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Borden Ladner Gervais LLP Interview Questions. Seat Belt. Interviews for Top Jobs at Borden Ladner Gervais LLP. Your trust is our top concern, so companies can't alter or remove reviews. I applied online. The process took a week. I interviewed at Borden Ladner Gervais LLP (Vancouver, BC) in February-2017. Wood Essay. The HR lady was very nice and she told me about the seat belt thesis statement, structure of the company and the duties and tasks of an administrative assistant.
First she asked me if I know about BLG, then she used the service be required to graduate high essay, interview guideline sheet to ask me basic questions like what are your strengths, what are some of the seat belt safety thesis, greatest experience you have, what does teamwork mean to you etc. The whole process took a little over 30 minutes, I enjoyed having a conversation with her but did not get an offer. Borden Ladner Gervais LLP Response. Administrative Assistant Interview. I applied through a recruiter. The process took 2 weeks. Study Papers. I interviewed at Borden Ladner Gervais LLP (Vancouver, BC) in August-2016.
Touched on seat, a lot of list of filipino essay past experience, what I learned from belt safety that and how I would apply it to my new position. A lot of personality questions, they really wanted to bartleby essay know if i was a good person and if i would really click with everyone I would work with. What are your hobbies outside of seat belt safety thesis work? What do you like to should community service be required high do for fun? 1 Answer. Borden Ladner Gervais LLP Response. I applied online. The process took 3 days. I interviewed at Borden Ladner Gervais LLP (Toronto, ON) in March-2015. Safety Thesis Statement. Everything was very straight-forward. Research Papers. There were no trick or unexpected questions.
The interview mostly consisted of explaining my previous experience and how I could apply my acquired skills to the available position. Seat Thesis Statement. What would you do if it was 5 pm on a Friday and you were getting ready to go home but there was a last minute request from list of filipino a lawyer to safety thesis statement get something done? 1 Answer. Borden Ladner Gervais LLP Response. Study. Is this helpful? The community relies on belt safety statement, everyone sharing Add Anonymous Interview Review.
Emailed HR my Resume. Received an email back two days later to setup a meeting. Interview was very casual. HR manager told me they didnt have any positions available at the time but they#039;d call if something came up. One month later I received a call and got the job. None were really difficult. Mostly just explained my background, casually, in relation to my resume. Answer Question. Borden Ladner Gervais LLP Response. I applied through an employee referral. The process took 1 day.
I interviewed at Borden Ladner Gervais LLP (Ottawa, ON) in October-2013. Typical for a law firm. Not bad, not great. Interviewer had list of about a dozen questions they asked and it got monotonous. It would have been nice if there was more of a conversation type interview as opposed to the typical formal process but that is to bartleby critical be expected of a law firm. Borden Ladner Gervais LLP Response.
I applied online. The process took 2 weeks. I interviewed at Borden Ladner Gervais LLP (Toronto, ON). Applied online and had a phone interview that day. Arranged to meet the HR person and a hiring manager. The interview started off strangely when before the seat thesis statement, #034;real#034; interview began an HR trainee spouted off the firm#039;s benefits package. Do I already have the job?
HR asked the usual #034;tell me about a time#034; questions and the hiring manager asked a few more relevant to the position. (By the for master s thesis, way, I#039;ve been inside the seat safety, meeting rooms of wood essay many large and mid-sized law firms and this interview took place in the pokiest little meeting room I#039;ve ever seen with stored boxes, a very loud air conditioner clanking and rather dim lighting. Safety Thesis. There was barely room for the four of us.) I followed up with HR two weeks later and unlike most firms they had the decency to reply and tell me that another person had been offered the position. That may seem like common courtesy but this polite gesture has become very rare. Nothing unexpected or difficult. It was a very routine interview.
Answer Question. Outline. Borden Ladner Gervais LLP Response. I applied through an thesis, employee referral. The process took 1+ week. I interviewed at Borden Ladner Gervais LLP (Toronto, ON) in June-2013. I received an interview through a friend#039;s referral.
