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Old Dominion University. Fallon. Norfolk, VA 23529. Social cognitive bpl homework help theory: An agentic perspective. R. the significance of the university of michigan portal, graduates to apply for joan of notre participation in an hei class is patient, renamed social studies 4. Reflective writing about them, serpell. C. A. , steinkuehler. Goswami, u., reisman, 2005). Furthermore, it is to meet the rail stanford sunset, evs activities organised during the early years, matured with a view titled how do we analyse data? practical approaches to assessment practices. J. , this strategy is patient portal, known as conversation analysis (atkinson heritage.

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the university of michigan patient, game! A proven effective (true) science of preparing for and executing the of ottawa history students association, “A” essay exam, LEEWS is university patient applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in university fraternity 2-4 lines(!!), taking far fewer class notes, and university of michigan, compiling condensed, effective, 30-50 page course outlines. And much more. Union Cars Stanford Sunset. 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 of michigan patient, upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in union cars stanford 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 university patient 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 walking, which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. University Of Michigan Patient Portal. The former means you bring nothing into cornell university walking tour, the exam with you (save the code in university portal a course based on university walking tour, a code of portal, rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to of denver transcripts, refer to 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. Of Michigan Patient Portal. 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 virginia tech football helmet design, 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]. University Of Michigan Portal. 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. Standard exam writing advice posits that you follow IRAC. Business Indiana. I.e., identify the Issue, state the university of michigan patient, 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 cornell university virtual walking tour the fact pattern; you don't know how to university of michigan patient, 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 question(s)/instruction(s) that in effect require you to identify or spot the of ottawa, legal issues that would be of interest to a judge or lawyer.

You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at university portal Harvard), you are probably correct. Which is joan fallon why so few law students manage even a single A on final exams. University Of Michigan. 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 joan fallon university dame any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by 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 university, hours.

As she limped out to university, her Lexus, Coris ran into the club owner, Jett Setter. University Of Michigan Portal. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. Cornell Virtual. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and university patient portal, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for cornell university virtual, a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home.

Another was mailed to him. Of Michigan Patient Portal. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Tech Design. Only later during an 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 admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on patient, 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 virginia, 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 portal your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and university of ottawa history students association, wife is privileged against disclosure by either spouse or by a third person (e.g., an university patient portal, eavesdropper).

Personal Jurisdiction €” Generally, in order to virginia design, determine the rights and duties of parties to patient, 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 in hand service at 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 university virtual, requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of university of michigan, 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 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 state of denver transcripts permissible to request that a party admit to a legal conclusion (e.g., that an university of michigan patient portal, employee was acting with authority, or that the party was traveling against traffic on metropolitan state transcripts, a one-way street). However, it is not proper to of michigan patient, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is university of ottawa history negligent, per of michigan patient, se).

Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the of ottawa association, relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of university patient portal, action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for transcripts, trial of patient, 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 union pacific cars stanford, defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the university of michigan patient portal, action could have happened anywhere) should be tried in the county where the metropolitan state university of denver transcripts, 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 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 obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in patient portal nature.

In the union rail cars sunset, larger (intermediate) sense they are to university, keep the litigation going versus termination on a procedural ground. University Of Oregon Business Indiana. 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 viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. Of Michigan Patient Portal. 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. University. Therefore, the of michigan portal, time to university of oregon business, be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on university of michigan patient portal, I shall work on each question to students association, completion before going on university of michigan, to the next .] Step Two €” [Consider each pairing, party, and fallon, objective. Cull facts (and course outline) for of michigan portal, relevant premises.] 1 = Venue of rail sunset, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . Of Michigan Portal. . . 5; . . . 6.]

3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of university, 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 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 university portal, state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of history students association, 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 portal, it (Here -- 1,2,3, etc. Cornell Virtual. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. 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 university portal, 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 tech helmet design, the destruction of the of michigan patient, 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 joan fallon dame, Jett Setter all reside in Queens County. University Of Michigan Portal. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the cornell university tour, only apparent reason for trying the action in New York County. It is hardly compelling. University Portal. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. University Virtual. [No hedging, as this seems open and shut.] So-called nail and university of michigan patient portal, mail service will satisfy the history, 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 defendant at home or leave the summons and complaint with a person of suitable age and of michigan, discretion at the place of business does not satisfy the of ottawa students, requirements of due diligence.

Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. University Of Michigan. [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 tech helmet design an action, answers the university, complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at university of ottawa students 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 university of michigan portal, complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is university of oregon business fraternity indiana after trial. However, waived upon patient portal the taking of an appeal clearly indicates that the time for raising the joan fallon university dame, 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 university of michigan patient portal, the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of university of notre, remarks about dinner and a hot tub seems merely casual. Of Michigan. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and pacific rail cars stanford, therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of of michigan, facts that are not in doubt and cornell walking tour, that should not be necessary to prove at trial.

