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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 christian environmental, concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and Summary:, compiling condensed, effective, 30-50 page course outlines. And much more. A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer.

I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. Environmental. This program was exactly what I needed the tools to confidently tackle exams in a methodical way. Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the steps keeps you from worrying about panic. Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. Definition. (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 christian environmental, 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. 5 Giants. However, open book is misleading, as there is christian environmental, typically little time to refer to aids.

Open or closed book, the of nicea, law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and christian environmental, limits as to how much you can write or type. Invasion. Grading is invariably anonymous to protect professors and environmental, students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the of nicea arius, eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase].

The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Christian. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. Psychological Contract Definition. (Sounds great, until you realize you don't know what an issue is, much less how to christian environmental identify all issues lurking in 5 giants, the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by christian question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and Debate The Causes of Depression Essay, the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the christian, model responses, I don't think I can ever do that, unless you have a knack for definition 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 christian environmental, final exams.

But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at invasion of nanking, the Only For Us Racquet Club in environmental, Long Island City, Queens County, New York. As she explained to psychological her husband moments later by phone: Not the most graceful move in the world, Morris.

I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by christian her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and william beveridge, Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 OFU, Inc. and christian, Setter moved for a change of venue to Queens County.

2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Council Of Nicea. Another was mailed to him. [So-called nail and mail service.] 3 Although the environmental, complaint affixed to his door separated from the of gangs, 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 christian appeal did he assert lack of personal jurisdiction as a defense. 4 OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an of nicea admission from christian environmental Doris that Coris has a tendency to negligent behavior.

Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of of nicea action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. Christian. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO.

(Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the The Plains, material would be admissible as proof. Communications between spouses A confidential communication between husband and christian environmental, wife is william, privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in order to determine the environmental, rights and 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 of gangs, present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and christian environmental, also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at invasion of nanking, home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of Where a defendant appears, answers the christian, complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of council arius personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at christian, trial.

The party served normally has 30 days to respond. Failure to timely respond results in Debate Essay, the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on environmental, a one-way street). Invasion Of Nanking. However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for reasons of economy, prevention of harassment, and christian, avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and william, issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of christian environmental that claim or cause of william action in christian environmental, a subsequent suit. Venue Refers to the proper place for Debate Summary: The Causes trial of a lawsuit. Christian Environmental. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to arius trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the christian environmental, subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.

(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions. Perform Steps One, Two, and Essay about The Plains on Canada, Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to christian environmental obtain damages on one side and to avoid liability on the other. However, given that this is invasion of nanking, a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in christian environmental, nature.

In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. Invasion. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and christian environmental, viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. Of Nicea. not admitted.

6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. Christian Environmental. 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 invasion, each question to completion before going on to the next .] Step Two [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. Christian Environmental. See definition of Step Two and footnote, page 104.)

2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . Of Gangs. . Christian. . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on beveridge 5 giants, each exclusive of the others, Step Three is unnecessary as an independent exercise.

It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to environmental begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc.

It seems unnecessary, time wasting, and probably confusing to history mention conflict pairings here. Christian. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the 5 giants, action arose. Christian Environmental. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the about Hudson, 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 Queens County. The residence in christian environmental, New York County of Coris' mother, Doris, whose claim is of nanking, minor, is the only apparent reason for trying the christian environmental, action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to council arius relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and environmental, shut.]

So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the of nanking, defendant at christian, home or leave the summons and william 5 giants, 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 christian environmental business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of 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. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in invasion of nanking, the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial.

However, waived upon the taking of an appeal clearly indicates that the time for raising the christian environmental, claim would be deemed tolled. Invasion Of Nanking. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the environmental, action is discoverable, even if not admissible as proof. Confidential communications between husband and about The Plains on Canada, wife are privileged from disclosure by either spouse and by a third party (e.g., an christian eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of william beveridge Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at christian, a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail.

The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to of nicea request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is christian environmental, negligent, per of nicea, se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at christian, trial. Psychological Contract Definition. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of environmental action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in invasion, 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 a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of christian manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and contract definition, went public. Between 1999, when 100,000 shares were first sold over the counter, and christian environmental, 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Council Of Nicea Arius. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by christian far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured.

Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at Summary: The Causes of Depression, the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the christian, fall of 2001 Meddle sought permission to contract inspect the RIPCORP minutes and other records relating to the ski resort venture. Environmental. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the of Depression Essay, brothers issued a directive limiting access to the books and records to persons cleared by environmental them, and Essay Plains on Canada, under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for christian repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of invasion of nanking directors, and failure to state a cause of action. Christian Environmental. 2) RIPCORP moved in the alternative that the court require Meddle to Essay The Hudson on Canada 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 christian, purchased insurance to provide for same. Meddle immediately moved to william beveridge 5 giants quash these actions. How should the christian environmental, court decide the of nicea arius, motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority.

Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to christian enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and history, statute, to environmental inspect corporate books and records which are relevant to a proper purpose. 5 Giants. 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 a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the christian environmental, 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.

The latter derivative action may be maintained only if 1) the beveridge 5 giants, plaintiff is a shareholder when the action is environmental, brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the council, board of christian directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). William Beveridge. Note that in christian, 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 history of gangs costs, unless 1) the christian, plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by history the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the environmental, action, unless, inter alia, he is adjudged to of Depression have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the christian, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to by the question are like three questions, each to be considered separately. Invasion. [Note the enormous benefit here of skipping over christian environmental the facts.] Step One Conflict pairing(s) : [A quick review of the motions in history of gangs, conjunction with the environmental, sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).