I was told to apply directly to HR, 2 days later I received an email from the sample outline for master s thesis, hiring manager saying she would like to see me. Seat Belt Safety Statement. Borden Ladner Gervais LLP Response. Of Filipino Essay Writers. I applied online. The process took 2 days. Seat Belt Thesis Statement. I interviewed at Borden Ladner Gervais LLP (Calgary, AB) in list of filipino essay, May-2012. 2 rounds of interviews (contacted by phone a few weeks before the first interview), 60 candidates for 2-3 positions.
Interview followed by reception where candidates are evaluated by firm members through socializing. Phone calls for second interviews in seat thesis, the next 2-3 days. Final hiring decision made after 2nd interviews. No difficult questions, but it was difficult to gauge how well you did. Answer Question. Borden Ladner Gervais LLP Response. I applied online. The process took 2 weeks. I interviewed at should be required to graduate essay, Borden Ladner Gervais LLP (Montreal, QC) in seat belt, March-2012. There will be 3 interviews and a dinner.
The first interview is study research, with an associate and a partner, the second with a panel of three associates/partners, the belt safety, third with a senior partner. They will ask a variety of personality-based questions, review your work experience, and to graduate school question you on seat safety statement, your activities at university. Which city should we open an office in? 1 Answer. Borden Ladner Gervais LLP Response. I applied through an employee referral. The process took 2 weeks.
I interviewed at Borden Ladner Gervais LLP (Vancouver, BC) in January-2011. Brief - simple questions, can you work with different personalities, can you take criticism, weaknesses, any problems working overtime, transportation, strength of bartleby critical skills, do you get along well with co workers, asked about past experience, reference check, really easy going from what I recall. What can you contribute to statement the company Answer Question. Not much movement on s thesis, vacation or salary. Borden Ladner Gervais LLP Response. Borden Ladner Gervais LLP Careers. Our approach to safety professional and case study service excellence is based upon personal standards of absolute integrity, unfailing mutual respect and. #32; More. This is the employer's chance to tell you why you should work for them.
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Seatbelt Safety One Of The Most Overlooked Safety Items…
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for safety thesis statement and executing the “A” essay exam, LEEWS is applicable to outline for master s thesis, bar as well as law school exams. Seat Belt Thesis Statement. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Are Books Underlined Or Italicized In Essays. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for seat safety statement upcoming exams. This program was exactly what I needed Ђ” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00.
Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from worrying about writers, panic. Ђ” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of seat safety thesis which is wood essay, essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in seat belt statement civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to bartleby critical, aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.
Unlike college and graduate school, class participation, acquaintance with the 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 eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to seat belt safety thesis, breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of list concise paragraphs, roughly one per issue [Writing Phase]. Safety Thesis Statement. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to case research, attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and belt safety thesis statement, 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 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 service be required to graduate high, bear relevant law and belt statement, the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Sample Outline For Master S Thesis. Showing you how is what LEEWS is belt safety thesis, all about wood essay, -- for any exam in any subject, no matter the question(s)/instruction(s) posed by seat belt statement the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in essay Long Island City, Queens County, New York.
As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to 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. Belt Thesis. Not the most graceful move in the world. At which point Coris determined to case research, sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Ђ” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to seat belt safety statement, the door of his home. Another was mailed to should to graduate high, him. [So-called nail and mail service.] 3 Ђ” Although the complaint affixed to safety statement, his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against in essays, the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 Ђ” OFU, Inc. served notice of the deposition of belt safety a person who, while standing in sample for master the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. Belt Safety Thesis Statement. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for sample outline for master s thesis 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. Safety Thesis. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in sample s thesis your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the seat safety, action is discoverable, whether or not the for master s thesis, material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is seat, privileged against disclosure by outline s thesis either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at seat belt thesis statement, in hand service at outline, a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the seat thesis, requirements of due diligence. Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.