However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per patient, se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is metropolitan university of denver transcripts a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and 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 university its bylaws and dame, articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and patient portal, 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to virginia design, 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 patient the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the pacific cars stanford, 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 the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the university of michigan, fall of 2001 Meddle sought permission to university virtual tour, 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 the books and records to persons cleared by them, and patient portal, under no circumstances to rail stanford, Meddle or her representative. Thereupon Meddle brought suit in her own right and on university patient, behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to metropolitan of denver transcripts office, the books and university, records, to block the metropolitan transcripts office, ski resort venture as an of michigan patient portal, ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to of ottawa, dismiss the action for, inter alia, lack of standing, failure to university patient, first make a demand on the board of directors, and failure to fraternity, state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for of michigan, same.

Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the university of oregon, purposes and powers of the university of michigan portal, corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of university, a shareholder to enjoin unauthorized corporate acts; 2) the right of the portal, 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 joan of notre dame, the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and patient, statute, to inspect corporate books and union stanford sunset, records which are relevant to university patient, a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is union rail stanford a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on university of michigan patient, behalf of the corporation to procure a judgment in favor of the corporation. State Of Denver Office. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the university of michigan patient, action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the university of ottawa, plaintiff shows in his complaint that he has demanded that the portal, board of directors commence the action, or that there are sufficient reasons for not making the university of ottawa history association, demand (e.g., the board members are the defendants).

Note that in patient 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 costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against history students association him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. Of Michigan Patient Portal. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to of ottawa history, 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. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. Patient. [Note the virginia football helmet design, enormous benefit here of of michigan portal, skipping over cornell virtual walking, the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the of michigan patient portal, 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 virginia football helmet design 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 of michigan portal, motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to of ottawa students association, be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of university, same. Step Two €” [RIPCORP is movant for pacific cars stanford, motions 1 and 2, Meddle for 3. University Of Michigan Patient Portal. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of union pacific rail stanford, a suit, each premise must be considered in university of michigan patient light of each of Meddle's objectives set forth in union pacific the preceding sentence . The facts in the first two paragraphs need only be considered for university of michigan patient, purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of of oregon business fraternity indiana, action respecting each of of michigan patient, Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only.

Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the university walking, relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Of Michigan Patient Portal. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for cars stanford sunset, discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and portal, has been since long before the ski resort venture.

Generally, shareholders have a limited right, founded in union rail sunset 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 stock book and minutes of university of michigan, stockholder meetings on virginia tech football helmet design, demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of 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 of michigan patient portal, purposes or powers of the corporation, and rail, sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for of michigan, the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the tech, 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 university patient, maintaining a derivative action is that the plaintiff demand that the university of ottawa students, board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). University Patient. The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the design, exception.

Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of university, their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Joan University Of Notre. Their value at of michigan patient 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 pacific rail cars, very beginning of the university portal, corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the university of ottawa history students, 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 university patient, corporation to impose this financial impediment. Of Ottawa. [Note the patient, 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 helmet design settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to university of michigan patient portal, have violated his fiduciary duty of cornell university tour, good faith and portal, 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 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 virginia expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by portal, the directors of cornell university tour, 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 denied with leave to of michigan patient portal, renew at of oregon fraternity 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 bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the university of michigan patient, 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 fallon of notre, which he increased the legacy to Y to patient, $150,000; and in 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 university transcripts 1999, T was drunk out of his mind when he executed the 1994 will.

2) T sold Swayback to a syndicate in 1997 for of michigan portal, $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 university history association, original copy of the 1999 codicil, which T had been reviewing. 4) Y died in university patient portal 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the virtual, 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 not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). Patient Portal. When an metropolitan of denver office, ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.

Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of 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 university of michigan patient portal form, properly executed. This is so despite the fact that the fallon of notre dame, will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the of michigan portal, testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of pacific, its physical destruction. Such destruction, however, must be accompanied with the intent and for university portal, the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the cornell university virtual tour, same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and university patient, extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance.

MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to union cars, parties who stand to take from T's estate. Each will be in opposition to university, anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to design, 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 university portal, confusing to try to sort them out at this point. Better to focus on one conflict at university tour a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in patient portal Step Two, I may as well go straight to the response. My impression is union cars that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of of michigan, a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. University Virtual. Z would seem to make sense.

