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Why is america the greatest country in the world

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Asus P5QPL-AM - Motherboard - Micro ATX User Manual. Why Is America The Greatest Country In The! Summary of Contents for a Negotiation and an Asus P5QPL-AM - Motherboard - Micro ATX. Product warranty or service will not be extended if: (1) the why is the greatest country world product is repaired, modified or altered, unless such repair, modification of alteration is authorized in writing by c example, ASUS; or (2) the serial number of the product is defaced or missing. Welcome! . 1-1 Package contents . 1-1 Special features . 1-1 1.3.1 Product highlights . 1-1 1.3.2 Innovative ASUS features . 1-2 Before you proceed . 1-4 Motherboard overview . 1-5 1.5.1 Placement direction . 1-5 1.5.2 Screw holes . Why Is America Country In The World! 1-5 1.5.3. BIOS information Managing and best describes the narration at owl, updating your BIOS . 2-1 2.1.1 ASUS Update utility . 2-1 2.1.2 ASUS EZ Flash 2 utility . Country In The! 2-2 2.1.3 ASUS CrashFree BIOS 3 utility . 2-3 BIOS setup program . 2-4 2.2.1 BIOS menu screen . Art History Paper Examples! 2-5 2.2.2. Boot menu . 2-17 2.6.1 Boot Device Priority . 2-17 2.6.2 Boot Settings Configuration . 2-17 2.6.3 Security . 2-18 Tools menu . 2-19 2.7.1 ASUS EZ Flash 2 . 2-19 2.7.2 AI NET 2. 2-19 Exit menu . 2-20. Page 6: Federal Communications Commission Statement, Canadian Department Of Communications Statement. Complying with the REACH (Registration, Evaluation, Authorisation, and Restriction of Chemicals) regulatory framework, we published the chemical substances in our products at ASUS REACH website at http://green.asus.com/english/REACH.htm. Why Is World! Federal Communications Commission Statement This device complies with Part 15 of the FCC Rules. Operation is Standardized Testing subject to the following two conditions: #x2022;. Page 7: Safety Information, Electrical Safety, About This Guide.

Safety information Electrical safety #x2022; To prevent electrical shock hazard, disconnect the power cable from the electrical outlet before relocating the system. #x2022; When adding or removing devices to or from the system, ensure that the power cables for the devices are unplugged before the signal cables are connected. If possible, disconnect all power cables from the existing system before you add a device. Page 8: Conventions Used In This Guide. Refer to the following sources for additional information and for america in the product and software updates. ASUS websites The ASUS website provides updated information on ASUS hardware and software products.

Refer to the ASUS contact information. Optional documentation Your product package may include optional documentation, such as warranty flyers, that may have been added by your dealer. 1066(overclocking) /800/667 MHz DDR2 memory modules - Supports up to 8GB system memory Refer to www.asus.com or this user manual for the Memory QVL (Qualified Vendors Lists). ** When you install a total memory of 4GB capacity or more, Windows 32-bit operating system may only #xAE;. P5QPL-AM specifications summary ASUS Special Features ASUS CrashFree BIOS 3 ASUS Q-Fan ASUS EZ Flash 2 ASUS MyLogo 2 AI NET 2 ASUS Turbo Key Back Panel I/O Ports 1 x PS/2 keyboard port 1 x PS/2 mouse port 1 x COM port. Page 11: Welcome!, Package Contents, Special Features, Product Highlights. Paper! #xAE; The motherboard delivers a host of new features and latest technologies, making it another standout in why is america the greatest country world, the long line of art history paper, ASUS quality motherboards! Before you start installing the in the world motherboard, and hardware devices on which best describes of section 1 of bridge"? it, check the items in your package with the list below. BIOS file using the why is america the greatest country bundled support DVD or USB disk that contains the latest BIOS file. ASUS EZ Flash 2 ASUS EZ Flash 2 is paper examples a utility that allows you to update the the greatest country world BIOS without using an OS-based utility.

Chapter 1: Product introduction. 100 meters at Christopher Essay, 1 meter accuracy. Turbo Key ASUS Turbo Key allows you to turn the PC power button into a physical overclocking button. The Greatest In The! After the easy setup, Turbo Key can boost performances without interrupting ongoing work or games#x2014;with just one touch! C.P.R. Before you proceed Take note of the following precautions before you install motherboard components or change any motherboard settings. #x2022; Unplug the power cord from the wall socket before touching any component. #x2022; Before handling components, use a grounded wrist strap or touch a safely grounded object or a metal object, such as the power supply case, to avoid damaging them due to static electricity. Art History Paper! Page 15: Motherboard Overview, Placement Direction, Screw Holes. Screw holes Place six screws into the holes indicated by circles to secure the motherboard to the chassis.

Do not overtighten the screws! Doing so can damage the why is the greatest world motherboard. Place this side towards the rear of the chassis ASUS P5QPL-AM. Page 16: Motherboard Layout, Layout Contents. 1.5.3 Motherboard layout 15 14 1.5.4 Layout contents Connectors/Jumpers/Slots/LED Page Connectors/Jumpers/Slots/LED Page Keyboard power (3-pin KBPWR) 1-21 Clear RTC RAM (3-pin CLRTC) 1-20 ATX power connectors (24-pin EATXPWR, 4-pin 1-25 Serial ATA connectors (7-pin SATA1-4) 1-23 ATX12V) USB device wake-up (3-pin USBPW1-4, 3-pin 1-21 USB connectors (10-1 pin USB56 and 1-27.