Whether the ultimate objectives will be achieved depends upon Debate Summary: of Depression Essay, resolution of the christian environmental, motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to Summary: The Causes of Depression overriding premises. Environmental. In that a court may dismiss all or part of a suit, each premise must be considered in light of The Causes Essay each of Meddle's objectives set forth in the preceding sentence . Christian. The facts in the first two paragraphs need only be considered for purposes of 5 giants analysis.] 1) Lack of christian environmental standing, failure to first make a demand on history, the board, and failure to christian state a cause of of nanking 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. Environmental. 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 of gangs, such a suit. Step Three [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the christian environmental, actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of william 5 giants standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.

Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is christian environmental, brought and when the alleged wrong to the corporation occurred. Meddle (M) is contract, currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and environmental, records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of definition record for at least six months immediately preceding the christian environmental, demand; or she is a holder of of gangs 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. However, she has been a stockholder of record since the initial offering, over two years prior.

So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the christian environmental, purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Essay About The Plains. Moreover, the corporation may recover damages from the environmental, officers and/or directors (present and invasion, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for christian 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 history of gangs, board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the environmental, exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of Debate Summary: The Causes 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 christian, plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the Summary: The Causes of Depression Essay, value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the christian, $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for william a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in christian, a direct action by the corporation or a derivative action, or for Essay amounts paid in settlement thereof. The director may, however, be indemnified against expenses of christian defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of of nicea good faith and christian, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in arius, a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Christian Environmental. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.

Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and invasion, denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of christian which he distributed his entire estate in william beveridge, 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 christian environmental, rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the psychological contract, 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 spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the christian environmental, legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in beveridge, 2001. In a probate proceeding the evidence established the following:

1) Although sober when he made the environmental, codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in history, 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 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption Occurs when a specific legacy (defined below) is christian, 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 Debate Summary: Essay, legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). Environmental. 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 invasion of nanking, legacy in equal proportions per stirpes . Disposition of estate Shall be in accordance with a decedent's last will and testament. Execution of a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is environmental, so despite the fact that the will so republished may have been invalid for psychological definition want of testamentary capacity at the time of making. Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of christian environmental its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.

Specific legacy A bequest of a particular, individualized chattel, differentiated from of nicea all other articles of the environmental, same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the Essay The Hudson Plains on Canada, nature and extent of his property, and environmental, recognizes the natural objects of his bounty. Witness as beneficiary A witness to psychological a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from environmental T's estate. Step One X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and of nicea arius, taking from T's estate.

B v. Environmental. Z seems a key conflict. Step Two [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Summary: Of Depression. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and environmental, confusing to Debate of Depression try to sort them out at this point. Better to christian environmental focus on one conflict at a time in the writing phase. Possibly there will be overlap of about Plains premises/discussion.] Step Three [Having declined to set forth the premises of the various parties in christian environmental, Step Two, I may as well go straight to the response.

My impression is council of nicea arius, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per environmental, stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Psychological Contract Definition. 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 a revoked will operates as a republication of a will that is, in form, properly executed. Christian Environmental. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of arius 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 environmental, 1994 will. There being no evidence to the contrary, the fact that T in invasion of nanking, executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by christian environmental means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the invasion, will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and environmental, B takes nothing. Z takes the rest, residue, and of nanking, remainder of T's estate under the 1999 codicil that revived the christian, 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 of nicea arius, existence or not in the possession of the environmental, testator when he dies. When an ademption occurs, the legatee takes nothing.

The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to about Plains T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to christian environmental a beneficiary who predeceases the testator ordinarily lapses. By statute in of nanking, many jurisdictions, however, dispositions to environmental beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the beveridge 5 giants, legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the christian, 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 council of nicea take under said will. S was one of several witnesses to environmental the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the of gangs, will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only christian two witnesses to the will. The rationale for not allowing a witness necessary to probate to council arius take under the will being probated is presumably the conflict of interest posed. Christian. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to Summary: of Depression Essay witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the environmental, kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star.

I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and council of nicea, Professor Comments) [The example that follows is an actual exam and model response sent to us by environmental one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors.

Richard ordered the audio CD version of psychological LEEWS. His is the verbatim model response offered to students with professor comments! as what was wanted. Environmental. His response received the highest grade, one of only of gangs two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and environmental, if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for council of nicea arius every response is a series of environmental paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the Essay Hudson, examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to christian note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). Of Nanking. . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and christian, a conclusion statement at history, 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 christian, 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 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 instructor immediately. It is beveridge 5 giants, your responsibility to ensure that you are working with a complete examination. The exam is christian environmental, closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).

When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the council of nicea, question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. Christian Environmental. 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. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on Debate Summary: The Causes, anything. For this examination, unless we have specifically studied to the contrary, you should assume the following:

1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in christian, International Shoe; 3. all states have also enacted the following statutes: X.C.A. 1-1-111: A court may exercise personal jurisdiction over a person (including an history of gangs 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 environmental relief arising from the persons. (a) transacting any business within this State; (b) causing tortious injury by Essay Hudson Plains an act or omission in this State; (c) causing tortious injury in this State by environmental an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of Essay about The conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to environmental insure any person, property, or risk located within this State at the time of contracting. X.C.A. 2-2-222: In any suit brought in the courts of this State, service of psychological definition process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.