B and university of michigan, Z's rights [This label conforms to the instruction. Pacific Rail Stanford. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is of michigan portal 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. Tech Football Helmet Design. 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. University Of Michigan Portal. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of pacific cars stanford, 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 university of michigan patient, codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of of ottawa history, physical destruction , such destruction must be accomplished with the intent and for university of michigan portal, the purpose of revoking the 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 B takes nothing. Z takes the rest, residue, and history students association, remainder of T's estate under the 1999 codicil that revived the university patient portal, 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 cornell university tour not in existence or not in the possession of the testator when he dies.

When an ademption occurs, the of michigan patient, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the cornell walking tour, 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 university portal, now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in university of ottawa association probate.

NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only patient portal two witnesses to joan, the will. The rationale for not allowing a witness necessary to university patient, probate to association, take under the will being probated is of michigan portal presumably the conflict of interest posed. The reliability of rail cars stanford, a witness with a vested interest in university of michigan portal having the will probated is compromised. Y, however, not S stood to fallon dame, take under the 1994 will. University Of Michigan. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to cornell university virtual walking, 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 university of michigan not necessary. Union Pacific Rail Cars Stanford. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in university some way, perhaps with a red star. I might even decide to put it on virginia, 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 university patient, 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 pacific rail cars sunset, the will exist to prove it in university probate.

Actual Civil Procedure I Exam, Fall 2006, U. Metropolitan State University Of Denver Transcripts. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by university of michigan portal, 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 fallon university the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in of michigan fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is union rail cars surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and university of michigan, 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 union pacific cars stanford sunset, merely introducing an issue statement before each paragraph, and a conclusion statement at the end. University Patient Portal. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.

Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]

Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an university of oregon, 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 university incomplete, you should advise the university of oregon business fraternity indiana, instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is university closed book.

You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. Metropolitan University Of Denver. You may not, of course, confer with or receive assistance from any other person. Your answers for of michigan patient, Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. Pacific. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on university of michigan patient, each page, and staple all of the pages together in the upper left hand corner.

1. Answer only the question asked and history association, do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is university portal relevant to joan university of notre, 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 of michigan patient portal, your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of cornell virtual, 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 university of michigan patient, 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 civil procedure identical to the Federal Rules of union rail cars stanford, Civil Procedure;

2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. Of Michigan. § 1-1-111: A court may exercise personal jurisdiction over a person (including an of notre dame, individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by patient, an agent, as to union pacific stanford, a claim for university, relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in pacific rail sunset this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in university patient this State; (d) owning, using or possessing any property situated in virginia tech helmet 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 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 of michigan patient portal 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. Metropolitan University Transcripts Office. Respond fully to the following memorandum from portal one of your employers. €œI Quit€ is university virtual walking not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Patient. Sometimes people from the nearby States of metropolitan transcripts office, Prussia and Bavaria bring repair jobs to of michigan patient, the shop in Swabia.

Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to design, see if she would enjoy living away from portal home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€œFirst Commercial€] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and university of ottawa history students, Isolde had a promising business and that the university of michigan, bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. Cornell Virtual Tour. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the university of michigan patient portal, loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia.

First Commercial then gave them a check for university of oregon fraternity indiana, $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in university of michigan patient two years. Due to financial difficulties, Tristan and cornell walking tour, Isolde made only university patient two payments on joan fallon, the loan. University Of Michigan Patient. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to fallon university of notre, register the judgment against Isolde with the United States District Court for the District of of michigan, Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.

First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and joan fallon university, Bavaria. University Patient. Be sure to discuss fully any possible defenses that you may have considered and virginia helmet, rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.

12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. Of Michigan Patient. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in cornell walking tour Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in university patient portal her hospital bed with a another copy of the summons and joan, complaint for the same lawsuit. Given that she was served while in of michigan patient the state, it now seems to me that the judgment of the history, federal district court in Prussia against university patient Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for virginia tech football helmet design, organizing analysis of an issue) prescribes a statement of I ssue to university patient, 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 business fraternity, 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 university of michigan the opening paragraph, federal diversity statute in the next — to assist the 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 joan fallon university of notre dame 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 the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for university patient portal, one month. Cornell Virtual. [The facts do not give sufficient information to know how long Isolde had been living in university of michigan patient 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 university students association Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €œif she would enjoy€ life on her own.

If Isolde is found to be a domiciliary of Prussia, then there is not diversity of of michigan, citizenship and thus no subject matter jurisdiction. However, if Isolde is of ottawa association found to have relocated to Swabia with the university patient, 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 €œfederal question€ jurisdiction because breach of university of oregon indiana, contract is a state common-law claim. Therefore nothing in portal the plaintiff€™s complaint arises under the Constitution and laws of the tour, United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on university of michigan patient portal, collateral attack. However, it is more likely than not that the cornell university virtual, court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. University Of Michigan Portal. [We would have preferred a discussion at virginia tech football this point that specifically points out that Isolde never even appeared in the first action.

Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. University Of Michigan Portal. Since she did not appear, there is no reason to pacific, 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 university of michigan patient, 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 business fraternity indiana, 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. University. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in metropolitan university of denver office 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 university of michigan patient portal, 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 person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the 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 of oregon fraternity indiana, first of the enumerated acts: €œa) transacting any business within the State.€ The claim for university of michigan patient, relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™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 cornell university tour, statute reaches the out of state act, the of michigan portal, signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €œdirectly or by an agent.€ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to dame, 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 university patient portal the facts for speculating that Isolde didn€™t know what she was signing.

Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of union rail cars stanford, law. The U.S. Of Michigan Patient Portal. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Fallon Dame. 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 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. University Patient Portal. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. University Of Ottawa Students Association. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.

In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €œfair play and substantial justice,€ articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. Of Michigan Portal. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in university of oregon business indiana efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an university of michigan portal, unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the history, original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in 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. Heitner opinion carefully, and a failure to study the problems following that opinion in university of michigan portal the casebook.]

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A Few Essays That Worked (And a Few That Didn#8217;t) Jacques Steinberg, education correspondent for the Times, appears on the Today show to discuss what works in university of michigan, a college essay. By None None on Publish Date December 6, 2010. In preparation for a segment on NBC#8217;s #8220;Today#8221; show this morning, I reached out to the admissions offices at union stanford sunset, the University of Virginia and Occidental College in California for examples of essays that they considered memorable #8212; for good, or ill. Before I share some of these samples, a caveat (one familiar to portal regular readers of this blog): while it can be instructive to read actual college admissions essays, trying to copy a particular approach #8212; or in some cases avoid it #8212; can be perilous. That#8217;s because how one responds to an essay can be an intensely personal experience. That said, I would argue that there are some basic lessons to be gleaned from the following examples. Here, for instance, is an excerpt from an essay that was not especially well received at the University of Virginia, in part because the university of denver transcripts writer misjudged the age and sensibility of his or her audience: John Lennon’s song ‘Imagine’ was sung by Fox’s new show, #8216;Glee.#8217; In one particular episode, a deaf glee club performed this song.

I heard it before when John Lennon sang it: unfortunately I did not care much for it. When I watched this episode while the deaf adolescents were singing it, and soon joined by of michigan another glee club, it surprisingly affected me#8230; John Lennon sang it like a professional, but what he did not have was the emotion behind the joan of notre words. He sang it more staccato than legato. He sang it like it was his job, and nothing more. University Of Michigan? These singers from Glee sang with powerful emotions. … Another essay, also musical in focus, got a more appreciative read at U.V.A.: I strode in front of 400 frenzied eighth graders with my arm slung over my Fender Stratocaster guitar — it actually belonged to my mother — and tech football design launched into the first few chords of Nirvana’s ‘Lithium.’ My hair dangled so low over my face that I couldn’t see the crowd in front of me as I shouted ‘yeah, yeah’ in my squeaky teenage voice. I had almost forgotten that less than a year ago I had been a kid whose excitement came from waiting for the next History Channel documentary. University Of Michigan Patient Portal? It was during the awkward, hormonal summer between seventh and eighth grade when I first heard Nirvana’s ‘Smells Like Teen Spirit.’ The song shocked my senses — until that point my musical cosmos consisted mainly of my father’s Beatles CDs. I would argue that the metropolitan state university transcripts admissions committee was able to relate a little more to this essay than the first. University? And it was certainly more evocative and rail cars detailed. It also conveyed more about the writer (and applicant) #8212; a crucial quality in of michigan patient portal, a college admissions essay. I turn, now, to excerpts from university walking a recent essay that struck a visceral chord within the admissions office at Occidental (where, as an aside, President Obama began his college career): My head throbbed as I closed my eyes and tried to university patient portal convince myself to give up. ‘Come on, Ashley.

Put the tech football pencil down. Just put the pencil down and go to bed,’ I told myself sternly. I had been hard at of michigan patient portal, work for tour hours — brutal, mind-numbing hours. I groaned as I moved over to my bed, collapsing in university of michigan patient portal, a pile of joan fallon university of notre blankets and closing my eyes. I lay there for a moment or two, gathering strength, gaining courage. My tense shoulders began to unclench as I stretched out and opened my bleary eyes… Suddenly, I bolted upright on my bed, eyes wide, blankets flying. Everything had fallen into place.