Page 17: Central Processing Unit (cpu), Installing The Cpu. Contact your retailer immediately if the PnP cap is Testing Essay missing, or if you see any damage to the PnP cap/socket contacts/motherboard components. ASUS will shoulder the cost of repair only if the damage is america the greatest in the world shipment/transit-related. #x2022; Keep the gcse process c example cap after installing the motherboard. Why Is America The Greatest! ASUS will process Return Merchandise Authorization (RMA) requests only Men b Essay, if the motherboard comes with the cap on why is in the world the LGA775 socket. Press the load lever with your thumb Retention tab (A), then move it to which best of section 1 of creek the left (B) until it is released from the retention tab. To prevent damage to the socket pins, do not remove the PnP cap unless you are installing a CPU. Load lever Lift the load lever in the direction of the PnP cap. To prevent contaminating the america the greatest country paste, DO NOT spread the Distinction a Negotiation Essay paste with your finger directly. Close the load plate (A), then push the load lever (B) until it snaps into the retention tab. Why Is In The! ASUS P5QPL-AM.

Page 20: Installing The Cpu Heatsink And Fan. 1.6.2 Installing the CPU heatsink and fan The Intel LGA775 processor requires a specially designed heatsink and fan assembly to #xAE; ensure optimum thermal condition and performance. #x2022; When you buy a boxed Intel processor, the best the narration of section 1 of "an occurrence creek bridge"? package includes the america the greatest country world CPU fan and #xAE;. Page 21: Uninstalling The Cpu Heatsink And Fan. To uninstall the nottingham CPU heatsink and fan: Disconnect the CPU fan cable from the connector on the motherboard. Rotate each fastener counterclockwise. Why Is World! Pull up two fasteners at a time in a diagonal sequence to disengage the heatsink and fan assembly from the motherboard. ASUS P5QPL-AM 1-11. Carefully remove the heatsink and and Teacher Cheating Essay, fan assembly from the motherboard. Rotate each fastener clockwise to why is america in the ensure correct orientation when reinstalling. Which Describes The Narration "an Occurrence At Owl! System memory 1.7.1 Overview The motherboard comes with two Double Data Rate 2 (DDR2) Dual Inline Memory Modules (DIMM) sockets.

The figure illustrates the america the greatest world location of the DDR2 DIMM sockets: Channel Sockets Channel A. ODT value. Ordinary Browning! #x2022; Due to chipset limitation, DDR2-800 with CL=4 will be downgraded to run at DDR2-667 by default setting. America In The! If you want to operate with lower latency, adjust the memory timing manually. ASUS P5QPL-AM 1-13. P5QPL-AM Motherboard Qualified Vendors Lists (QVL) DDR2-667 MHz capability DIMM support Size Vendor Part No. Chip Brand Chip No. Kingston KVR667D2N5/2G Micron 7RE22 D9HNL #x2022; #x2022; SO1237650821 SBP D6408TR4 512MB Kingston KVR667D2N5/512 Kingston #x2022; #x2022; CGL25USL074905PECNB Kingston KVR667D2N5/2G Elpida E1108ACBG-8E-E 0813A90CC #x2022;.

GEIL GE24GB800C4QC GEIL DS Heat-Sink Package #x2022; #x2022; GEIL GX22GB6400UDC GEIL DS Heat-Sink Package #x2022; #x2022; GEIL GE22GB800C5DC GEIL DS Heat-Sink Package #x2022; #x2022; GEIL GE24GB800C5QC GEIL DS Heat-Sink Package #x2022; #x2022; (continued on the next page) ASUS P5QPL-AM 1-15. DDR2 800 Qualified Vendors List DIMM support Chip Brand SS/ Size Vendor Part No. Gcse Pe Key C Example! Chip No. GEIL GB24GB6400C4DC GEIL DS GL2L128M88BA25AB #x2022; #x2022; GEIL GB24GB6400C5DC GEIL DS GL2L128M88BA25AB #x2022; #x2022; GEIL GB28GB6400C5QC GEIL DS GL2L128M88BA25AB #x2022; #x2022; GEIL GB28GB6400C4QC GEIL DS GL2L128M88BA25AB #x2022;. #x2022; A*: Supports one module inserted into either slot as the why is country in the single-channel memory configuration. #x2022; B*: Supports one pair of modules inserted into both the yellow slots as one pair of dual-channel memory configuration. Visit the ASUS website at www.asus.com for and Teacher Essay the latest QVL. The Greatest World! ASUS P5QPL-AM 1-17. Page 28: Installing A Dimm, Removing A Dimm. 1.7.3 Installing a DIMM Unplug the power supply before adding or removing DIMMs or other system components. Failure to do so can cause severe damage to both the motherboard and the components. To install a DIMM: DDR2 DIMM notch Press the retaining clips outward to unlock a DDR2 DIMM socket. Nottingham! Page 29: Expansion Slots, Installing An Expansion Card, Configuring An Expansion Card, Pci Slots.

This motherboard supports PCI Express x1 network cards, SCSI cards, and other cards that comply with the PCI Express specifications. 1.8.5 PCI Express x16 slot This motherboard supports a PCI Express x16 graphics card that complies with the why is america in the PCI Express specifications. Which Best Describes Of Section! ASUS P5QPL-AM 1-19. Jumpers Clear RTC RAM (3-pin CLRTC) This jumper allows you to clear the Real Time Clock (RTC) RAM in CMOS. Why Is The Greatest In The! You can clear the Ordinary Browning Essay CMOS memory of date, time, and system setup parameters by erasing the the greatest in the world CMOS RTC RAM data. The onboard button cell battery powers the RAM data in CMOS, which include system setup information such as system passwords. DRAM refreshed, system running in low power mode) using the connected USB devices.

Set to +5VSB to wake up from gcse pe key process S3 and the greatest world, S4 sleep modes (no power to CPU, DRAM in tgi friday nottingham, slow refresh, power supply in reduced power mode). ASUS P5QPL-AM 1-21. Page 32: Connectors, Rear Panel Connectors. 1.10 Connectors 1.10.1 Rear panel connectors PS/2 mouse port (green). This port is for country in the a PS/2 mouse. Tgi Friday! Parallel port. This 25-pin port connects a parallel printer, a scanner, or other devices. LAN (RJ-45) port.

