new world of academic prose. Feel free to forward the above text to email lists or to reviewed references University of London post it, without alteration, on other web sites.

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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. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per english as coursework St Leonards School, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the argument Deakin University (Navitas), law, but still felt totally unprepared for upcoming exams. St Leonards. This program was exactly what I needed Ђ” the tools to problem solving technique Lyceum Alpinum Zuoz confidently tackle exams in a methodical way.

— Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from worrying about panic. Ђ” Rob Goldbaum, U. St Leonards School. 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 how to Centennial most law school courses will depend upon School, performance on a final exam, most if not all of write Centennial College which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students.

However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to as coursework School 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 essay Chigwell School, graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to english as coursework St Leonards midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Essay Chigwell. 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 english as coursework attempt a response before looking at the models. Peer City, University Of London. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. St Leonards. (Sounds great, until you realize you don't know what an peer references City, University, 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 St Leonards, you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. Problem Solving Technique Lyceum Alpinum. A typically complex and as coursework St Leonards School, confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to how to Abbey 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 final exams. English. 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 question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.

As she explained to her husband moments later by how to a self essay College phone: Not the most graceful move in the world, Morris. English As Coursework School. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the essay writing notes Chigwell School, most graceful move in St Leonards the world. At which point Coris determined to sue Setter personally, as well as the essay writing notes Chigwell School, club. Although a resident of as coursework School Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. Write Evaluation Essay. (OFU, Inc.) and School, Jett Setter personally in New York County, seeking damages for Coris' injury and how to write article College, the destruction of the english as coursework School, tennis racquet. Thereupon followed, inter alia , the following events and motions:

1 Ђ” OFU, Inc. and Setter moved for a change of venue to reviewed references City, University Queens County. 2 Ђ” 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. [So-called nail and as coursework St Leonards, mail service.] 3 Ђ” Although the complaint affixed to Alpinum Zuoz his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” OFU, Inc. served notice of the deposition of St Leonards 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 essay Chigwell School anything overheard as a privileged conversation.

5 Ђ” OFU, Inc. requested an as coursework St Leonards School, admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for essay writing students of South (Navitas), 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 english law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is how to write an seo article Abbey College, relevant to english St Leonards School the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is a self evaluation Centennial, privileged against disclosure by either spouse or by as coursework St Leonards School a third person (e.g., an peer reviewed references City, University of London, eavesdropper).

Personal Jurisdiction Ђ” Generally, in order to determine the rights and english as coursework St Leonards School, duties of parties to 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 peer reviewed University of London, 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 english as coursework St Leonards, complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of how to write a self Centennial College same by english regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and paper, complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of St Leonards School due diligence. Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission Ђ” A request for 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. The party served normally has 30 days to respond.

Failure to timely respond results in an seo College the matter being deemed admitted. Inter alia , it is permissible to St Leonards School request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the research argument, party was traveling against english St Leonards School, traffic on a one-way street). However, it is not proper to request an research University (Navitas), admission to english St Leonards School an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per write evaluation essay Centennial College, se). Res Judicata Ђ” Doctrine that for reasons of economy, prevention of harassment, and as coursework, avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to problem solving Zuoz the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for english as coursework St Leonards School, him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose.

MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into write Abbey College 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for School, all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.

[The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of how to write essay Centennial College generating premises are intermediate in nature. In the larger (intermediate) sense they are to St Leonards School keep the litigation going versus termination on a procedural ground. An Seo Article Cambridge. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. English As Coursework School. 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. not admitted. 6 = Have claim heard in writing The University Australia (Navitas) small claims court vs. dismissed.

[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. 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 I shall work on each question to completion before going on to the next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on as coursework St Leonards School to No.3; . . . No.4; . . . Problem Technique Zuoz. 5; . English St Leonards School. . . 6.]

3 = Rule re lack of essay personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for english St Leonards, admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to for college The University of South Australia be but one or two premises to english School 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 how to write essay Centennial College, 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 discussion Ђ” No overlap of discussion apparent. No reason apparent not to proceed in School 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 research Deakin University (Navitas) mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to english as coursework direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Write A Self Evaluation Essay. Coris' fall and the destruction of the as coursework, racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in an seo article Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the St Leonards, requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of University business, without attempting to serve the english as coursework School, defendant at how to an seo Abbey Cambridge, 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 business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for School, lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. Lyceum Alpinum. [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 english, claim on appeal is after trial.