I stumbled madly to my desk, thumped myself down, and snatched up my pencil. ‘I’ve got it! That’s it!’ I whooped, scribbling furiously, as my brother pounded on university of michigan portal my wall for silence. I had just won another skirmish in my ongoing battle with the joan fallon crossword puzzle. What worked here? I#8217;m told the admissions officers appreciated how the of michigan patient writer conveyed her love of students words — and in the process told them much about university of michigan patient herself. University Of Ottawa History Association? As a writer, I admired the way she built a sense of of michigan patient portal mystery at the outset, one that served to draw the reader in. I#8217;ll close with an attempt at metaphor that fell a bit flat, at least in its reception at Occidental. The applicant writes: I believe in jello; a silly greeting, tasty dessert, or the answer to university of ottawa history association life as we know it? Factor #1: Have you ever tried to make jello? It takes patience.

First you have to boil the water; then mix it with powder, stirring for of michigan patient portal two minutes; then finally adding the cold water and putting it in the fridge for forty-five minutes. Think about the creation of people… To share your own thoughts on essay strategies #8212; and, perhaps, some excerpts of union pacific rail cars your own #8212; please use the comment box below. Comments are no longer being accepted. Although the essays chosen as the #8220;good#8221; examples are well-written, I found the other 2 more interesting. Each of those writers seemed to be struggling to university express a concept instead of a fairly typical self-absorbed picture. Obviously. the #8220;good#8221; essays are easier to identify with, but they are also rather juvenile.

Our education system tends to reward the rail cars stanford sunset neat package, not the messy one. Patient Portal? I#8217;d like to pacific rail think that both sets of essay writers deserve an excellent education. I saw this segment on the Today Show and I am surprised about the first essay. I understand the concept of Glee being a new show and seeming juvenile, but it isn#8217;t. University Patient? I find the show rather creative for of ottawa history students association taking older songs, modernizing them, and reintroducing them to a new generation of of michigan patient portal people.

Not to mention it adds new life to history association a song already loved by the older generation who watch the show as well. If anything it shows the blatant generation gap between the administrators and the students writing their essay. John Lennon was a great artist but it doesn#8217;t mean I#8217;m obligated to be a fan, nor is this student. University? People should respect the difference of opinion. This student was honest enough to say he/she didn#8217;t like the song and why when performed by John Lennon, but found beauty in cornell walking tour, the song he/she previously dismissed when performed by patient portal a group of deaf children. I think that shows a strong sense of self in the student which was, unfortunately, overlooked. Thank you so much for these examples. University Tour? I will note that the Jello essay uses semicolons improperly.

Grammar errors destroy credibility. I was accepted early decision to Virginia, and folks ask me all the time about my application essay. I wrote about the single moment of shaking an opponent#8217;s hand during a national debate tournament. I was terrified about university of michigan portal this opponent, but when I shook his hand, it was cold, limp, and soaking wet. Knowing he was just as nervous as I changed everything for me. I wanted to share with the application committee my revelation that I don#8217;t need to be intimidated by university business fraternity indiana anyone. My advice for future applicants: Ask yourself what #8220;gift#8221; your essay delivers to the reader. What#8217;s the pay-off for the audience? If you aren#8217;t writing with the audience in mind, the essay will seem self-indulgent. Thanks so much! This is the patient portal part of the application that should be removed.

Students that write their own essay are at a distinct disadvantage (unless they are among those students that truly do have talent in this area.) Because the tech helmet stakes are so high and the competition so great, more and more families are hiring consultants to either write or heavily edit the essays. A consultant could definitely tidy up the Glee and the jello essay and make it relevant. At least we know that the university of michigan Glee and jello essay writers received no assistance. Other than the most competitive schools is anyone reading the history essays?? It seems that a well written essay if accompanied by low standard test scores gets ignored when in patient portal, fact the essay is a better example of what the student can do.

These students pour over every word as they see their future hanging in university fraternity indiana, the balance. Does the admissions committee at of michigan, University of Maryland actually read the answers to the short answer questions? Do they read the essays? I find these examples and the ensuing comments to state transcripts be an example of just how subjective college admissions officers are when making their decisions. Some admissions essays must be objectively bad (poor grammar, incoherent prose, etc.) and I imagine that some must be objectively good, however, it seems to me that the great bulk lie in the middle. In that middle ground then isn’t the university of michigan portal merit of one’s essay inextricably tied to the taste’s of the admissions officers reviewing that essay? Would a brilliant essay by Hunter S. University Students Association? Thompson be tossed out university patient portal, because the reader hated drug use and non-conformity? Would an metropolitan state of denver transcripts, essay by Tom Wolfe be rejected because the reader hated exclamations? Oh my! Maybe that great 18th century wordsmith Charles Dickens pamphlet would be considered too word?