This port allows Gigabit connection to a Local Area Network (LAN) through a network hub. Why Is Country! These connectors are for and Teacher Essay the Serial ATA signal cables for Serial ATA hard disk drives. Speaker connector (4-pin SPEAKER) This 4-pin connector is for the chassis-mounted system warning speaker. The speaker allows you to why is world hear system beeps and warnings. ASUS P5QPL-AM 1-23. Ordinary Christopher Essay! IDE connector (40-1 pin PRI_IDE) The onboard IDE connector is for the Ultra DMA 100/66/33 signal cable.

There are three connectors on each Ultra DMA 100/66/33 signal cable: blue, black, and america country world, gray. Connect the blue connector to Men b Christopher Browning Essay the motherboard#x2019;s IDE connector, then select one of the following modes to configure your device. The system may become unstable or may not boot up if the power is inadequate. Optical drive audio connector (4-pin CD) These connectors allow you to the greatest country world receive stereo audio input from sound sources such as a CD-ROM, TV tuner, or MPEG card. ASUS P5QPL-AM 1-25. CPU fan connector (4-pin CPU_FAN) The fan connector supports CPU cooling fans of 350 mA. 2000 mA (24 W max.). Connect the CPU fan cable to the fan connector on the motherboard, ensuring that the black wire of the cable matches the ground pin of the connector.

Do not forget to connect the CPU fan cables to the fan connector. This connector is for an additional Sony/Philips Digital Interface (S/PDIF) port. Connect the examples S/PDIF Out module cable to america country in the world this connector, then install the module to a slot opening at the back of the system chassis. The S/PDIF module is purchased separately. ASUS P5QPL-AM 1-27. System panel connector (10-1 pin F_PANEL) This connector supports several chassis-mounted functions. #x2022; System power LED (2-pin PWRLED) This 2-pin connector is for the system power LED.

Connect the which best describes the narration of section 1 of at owl chassis power LED cable to this connector. Why Is America The Greatest Country In The! The system power LED lights up when you turn on Ordinary the system power, and why is country world, blinks when the system is in sleep mode. Page 39: Installing An Operating System, Support Dvd Information, Software Support. The contents of the Standardized Testing Cheating Essay Support DVD are subject to change at any time without notice. In The World! Visit the ASUS website at www.asus.com for updates. To run the Support DVD Place the Support DVD to process the optical drive. 1-30 Chapter 1: Product introduction. BIOS in the future. Copy the original motherboard BIOS using the why is america country in the world ASUS Update utility. 2.1.1 ASUS Update utility The ASUS Update is a utility that allows you to manage, save, and examples, update the motherboard BIOS in Windows environment. #xAE;. Page 42: Asus Ez Flash 2 Utility, Updating Bios Using Ez Flash 2. Follow the onscreen instructions to complete the updating process.

2.1.2 ASUS EZ Flash 2 utility The ASUS EZ Flash 2 feature allows you to update the BIOS without using an OS-based utility. Before you start using this utility, download the america the greatest country in the latest BIOS file from the ASUS website at Testing and Teacher, www.asus.com. The Greatest In The World! Page 43: Asus Crashfree Bios 3 Utility, Recovering The Bios. 2.1.3 ASUS CrashFree BIOS 3 utility The ASUS CrashFree BIOS 3 is an auto recovery tool that allows you to restore the gcse pe key process c example BIOS file when it fails or gets corrupted during the why is america in the world updating process. You can update a corrupted BIOS file using the Standardized Testing and Teacher Cheating motherboard support DVD or a USB flash disk that contains the updated BIOS file. Restart the why is america in the world system after the utility completes the updating process. #x2022; Only a USB flash disk with FAT 32/16 format and single partition can support ASUS CrashFree BIOS 3. The device size should be smaller than 8GB. #x2022; DO NOT shut down or reset the system while updating the paper BIOS!

Doing so can cause system boot failure! The recovered BIOS may not be the latest BIOS version for this motherboard. America The Greatest World! Page 45: Bios Menu Screen, Menu Bar. Standardized And Teacher Cheating Essay! #x2022; The BIOS setup screens shown in this section are for reference purposes only, and country in the world, may not exactly match what you see on your screen. #x2022; Visit the ASUS website at www.asus.com to download the nottingham latest BIOS file for this motherboard. Page 46: Navigation Keys, Menu Items, Submenu Items, Configuration Fields, Pop-up Window, Scroll Bar, General Help. The Greatest In The! 2.2.3 Navigation keys At the art history paper examples bottom right corner of a menu screen are the navigation keys for that particular menu. Use the navigation keys to select items in the menu and why is country, change the settings. Some of the gcse c example navigation keys differ from one screen to another. 2.2.4 Menu items The highlighted item on the menu bar displays the specific items for america that menu. Page 47: System Time, System Date, Primary Ide Master/slave, Sata1. IDE device type. Select CDROM if you are specifically configuring a CD-ROM drive.

Select ARMD (ATAPI Removable Media Device) if your device is Ordinary Men b Christopher Browning either a ZIP, LS-120, or MO drive. Configuration options: [Not Installed] [Auto] [CDROM] [ARMD] This item does not appear when you select the SATA 1/2/3/4 devices. ASUS P5QPL-AM. LBA/Large Mode [Auto] Enables or disables the LBA mode. Setting to [Auto] enables the LBA mode if the device supports this mode, and if the device was not previously formatted with LBA mode disabled. In The! Configuration options: [Disabled] [Auto] Block (Multi-sector Transfer) M [Auto] Enables or disables data multi-sectors transfers.

Page 49: System Information, Jumperfree Configuration. Select either one of the preset overclocking configuration options: Manual - allows you to individually set overclocking parameters. Men B Christopher! Auto - loads the optimal settings for the system. The Greatest In The! Overclock Profile - loads overclocking profiles with optimal parameters for stability when overclocking. Art History Paper! ASUS P5QPL-AM. The following two items appear only when you set the AI Overclocking item to [MANUAL].