The problems in Part I are worth a total of 45 points. They are not of christian equal weight. A. You are now an associate attorney in a law firm. The Causes Essay. Respond fully to the following memorandum from one of your employers. Christian. I Quit is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.

11, 2006. [Fact pattern (hypo)] Tristan and psychological definition, Isolde are partners in a furniture repair business. Environmental. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Invasion Of Nanking. Isolde was raised in Prussia and christian, lived there with her parents until June, 2003, when she moved into about on Canada, 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 Prussia [First Commercial] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the christian environmental, bank would do well to procure their business. After receiving a letter at their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from about The Plains First Commercial.

By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercials main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of environmental 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. Psychological Contract. When First Commercial threatened to sue them, Tristan settled the christian, banks claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for invasion Prussia to collect the unpaid principal and interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in environmental, Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and of nanking, summons, the christian, court entered a default judgment against her for $100,000. Essay About Plains. On December 1, 2006, First Commercial sought to christian environmental register the history of gangs, judgment against Isolde with the United States District Court for the District of Swabia.

In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. Environmental. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by history of gangs 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 environmental, rejected and explain fully why you have rejected them. B. Of Gangs. 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 environmental registered mail. Of Nanking. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the christian, accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for of nanking the same lawsuit. Given that she was served while in christian, the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Debate Summary: of Depression Essay, Bavaria. Please discuss fully whether you believe that assumption is valid and whether the christian, service on of gangs, Isolde in christian environmental, the hospital establishes jurisdiction.

The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an of gangs issue) prescribes a statement of christian I ssue to invasion of nanking precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next to christian assist the history of gangs, professor in recognizing the topic (issue). Subject-matter jurisdiction.

The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on christian environmental, the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. Invasion Of Nanking. [The facts do not give sufficient information to know how long Isolde had been living in christian, 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 beveridge, Swabia for more than one month, but not the christian, two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see if she would enjoy 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 of nicea Swabia with the christian, 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 federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the contract, Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to environmental stay indefinitely, so the District Court in invasion of nanking, Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Christian. Because this has not been litigated, it can be raised on of nicea, collateral attack in environmental, the enforcing court. Council. [We would have preferred a discussion at this point that specifically points out christian environmental that Isolde never even appeared in the first action. Most of you could have improved your answers by of nicea making better use of the christian environmental, facts to psychological contract definition support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is christian environmental, because she did not appear at all in the original action. 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 which they are situated, so the District Court can exert personal jurisdiction over of nicea an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to environmental it as a forum selection clause in part of the Summary:, 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 this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to christian environmental important distinctions. Others simply didnt know what to do with the Debate The Causes, fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of christian environmental contract, arises from the defendants act of psychological entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to the Banks main office in Prussia.

Isolde will counter that her act was signing the documents, which took place at the furniture shop in environmental, Swabia. This is a valid argument so long as the invasion, court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the environmental, contract, which causes an in state result, the execution of the contract. Essay. [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 christian this problem. The statute covers transacting business in arius, the forum state directly or by christian an agent. Like McShara in of nanking, Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank.

You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for christian environmental speculating that Isolde didnt know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. History Of Gangs. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of christian life, liberty or property without due process of law.

The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in william beveridge 5 giants, International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the forum, such that the environmental, assertion of jurisdiction would not offend traditional notions of Summary: of Depression fair play and christian, substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to history of gangs provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the christian, loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by of gangs many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. Christian Environmental. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and psychological contract definition, substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in christian environmental, Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. William Beveridge 5 Giants. The interest of the forum state in adjudicating the dispute would be well served because of the christian, choice of Debate Summary: The Causes of Depression law provision; Prussia has an interest in adjudicating its own laws.

The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an environmental unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on arius, a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at christian, length personal jurisdiction, subject matter jurisdiction, and service of process in definition, the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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100 Writing Practice Lessons #038; Exercises. Christian Environmental! Want to become a better writer? Perhaps you want to write novels, or maybe you just want to get better grades in your essay writing assignments, or maybe you#8217;d like to start a popular blog. If you want to write better, you need practice. But what does a writing practice actually look like? In this post, I#8217;m going to Debate The Causes of Depression give you everything you need to environmental kick off your writing practice and become a better writer faster.

This was the question I had when I first started The Write Practice in 2011. Essay The Plains! I knew how to practice a sport and how to practice playing an instrument. But for some reason, even after studying it in college, I wasn#8217;t sure how to practice writing. I set out to create the best writing practice I could. The Write Practice is the result. I found that the best writing practice has three aspects: Deliberate . Writing whatever you feel like may be cathartic, but it#8217;s not an christian, effective way to become a better writer. You#8217;ll get better faster by about Plains on Canada, instead practicing a specific technique or aspect of the writing process each time you sit down to write. This is why we have a new lesson about the writing process each day on The Write Practice, followed by a practice prompt at environmental the end so you can put what you learned to use immediately. Timed . It#8217;s no secret writers struggle with focus. There are just too many interesting distractionsFacebook, email, Kim Kardashian#8217;s Instagram feed (just kidding about that last one, sort of)and writing is just too hard sometimes. Setting a timer, even for just fifteen minutes, is an easy and The Hudson effective way to stay focused on what#8217;s important.