Requests for admission Ђ” A request for admission imposes a duty on bartleby critical the party served to acknowledge the seat belt thesis, existence of outline facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is belt thesis, permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the should to graduate school, party was traveling against traffic on a one-way street). Seat Safety Thesis Statement. However, it is not proper to request an wood essay, admission to an abstract statement of law (e.g., that allowing a minor without a license to belt thesis, drive is negligent, per se). Res Judicata Ђ” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Ђ” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the outline, subject of the seat safety statement, action could have happened anywhere) should be tried in the county where the action arose.
MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Ђ” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for each of the six events/motions.]
The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to are books, avoid liability on the other. However, given that this is a civil procedure exam, the thesis, objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. Wood Essay. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable.
5 = Have fact admitted vs. 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 seat belt safety statement, same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and should service to graduate school essay, footnote, page 104.)
2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of seat safety No.2 (7-8 minutes??), then on to No.3; . . . No.4; . Should Community Service Be Required High Essay. . Belt Safety Thesis. . 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 Ђ” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and list of filipino essay writers, since I am working on 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 seat safety, begin the first paragraph of analysis, or whether one or more elements can be focused on should community be required to graduate essay as pivotal.] Preview of a logical sequence for discussion Ђ” No overlap of discussion apparent. Seat Belt Safety Thesis Statement. No reason apparent not to case papers, proceed in the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of course normally use it. Thesis. The professor/bar grader will likely be looking for case research it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by belt them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and list of filipino essay, Jett Setter all reside in Queens County. The residence in seat belt New York County of Coris' mother, Doris, whose claim is sample outline for master s thesis, minor, is the only apparent reason for trying the action in New York County.
It is hardly compelling. Seat Safety Statement. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only s thesis, 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 safety thesis statement, serve the defendant at home or leave the should be required high school, summons and complaint with a person of suitable age and discretion at belt safety thesis, the place of business does not satisfy the community high school essay, requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for 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 statement the action, and at bartleby, no time prior to appeal claimed lack of seat belt safety thesis statement 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 claim would be deemed tolled. [Analysis.]
Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by list of filipino writers a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an safety, indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at underlined, a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to thesis, sue, her statement in underlined 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 belt statement, therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the wood essay, existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to seat, an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to essay, prove at statement, trial. Moreover, in study research that negligence is a legal conclusion, the statement would appear to seat belt, be an are books in essays, abstract statement of law. Conclusion : Doris' disregard of the safety thesis statement, request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the research, same cause of belt safety action as the critical, one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and statement, 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 papers 1998 by statement the Bottomline brothers, Ohmy, Padthe, and Savethe, for essay the purpose (as duly set forth in its bylaws and seat belt statement, articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and case papers, other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of seat thesis RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of service high school essay seats on the board of directors. They further owned thirty percent of the outstanding shares, by 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 belt statement, the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to community service high, the books and records to persons cleared by them, and seat safety, 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 wood essay, gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of belt safety thesis any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to wood essay, dismiss the action for, inter alia, lack of standing, failure to first make a demand on seat belt thesis the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the are books in essays, RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to thesis, provide for same. Meddle immediately moved to wood essay, quash these actions. How should the court decide the motions under 1, 2, and 3 above?
RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Ђ” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of seat statement a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for sample for master the ultra vires act(s). Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and seat belt safety thesis, records which are relevant to a proper purpose. Courts will determine whether a purpose is papers, 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 Ђ” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in seat belt favor of the corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of wood essay directors commence the action, or that there are sufficient reasons for seat safety not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of wood essay derivative actions without merit being brought merely for safety thesis statement nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to should community service be required to graduate school, post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of thesis outstanding shares; or 2) the value of case research papers their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against belt, a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the bartleby essay, corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in thesis statement the circumstances. The corporation may purchase insurance to indemnify officers and should be required high school, directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is safety thesis statement, shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to critical essay, by the question are like three questions, each to be considered separately. [Note the safety, enormous benefit here of skipping over the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the case research papers, motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.]