However, waived upon writing for college students Australia, the taking of an appeal clearly indicates that the time for english, 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 write an seo article Abbey, 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. As Coursework St Leonards. Moreover, given that Coris had not yet determined to sue, her statement in research argument paper University the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. As Coursework St Leonards. The conversation with the husband was not confidential, and therefore not privileged. A request for peer reviewed University of London, an admission imposes a duty on english as coursework St Leonards School the party served to acknowledge the existence of students The University facts that are not in doubt and that should not be necessary to prove at trial.

However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to english as coursework drive is negligent, per Lyceum Alpinum, se). The statement in question seems manifestly a matter that is in some doubt, and School, that may be necessary to prove at reviewed references City,, trial. Moreover, in that negligence is a legal conclusion, the St Leonards School, 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 problem technique Alpinum action generally precludes reassertion of that claim or cause of action in a subsequent suit. As Coursework St Leonards School. Doris' action in references 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 the primary action herein.

A directed verdict during trial seems both a final judgment and english as coursework St Leonards, 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 Lyceum Zuoz 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for School, four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the essay notes Chigwell, enterprise was affectionately known) shares, after two splits, rose tenfold to School forty million dollars. Flush with their success and how to an seo Abbey College Cambridge, 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. English St Leonards. 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 for college students Australia (Navitas) 2001 Meddle sought permission to inspect the RIPCORP minutes and as coursework School, 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 records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and how to a self essay Centennial, the Bottomline brothers personally to gain access to english the books and how to write an seo article Abbey, 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 english St Leonards School said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of School 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 quash these actions.

How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the english St Leonards, purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in essay of South 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 english School, 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 Ђ” Generally, shareholders have a limited right, founded in common law and statute, to references City, University of London inspect corporate books and records which are relevant to a proper purpose. As Coursework St Leonards School. Courts will determine whether a purpose is proper.

A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is reviewed references City, of London, a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. English St Leonards School. The latter derivative action may be maintained only essay for college students The University if 1) the english as coursework St Leonards School, plaintiff is how to write, a shareholder when the action is brought; 2) the plaintiff was a shareholder when the as coursework St Leonards School, alleged wrong to the corporation occurred; and 3) the plaintiff shows in paper Deakin University (Navitas) his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the as coursework School, demand (e.g., the board members are the evaluation Centennial, defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for english, 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 Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by City, the corporation, or a derivative action on behalf of the corporation, or for english, amounts paid in settlement thereof. Solving Lyceum Alpinum. 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 St Leonards good faith and essay writing notes School, reasonable care in the circumstances. English School. The corporation may purchase insurance to indemnify officers and directors for even the write Abbey College, 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 Ђ” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the St Leonards, motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for peer of London, each motion (i.e., question).

Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of St Leonards same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in paper University light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of english as coursework standing, failure to writing students of South Australia first make a demand on the board, and failure to state a cause of english as coursework 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 Ђ” [The motions seem more or less equivalent in weight. Given the writing for college students The University, 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. English St Leonards. Therefore, it seems advisable to peer reviewed University of London skip Step Three and go to School the writing phase .] Preview of a logical sequence for discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to writing for college The University of South Australia (Navitas) state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.

Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the english St Leonards School, ski resort venture. Generally, shareholders have a limited right, founded in how to College Cambridge common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. As Coursework St Leonards School. 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 how to article College Cambridge, demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. School. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the technique Lyceum Zuoz, purposes and as coursework St Leonards School, 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 how to article College Cambridge, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the english School, board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the an seo Cambridge, defendants). The Bottomline brothers are named in M's suit and hold a majority of as coursework 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 an seo Abbey Cambridge derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of english as coursework School any class of outstanding shares, or the value of their shares exceeds $50,000. Write A Self Evaluation Essay Centennial College. 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. St Leonards. However, M has been a shareholder since the how to write evaluation essay Centennial, 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 St Leonards School, exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. Essay The University Australia (Navitas). [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 english as coursework St Leonards have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to how to a self evaluation essay indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in as coursework part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against.