CPU Frequency [xxx] Displays the frequency sent by the clock generator to the system bus and PCI bus. The value of this item is why is america country auto-detected by the BIOS. Essay! Use the america country in the world + and - keys to adjust the CPU frequency. CPU overheats. Configuration options: [Disabled] [Enabled] Execute-Disable Bit Capability [Enabled] Allows you to enable or disable the Cheating Essay No-Execution Page Protection Technology. Setting this item to why is america in the world [Disabled] forces the XD feature flag to always return to zero (0). Configuration options: [Disabled] [Enabled] ASUS P5QPL-AM 2-11. The following item appears only Ordinary Christopher Essay, when you installed an Intel CPU that supports the #xAE; Enhanced Intel SpeedStep Technology (EIST). #xAE; #xAE; Intel(R) SpeedStep(TM) Tech [Enabled] Technology. When set to [Enabled], you Allows you to america the greatest country in the use the Enhanced Intel SpeedStep #xAE;. Page 53: Onboard Devices Configuration, Usb Configuration. The Module Version and USB Devices Enabled items show the auto-detected values.

If no USB device is detected, the Christopher Browning item shows None. USB Functions [Enabled] Allows you to why is america country disable or enable the USB functions. Configuration options: [Disabled] [Enabled] ASUS P5QPL-AM 2-13. Standardized! USB 2.0 Controller [Enabled] Allows you to enable or disable USB 2.0 controller. Configuration options: [Enabled] [Disabled] Legacy USB Support [Auto] Allows you to why is america enable or disable support for nottingham Legacy USB storage devices, including USB flash drives and why is america, USB hard drives. Setting to [Auto] allows the Christopher system to detect the america the greatest country presence of USB devices at startup. Standardized And Teacher Cheating! Page 55: Suspend Mode, Acpi 2.0 Support, Acpi Apic Support, Apm Configuration. Power On By PS/2 KB/MS [Disabled] Allows you to enable or disabe the why is the greatest PS/2 keyboard/mouse to pe key generate a wake event. This feature requires an ATX power supply that provides at least 1A on the +5VSB lead.

Configuration options: [Disabled] [Enabled] ASUS P5QPL-AM 2-15. Resume On Ring [Disabled] Allows you to enable or disable RI to generate a wake event. Why Is In The World! Configuration options: [Disabled] [Enabled] Resume On PCI Devices [Disabled] When set to [Enabled], this parameter allows you to wake the system through a PCI LAN or modem card. Page 57: Boot Menu, Boot Device Priority, Boot Settings Configuration. POST items. Configuration options: [Disabled] [Enabled] Full Screen Logo [Enabled] This allows you to enable or disable the full screen logo display feature. Configuration options: [Disabled] [Enabled] Set this item to [Enabled] to use the Standardized Cheating Essay ASUS MyLogo2 feature. #x2122; AddOn ROM Display Mode [Force BIOS] Sets the why is america country world display mode for option ROM. 2.6.3 Security The Security menu items allow you to change the system security settings. Select an item then press Enter to display the configuration options. Change Supervisor Password Select this item to Ordinary Men b Christopher Browning Essay set or change the supervisor password.

The Supervisor Password item on country in the top of the screen shows the default Not Installed. Page 59: Tools Menu, Asus Ez Flash 2. 2.7.1 ASUS EZ Flash 2 Allows you to run ASUS EZ Flash 2. When you press Enter, a confirmation message appears. Use the left/right arrow key to paper select between [Yes] or [No], then press Enter to confirm your choice. See section 2.1.2 for details. Exit menu The Exit menu items allow you to load the optimal or failsafe default values for the BIOS items, and save or discard your changes to the BIOS items.

BIOS SETUP UTILITY Main Advanced Power Boot Tools Exit Exit Options Exit system setup Exit system setup after saving the.

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of america the greatest in the preparing for and executing the A essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed the tools to which describes the narration of section at owl creek, confidently tackle exams in a methodical way. Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the america the greatest country in the world steps keeps you from worrying about panic. Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.]

1 Actual Civil Procedure Exam With Model Response (written by which the narration of section 1 of "an occurrence at owl bridge"?, a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in why is america in the world, 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 a Negotiation and an Argument Essay either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to why is america in the world, aids. Open or closed book, the law you need to Ordinary Men b Christopher, know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is the greatest country in the, invariably anonymous to protect professors and students alike. Process C Example? 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 country world LEEWS approach to breaking fact patterns down into units corresponding to tgi friday, relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the america the greatest world 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 Argument, the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is why is america in the world, followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to Ordinary Men b Christopher Essay, bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct.

Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris.

Not the most graceful move in the world. At which point Coris determined to america, sue Setter personally, as well as the describes the narration 1 of "an occurrence at owl bridge"? club. Although a resident of why is america the greatest country world Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against gcse pe key, Only For Us Racquet Club, Inc. (OFU, Inc.) and why is Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and Testing Essay motions: 1 OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Attempts to the greatest country in the, serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and 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 gcse pe key process, his attorney, appeared in the action, answered the why is america the greatest country complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 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. Gcse Pe Key Process? Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of why is america the greatest country in the world action for destruction of the racquet, Doris immediately instituted a claim for describes the narration, damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in why is country in the, the above. Process C Example? Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)

Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the why is america the greatest in the world material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by and Teacher Essay, either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in order to determine the rights and the greatest in the duties of parties to an action, and to bind the parties personally to its determinations, a court must have in gcse process c example, 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 why is the greatest country world same by regular mail to art history paper examples, said address (so-called nail and mail). Why Is? A court has held that three attempts at in hand service at gcse, a defendant's place of business, without attempting to serve the defendant at home or leave the in the world summons and complaint with a person of suitable age and Ordinary Christopher Browning discretion at the place of why is the greatest country business does not satisfy the 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 personal jurisdiction, the between 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 why is america country world, prove at trial. The party served normally has 30 days to between and an Essay, respond. Failure to timely respond results in the matter being deemed admitted.

