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Article The Creation of dali the persistence of memory, Amazing Grace [John Newton] (Mezzotint by Leney after Russell, n.d.). Prints and Transcontinental Essay, Photographs Reading Room, Library of Congress. Arguably the best-known Christian hymn is Amazing Grace. Dali The Persistence. Its text, a poem penned in 1772 by John Newton, describes the joy and peace of a soul uplifted from despair to salvation through the gift of grace. Newton's words are also a vivid autobiographical commentary on how he was spared from both physical and about Rights Universal?, spiritual ruin. It relates the happy ending of the tale of a defiant man who manages again and salvador dali the persistence analysis, again to escape danger, disease, abuse, and death, only to revert to struggles between sin and Essay Rights, conscience. [ 1 ] Newton was born in 1725 in Wapping, a London suburb that thrived on shipping and sea trade. His father, a merchant ship captain, was often away on sea voyages that typically lasted two to three years. During one of analysis, these absences, Newton's mother succumbed to Transcontinental Railroad Essay, tuberculosis, leaving him in the temporary care of her friends, the Catlett family in Kent. His father remarried and Newton was placed in salvador boarding school. The Internet Essay. He stayed in close contact with the dali the persistence of memory Catletts, however, primarily because of their daughter, Mary, whom he eventually wed.
Mary was the cornerstone of Newton's existence. No matter what befell him, his goal always was to return to Research Paper, her. In spite of the powerful message of Amazing Grace, Newton's religious beliefs initially lacked conviction. Dali The Persistence Of Memory Analysis. Raised far afield of the prevailing Anglican traditions, Newton's youth was marked by religious confusion and, as he later confirmed, a lack of moral self-control and discipline. His father was educated as a Catholic by Jesuits in Spain and his mother was a so-called Nonconformist Christian who rejected the liturgy-based worship of the Church of England. Nevertheless, Newton's life, rife with the dangers, toils and snares at which his text hints, repeatedly brought him face-to-face with the notion that he had been miraculously spared. On one occasion, he was thrown from a horse, narrowly missing impalement on a row of sharp stakes.
Another time, he arrived too late to board a tender that was carrying his companions to tour a warship; as he watched from the shore, the vessel overturned, drowning all its passengers. Years later, on a hunting expedition in Africa on a moonless night, he and his companions got lost in a swamp. Just when they had resigned themselves to death, the moon appeared and they were able to return to safety. Such near-death were commonplace in Newton's life. Yet no matter how many times he was rescued, Newton relapsed into his old habits, continuing to text example, defy his religious destiny and salvador of memory, attempting to dissuade others from Transcontinental Railroad, their beliefs. Of all of the sins to which he later confessed, his habit of chipping away at the faith of others remained heaviest on salvador dali his heart. In 1744 Newton was press-ganged--taken by force into service in the Royal Navy. He was disgraced, relieved of his post, and traded for another man from a passing merchant ship, a slave vessel. Beginning his career in slave trading, Newton soon became tempted by its profits. Merchants believed that trafficking in human trade was justified since slavery was permitted in the Bible as long as slaves were treated with dignity and kindness. [ 2 ] That Newton engaged in the slave trade in such a manner was demonstrated by the willingness of japanese involvement, slaves to secretly carry his letters to port to send to Mary.
Despite a promising start with a slaver off the coast of Sierra Leone, Newton once again found himself in tough straits. Felled by malaria, he was at the mercy of the slaver's native mistress, whose abuse reduced him to the condition of the salvador the persistence of memory analysis wretch he later described in Amazing Grace. He recovered, however, but was soon to face another trial during which he was strengthened and inspired by Thomas a Kempis' Imitation of Christ . Newton was aboard ship one night when a violent storm broke out. Moments after he left the deck, the crewman who had taken his place was swept overboard. Although he manned the vessel for the remainder of the The Internet Lifestyle: tempest, he later commented that, throughout the dali the persistence analysis tumult, he realized his helplessness and concluded that only the example grace of God could save him. Prodded by what he had read in salvador of memory analysis Kempis, Newton took the The Internet Two Opinions first--albeit small--step toward accepting religion. Dali Of Memory Analysis. In the words of his hymn, this incident marked the hour I first believed. Upon his safe return home in the late 1740s, Newton immediately wrote to the Catlett family to plead his case for about Rights Universal? Mary's hand, although he could offer her no financial security. When Mary herself replied that she would consider his suit, he returned to salvador of memory, slaving to better his fortunes, this time on a ship full of slaves bound across the Atlantic to Charleston, South Carolina. Newton wed Mary Cartlett in Paper 1750. A changed man, he accepted the helm of a ship bound for Africa.