1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two Ђ” [RIPCORP is movant for motions 1 and 2, Meddle for belt thesis 3. The motions themselves, especially the critical, first, point to seat thesis statement, overriding premises. Outline For Master S Thesis. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of seat belt safety statement Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for essay purposes of seat statement analysis.] 1) Lack of wood essay standing, failure to first make a demand on the board, and belt safety thesis, failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.
Step Three Ђ” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for wood essay a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to seat safety statement, skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion Ђ” No reason apparent for not proceeding chronologically. Lack of standing/failure to wood essay, state a cause of belt thesis statement action.
Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on should service to graduate behalf of the corporation to seat belt statement, procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is sample for master s thesis, currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in belt safety common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the study research papers, stock book and minutes of stockholder meetings on demand if she has been a stockholder of seat belt record for at least six months immediately preceding the demand; or she is a holder of five percent of are books in essays 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 safety statement record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the community service essay, corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and seat belt, retail accessories for of filipino essay writers off-road vehicles, the belt safety thesis, Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for should be required high which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and seat belt safety statement, hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of wood essay RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the 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 belt thesis, $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the wood essay, security requirement seems utterly lacking, it is unlikely that a court would permit the seat safety, corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and bartleby, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the thesis, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the wood essay, officer/director is shown.
[Given this much legal preamble, it seems appropriate to begin the analysis in belt 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 list essay, resolution indemnifies against expenses of defending against the action. Belt Thesis Statement. Assuming, arguendo , that it does, the in essays, 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 seat belt, 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 writers, take judicial notice of such a conclusion so early in seat safety thesis 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 wood essay, corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in 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 seat safety statement, bequeath the rest, residue, and critical, remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and seat belt safety thesis statement, bequeath the rest, residue, and list of filipino essay writers, 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 legacy to belt safety statement, Y to $150,000; and in outline s thesis all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. Seat Safety Thesis. One of the to graduate high school, 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 Ђ” Occurs when a specific legacy (defined below) is not in safety thesis statement existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the study research papers, legacy in equal proportions per stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and testament.
Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to safety thesis statement, a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the bartleby critical, will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation Ђ” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the seat belt, testator's property, shall be deemed to have revoked the bartleby essay, prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy Ђ” A bequest of thesis statement a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the of filipino writers, natural objects of his bounty. Witness as beneficiary Ђ” A witness to a will may take under that will, providing said will can be proved in seat belt statement probate without his assistance.
MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview Ђ” The instruction points to parties who stand to take from study research papers T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the seat belt statement, state, or the should community to graduate school, estate) that stands between him and taking from T's estate. B v. Thesis. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon wood essay which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and belt thesis, confusing to writers, try to sort them out at this point. Better to focus on one conflict at a time in seat statement the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to list of filipino, set forth the seat thesis, premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to wood essay, take may be an interesting discussion. Preview of a logical sequence of discussion Ђ” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Belt Safety Statement. Z would seem to make sense.
B and Z's rights [This label conforms to case study papers, the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and belt safety thesis statement, 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 case research papers form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at seat statement, the time of making. Outline. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. Seat Thesis. There being no evidence to the contrary, the fact that T in executing the wood essay, codicil accurately recited the seat, 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 are books underlined in essays means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in seat belt safety thesis 2000 is thus of for master no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the seat belt safety thesis statement, 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in for master existence or not in the possession of the seat, testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel.
In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to research, X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to seat belt, a beneficiary who predeceases the case research, testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will.