Or Hemingway’s to sparse? What I found so troubling about the admissions cycle when I went through it a decade ago was how arbitrary decisions seemed to be at the top schools. It always seemed to me that once you were in a pool of qualified applicants (good grades, test scores, extra-curricular activities) that admissions came down to chance. I was admitted to the #1 US New School but admissions at a half a dozen lesser ranked schools where I had GPAs and of michigan portal SATs over the 75% mark. Some friends were admitted everywhere they applied, one friend was denied admission everywhere he applied but his in-state safety school despite the fact that he had mid 1500s SATs, a 4.0 GPA and founded our schools Environment Club. I’ve never figured out why that happened, I doubt there’s a simple answer. The college a person attends doesn’t define them or set them on a fixed course through life. Pacific? Nevertheless, it is university of michigan portal important and it does matter.

In fact it matters tremendously to walking those students and parents who struggle through courses and bills to make their dreams of education a success, and that’s why it is so terrifying that chance and subjectivity play such a large role in the college admissions process. The purpose of the university of michigan patient portal essay is to reveal something personal about yourself to joan fallon university of notre the admissions committee that isn#8217;t conveyed elsewhere in the application. The first essay didn#8217;t work because it was analysis of the merits of university patient portal two versions of union cars stanford sunset a song. I#8217;m surprised that the crossword puzzle essay was offered as an essay that worked #8212; it seems unoriginal, forced, overly dramatic, self-coscious. I read plenty of those as an admissions officer. The debate one worked because it revealed the author as an observant, empathetic and mature person. And for jello #8212; I think that could have been a very funny essay with some good editing, and perhaps may have revealed the author as a quirky kid with a good sense of humor. I agree with lp#8217;s analysis. It should be drummed into every applicant: whatever the of michigan patient subject, the real point is to provide a sense of yourself. Unless you are some kind of master stylist, writing about #8220;other things#8221; will not impress #8212; and even superlative style might very well be lost on of ottawa history students association an admissions officer who is, after all, looking for a reason to make a decision #8212; any decision #8212; about your application. Patient? I too think the crossword puzzle essay seems silly and forced, but I also think the metropolitan state office other musical essay was trite and university of michigan patient portal forced.

I am afraid that this is what the admissions process has reduced essay writing to. With the exception of the second entry, (the Nirvana kid), the rest fell flat. He seemed to convey his thoughts fluidly, and in the manner that he was thinking them. The first entry was of minor interest#8230; but obvioulsy didn#8217;t achieve what it was intended to state university transcripts office achieve. The third was simply terrible. Enough said. The fourth had redeeming value. There are multiple purposes for the essay.

One is to guage an applicant#8217;s ability to write. Fortunately, many employers, like The Times, still value this ability. If your child does not #8220;have a talent#8221; in this area, he/she needs to of michigan get to work. More important, if a consultant writes an applicant#8217;s essay, that applicant is cheating. Your answer implies that it is acceptable for a student to do so. It is no more acceptable for a consultant to write the university of oregon fraternity essay than it is for a student to exaggerate in her list of patient portal extracurricular activities. Union Pacific Cars Stanford? The essay is important and university valuable and should remain a part of the application process. It#8217;s not the topic, or it#8217;s generational relationship to joan fallon university of notre the reader, it#8217;s the writing, Sentence structure, organization, rhetorical flourish; the good essays have all three of these.

The poor essays just needed some editingor, in some cases, a lot of editing. University Of Michigan Patient? The College Application Essay is of ottawa students association one of the best ways to introduce yourself to the Admissions Committee but must be done with care or it will reduce your chances for admission. Certainly there is a lot of good advice out there, yet it seems hard to believe that by the time a student reaches 17 or 18 years old, they need help with writing a 250-500 word essay! I#8217;ve worked with teens applying to college for several years now, guiding them through the process, and yes, helping to write their essays. Believe me, they need it! Please realize that just over 26% of university of michigan patient portal kids are now receiving professional guidance with their essays and college applications. Design? Why? Competition has increased dramatically; a combination of demographics and the simplicity of university of michigan patient portal The Common Application has contributed to the average student now sending out 10 or more applications! Assume that most kids will have similar GPA#8217;s, SAT#8217;s and a noteworthy background in university students association, athletics, music or some other passion when applying to portal a particular school#8230;..what really differentiates him or her?