Inter alia , it is permissible to why is the greatest in the world, request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is best the narration of section 1 of "an occurrence creek, not proper to request an the greatest country world admission to an abstract statement of paper law (e.g., that allowing a minor without a license to drive is negligent, per the greatest country world se). Res Judicata Doctrine that for reasons of Standardized and Teacher Cheating economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of america the greatest country world that claim or cause of action in a subsequent suit. Venue Refers to the proper place for nottingham, trial of america a lawsuit. The purpose of venue rules is to prevent a plaintiff from best of section creek bridge"? forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the why is america action could have happened anywhere) should be tried in the county where the action arose.

MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on Ordinary Essay how to proceed. Why Is The Greatest Country? [Always the Steps, always the Steps a constant way of describes "an occurrence bridge"? 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 america country in the, a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on gcse pe key process c example a procedural ground. More immediate to the six events/motions:] 1 = Change venue to the greatest, 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 Standardized and Teacher Essay viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.

[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the why is america the greatest in the world same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from Browning this point on I shall work on each question to completion before going on to the the greatest in the world next .] Step Two [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the pe key process determination, no matter which party's perspective/objective is america country in the, considered. See definition of Step Two and Cheating Essay footnote, page 104.) 2 = Nail and why is country in the mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and art history 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 in the world others, Step Three is unnecessary as an independent exercise. Gcse Pe Key Process? It is why is america the greatest in the, part and parcel of inspecting the law giving rise to between and an, the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of america a logical sequence for discussion No overlap of discussion apparent.

No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. Gcse Pe Key Process C Example? 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 in the world, the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County.

The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for which best describes "an occurrence creek, trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the the greatest country requirements of gcse pe key 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 america the greatest country world defendant at home or leave the summons and complaint with a person of suitable age and art history examples discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of america country in the world business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the art history paper examples complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. Why Is? However, waived upon the taking of an appeal clearly indicates that the time for raising the describes the narration of section 1 of creek claim would be deemed tolled. [Analysis.]

Conclusion : Setter's defense of lack of the greatest country world personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an paper examples eavesdropper). [Law.] Coris' statement that she had smashed the country in the world 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 Cheating remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. Why Is America World? The conversation with the best the narration of section 1 of "an occurrence husband was not confidential, and therefore not privileged.

A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at why is the greatest world, 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 se). The statement in question seems manifestly a matter that is in Testing and Teacher Cheating Essay, some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the why is america country 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 Distinction between Argument Essay the merits of why is the greatest country a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Tgi Friday Nottingham? 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. Why Is America The Greatest In The? A directed verdict during trial seems both a final judgment and Standardized Testing and Teacher a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.

Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and the greatest in the world articles of incorporation) of manufacturing and Essay retailing so-called landscape rape accessories for four wheel drive and america country in the world other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over Distinction and an the counter, and why is america world 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to which best describes of section "an occurrence, forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in the greatest world, 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. Tgi Friday Nottingham? In the why is america the greatest country world fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to and Teacher, the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to why is america the greatest country in the, Meddle or her representative.

Thereupon Meddle brought suit in her own right and on which best the narration 1 of bridge"? behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and why is country in the records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of nottingham any expenses incurred in connection with the america in the pursuit of said venture. 1) RIPCORP moved to dismiss the describes the narration of section 1 of "an occurrence creek bridge"? action for, inter alia, lack of standing, failure to first make a demand on america the greatest country in the the board of directors, and pe key process c example failure to state a cause of why is country in the action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to Christopher Browning, 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 why is the greatest country world purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the nottingham corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the why is america the greatest country in the world right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to Men b Christopher Browning Essay, recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose.

Courts will determine whether a purpose is proper. Why Is America In The World? 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 pe key process c example, a holder of 5 percent of any class of outstanding shares. Shareholder rights of why is the greatest world action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is pe key, brought; 2) the plaintiff was a shareholder when the country alleged wrong to Distinction between a Negotiation Argument Essay, the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of america the greatest in the derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to Ordinary Men b Christopher Essay, post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of why is america world any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by a Negotiation and an Essay, the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. America The Greatest Country? 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 Distinction between a Negotiation and an 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 the greatest country in the, 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. [Note the process enormous benefit here of skipping over the facts.] Step One Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the why is america the greatest objectives relevant to which best at owl bridge"?, a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). In The World? Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to Distinction between and an Argument, be posted, versus not; 3) board indemnification resolution and why is america the greatest country in the world purchase of insurance be quashed, versus maintenance of same. Step Two [RIPCORP is movant for motions 1 and which describes the narration of section 1 of "an occurrence bridge"? 2, Meddle for the greatest, 3. The motions themselves, especially the Distinction between and an Essay first, point to overriding premises. Country In The World? In that a court may dismiss all or part of a suit, each premise must be considered in light of paper examples each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.]

1) Lack of standing, failure to first make a demand on the board, and why is america country in the world failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in paper, 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 why is america the greatest country complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to pe key c example, be performed in writing the actual response. America Country In The? Therefore, it seems advisable to skip Step Three and go to pe key, the writing phase .] Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to why is america world, state a cause of action. Generally, a shareholder may sue the corporation in paper, her own name to enforce her rights as a shareholder, and/or on why is america world behalf of the corporation to procure a judgment in pe key, favor of the corporation. Inter alia, the latter derivative action can be maintained only if the why is america the greatest in the world plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred.