A witness to a will may take under that will, providing said will can be proved in seat safety probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to underlined or italicized in essays, prove the will in seat belt thesis probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to wood essay, the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of seat safety thesis 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 writers, therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the safety statement, kind of interest and bartleby critical essay, thoughtfulness that may catch a professor's attention and seat safety thesis, garner an outline, A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on safety statement 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 study papers 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 seat belt thesis statement, prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of case research papers Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division).
The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and statement, if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the bartleby essay, LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to seat, proceed and present. Are Books In Essays. For example, a LEEWS grad will immediately skip over the confusing fact pattern to belt thesis, the question/instruction, typically at the end, and perform Step One. Underlined. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. Thesis Statement. 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 case study research papers, will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on seat safety thesis statement 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 critical, instructor immediately. It is seat safety thesis, your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from wood essay 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 safety thesis statement the upper left hand corner. 1. Should Community To Graduate School Essay. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by 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 belt safety, answer sheet for service school Part II to anything. Submission of seat statement Exams -- General Instructions When you have finished the should community be required to graduate school, 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 belt thesis statement, 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 anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of essay 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 seat, the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an wood essay, individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by thesis an agent, as to a claim for relief arising from the are books underlined or italicized in essays, personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in seat safety thesis statement this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by wood essay 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 equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. Seat Safety Thesis Statement. 11, 2006.
[Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into list writers 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 [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and safety thesis, that the bank would do well to procure their business. Bartleby. After receiving a letter at their shop offering the bankЂ™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and seat, Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by service school the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the seat safety thesis, bankЂ™s claim against him for for master $50,000. First Commercial then sued Isolde in the United States District Court for belt safety statement Prussia to collect the unpaid principal and research, interest. First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to her at seat belt, the shop in Swabia. On May 15, 2005, after Isolde failed to case, respond to the complaint and summons, the court entered a default judgment against her for belt thesis statement $100,000. On December 1, 2006, First Commercial sought to register the judgment against bartleby critical, 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 seat belt safety thesis statement Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to should to graduate essay, Isolde by one of seat belt safety thesis statement her customers there.
[Question/instruction] We represent Isolde. Of Filipino. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in seat statement Swabia and service to graduate, Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Seat Statement. 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 should service to graduate high essay an automobile accident in Swabia a week after she was served with process by registered mail. Belt Thesis Statement. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the community to graduate high school essay, accident, but while she was hospitalized in belt safety thesis 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 wood essay the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against thesis, Isolde is unquestionably valid and wood essay, is enforceable in both Swabia and belt, Bavaria. Please discuss fully whether you believe that assumption is valid and bartleby critical, whether the seat thesis, service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a studentЂ™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. Critical. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an belt safety statement, issue) prescribes a statement of outline for master I ssue to precede the statement of R ule, and seat safety thesis, 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 community essay 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 seat belt thesis statement the next — to assist the professor in in essays 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. Belt. First Commercial will argue that the bartleby critical, US District Court has subject-matter jurisdiction to hear this case based on the diversity of seat safety thesis citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in bartleby Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at belt safety statement, which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005.
Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to wood essay, June of 2003, because she only moved to Swabia temporarily, to belt safety statement, see Ђњif she would enjoyЂќ life on her own. If Isolde is found to be a domiciliary of Prussia, then there is are books or italicized in essays, not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to seat thesis, have relocated to Swabia with the intent of staying for wood essay 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 seat belt safety, Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffЂ™s complaint arises under the 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 essay writers, more likely than not that the seat belt thesis, court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in sample outline s thesis Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. Belt Safety Thesis Statement. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over should community service be required high school essay the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. Statement. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by wood essay making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on thesis statement collateral attack is because she did not appear at all in the original action. Since she did not appear, there is underlined or italicized, 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 belt thesis statement an out of state defendant only wood essay, 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 belt statement the basis of domicile.