This time, he encouraged the sailors under his charge to prayer rather than taunt them for their beliefs. He also began to ensure that every member of his crew treated their human cargo with gentleness and concern. However, it would be another 40 years until Newton openly challenged the trafficking of dali of memory, slaves. Some three years after his marriage, Newton suffered a stroke that prevented him from returning to sea; in time, he interpreted this as another step in Romanticism Research Paper his spiritual voyage. He assumed a post in the Customs Office in the port of Liverpool and salvador of memory analysis, began to explore Christianity more fully. As Newton attempted to experience all the various expressions of Christianity, it became clear that he was being called to Essay Rights, the ministry.
Since Newton lacked a university degree, he could not be ordained through normal channels. However, the landlord of the parish at Olney was so impressed with the letters Newton had written about his conversion that he offered the church to Newton; he was ordained in June 1764. In Olney, the new curate met the poet William Cowper, also a newly-born Christian. Dali Of Memory Analysis. Their friendship led to persuasive text, a spiritual collaboration that completed the the persistence analysis inspiration for Amazing Grace, the poem Newton most likely penned around Christmas of 1772. Some 60 years later in America, the text was set to the hymn tune, New Britain, to which it has been sung ever since. The Former Slaver against Slavery. Even though many of England's great shipping cities prospered from the slave trade, social critics began to speak out against Transcontinental Railroad, the practice by the mid-18th century. By the 1780s, the salvador dali the persistence of memory powerful voice of William Wilberforce (pictured to the right) was added to this chorus. Wilberforce, a Member of Parliament, was the nephew of one of Newton's London friends. Inspired by the former slave trader, and paralleling Newton's own conversion, Wilberforce began to question his role in life. Although Newton, then a lowly Olney curate, was convinced that Wilberforce was just another wealthy politician, he persuaded him to crusade for Research change and use his station in life and his powerful friends (including Prime Minister Pitt) to seek reform.
One of the chief topics for such advocacy was abolition. In fact, Wilberforce wrote in his journal on October 28, 1787, that one of the two goals that had been set before him was the suppression of the Slave Trade. Newton joined in the fight for the abolition of dali the persistence of memory analysis, slavery by publishing the essay Thoughts upon the African Slave Trade. Because Christians still felt that slavery was justified in Paper the Bible, Newton and Wilberforce wisely avoided building their protests on a religious platform. Instead, they condemned the practice as an inhumane treatment of their fellow men and women. Newton, speaking strongly from his own experiences, also proposed that the captors were in salvador dali analysis turn brutalized by their callous treatment of others and cited offences including torture, rape, and Lifestyle:, murder. Newton's friend, the salvador the persistence of memory analysis poet William Cowper, joined their fight by writing pro-abolition poems and ballads.
In 1789 Wilberforce introduced a Bill for the Abolition of Slavery in Parliament. The bill faced opposition in both Houses, but the forces against enactment became weaker each time it came up for a vote. The bill finally was passed by the House of Commons in 1804 and by the House of Lords in 1807 after which King George III declared it law. The Internet Two Opinions Essay. There is no direct link between Amazing Grace and the abolition of slavery in Britain. Nonetheless, the hymn was written by a man who was moved to speak out against something from which he had once profited. In an essay Newton said: I hope it will always be a subject of humiliating reflection to me . . . Dali Of Memory Analysis. that I was once an Essay about Rights Universal? active instrument in a business at which my heart now shudders. Thus, it seems fitting that his hymn has become for so many--including those fighting for Civil Rights--an anthem against salvador analysis, all forms of social injustice. 1. Information for this essay was drawn in persuasive text example great part from salvador dali the persistence of memory analysis, Steve Turner's book Amazing Grace: The Story of America's Most Beloved Song (New York: HarperCollins, 2002).
We are grateful to the author for allowing us to Romanticism Research Paper, quote his book liberally. [back to text] 2. As Turner notes, the Quakers and Anabaptists were the only Christians to speak out against slavery (p. 50). [back to text] Articles and Essays with this item: Rights assessment is your responsibility. The Library of Congress is of memory providing access to text example, these materials for educational and research purposes and makes no warranty with regard to their use for the persistence of memory other purposes. The written permission of the copyright owners and/or other rights holders (such as holders of publicity and/or privacy rights) is japanese required for distribution, reproduction, or other use of protected items beyond that allowed by dali the persistence of memory analysis, fair use or other statutory exemptions. The Internet Lifestyle: Two Opinions. There may be content that is protected as works for hire (copyright may be held by the party that commissioned the original work) and/or under the copyright or neighboring-rights laws of other nations. Responsibility for making an independent legal assessment of an salvador dali the persistence item and securing any necessary permission ultimately rests with persons desiring to use the item. Users should consult the bibliographic information that accompanies each item for specific information.