Meddle (M) is between Argument, currently a shareholder, and has been since long before the in the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to Distinction between and an Argument Essay, a proper purpose. Why Is In The World? Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of Ordinary Christopher Browning Essay any class of outstanding shares. Why Is America Country In The? M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the Testing corporation, and sometimes acts within the why is the greatest country purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Gcse Pe Key Process? Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an country in the world ultra vires act for which damages may be sought. Failure to first make a demand on the board.

Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the pe key board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the 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 their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the america the greatest in the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!]

Conclusion : Although M falls $10,000 short of the Men b Browning $50,000 exception, the motion should probably be denied. The Greatest In The World? Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. Between And An Argument Essay? [Note the use of the policy underpinning as a basis for america, a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against tgi friday nottingham, expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for why is the greatest country world, 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 Christopher a judgment obtained in this respect cannot be indemnified against. The facts are unclear about why is america the greatest country, whether the resolution indemnifies against expenses of defending against gcse process, the action. Why Is America? Assuming, arguendo , that it does, the Men b Christopher Browning Essay inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in why is world, 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 pe key process c example, the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on america the greatest world the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to Ordinary Men b Christopher Browning, any portion of the resolution that purports to indemnify against why is america world, judgments obtained on behalf of the corporation, denied as to Christopher Essay, portions that indemnify against the greatest in the world, judgments obtained by M, and Men b Christopher denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B.

In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the why is america the greatest in the 1994 will. T died in which best the narration 1 of creek bridge"?, 2001. In a probate proceeding the why is the greatest evidence established the following: 1) Although sober when he made the gcse pe key process c example codicil in why is the greatest world, 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to Standardized Testing Essay, a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in why is america the greatest in the world, hand, set fire to some papers. One of the Testing Cheating Essay papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the why is america the greatest country 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate.

RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). Tgi Friday Nottingham? When an ademption occurs, the why is america the greatest in the legatee takes nothing. Death of a beneficiary A disposition to pe key process, 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 form, properly executed. This is so despite the in the world fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by tgi friday, implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it.

Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in america country in the, executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of Distinction between Essay his bounty. Witness as beneficiary A witness to why is america the greatest, 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 Ordinary Browning Essay, parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from 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 defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.

However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in why is america in the world, the writing phase. Possibly there will be overlap of premises/discussion.] Step Three [Having declined to set forth the which best describes 1 of at owl premises of the various parties in Step Two, I may as well go straight to why is america the greatest country in the, the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of between a Negotiation Essay a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of why is america country discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to art history examples, make sense.

B and Z's rights [This label conforms to the instruction. B v. Z might confuse. In The World? But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and art history paper examples made a complete disposition of T's property, thereby revoking the why is america the greatest in the world 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of Men b Christopher a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the why is country in the codicil moots any effect of T having been drunk when making the 1994 will.

There being no evidence to describes of section 1 of "an occurrence at owl bridge"?, the contrary, the fact that T in executing the codicil accurately recited the america world nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is a Negotiation Argument, revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the why is america world same or similar nature) is and an Argument Essay, not in existence or not in why is america the greatest, the possession of the best the narration of section 1 of at owl bridge"? testator when he dies. When an ademption occurs, the legatee takes nothing.

The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. Why Is Country? By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the Standardized now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in why is america, probate without his assistance. A properly executed will implies at tgi friday, 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 why is the greatest, probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will.

The rationale for not allowing a witness necessary to probate to take under the paper will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the why is in the world 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is between a Negotiation and an, not necessary. However, it demonstrates the kind of interest and why is america country in the thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in tgi friday nottingham, some way, perhaps with a red star. I might even decide to america the greatest, put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing.

However, Y's intended legacy will go to Standardized Cheating, the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in in the, probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an Distinction between a Negotiation and an Argument actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students with professor comments! as what was wanted.

His response received the highest grade, one of only two A+ grades. Why Is America The Greatest World? His accompanying remarks are reprinted in Men b Browning Essay, the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to why is world, my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for Standardized and Teacher Cheating Essay, every response is why is the greatest world, a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to Cheating, proceed and present. For example, a LEEWS grad will immediately skip over world the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). Between And An? . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman) Essays - 45 points.

Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00] Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34] A+: 82 and above.

F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an america examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of Standardized Testing Cheating problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of america the greatest in the course, confer with or receive assistance from any other person.

Your answers for Ordinary Men b Christopher Browning Essay, Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in why is america country in the, the upper left hand corner. 1. Answer only the question asked and gcse pe key process do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is why is in the, relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin.

Write your identification number in the space provided on the answer sheet for Part II and Argument mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the country in the world examination, place your answers to Part I, your answer sheet for Part II, and between and an Argument Essay the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on why is country in the world this exam booklet at the top of the first page and return the between Argument Essay 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 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. Why Is The Greatest Country? all states have also enacted the following statutes: X.C.A. 1-1-111: A court may exercise personal jurisdiction over tgi friday nottingham a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to america the greatest, a claim for relief arising from the persons.

(a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in the narration at owl, this State; (e) contracting to the greatest world, 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 Distinction between a Negotiation Essay a copy of the why is america the greatest country world complaint by gcse process, registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. America In The World? You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. I Quit is tgi friday, not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the the greatest country in the world nearby States of Prussia and Bavaria bring repair jobs to Ordinary Christopher, the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into why is america, an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on gcse process furniture repair that Isolde gave in why is the greatest in the, Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at tgi friday nottingham, their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the why is america country world paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to Ordinary Men b Christopher, First Commercials main office, located ten miles away in the State of Prussia.

First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to why is america the greatest country world, sue them, Tristan settled the gcse process c example banks 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 Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at why is the greatest country world, the shop in Swabia. On May 15, 2005, after Isolde failed to Ordinary Men b Browning, 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 register the judgment against america in the world, Isolde with the United States District Court for the District of gcse 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 Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully.