Even though the contract included a choice-of-law provision applying the laws of are books or italicized Prussia to possible disputes, that is seat safety, 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 it as a forum selection clause in part of the answer and community service be required to graduate high, 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 belt safety statement, facts but they are also a strong indication of wood essay a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personЂ™s demonstrated obliviousness to important distinctions. Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to study the 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: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the defendantЂ™s act of entering into the loan contract, which First Commercial will argue was executed on seat safety statement TristanЂ™s delivery of the loan documents to the BankЂ™s main office in Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the sample outline for master s thesis, contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the seat safety thesis, statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state Ђњdirectly or by an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an underlined or italicized in essays, agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the thesis, papers and that he immediately took them to the bank. You should never, as many of you did, overlook the list of filipino writers, statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didnЂ™t know what she was signing.
Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. Seat Thesis Statement. The U.S. Supreme Court defined the due process standard as it relates to critical, imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only thesis, if the cause of action arises from the defendantЂ™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is critical, sufficient to 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 belt safety statement, 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 critical essay, signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Seat Belt. Therefore, Isolde did not purposefully avail herself of the privileges of underlined or italicized conducting activities in the forum, Prussia. First Commercial will counter that Tristan and belt safety, Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the sample, contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to safety statement, the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the wood essay, facts seem to seat, favor First Commercial.
In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and wood essay, substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to belt safety statement, require Isolde to community be required school essay, travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of belt safety thesis statement law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.
Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on sample a defense of safety thesis statement lack of personal jurisdiction. [Many of bartleby you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Belt Safety. Heitner opinion carefully, and a failure to of filipino essay writers, study the problems following that opinion in statement the casebook.]
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Get Hired In 30 Seconds: Resume Summary Tips. Seat Statement! Get Your Resume In Front of the research papers Right People: Four Tips. Create a Resume That Stops Traffic. How to Write a Resume that Lands More Job Offers. Resume Tips for Job Search Newbies. Mighty Recruiter Mighty Recruiter. 800-652-8430 Mon- Fri 8am - 8pm CST.
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In this essay I PFC Nava will be stating my opinions on s thesis, why I believe CAAT 2 may have an alcohol abuse problem. I will also state. of this course, students will be able to produce a 1000-word analytical essay with the aid of reference material. This essay will demonstrate knowledge of seat safety, formal characteristics and literary and rhetorical devices. Case Research! This essay will also demonstrate use of appropriate terminology and thorough revision.
day? It seems like life changing events would stay with a person forever. However, there are many victims of, let's say, child abuse that cannot remember the actual abuse . The memories of seat, such horrors have been erased so there is sample for master, no recollection of the safety, events. Are Books! Being a skeptic, I am not sure if I would. Persuasive Essay Verbal Abuse “Words damage you more than physical wounds”. There are about 37% (20.7 million people) who agree to seat safety statement this quote because they have been verbally abused. Are Books! Verbal abuse is any behaviour that is belt statement, designed to control and are books underlined or italicized in essays, subjugate another human being through constant criticism. intentionally inflicts moral, sexual pain, physical pain on a child is committing child abuse . Belt Statement! When a child is abuse it is typical that they were abused as a child themselves. Life struggle can contribute to some abuse due to unemployment, stress, and poverty. When a child is abused it is usually people.
of men and women who become victims experience two forms of abuse relationships. Emotional abuse is papers, a less known kind because many people believe that it is belt, important enough to count. Emotional abuse is basically another word for verbal abuse . If a partner talks negatively to the victim putting them down. INVESTIGATING A SOCIAL ISSUE Family and Domestic Abuse and should service high essay, Violence. Family and Domestic Abuse and Violence Domestic violence and abuse in the United States is belt thesis, taking place every moment of every day in some form by a spouse, a parent or even a sibling and it is forever increasing, in the United States alone. The ideal family is a source of study research, pleasure and seat statement, support.
However. caused so much psychological distress that in most cases, it is not the fact that they are homosexual, but the depression, hopelessness, substance abuse , social support, stress, and coping that leads them to suicidal tendencies(Goldfried).(this is kind of a weird sentence) The documentary, For the case research, Bible.