This is environmental, why in our writing practice prompt at the end of each post we have a time limit, usually with a link to an online egg timer, so you can focus on deliberate practice without getting distracted. Feedback . Getting feedback is one of the requirements to of gangs deliberately practice writing or any other craft. Feedback can look like listening to the reactions of environmental, your readers or asking for constructive criticism from editors and other writers. This is why we ask you to post your writing practice in the comments section after each lesson, so that you can get feedback from other writers in The Write Practice community. It#8217;s also why we set up the Becoming Writer community, to provide critique groups for writers to get feedback on their finished writing pieces. Our 100+ Best Writing Practice Exercises and Lessons. Now that you know how we practice writing at contract The Write Practice, here are our best writing practice exercises and lessons: All-Time, Top 10 Writing Lessons and Exercises. These ten posts are our most viewed articles to boost your writing practice: 1. How To Use Neither, Nor, Or, and Nor Correctly . Even good writers struggle figuring out when to use neither/nor and christian either/or. Debate Summary: The Causes Of Depression! In this, the most popular post on The Write Practice, our copy-queen Liz Bureman settles the confusion once and for all. Click to environmental continue to the writing exercise.

2. Do You Use Quotation Marks or Italics for beveridge 5 giants Song and christian environmental Album Titles? The wrong punctuation can make any writer look silly. If you#8217;ve ever been confused about william 5 giants whether to use quotes or italics for song titles and christian environmental album titles, this post will clear things up. Click to continue to the writing exercise. 3. Of Nicea Arius! Ten Secrets To Write Better Stories . How does Pixar manage to create such great stories, year after year? And how do you write a good story? In this post, I distill everything I#8217;ve learned about christian how to write a good story into ten tips. Click to continue to the writing exercise. 4. How To Use an Ellipsis Correctly . Judging by my Facebook feed, most people are using ellipses incorrectly, or at least over using them. Here#8217;s how to use those trio of periods correctly in your writing.

Click to continue to Debate The Causes of Depression the writing exercise. Environmental! 5. 35 Questions To Ask Your Characters From Marcel Proust . To get to psychological contract definition know my characters better, I use a list of christian, questions known as the Proust Questionnaire, made famous by French author, Marcel Proust. Click to continue to the writing exercise. 6. How a Scene List Can Change Your Novel-Writing Life. Creating a scene list changed my novel-writing life, and doing the same will change yours too. Invasion Of Nanking! Includes examples of the environmental scene lists from famous authors. Click to continue to of nicea arius the writing exercise. 7. Why You Need to environmental be Using the Oxford Comma . Most people I#8217;ve met have no idea what the Oxford comma is, but it#8217;s probably something that you have used frequently in your writing. Click to continue to the writing exercise. Of Depression Essay! 8. How to environmental Conduct an about The Hudson Plains, Interview Like a Journalist . The interview is the most-used tool in a journalist#8217;s bag. But that doesn#8217;t mean novelists, bloggers, and even students can#8217;t and environmental don#8217;t interview people.

Here#8217;s how to conduct a great interview. Click to continue to arius the writing exercise. 9. Christian Environmental! Why You Should Try Writing in invasion Second Person . You#8217;ve probably used first person and environmental third person point-of-view already. But what about second person? This post explains three reasons why you should try writing from this point-of-view. Click to continue to the writing exercise. 10.

The Secret to invasion of nanking Show, Don#8217;t Tell. You#8217;ve heard the classic writing rule, #8220;Show. Don#8217;t Tell.#8221; Every writing blog ever has talked about it, and for good reason. Showing, for some reason, is christian, really difficult. Click to continue to the writing exercise. 12 Exercises and Lessons To Become a Better Writer. How do you become a better writer? These posts share our best advice: 6 Lessons and Exercises from Great Writers. If you want to be a writer, learn from the psychological contract definition great writers who have gone before you: 12 Genre and Format Specific Writing Lessons and christian Exercises. Here are our best writing lessons for specific types of writing, including essays, screenplays, memoir, short stories, children#8217;s books, and about on Canada humor writing: 14 Characterization Lessons and environmental Exercises.

Good characters are the Essay The Hudson Plains foundation of good fiction. Here are our best lessons to create better characters: I talk to so many writers, some of whom are published authors, who struggle with grammar. Here are our best writing lessons on grammar: 4 Journalism Lessons and Exercises. Want to be a journalist? Or even use techniques from journalism to christian environmental improve your novel, essay, or screenplay? Here are our best writing lessons on journalism: 16 Plot and Story Lessons and Exercises.

Want to write a good story? Our top plot and story lessons will help: 6 Lessons and Exercises to Beat Writer#8217;s Block. Writer#8217;s block is real, and it can completely derail your writing. Here are six lessons to get writing again: 7 Literary Technique Lessons and Debate Exercises. Christian Environmental! These writing and of gangs storytelling techniques will teach you a few tricks of the trade you may not have discovered before: 3 Inspirational Writing Lessons and christian Exercises. Need some inspiration? Here are three of our most inspiring posts: 3 Publishing Blogging Lessons and Exercises. If you want to get published, these three lessons will help: Need inspiration or just a kick in the pants to write.

Try one of our top writing prompts: Is It Time To Begin Your Writing Practice? It#8217;s clear that if you want to become a writer, you need to practice writing. We#8217;ve created a proven process to william beveridge practice your writing at The Write Practice, but even if you don#8217;t join our community, I hope you#8217;ll start practicing in some way today. Personally, I waited far too long to start practicing and it set my writing back years. Christian Environmental! How about you? Do you think practicing writing is important?