The essay and a personal interview. Some schools do not offer interviews and more and more schools are adding supplemental essays to their applications to weed out the students that may not be all that serious about university of oregon business indiana attending their school, even if they are accepted! Colleges are businesses with expenses and payrolls and endowments to consider. Use every tool you have to write a great essay, but grades and university patient SAT scores still trump the. University Dame? essays unless you can guarantee you#8217;ll bring them their first ever College Golf Championship! (Might be a good topic to write about!) Write a very interesting narrative that people will want to portal read and not put down until they have read the very last word! Write to your audience#8230;#8230;do not write about the time you got caught doing something illegal and brag about university tour your brillant negotiating skills with the police and how you managed to avoid being arrested! Forget humor unless you are a professional comic#8230;#8230;very hard to convey a funny story#8230;#8230;.sometimes you really need to university have been there! Finally, have lots of people read it, and if it#8217;s not excellent, just very good, do it again! Its that important! Good Luck Everyone January 1st Deadline is coming fast!

Is post number 12 an state office, advertisement? Its seems like an patient, awful lot of private college admissions #8220;counselors#8221; use the union rail stanford comments sections of university of michigan patient portal this blog to union pacific cars sunset justify their services. For the record I agree with the university of michigan patient portal Curmudgeon, having a consultant write your college application for university business fraternity indiana you is cheating. Of Michigan? Its fine to have some help, but the majority of the joan university work and university patient portal the essay#8217;s #8220;voice#8221; should be the student#8217;s. As a further aside, who is to say that these advisors actually improve the essays.

I#8217;m not a professional writer and I don#8217;t work in fallon university, admissions, but I find #8220;Highly Competitive Essays'#8221; use of exclamation points to be excessive. Hi The Curmudgeon (#10), Post #12 confirms my point. University? If one fourth of the kids are receiving paid help, that puts the rest of the applicants at a distinct disadvantage. You would be very surprised to fallon university dame find out just how many people are hiring consultants to of michigan write these essays. I absolutely do not mean to infer that it is acceptable to cheat. University Dame? I only of michigan portal mean to say that it creates an unfair playing field. Until the union rail cars sunset colleges can figure a way to make it fair, I think the essay should be removed. Students can submit graded English assignments instead. I remember the university of michigan patient kind of person that I was as a teenager and know that if I had to write a college essay, it would have been the jello one. In addition, I liked the Glee/Lennon essay because I wanted to know what she was going to say about the former Beatle.

On the contrary, I lost interest in rail cars, the 2nd music essay and skimmed over university the crossword one (the so-called good essays). As a CUNY applicant in 1979-80, I didn#8217;t need to tech football design complete an application essay. However, as a student years later (20-30 years later to be exact), my writing matured and I have won academic honors and one scholarship for my writing (I graduated from a state school). I love writing and couldn#8217;t imagine my life without it (although I write for university of michigan portal pleasure, not publication). By the way, my SAT scores were also low but I received a Bachelor#8217;s at 43 and a Master#8217;s (4.0 GPA) at 46. I currently have my dream job, introducing books to children. So there, admission officers! Consider reading the book(s) ESSAYS THAT WORKED; every admissions officer does.

My son wrote his essays for his AP English class at a top high school as an virginia football helmet design, assignment. The #8220;prompts#8221; are known about in summer, so making it a part of AP English in fall was easy especially since many students applied to UC and the private colleges routinely and it boasts a 95% college rate. They went through several reviews and revisions. And by the end they worked well. He got into UCLA that was his first choice. After that experience, my daughter put together her essays easily with my son#8217;s input. University Portal? She ran them by union pacific rail her college English and History instructors (she went entirely the community college route in university of michigan patient, lieu of high school). She got into Berkeley that was her first choice. I believe that students who don#8217;t have diligent and involved English instructors who are willing to make these college essays a part of their curriculum or personal time are at a significant disadvantage. Even though the essay is written by the student and in the student#8217;s voice, these professionals pointed out flaws that needed correction and reinforced the prompt questions. And in subsequent university courses, the care of these instructors is of ottawa history evident in any courses where my kids must write an essay.

They had a lasting impression. I would wish other student would get this guidance. I feel that these essays were #8220;first drafts#8221; with ideas but no guidance to refine them. University? So as a means to joan university of notre dame judge students, it really only of michigan patient portal shows the schools and students who have caring instructors and follow through on their suggestions and those who may lack such resources. Of Oregon Fraternity? That comment read like an ad! But guess what. Portal? Even ads can have too many exclamation points! If I was an admissions reader, I#8217;d be exhausted by all of those bangs! Please, please, please, spare us the ads in university of denver office, the comments! Btw, the crossword essay was stylistically hackneyed!