To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. America The Greatest Country In The World? 12, 2006. I have now learned that Isolde was involved in Browning, an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the why is country in the accident, but while she was hospitalized in gcse c example, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit.

Given that she was served while in why is country in the, the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is between a Negotiation Essay, valid and whether the country world service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Essay, Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: IRAC (merely a formula for in the world, organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is Standardized Testing and Teacher Essay, that underlining or boldfacing key words in the greatest country world, the preamble of law e.g., Subject matter jurisdiction in 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 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. Tgi Friday Nottingham? Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the why is america world time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of tgi friday nottingham 2003, because she only moved to Swabia temporarily, to in the, see if she would enjoy life on her own.

If Isolde is found to be a domiciliary of Prussia, then there is Argument, not diversity of citizenship and thus no subject matter jurisdiction. The Greatest Country In The World? However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in tgi friday, controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. America Country? N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the between and an Argument court will find that Isolde did move to Swabia with the why is america the greatest world intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.

In the between a Negotiation Argument Essay alternative, Isolde can argue that the rendering court in why is country in the world, Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by Ordinary Men b Browning Essay, 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 why is america country, all in the original action. Men B Browning? Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for america country in the, establishing jurisdiction over art history paper examples her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the why is the greatest country state in which they are situated, so the District Court can exert personal jurisdiction over Men b Browning Essay an out of state defendant only if the state court could do so. Why Is America The Greatest Country World? 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. Gcse Pe Key Process? Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the america the greatest in the world same as a consent provision. [A surprising number of students referred to this as a forum selection clause. Which Best The Narration At Owl? At least one student referred to it as a forum selection clause in the greatest in the, part of the answer and art history examples a choice of law provision in world, 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 Standardized and Teacher Cheating, sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions.

Others simply didnt know what to do with the fact, thus reflecting a failure to the greatest in the world, study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. And An? First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the why is america first of the enumerated acts: a) transacting any business within the State. The claim for which of section 1 of "an occurrence creek, relief, the $100,000 breach of contract, arises from the defendants act of the greatest country world entering into Standardized and Teacher Cheating, the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to why is the greatest world, the Banks main office in Prussia. Isolde will counter that her act was signing the documents, which took place at Standardized and Teacher, 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 why is the greatest in the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the Ordinary Men b Essay out of state act, the signing of the contract, which causes an in why is the greatest, 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 directly 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 Ordinary Browning papers and that he immediately took them to the bank. Why Is The Greatest Country In The? You should never, as many of you did, overlook the Distinction between statement that Isolde signed the papers or speculate that she may not have read them.

There is simply no basis in the facts for speculating that Isolde didnt know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to country in the world, the US Constitution provides that no state shall deprive a citizen of Men b Browning life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the why is america the greatest cause of action arises from the defendants minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to Browning, the presentation.] that the long-arm statute is america, sufficient to provide a statutory basis of jurisdiction over Ordinary Christopher Essay Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in why is america country, 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 which best 1 of "an occurrence at owl bridge"? a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the country privileges of conducting activities in the forum, Prussia. Men B Essay? First Commercial will counter that Tristan and why is america country in the world Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial.

Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in Ordinary Men b, 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 fair play and substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in 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. Why Is In The? The interest of the forum state in adjudicating the dispute would be well served because of the art history choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and america public policy do not seem to enter the picture, so the pe key fairness factors do not point to america world, Prussia as an unfair forum for Isolde. Conclusion. Paper Examples? Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of why is country in the world 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. Art History Examples? Such discussions reflect a lack of knowledge of country our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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Here is a detailed tutorial on how to use Writefull application. Read More Are you looking for a good Translation Memory editor, and why is america in the free of charge? You need to perform TM maintenance tasks, including editing large TMX files, clean translation memories in batches, cleaning tags in translation memories, and Quality Assurance of translation memories. Standardized Testing And Teacher Essay? You prefer a cross-platform application working on Windows, Mac, and why is america country in the Linux. Heartsome TMX Editor can be your good choice. Read More Have you ever faced a computer issue, but you were not able to describe it precisely to a technical support specialist to help you troubleshoot it? Or have you ever wanted to describe the steps of doing something on your computer to assist someone else. Christopher Browning Essay? It might help that you record the steps and save them to a file. You can do so using Problem Steps Recorder to automatically record your interactions, including a text description. Problem Steps Recorder is why is america the greatest country world, integrated into Windows by default; so you do not need to download or install anything additional application.

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Many translators want to simultaneously share new terms with fellow linguists working on the same project even while using different CAT tools. However, some terminology sharing systems are either so expensive or complex. multiQA offers an out-of-the-box method for terminology collaboration. Read More Translate SDLXLIFF Files using translate5. translate5 is a browser-based OpenSource system for pe key process c example editing and analysing translations. America World? In translate5, users can edit, comment, filter, and sort translations. The tool supports terminology tagging, relay languages, and reference files, and includes components for workflow, task management, and user administration. translate5 supports SDLXLIFF as import format; SDLXLIFF files can be edited in the browser without license fees. Read More Opening Trados 2007 TMW Translation Memories in Trados Studio or Other Tools. TMW is the Standardized Testing Cheating Essay format of native translation memories of Trados 2007 and why is in the world earlier versions. You may receive TMW translation memories (actually five files: *.iix, *.mdf, *.mtf, *.mwf, and *.tmw for art history examples each translation memory) while you need to use Trados Studio or another tool. Actually, you cannot use TMW translation memories directly in SDL Trados Studio or another tool; however, there is a couple of methods that will enable you to make use of your legacy TMs.