Let me know in the comments section. Choose one of the writing practice posts above. Then, read the Debate Summary: of Depression lesson and participate in christian environmental the writing exercise, posting your work in the comments section of psychological, that post. And if you post, please give feedback to your fellow writers who also posted their practices. Have fun and christian happy practicing! You have THE BEST content for writing on of nicea this blog!! Thank you, Kristen. This made my morning. Christian! #128578; I can#8217;t remember when I started following this website. I have to look in my notebooks because that#8217;s where I did these practices. I didn#8217;t have access to a computer when I did them, so I wrote them out, setting the time limit.

But even when I do get to a computer, I have my reservations about Debate Summary: of Depression putting my practices on the page. Christian! even though it#8217;s practice, I want them to be the best, almost perfect. William Beveridge 5 Giants! But I know it won#8217;t be. I#8217;ve gotten feedback before that says so. It still gets to me that I didn#8217;t put something together that not everyone liked. I need to get over it. After all, that is what these practices are about: to learn and improve on our craft. Environmental! I don#8217;t know either, George, but it#8217;s been several years. Perfectionism is something so many of us face, and definition it#8217;s made worse when you don#8217;t have a critique community as warm and encouraging as ours is. Environmental! I hope you and everyone here are always willing to try something new, even if it comes out Essay about The Plains, a little messed up, because you know we#8217;ll support you and try to make you better. What a great share! Thanks so much!

You#8217;re so welcome, Elizabeth. Thank you for commenting. when I ran writing classes I wrote. when I am #8220;a member of environmental, writing classes#8221; the teacher/leader/facilitator is NOT MY AUDIENCE and so I don#8217;t write as well/as much. I don#8217;t get the feedback I need from fellow students because most of them have never run their own writing projects/workshops. So many people expect you to write their story for them. I#8217;ve actually got quite a few stories of me own. I have finally decided I like owning them. #128521; It sounds like you need a new critique group, Patience! Hope you can find a place where you get the feedback you need. Wow! Terrific round-up of resources. #128578; Practice is necessary, period. Psychological! It doesn#8217;t matter what you want to learn.

If you want to improve, practice is vital. It#8217;s odd. I#8217;ve known and environmental applied that principle for years on a variety of things. Painting. Definition! Drawing. Blogging. Christian Environmental! Gardening. Laundry. But never writing. Like you, I had the notion that just writing every day was all it took to improve. William Beveridge 5 Giants! Why not the christian same level of dedication to of nanking writing?

Perhaps it#8217;s time to change that! I can relate, Carrie. Environmental! It#8217;s easy to confuse the craft of writing with journaling, thinking that you can just write whatever you feel like and about Hudson Plains you#8217;ll get better, write something worth reading. The truth is that writing interesting things to read is environmental, a skill, but the good news is that you can get better at it with practice. Thanks for practicing with us! #128578; I love these suggestions , and have set Writing Practice as my homepage so the first 15 minutes of my day is spent writing, whether its a practice or exercise here or another that is sprinkled through out this site, Thank you for all you do everyone here at The Write Practice. This is of Depression Essay, great Debra. I want to write the christian environmental first 15 minutes of definition, my day too! I agree with Joe, Do it. Could be your to do list#8230; ( that could lead to something else story wse later) I love that, Debra. Such a good way to christian start your day.

The best! Thank you so much for this. History! You#8217;re very welcome! I simply LOVE all the tips and christian suggestions given on this blog. They are super helpful! THANK you.

We love sharing them with you. #128578; Hi! You forgot the link to beveridge 5 giants How to Write a Story a Week: A Day-by-Day Guide. Thanks a lot for your work! This post is amazing. It#8217;s a great post Thiago. Definitely one of our most shared. Thanks for mentioning it!

BTW here#8217;s the link: Wow!! There are so many exercises#8230;. I just love it. I am gonna really enjoy it. Awesome! Thank you for environmental reading and history of gangs practicing with us. #128578;

I only read halfway , My tootie is jumping all over christian environmental me, and typing this is a struggle when a 3yr old wants his Toy Story movie on Youtube in this computer. Thank you for this article, will come back later to finish reading. I know the feeling! Good luck! Can#8217;t wait to get stuck in with this! #128578; Very helpful! Thank you!

I#8217;ve just bookmarked this page. Thanks for this wonderful list. This is awesome! So many helpful tips. Of Nanking! I will be coming back to this often. Thanks for posting this! Wow, so many goodies! Thank you for always providing such amazing content!!

I have enjoyed all these articles. Thank you for the help an inspiration to get my writing on its way. My creativity is boosting with confidence. Tootle loo. Environmental! Amazing contents for council of nicea arius beginners like me Joe. I am highly inspired by your commitment. Thank you.

Although I have only read half of thisc article, the christian environmental practice exercises are excellent. Some of them are exactly what a beginning writer like myself needs. I am committing to at least try ALL of them. very helpful! thank you.. Amazing articles! Thanks so much for sharing! My god this article made me love this site . You know it#8217;s kinda hard for a beginner writer, who don#8217;t know where to start and fixing goals, even samll ones give us a direction . A place to go , an 5 giants, aim for our creativity so thanks you , this community and this site. Love you all . At your pens ! #128521; Wow.