This is an interesting article. These next few weeks certainly are critical for college applications! On the essay side of things, I#8217;ve found the site theEssayExchange.com, really helpful in assisting my daughter with building her essay. I believe the of michigan patient importance of college application essays are overblown here. You cannot expect engineering students to business fraternity write as eloquently as liberal arts students. The jello essay may have been written by an engineering student while the patient portal crossword puzzle essay by a liberal arts student. I hope colleges are not just looking for good writers. Union Pacific Rail Cars Stanford? This country needs great engineers too! And you are not going to university portal be impressed by many of their college app essays.

I agree with seachange. Cheating is unjustifable, but we all know it happens. University Of Ottawa History? Besides consultants, friends, siblings and parents have been known to write students#8217; essays. There is of michigan little chance to cheat on an SAT/ACT test or an AP/IB exam; these results, along with the transcript, should be given more weight. Cornell University? Yet every autumn it is the essay that causes the most anxiety. My son and I brainstormed for weeks before he came up with a suitable topic to of michigan patient portal write about. Then it took him another a few weeks to write and edit his essay. I would hate to dame see his four years of hard work and excellent grades/test results wasted because the admissions committee at his number one school was not intrigued by his essay. Especially if someone with lower grades and test results is admitted on university of michigan patient the basis of an essay which they did not write. We are told that admissions counselors can tell the difference between an essay written by a high school student and one by an adult. I hope they really can.

Personally, I feel the cornell university walking tour essay is important to give a #8220;face#8221; to the applicant. The rest of the application is university of michigan patient portal a listing of grades, scores and extracurriculars (which can easily be embellished) but the essay is supposed to be the history students association student#8217;s voice. I agree with another poster that sending in a graded English assignment is a good alternative. Patient Portal? These examples demonstrate the importance of teaching our kids to communicate effectively, not only through the written word, but also through speaking. If kids can#8217;t communicate their ideas through proper grammar techniques and through content, admissions officers have a difficult time deciding if they are an joan fallon dame, appropriate match for patient portal the school.

Communication is key in cornell walking, all fields. Patient Portal? The kids who wrote the union sunset lesser essays may be amazing people, but they failed to communicate it. Of Michigan Portal? Glenda. I am often asked how to compose memorable application essays out of business fraternity “ordinary” teenage lives. High school seniors who haven’t won international awards or lived on houseboats or in homeless shelters can feel as if their essays have little to offer. They’re terrified that they will make the same “mistakes” that are highlighted here in “The Choice” (and no wonder … even Ian admissions professional for university patient three decadeshad a tough time differentiating between the “good” and “bad” ones!). Union Pacific Rail Stanford? I always reply that, during my 15 years of reading application essays at Smith College, many of the most memorable submissions were on mundane topics. One of my all-time favorites was about of michigan portal a laundry mishap at of oregon business, a summer school. The author explained how she had accidentally washed her roommate’s expensive white undergarments with her own red sweatshirt. University? Of course, the essay wasn’t really just about joan university of notre laundry … it was more about the boundaries of friendship. Other wonderful essays I recall include a hilarious one on playing in a truly terrible school band and university of michigan another called “Why I Shop at Wal-Mart.” While there are lots of history students association books out there that serve up samples of patient “successful” essays, there are two that I especially like that offer helpful suggestions on how to craft your own. #8220;On Writing The College Application Essay: Secrets of a former Ivy League Admissions Officer,#8221; by Harry Bauld (which I’ve recommended for eons) and a newcomer called, #8220;Concise Advice: Jump-Starting Your College Admissions Essays,#8221; by state university of denver Robert Cronk, both lead students through the composition process and never lose sight of the fact that 17-year-olds can rarely report triumphs—or traumas—that might help their essays stand out in portal, a crowd.

Admission officials really DO want to read about their applicants’ experiences, no matter how “typical,” and they are eager to view them through the writers’ eyes. Students shouldn’t ever worry that they have nothing cataclysmic to chronicle. After all, what could be more #8220;ordinary#8221; than laundry? I would say that the applicant who wrote the #8220;Imagine#8221; essay didn#8217;t get due to the essay#8217;s flat prose, poor organization, and questionable grammar, not its subject matter. The song was not sung #8220;by the show,#8221; but by the characters on the show. The sentence #8220;When I watched this episode while the walking deaf adolescents were singing it, and soon joined by university another glee club, it surprisingly affected me#8230;#8221; is just an incredible mess.

He didn#8217;t watch #8220;while#8221; they were singing; it should be #8220;were joined by;#8221; and #8220;surprisingly affected me#8221; is a terribly clumsy construction. University Fraternity Indiana? How about: #8220;As I watched another glee club join the deaf adolescents in singing the song during this episode, I was surprised by of michigan patient portal how much it affected me.#8221; Not all applicants will be strong writers, but all need to show at least a basic grasp of how to communicate a thought.

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