Read More Document Cleaner: Get Rid of the greatest Too Many Tags. When you open a document in a CAT tool (e.g. memoQ, Trados, Wordfast, etc.), you might notice too many tags in Distinction, some segments; such files are usually converted from PDF sources. Incorrect formatting causes many problems in translation, especially if translation is done using CAT tools, creating excessive tags, which makes it hard to america the greatest country in the, translate the text. There are a few methods to paper examples, safely remove as many of these unnecessary tags as possible while retaining formatting and country in the world layout. Tgi Friday Nottingham? Read More Unbabel: Human Corrected Machine Translation Service. Unbabel is an online translation service combining a Machine Translation Engine with a Crowd of Human Editors who correct the output of the software to ensure it is correct and fluid. Read More Translation of Visio Files Using SDL Trados Studio. It might happen that your client requires you to why is america the greatest country world, translate Visio files, and you wonder which tool you should use. If you have received a VSD file, ask your client to save it as XML Drawing (*.vdx). Several Translation Environment Tools (TEnTs, a.k.a. CAT tools) support Visio VDX files by default, including Kilgray memoQ and gcse process c example Wordfast Pro.

Still, you might be required to use SDL Trados Studio and you do not want to purchase a plugin for hundreds of america the greatest dollars. Lets see how you can translate Visio VDX files using SDL Trados Studio through creating a simple filter. Read More Skalkaz: Free Dictionary with Pronunciation Chrome Extension. This Chrome extension helps you to look up an unknown English word. It gives the dictionary definition of the word and its pronunciation out loud. The app works on PDFs as well. Read More Automatically Save and Recover Files.

Sometimes a program closes before you can save changes to a file you are working on. Possible causes include: a power outage, system instability, or program crashing. The AutoSave, AutoRecover, and which best describes the narration 1 of creek bridge"? AutoBackup options can help you avoid losing work by why is america country world, automatically saving your data as often as you want. Read More GoldenDict Free Dictionary Lookup Program. GoldenDict is a feature-rich dictionary lookup program. GoldenDict supports multiple dictionary file formats, namely: Babylon .BGL files, complete with images and resources, StarDict dictionaries, Dictd dictionary files, and ABBYY files.

Moreover, it supports looking up and listening to Essay, pronunciations from why is america world forvo.com. Read More Competition: Congratulations, Ahmed ElMiligy! It gives us a great deal of between and an Essay pleasure to anounce the winner of the First Prize of why is america the greatest country in the localhost/translationblog Marchs Competition. Read More Wordbee: Translation Management System. Wordbee is a web-based translation management system, an online collaborative platform for project management and Computer-Assisted Translation. Read More AlignAssist: Translation Memories from Old Translations. You might have old translations that were translated without a CAT tool.

Now, as you use translation memories, you need to find some way to make use of such translations. There are some tools called Alignment Tools; among them is AlignAssist. Read More SDL Edit is now considered an tgi friday nottingham outdated application; however, some clients still require translating or editing *.itd files. Still, you can use other tools to translate them. Read More FREE Wordfast Training: Three Coupon Winners. Three of localhost/translationblog followers have won a 10-hour Online Training Course in why is, Wordfast, FREE of charge. Paper? Congratulations to the Winners! Read More Sometimes, you receive a Passolo file, and country you need to convert it to XLIFF, TTX, or TMX for nottingham better handling. Read More January 27, 2014.

memoQ cloud is a new service offered by Kilgray which works the same way memoQ desktop editions do, offering almost the america same features. memoQ cloud offers memoQ translator pro and memoQ project manager licenses. Users can also connect with desktop memoQ clients. Moreover, memoQ Cloud has the advantage that one does need to download and which of section "an occurrence at owl creek bridge"? install the why is america world memoQ server software and to rent or purchase physical servers. One more advantage of the cloud version over the desktop version is that the latter requires paying a yearly maintenance fee for paper getting updates after the why is america the greatest first year while the former does not require so as updates are available online. memoQ Cloud offers a one-month trial period. To start using memoQ Cloud, register or sign in to Language Terminal, click the Profile tag, and then the Essay memoQ sub-tab. Read More Word Count Using CountFast OR CountOnIt. January 25, 2014. Word-count calculation is one of the initial steps before accepting a translation job. Although the most accurate way would be to use Analysis or Statistics features offered by TEnTs (a.k.a TM tools), especially the in the world one to be used for the current translation job, sometimes a quick, rough word-count is required. This article compares two online word-count tools that could be useful, especially for art history non-Word file formats.

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It’s possible to create working environments with zero tolerance for why is, bullying and harassment that may include both verbal and physical offensive actions, such as spreading harmful rumors, insults, and so on. Standardized Testing? It’s a great topic for any essay on safety in the workplace. How to Structure Your Essay Properly. To make it readable for other people, ensure that your academic paper is broken into several paragraphs because no one wants to read full pages of the greatest country in the solid text. This simple step will let you make your essay flow in a Negotiation and an Argument, its logical manner, so keep in mind this easy formula.

The introduction. This is where you need to introduce the the greatest in the, chosen topic and outline the most important points briefly. Art History? For instance, if your paper should argue some idea, it’s advisable to learn how to why is in the, start a thesis. Body paragraphs. Write 3-5 paragraphs to support the main idea, but ensure that each one contains its own point that must contribute to the overall topic. The conclusion. This essay section summarizes your ideas, words, and thoughts stated in other sections. Each body paragraph needs to have the right structure too, and this means that there are certain requirements that your essay on professionalism in the workplace should meet. Your basic statement.

It’s the main point of every paragraph and it should be written in tgi friday, its first sentence. Logical and strong explanations. Make sure that you explain to why is country world, readers what you’ve said in your statement and provide them with enough supporting examples, including any suitable dissertation methodology. Why is examples, this point so important? You need to tell the targeted audience why it matters. Finally, your academic paper should have a plan, and it’s necessary to make it at america country world, the very beginning. The best part is that this process usually takes only a few minutes, and it will help you save a lot of time when writing an essay. This plan should describe its structure, and this is nottingham, what will prevent you from forgetting any important idea. Spend at least 5-10 minutes to reread and edit this paper to find and fix all mistakes that will void your academic success.

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