This is great. I find all your posts informative, but this one is the best for me to use as a guide to get my self starting to environmental write#8230;.Thank you. Essay The! I#8217;m an old lady who wants to publish one more book before I die #8212; have published several, all non-fiction, and done two under contract to a major publisher (reference books). So help me, the christian environmental BIGGEST problem I have all along, is keeping track of the damned paper work and psychological research that goes into a book. Environmental! Yet I never ever see articles on of gangs something as simple as #8220;How to file#8221; #8212; Oh I know, there#8217;s wonderful software these days so probably I will never find a way to get paper organized #8212; everybody will use software and christian do it on the computer. I#8217;m too old for that #8212; just one look at the learning curve for software, even putting the damned stuff into computer files is even MORE frustrating than paper!! Oh well, somehow I managed in the past to get books published, I may be able to do it one more time. you enjoy writing more than anything else and you do indeed care to help others write. I love writing but translation from Arabic into English and English into Arabic is taking all of my time from the early hours of the morning till the 5 giants evening. Environmental! I will soon get all of your books in order to read them as soon as possible. One thing I am sure of.

You know what you are doing very well. Hamzah. Excellent! Many useful tips. Many thanks! Liz and Joe, I have only looked at a few exercises. Already, I am convinced that your site is one of the psychological contract best sites out there.

Thank your for sharing your wisdom. Wow, these are the best lessons and exercises for writing. Actually i#8217;m participating in christian environmental a compitition this wendsday. so, i#8217;m quite nervous and exited. this helped me a lot. Magnificent post ever I have read. This article will help me a lot to write a right way.

Thank you. i need your help to improve to become a better writer please. i think i usually commit moist of these errors and i don;t pay attention to many advices too.

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essay tenacity The Academic Essay. The academic essay is merely a specific writing genre#150;as is the love letter, newspaper editorial, or pop-fiction. As a genre, it functions within a set of norms, rules, and conventions. The purpose of this discussion is to make clear to you what those rules and norms are, and how to use them to express your argument clearly. The purpose of the academic essay is to persuade by reasoned discourse. Scholars use the essay amongst themselves to advance ideas. Its value as an instructional tool is to assist students in developing their critical thinking skills. As you recall, critical thinking is defined as: the ability to read theory accurately, appropriate it meaningfully, apply it independently, generate results based on that application, analyze the results, and form a clear argument based on those results that can be defended with a specific line of reasoning. A good academic essay engenders this process and clearly demonstrates that the christian process has been performed successfully. With this in mind let's examine how to write an academic essay.

Do you frequently find yourself struggling with the introduction to your essays? Do you not know how to begin the essay? Do you find yourself searching for a generalizing statement that will get things going, and trying to contract definition, find a delicate balance between BS'ing and environmental saying something meaningful? If so, that's because you are not following the norms for the introduction to the academic essay. The Causes? Following this norm actually makes introductions a piece of cake and gets you right into the body of the essay. Here is the norm: The purpose of the introduction is two-fold: 1. To introduce the theoretical framework that will guide your analysis. 2. To introduce the thesis statement that will organize your paper. Following this norm allows you to cut to christian, the chase.

No more generalizing statements of philosophical speculation that you venture forth hoping that it won't get shot down. You know, crap like Hemingway was perhaps one of the most visionary authors of his time. Of Depression? or The Western is perhaps the most uniquely American of all the christian environmental genres. Rather, if the purpose of the essay is to demonstrate that you have appropriated a theory and applied it independently to produce results, then the function of the introduction becomes more focused: to introduce the theory#150;or theoretical framework#150;that you have decided to use. Hence you will find that many essays begin with such statements as In his book. Or, In her essay. Contract Definition? IMPORTANT NOTE: One of the main reasons that the norm of the Introduction developed this way is because of an important rule of the Academic Essay: Avoid making statements that you cannot prove. The problem with the christian environmental generalizing/philosophical/BS'ing statements like Hemingway. William Beveridge? and The Western. is environmental, that they cannot be proven through reasoned discourse. Moreover, to even try and do so would require voluminous amounts of of nanking, discourse for something that is not even your thesis: what you actually ARE setting out to prove. As a result, the genre of the environmental Academic Essay has evolved into invasion the above norm.

It still meets an introduction's purpose of orienting the reader, it just does so in a very specific manner. Having accomplished that, the christian environmental expectation for an essay is that you will introduce a thesis statement that is directly related to that theoretical framework (or its application). As a result, a major convention of the psychological contract definition academic essay is that: The introduction ends with the thesis statement. Having stated a thesis, you are expected to christian environmental, then go and prove it through the body of the essay. That said, it is important to discuss what's at stake in making a thesis statement. There are four basic logical forms for about The Plains a thesis statement: #149; A banal thesis statement. #149; A simple thesis statement. #149; A complex thesis statement. #149; An impossible thesis statement. Let's discuss each of these quickly before moving on. A banal thesis statement is a statement that does not really say anything#150;it is in fact meaningless because it is either so overly general or so evident as to not be of significance.

Here's an example from literature. A frequent argument students will make is environmental, This author used symbolism to 5 giants, make his point. The statement, however, is environmental, meaningless precisely because it is history, not of significance: every author writing literature uses symbolism of one kind or another, either using language metaphorically or metonymically. Thus, to attempt to single out or make a distinction of a piece for using symbolism is to not say anything that even needs proving to christian, begin with. A simple thesis statement is not quite what it may sound like. William? A simple thesis statement means that only one main point or argument is going to be proved. The term simple argument can thus be misleading because the christian argument itself can and frequently is very theoretically sophisticated.

What makes them simple is that in terms of their logical structure, they only take on one line of history of gangs, proof, and hence, their organization of proof will be simple. One has to be careful, however, because sometimes one main argument may require SEVERAL supporting arguments. The example here would be the argument that Star Wars belongs within the Western Genre. Here the writer has only one thing to prove, but in order to do so will have to environmental, establish the elements that comprise the Western Genre and Essay demonstrate how the film embodies them--not a small task. Simple thesis statements are eminently preferable in terms of writing an essay for a course. It allows you to focus on your points and christian your proofs rather than getting lost in the organization of arius, your arguments.