The facts are unclear about whether the problem solving technique Alpinum, 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 as coursework St Leonards School their duty to act in good faith. Peer. 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 as coursework School the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the essay writing notes Chigwell School, purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the as coursework School, resolution that purports to indemnify against judgments obtained on writing The University of South (Navitas) behalf of the corporation, denied as to as coursework St Leonards School portions that indemnify against judgments obtained by M, and denied with leave to renew at for college students The University Australia (Navitas), a later time with respect to all other portions. T properly executed a will in 1994, by as coursework 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 my brother, Y. Third: I give, devise, and bequeath the peer references City, University, rest, residue, and remainder of my estate to School my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the essay, 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 my (new) faithful companion, B. In 1999, having reconciled with Z and english School, spurned B, T properly executed a codicil to research Deakin University his 1994 will, by as coursework St Leonards School the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will.

T died in 2001. In a probate proceeding the write a self, 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. One of the papers destroyed was the original copy of the english as coursework St Leonards, 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of technique Lyceum Alpinum several witnesses to as coursework St Leonards T's execution of the 1994 will. Discuss the rights of the write a self evaluation Centennial, various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption Ђ” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and testament. Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to english as coursework St Leonards School a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the how to write Abbey College Cambridge, fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” As a general rule, a subsequent will that is english as coursework, 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 peer references of London its physical destruction.

Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy Ђ” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of english as coursework St Leonards School his bounty. Witness as beneficiary Ђ” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview Ђ” The instruction points to parties who stand to take from an seo College Cambridge T's estate. Each will be in opposition to anyone or anything that would prevent him from St Leonards taking from T's estate. Step One Ђ” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling.

Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in how to an seo article the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to set forth the english as coursework St Leonards, premises of the various parties in Step Two, I may as well go straight to the response. How To Article Abbey. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Ђ” Resolving which instrument controls seems the english as coursework St Leonards School, obvious first step. Therefore, beginning with B v. Z would seem to paper Deakin make sense. B and Z's rights [This label conforms to english as coursework 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 Z's legacy. However, a properly executed codicil to argument paper Deakin (Navitas) a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of 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 St Leonards School, 1994 will. There being no evidence to solving Lyceum the contrary, the St Leonards School, fact that T in executing the essay notes, codicil accurately recited the nature and extent of his property and St Leonards School, 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 peer reviewed references of London physical destruction , such destruction must be accomplished with the intent and for english as coursework, the purpose of revoking the will.

The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is Cambridge, thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. As Coursework St Leonards School. Z takes the write an seo Abbey College, rest, residue, and remainder of T's estate under the 1999 codicil that revived the as coursework St Leonards, 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 essay writing notes School the possession of the testator when he dies. As Coursework St Leonards. 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 write an seo article Abbey, of no avail to english as coursework School 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. Essay The University Of South. By statute in many jurisdictions, however, dispositions to School beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Essay. 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 St Leonards several witnesses to the 1994 will, implying that more than two persons witnessed the will.

Therefore, presumably two other witnesses exist to prove the research argument paper University (Navitas), will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. School. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. Essay Students Australia (Navitas). The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to St Leonards School take under the 1994 will. Evaluation Essay College. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the english as coursework St Leonards School, will. Essay Writing Notes Chigwell. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.

However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. As Coursework St Leonards. I might even decide to put it on the blank page left at writing notes, 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 School prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Paper Deakin University (Navitas). Richard ordered the St Leonards School, 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. . References City,. 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 english as coursework St Leonards School, every response is essay The University of South Australia, a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is St Leonards, surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the an seo article Abbey College Cambridge, examinee knows exactly what is as coursework St Leonards School, wanted and how to proceed and present. University (Navitas). For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of St Leonards School 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 essay writing, 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 english St Leonards, will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of problem solving Alpinum Zuoz 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the english as coursework School, instructor immediately.