A complex thesis statement means that the thesis has more than one point to prove. In this respect, the essay will have to organize more than one line of reasoning in so far that more than one thing has to be proven. Complex theses are not necessarily more theoretically sophisticated than simple thesis statements, they are only more difficult to christian environmental, organize clearly. In this respect, they are not worth what they entail and should be avoided. Hudson? An example of environmental, a complex thesis statement would be something like: Faulkner's novels critique the ideologies of patriarchy and racism. This would be an history of gangs appropriate analysis for the work of Faulkner, but I'm not sure it would be worth it. To begin with, it is not clear what the writer has to gain in terms of proving BOTH of these aspects of the work rather than just the one. Instead, with this complex thesis, there are going to christian environmental, be long sections of the essay where half of what needs to be proved will be left suspended while the other half gets discussed.

In addition, the council of nicea arius thesis picks the work of environmental, Faulkner which necessitates discussing every book, rather than just one. Debate The Causes Of Depression Essay? Thus it is that an important convention of the academic essay is that: A complex thesis statement can usually be restructured into a more theoretically sophisticated (if not interesting) simple thesis statement. Making an Argument. As stated earlier, the academic essay is an exercise in reasoned persuasion. In this respect, the environmental thesis statement is an william 5 giants important organizational structure insofar as it establishes how the rest of the essay will be organized. Classical logic maintains that there are 3 basic kinds of persuasive statements: statements of fact, statements of value (or evaluation), and statements of christian, policy (or action, which argue what we should do). Unless otherwise specified, the first of these, the statement of fact, is the form that the thesis statement for an academic essay should take#150;the obvious exception being when you write evaluative criticism (which you will NEVER do in council of nicea arius, my course). Statements of environmental, fact can themselves be grouped into two basic forms: arguments of classification, and arguments of operation or function. It is possible to make other distinctions, like for example, arguments of relationship (how to things relate to each other) but these distinctions can be readily subsumed into these two basic groups. Arguments of classification are when you establish some sort of criteria, and then argue that something meets or fails to meet that criteria.

The earlier example that Star Wars belongs within the Western Genre is an example of an argument of classification. Having established what comprises the Western Genre, the writer will then go on to prove how Star Wars embodies, contains, or possesses those elements. The writer will, in other words, prove that Star Wars meets that criteria. Arguments of operation or function argues in council, terms of what something does, or how it functions. The earlier argument that Faulkner's work critiques the ideology of patriarchy is an example of function. This statement argues that Faulkner's work DOES something: it criticizes the ideology of patriarchy. Note that unlike the argument of classification, the writer of this essay SEEMS to have to do more to prove their thesis. They will not only christian environmental have to define what the ideology of patriarchy is#150;and thus establish criteria#150;they will also have to demonstrate that Faulkner's work DOES something with that criteria.

The question of HOW leads to a discussion of the body of the essay. The Body of the Essay. From a conceptual standpoint, the function of the body of the essay is to prove the thesis statement laid out in the introduction. Easy enough. This section discusses how the writer accomplishes that proof. In the of nicea arius discussion of types of argument, I made the point that the writer will have to environmental, establish criteria that can be used to prove their argument. The body of the essay is the invasion of nanking location where the christian writer accomplishes that. William Beveridge 5 Giants? An introduction is precisely that: It INTRODUCES the theoretical framework and the thesis statement.

It does not DESCRIBE or DISCUSS these two things. This is a fairly common mistake that beginning essay writers make. They fear that they have not said enough in the intro and as a result, go on to discuss aspects of their theory or elaborate on a thesis. The problem with doing so is that it screws up your organization. What comes next is no longer clear to the reader. If you keep it clear to yourself that the purpose of the introduction to your essay is to only INTRODUCE your theoretical framework, and your thesis statement, then the function of the body of your essay will also become evident to the reader. They will expect you to establish criteria so that you can prove your thesis. As a result, another important norm of the academic essay is: A primary function of the environmental body of the council essay is to christian environmental, establish the criteria by which the thesis statement will be proven.

Thus it is that having argued that Star Wars is a Western, the council body of the paper is going to have to first establish the elements that comprise the Western#150;it will have to establish the criteria by which the thesis can be proven. To argue that Faulkner's work criticizes thee ideology of patriarchy is environmental, going to require that the writer establish what the ideology of patriarchy is. Establishing the criteria by which the thesis statement will be proven leads to the next logical step: demonstrating how the object under investigation meets those criteria. Essay Plains On Canada? Clearly it is not enough for the Faulkner essayist to just define what the ideology of patriarchy is. Their thesis is that Faulkner's work criticizes that ideology. As a result, they will have to point to specific things within the text and argue that they relate to those criteria IN A SPECIFIC WAY#150;in this case through a process of criticism.

This process of relating the object of christian, investigation back to the established criteria is another fundamental component of the body of the essay. Without it, the proof is of gangs, not complete. As silly as that sounds, I kid you not that the most frequent mistake of beginning essay writers is a failure to relate their analysis back to the criteria they have established. Thus it is environmental, that another important norm for the academic essay is: Relate the analysis back to the terms and concepts of the Essay about The Plains on Canada established criteria. The Star Wars example brings up another fundamental logical task to christian environmental, this process. From the beginning you have probably thought the Star Wars thesis to not be very feasible. The film is not set in the West, and of nicea it occurs in the future. The question becomes, however, whether these are ESSENTIAL criteria to the Western, and environmental if not, what is? In terms of william, proving that thesis statement, the writer is going to environmental, have to clearly establish what the elements of the psychological definition Western Genre are, and christian then relate aspects of the film back to ALL of those criteria. Herein lies the history essential importance of completeness to that process. Environmental? If the Star Wars writer establishes the of nanking criteria but can only point to the gun-fighting that occurs in the film, then their essay will fail to persuade.

Their essay will fail to persuade precisely because it inadequately addresses the scope of the criteria. Thus it is that another important norm for this process is: Fully address the established criteria. It is very important to note that fully addressing the scope of the criteria does NOT mean that the object under discussion has to christian, fully meet ALL the criteria. To stick with the Star Wars example, the writer can not IGNORE the issue of setting and even remotely hope to persuade the psychological contract definition audience. In some way, the writer is going to have to address the fact that both time and place are out of the bounds of the Western. This is the point precisely. The author will have to ADDRESS that point#150;those criteria#150;not necessarily MEET those criteria. In this respect, the writer is going to have make a supporting argument about how these criteria relate to each other in terms of comprising the genre (or in a logical sense the whole). The important point is that all criteria are addressed adequately. Failure to address any of the established criteria creates a gap in logic. Subsequently, the reasoning process (and its ability to persuade) fails.

Fully relating the christian environmental object of the thesis to the established criteria fulfills the logical requirements necessary to persuade reasonably and allows the writer to draw conclusions. Before that process is discussed, however, it is Essay about Plains on Canada, necessary to examine an important component of christian environmental, this relating back process. The Role of Description. Relating the object of investigation or the object of the thesis back to the established criteria is necessarily going to involve description. Description is 5 giants, frequently an unclear and thorny issue for writers of the academic essay#150;especially in terms of scope (how much is christian environmental, enough?).

The purpose of description, however, clarifies the issue of scope. The purpose of description to is to make clear, or establish WHAT in the object of investigation (the film, the scene, the shot) relates to the criteria being used. About The Plains On Canada? It therefore becomes important for the writer to christian, use description in such a manner as to council of nicea, establish the basis of the relationship between the object and the criteria. Furthermore, the writer should LIMIT description to accomplishing only this task. Added description is not only superfluous, but distracts from trying to prove your argument. As a result, another important norm for the body of the academic essay is: Subordinate description to the purpose of analysis. As stated above the process of fully relating the object of the thesis to the established criteria has the environmental effect of fulfilling the logical requirements.

It is THAT task which ultimately persuades, not the invasion of nanking conclusion itself. It is for this reason that, in christian environmental, some respects, the conclusion does not seem to have a FUNDAMENTAL role in the process of invasion, reasoned persuasion. That in itself probably accounts for how many dopey tips exist for what to do with a conclusion, like: repeat the environmental thesis statement (like people have forgotten it despite the fact that you've been working to prove it the entire time) or some other such thing. What to council of nicea, do with a conclusion if the work of proof is already done? The most effective thing to do with a conclusion is to first signal that the work is coming to close, and environmental then close off the discussion itself by stating something definitive about the work. Like the introduction, then, the conclusion has a dual role: to contract definition, signal the transition to closure, and to close the discussion with a definitive statement.

The work of the conclusion should reference the thesis, without necessarily repeating the thesis (or the environmental steps by psychological definition, which it was proven) It should then say something definitive that signals closure by pointing to the implications of christian, what you've discussed, by amplifying what you've discussed, or by contextualizing what you've discussed. In each case, you are striving to close discussion by being definitive, and history you are taking caution not to violate rule #1 of the environmental academic essay: avoid statements that you cannot prove. To stay with the running examples, the conclusion to the Faulkner paper could look something like this: . Council Arius? it therefore serves as an example of how literary texts structure their criticisms of dominant ideologies. Christian? (pointing to the implications of proving your argument). Thus, far from of nicea arius being a portrait of its time Faulkner's work demonstrates that literary works actively engage ideologies. (amplifying your argument) Rather than a story centered exclusively on war, Hemingway's novel instead participates in the reinforcement of dominant ideologies with American culture. (Contextualizing the argument) Note that the similarity here is how definitive these statements are. They draw upon the work that has been done, but say something different and final that is logically based upon what has been discussed. There are, of course, variations on the genre of the academic essay--some rather large difference exist, for example, between the social sciences and christian environmental the humanites. This discussion is based on william beveridge 5 giants the humanties approach. Other variations can result from the idiosyncracies of specific instructors.

To the degree that what is written here sounds heavy handed and inflexible, I caution instead that such tone is trying to reflect the manner in which your own analysis and writing will need to sound precise and rigorous#150;the standards by which the academic essay is evaluated. The precision and environmental rigor with which these norms and conventions are applied should function only to demand that your own analysis and reason engender these standards. They are thus meant to elevate your thinking, not control it. The principles by which the academic essay structures itself is designed to be a discipline that frees your thinking, not subjugate it. Within its conventions is unlimited creative potential whose only arius demand, ultimately, is that you say something meaningful that others can be persuaded of via your logic. What I have attempted to do here is make the norms and christian conventions of the genre explicit so that you can refine your skills working within it. Mastering this genre has the benefit of developing your skill to definition, analyze situations using explicit criteria, and be able to environmental, make decisions based on that analysis.

More than a few people have found that possession of such a skill is invaluable in life and psychological contract professional endeavors.