It is peer reviewed references City,, your responsibility to St Leonards ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to write evaluation essay College identify clearly which subpart you are answering (e.g., I. St Leonards School. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on notes Chigwell each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and english, spelling. 2. Writing Notes School. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin.

Write your identification number in the space provided on the 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 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. English. You must write your identification number on this exam booklet at the top of the first page and return the research Deakin, booklet in order that your exam answer sheet may be matched with the correct version of the english as coursework, answers.

Do not write your name on argument paper University (Navitas) anything. For this examination, unless we have specifically studied to the contrary, you should assume the english St Leonards School, 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 Centennial, 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. English School. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from reviewed references City, of London goods used or consumed or services rendered in english School this State; (d) owning, using or possessing any property situated in this State; (e) contracting to problem Zuoz insure any person, property, or risk located within this State at School, 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 sending a summons and a copy of the essay writing, complaint by english St Leonards 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 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. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and problem Lyceum, Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of english as coursework St Leonards their customers are from.

Sometimes people from the nearby States of Prussia and solving technique, 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 First Commercial Industrial Bank of as coursework St Leonards School Prussia [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the research Deakin University (Navitas), bank would do well to procure their business. After receiving a letter at their shop offering the bankЂ™s services, Tristan and as coursework St Leonards, Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. Problem Solving Lyceum. On August 15, 2003, Tristan and english School, Isolde signed the loan papers at their shop and Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of City, of London Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan.

When First Commercial threatened to St Leonards sue them, Tristan settled the bankЂ™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 CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to writing Chigwell her at the shop in english St Leonards Swabia. On May 15, 2005, after Isolde failed to research argument University respond to the complaint and summons, the english St Leonards School, court entered a default judgment against evaluation essay, her for St Leonards School, $100,000. On December 1, 2006, First Commercial sought to register the judgment against research paper, Isolde with the english, 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 problem technique Alpinum garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.

Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by 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 School 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 technique Lyceum Alpinum, judgment of the federal district court in Prussia against Isolde is unquestionably valid and english as coursework St Leonards, is enforceable in notes both Swabia and as coursework, Bavaria. Please discuss fully whether you believe that assumption is valid and whether the writing Chigwell School, service on english as coursework St Leonards Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a studentЂ™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. Writing Students Australia. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an as coursework School, issue) prescribes a statement of I ssue to precede the statement of R ule, and how to a self evaluation essay Centennial, the discussion ( A nalysis). As Coursework. (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of essay writing premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.

Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in english as coursework School the opening paragraph, federal diversity statute in the next — to assist the problem solving technique Lyceum, professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and School, as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is how to write an seo article Abbey College, 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 School Prussia, where she lived her whole life up to June of Chigwell School 2003, because she only as coursework School moved to write a self evaluation College Swabia temporarily, to see Ђњif she would enjoyЂќ life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is St Leonards School, a state common-law claim. Therefore nothing in the plaintiffЂ™s complaint arises under the Constitution and laws of the research paper Deakin, 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 as coursework St Leonards School 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 how to a self, that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis.

The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. English As Coursework School. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in how to write an seo article College 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. As Coursework St Leonards. 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 peer reviewed references City, citizenship, First Commercial cannot argue that she be subjected to as coursework St Leonards 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. At least one student referred to research Deakin University it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of St Leonards School this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Research Deakin (Navitas). Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions.

Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to study the as coursework School, Burger King opinion and to pay attention to our class discussions of evaluation essay College it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over english School, Isolde on the basis of the first of the enumerated acts: Ђњa) transacting any business within the peer references City, University of London, State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the defendantЂ™s act of entering into the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. English As Coursework. This is a valid argument so long as the Chigwell, court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. As Coursework St Leonards School. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in notes state result, the execution of the english as coursework School, 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 Ђњdirectly or by an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the a self evaluation essay, papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and St Leonards, that he immediately took them to the bank. How To Write A Self Evaluation Essay College. You should never, as many of english as coursework School you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnЂ™t know what she was signing. Indulging in speculation that she might not have reveals desperation.]

Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. Essay Students Of South Australia (Navitas). 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 constitutional only if the cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the as coursework St Leonards, assertion of write evaluation College jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to english as coursework St Leonards School 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 how to Abbey, implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the english as coursework St Leonards, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. How To Write Evaluation Centennial College. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in School the forum, Prussia. First Commercial will counter that Tristan and essay for college students The University of South Australia (Navitas), Isolde were operating together to secure the loan. They reached into St Leonards School the forum when they called First Commercial. Isolde knew that Tristan was taking the solving technique Alpinum, 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 english School, any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the (Navitas), facts seem to favor First Commercial.

In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of english School First National in litigating in Prussia, it does not seem unfair to require Isolde to argument paper University 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 english School, 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 Abbey Cambridge validity of the Prussia judgment treated in english St Leonards the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Abbey College, Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to St Leonards read the Shaffer v. Heitner opinion carefully, and a failure to study the research paper, problems following that opinion in the casebook.]

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Symptoms of late-stage HIV infection may include: blurred vision diarrhea, which is usually persistent or chronic dry cough fever of write a self evaluation essay Centennial College, above 100 °F (37 °C) lasting for weeks night sweats permanent tiredness shortness of breath (dyspnea) swollen glands lasting for weeks unintentional weight loss white spots on the tongue or mouth. During late-stage HIV infection, the risk of developing a life-threatening illness is much greater. Life-threatening illnesses may be controlled, avoided,and/or treated with proper medications, often including HIV treatment. There are many misconceptions about english St Leonards School HIV and peer University, AIDS. The virus CANNOT be transmitted from: shaking hands hugging casual kissing sneezing touching unbroken skin using the same toilet sharing towels sharing cutlery mouth-to-mouth resuscitation or other forms of as coursework St Leonards, casual contact The CDC (Centers for Disease Control and Prevention) estimate that about 1 in every 8 HIV-positive Americans is unaware of their HIV-status.

Diagnosis is references City, University of London, made through a blood test that screens specifically for the virus. If the HIV virus has been found, the School test result is positive. Research Argument Paper Deakin University! The blood is english, re-tested several times before a positive result is given to the patient. If a person has been exposed to the virus, it is crucial that they get tested as soon as possible. The earlier HIV is detected, the more likely the essay notes Chigwell School treatment will be successful. A home testing kit can be used as well. After infection with HIV, it can take from 3 weeks to 6 months for the virus to show up in St Leonards School, testing. Re-testing may be necessary. If the moment a patient was most at risk of infection was within the how to write article Abbey Cambridge last 6 months, they can have the test immediately. However, the provider will urge that another test be carried out within a few weeks. The red ribbon is the worldwide symbol of support and awareness for english School people living with HIV.

There is currently no cure for HIV or AIDS. Treatments can slow the course of the condition - and allow most infected people the opportunity to how to write article Abbey College Cambridge, live a long and relatively healthy life. Earlier HIV antiretroviral treatment is crucial - it improves quality of life, extends life expectancy, and reduces the risk of transmission, according to the World Health Organization's guidelines issued in St Leonards, June 2013. Currently, there is no vaccine or cure for HIV, but treatments have evolved which are much more effective and better tolerated - they can improve patients' general health and quality of life considerably, in as little as one pill per day. Emergency HIV pills (post-exposure prophylaxis)

If an an seo article Abbey College, individual believes they have been exposed to the virus within the last 72 hours (3 days), anti-HIV medications, called PEP (post-exposure prophylaxis) may stop infection. As Coursework School! The treatment should be taken as soon as possible after contact with the virus. PEP is a very demanding treatment lasting 4 weeks, a total of 28 days. It can be associated with unpleasant side effects (diarrhea, nausea, and City, University of London, headache). After a positive HIV diagnosis, regular blood tests are necessary to as coursework, monitor the reviewed references University of London progress of the virus before starting treatment. The therapy is designed to reduce the level of HIV in the blood, which has many benefits. Antiretroviral drugs. HIV is treated with antiretrovirals (ARVs). The treatment fights the HIV infection and St Leonards School, slows down the spread of the virus in the body. Generally, patients take a combination of medications called HAART (highly active antiretroviral therapy) or cART (combination antiretroviral therapy).

The combination of drugs is adapted to each individual. Peer Reviewed References City, University! HIV treatment is usually permanent and lifelong. HIV treatment is based on routine dosage. Pills must be taken on english as coursework School, a regular schedule, every time. Peer Reviewed References University! Each class of ARVs has different side effects, but some possible common side effects may include nausea, fatigue, diarrhea, headache, skin rashes, or moodiness. Complementary or alternative medicine.

Although widely used, alternative pr complementary medications, such as herbal ones, have not been proven to be effective. According to some limited studies, mineral or vitamin supplements may provide some benefits in overall health. Patients are urged to discuss these options with their providers especially because some of these options, even vitamin supplements, may have drug interactions with ARVs. To prevent being infected with HIV, healthcare professionals advise precautions related to: Unprotected sex - having sex without a condom can put a person at english St Leonards School risk of peer references University of London, being infected with HIV and other sexually transmitted infections (STIs). HIV can be spread by having unprotected sex (vaginal, oral, and/or anal sex). It can also be caught from sharing sex toys with someone infected with HIV. Condoms should be used with every sexual act. Drug abuse and needle sharing - intravenous drug use is an important factor in HIV transmission in developed countries. Sharing needles can expose users to HIV and other viruses, such as hepatitis C. Strategies such as needle-exchange programs are used to reduce the infections caused by drug abuse.

If someone needs to use a needle, it must be a clean, unused, unshared needle. Body fluid exposure - exposure to HIV can be controlled by employing precautions to reduce the risk of as coursework School, exposure to contaminated blood. At all times, healthcare workers should use barriers (gloves, masks, protective eyewear, shields, and gowns). Frequent and thorough washing of the skin immediately after being contaminated with blood or other bodily fluids can reduce the argument Deakin (Navitas) chance of infection. Pregnancy - some ARVs can harm the unborn child. But an effective treatment plan can prevent HIV transmission from mother to as coursework School, baby. Precautions have to be taken to protect the how to write an seo article College baby's health. Delivery through caesarean section may be necessary. HIV-infected mothers should not breastfeed.

Education - health education is an important factor in as coursework St Leonards School, reducing risky behavior. Adherence - HIV treatment is paper, effective if the patient is committed and constant in taking the medication on time. Missing even a few doses may jeopardize the as coursework St Leonards treatment. How To Write Article Abbey College! A daily, methodical routine should be programmed to fit the treatment plan around the patient's lifestyle and schedule. St Leonards! A treatment plan for problem solving technique Lyceum Alpinum one person may not be the same treatment plan for english School another. Adherence is sometimes known as compliance. General Health - it is crucial for patients to take medication correctly and take steps to avoid illness.

Patients should seek to improve their general health and reduce the risk of falling ill by practicing regular exercise, healthy eating, and not smoking. Additional precautions - HIV-infected people should be extra cautious to prevent exposure to infection. They should be careful around animals, avoid coming into contact with cat litter, and University of London, animal feces, and often birds too. Meticulous and regular washing of english as coursework St Leonards, hands is recommended. Long-term condition - HIV is a lasting condition, and therefore patients have to be in regular contact with their healthcare team. Treatment plan is reviewed regularly.

Psychological - common misconceptions about AIDS and HIV are diminishing. However, the stigma of the condition persists in research paper (Navitas), many parts of the english School world. People infected with the virus may feel excluded, rejected, discriminated, and isolated. Being diagnosed with HIV can be very distressing, and feelings of anxiety or depression are common. If you feel anxious or have symptoms of depression, seek medical help immediately. Article last updated on how to a self evaluation essay Centennial College, Fri 24 March 2017. Consolidated guidelines on School, the use of antiretroviral drugs for treating and preventing HIV infection. Centennial! (2013, June 30). Retrieved from http://www.who.int/hiv/pub/guidelines/arv2013/download/en/ Please use one of the following formats to cite this article in as coursework St Leonards, your essay, paper or report: Nordqvist, Christian. An Seo Article College Cambridge! HIV and AIDS: Causes, symptoms, and treatments.

Medical News Today . MediLexicon, Intl., 24 Mar. 2017. Web. 6 Oct. 2017. https://www.medicalnewstoday.com/articles/17131.php Nordqvist, C. (2017, March 24). HIV and AIDS: Causes, symptoms, and treatments.

Medical News Today . Retrieved from. Please note: If no author information is provided, the source is as coursework School, cited instead. I want to congratulate this site information for a good and useful work done. 'Bantua'. Technique Alpinum Zuoz! The 'Bantua' is St Leonards, filled with locall preperations belived to write essay, be able to wash out english School, certain unfriendly abdominal contents through defaecation. Essay Writing For College Students Of South (Navitas)! The route of access is the anus. English School! This tube-like 'Bantua' is pushed through the anus without any kind of lubrication, thus dispossing a person to how to an seo Abbey, anal injuries or bleeding. As Coursework School! Although the practice is believed to be helpful, it is scaring when it has to be shared by both somewhat healthy and clinically sick people altogther unknowingly.Because blood, most of the times, is seen on write an seo Abbey Cambridge, the tube upon withdrawal, people who share the 'Bantua' may contract HIV OR AIDS without knowing the St Leonards source. I believe this practice is done somewhere in the world. Reducing and or preventing HIV/AIDS infection is write Abbey College, a global concern and therefore require global efforts.

I believe you will find this piece of information useful and helpful. Martin Nyefene K, Reply kay henderson September 21, 2012 4:32 pm. How would it make u feel, if someone u knew had aids? Would u feel sad or sorry for them or treat them as the living breatheing human that they are, with or without tne diease. Would you stop to english St Leonards, think how scared they were or just judge them? People assume there is only one way to get aids and that is by being gay. Our world is VERY NARROW MINDED. Imagine how u would feel, and how u wouldn't want someone to stop loving you as a PERSON, just because u contracted it. An Seo Article Abbey College Cambridge! Hospital needles not properly disposed of, that one may get pricked with.

If u have to have a transfusion. Passing it thru sex, comes when u didn't realize u had contracted it some how. I know someone, whom I dearly love with this hidden demon, I see his sadness and feel his pain, for if anyone knew. they would change how they really looked at him. We all are going to die, each of us in different ways. As Coursework! so we should live, love and not stereo type while we are alive. How To A Self Centennial College! I have learned alot just by as coursework School knowing this person and u know what? I enjoy every minute and every conversation, every laugh and smile, because i know it makes a difference in research paper Deakin University, their world too!

Get educated and open ur mind and ur heart to everyone. Reply ROBERT LINCOLN October 6, 2012 11:00 am. It has no cure, since decades ago. Use all preventive measures to stay away from it. Because you have family, and dreams to english as coursework, achieve. So please, please, stay away from it. ''A himt to a wise is quite sufficient'' Nobody did intentionally, but be precaucious enough to be far away from hiv as till today no vaccine is paper University (Navitas), vailable for this which help as others do. Moreover never loose hope for life as is the only chance which we got, who knows about the second life, if got infected accediently do not loose hope and do the best u can do for yourself and english as coursework School, the society. On the 15th Feb 2012, i lost a dear friend to the dreadful Illness called HIV.

I strongly advise everyone, to use Protection when having Sex. Yes, my friend liked Men, and he has paid the price for his Sexual habit. He was only 34 years old, and very clever, but he didn't think about taking precautions against HIV or AIDS. This information on writing notes, this page by english the MNT you are reading is essay, very important to take in, and as coursework St Leonards, be guided by. i want to thank those person who published these article for some once knowledge about AIDS and others. so thank you once again. HIV / AIDS, life will not be lost to this disease.

Treatment is simple and easy. Reply mapengo hashimu January 8, 2013 3:04 pm. HIV/AIDS Is like other disease so we should care each other..because stigmatization is kill than hiv/aids.together we can. Red ribbon---- the writing notes Chigwell School red ribbon is a symbol for solidarity with HIV- positive people and those living with AIDS. Reply ramandeepsingh February 19, 2013 6:45 am. so do something special in ur life therefore we would be missed after we have dead. Healthline Media UK Ltd, Brighton, UK. 2004-2017 All rights reserved. MNT is the registered trade mark of Healthline Media.

Any medical information published on this website is not intended as a substitute for informed medical advice and you should not take any action before consulting with a healthcare professional.