This catalog data provides the details known to the Library of Congress regarding the corresponding items and may assist users in making independent assessments of the persuasive example legal status of these items as related to their desired uses. Salvador Of Memory Analysis. Items included here with the permission of the about rights holders are indicated as such in the bibliographic record for each item. In some cases, the salvador dali analysis Library was unable to identify a possible rights holder and has elected to place some of Two Opinions Essay, those items online as an exercise of fair use for strictly non-commercial educational uses. The Library of Congress would like to learn more about these materials and would like to hear from dali of memory, individuals or institutions that have any additional information or know of their history. Please contact: Performing Arts Reading Room. Suggested credit line: Library of Congress. For guidance about compiling full citations consult Citing Primary Sources.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the salvador dali the persistence of memory, “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 Romanticism Research, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams.
This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and dali of memory analysis Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in Essay, a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in the persistence analysis, civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to staffordshire reassure students. However, open book is salvador dali of memory analysis, misleading, as there is typically little time to refer to aids.
Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and Essay Rights Universal? graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on salvador dali, law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at pitbull the models. Standard exam writing advice posits that you follow IRAC.
I.e., identify the dali of memory analysis, Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to Lifestyle: Essay identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by 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. The Persistence Analysis! You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. The Internet Two Opinions Essay! Which is dali the persistence, 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 about, 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. The Persistence Of Memory! 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 japanese be in the hot tub for salvador dali of memory analysis 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. Lifestyle: Two Opinions! Not the most graceful move in the world.
At which point Coris determined to of memory sue Setter personally, as well as the club. Although a resident of Essay about Rights Universal?, Queens County, Coris, joined by her mother, Doris, a resident of dali the persistence of memory analysis, Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. Pitbull! (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. 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 dali the persistence the mailed copy never arrived, Setter, by his attorney, appeared in Essay about Are Human Rights, the action, answered the complaint, interposed affirmative defenses, and salvador the persistence analysis 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. Involvement In Ww1! requested an admission from Doris that Coris has a tendency to negligent behavior. Salvador! Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for in ww1 damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. 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 salvador analysis, action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to persuasive text example an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in dali, the state where an action is brought, and The Internet Essay 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 dali the persistence of memory analysis also mailing a copy of same by Essay Universal?, regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the salvador of memory analysis, summons and Transcontinental complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the dali the persistence, defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to persuasive example acknowledge the existence of facts that are not in salvador the persistence of memory, doubt and that should not be necessary to prove at trial. The party served normally has 30 days to Romanticism Research Paper respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on the persistence of memory analysis, a one-way street). However, it is not proper to request an involvement admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for dali reasons of 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 that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to japanese involvement in ww1 direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 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 of memory analysis, how to proceed. [Always the Steps, always the Are Human Rights Universal?, Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for analysis purposes of generating premises are intermediate in nature. Japanese! In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. Salvador Dali The Persistence Of Memory! not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and staffordshire viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in dali of memory, 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 Essay about Are Human Rights, time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from dali the persistence of memory analysis, this point on I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for staffordshire terrier relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the salvador analysis, determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and japanese mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . Salvador Dali Of Memory Analysis! . No.4; . . . 5; . . . Research! 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 dali the persistence of memory admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and The Internet Lifestyle: Two Opinions since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is the persistence of memory analysis, part and parcel of Rights, inspecting the law giving rise to dali of memory analysis the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for about Are Human Universal? discussion €” No overlap of discussion apparent. No reason apparent not to salvador dali the persistence analysis proceed in involvement in ww1, 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 salvador dali analysis it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose.
Transitory has been defined to mean that the transaction that is the subject of the Railroad Essay, action could have occurred anywhere. Coris' fall and dali the persistence of memory analysis the destruction of the racquet could have occurred anywhere. [Concludes statement of Universal?, 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 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. Salvador The Persistence! [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of The Internet, 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 salvador dali the persistence analysis serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the staffordshire terrier, requirements of due diligence.
Plaintiffs made no attempt to salvador analysis serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of The Internet Lifestyle: Two Opinions, personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of salvador the persistence, lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Japanese Involvement! Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to dali the persistence appeal claimed lack of personal jurisdiction. Arguably, raising the text example, claim on dali the persistence of memory, appeal is persuasive, after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the salvador dali of memory, action is discoverable, even if not admissible as proof.
Confidential communications between husband and wife are privileged from Two Opinions Essay, disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Salvador Of Memory Analysis! Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. Paper! [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per dali of memory analysis, se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial.
Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of terrier vs american, law. Conclusion : Doris' disregard of the analysis, request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in Essay Are Human, a subsequent suit. Doris' action in small claims court is grounded in the persistence of memory, the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits.
Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and Romanticism other off-the-road vehicles, quickly prospered and went public. Salvador Dali The Persistence Of Memory! Between 1999, when 100,000 shares were first sold over staffordshire terrier the counter, and salvador the persistence of memory 2001 the total value of about Are Human Universal?, RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of salvador of memory, directors. They further owned thirty percent of the outstanding shares, by far the largest voting block.
Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Essay, Southeast Asia ski resort options. In the salvador analysis, fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the Essay about Are Human Universal?, brothers issued a directive limiting access to salvador dali the persistence the books and records to persons cleared by them, and under no circumstances to The Internet Lifestyle: Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and dali the persistence of memory the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for Lifestyle: repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture.
1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the salvador the persistence of memory, court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the Essay Are Human, RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for dali the persistence of memory analysis 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 corporation, but performed in staffordshire terrier vs american, an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the dali the persistence of memory, right of the corporation to recover damages from the officers and/or directors (present or former) responsible for japanese involvement in ww1 the ultra vires act(s). Salvador Dali! 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 Essay, proper. A shareholder may examine the stock book and salvador dali the persistence analysis minutes of stockholder meetings on Essay, demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is dali the persistence of memory analysis, a holder of japanese involvement, 5 percent of any class of dali, outstanding shares.
Shareholder rights of persuasive text, action €” Generally, a shareholder may sue the dali the persistence, corporation in his own name to enforce his rights as a shareholder, and/or on Lifestyle:, 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 salvador dali the persistence, a shareholder when the action is Railroad, brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in salvador dali of memory, 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 Are Human Rights, possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the dali of memory analysis, corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to involvement have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the 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 salvador dali of memory analysis, sentence immediately preceding the motions reflects three ultimate objectives of Essay Are Human Rights, Meddle.
However, the dali the persistence of memory, objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Lifestyle:! Whether the salvador the persistence, 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 Two Opinions be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in dali of memory analysis, the preceding sentence . The facts in persuasive text, the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of salvador the persistence of memory analysis, standing, failure to first make a demand on japanese involvement, the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the salvador dali analysis, complexity of the pitbull, relevant premises noted in Step Two, the salvador dali, effort necessary for persuasive a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and dali the persistence of memory go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of Romanticism Paper, standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on analysis, behalf of the corporation to procure a judgment in involvement, favor of the corporation.
Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and the persistence when the alleged wrong to the corporation occurred. Staffordshire Terrier Vs American! Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of dali the persistence, stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is in ww1, a holder of five percent of the persistence of memory analysis, any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of text, any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior.
So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by the persistence of memory analysis, shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and Romanticism Paper former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on dali the persistence, the board. Another requirement for maintaining a derivative action is that the The Internet Lifestyle: Essay, plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in salvador dali the persistence analysis, 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 staffordshire terrier pitbull post security for costs , unless the plaintiff or plaintiffs hold at dali of memory 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 The Internet, 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 salvador dali analysis the Venture seems hardly without merit. [Yes, basic math may be necessary!]
Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the in ww1, security requirement seems utterly lacking, it is salvador of memory analysis, unlikely that a court would permit the corporation to persuasive text impose this financial impediment. [Note the salvador dali the persistence, use of the policy underpinning as a basis for The Internet Lifestyle: Two Opinions a counterargument.] Generally, a corporate director (or officer) may not be indemnified against dali the persistence analysis, a judgment obtained against him in a direct action by The Internet Essay, the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of salvador dali the persistence analysis, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. Essay About Rights! The corporation may purchase insurance to salvador analysis indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to Essay Rights begin the salvador dali of memory, analysis in a new paragraph.] M's action is in in ww1, part derivative on behalf of RIPCORP, and dali a judgment obtained in this respect cannot be indemnified against. The facts are unclear about example, whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the the persistence of memory, inherent improbability, indeed inherent folly of the Essay, Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith.
However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of dali of memory analysis, any RIPCORP director/officer that would preclude the purchase of persuasive text, indemnification insurance. Conclusion : The motion should be granted as to any portion of the salvador dali of memory analysis, resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to Romanticism Research Paper portions that indemnify against judgments obtained by M, and denied with leave to analysis 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 persuasive, 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 the persistence analysis my brother, Y. Second: I give, devise, and bequeath the rest, residue, and Transcontinental Essay 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 salvador dali the persistence of memory, 1994 will. T died in 2001. In a probate proceeding the persuasive, evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to salvador of memory analysis a syndicate in 1997 for $200,000. 3) Inadvertently in persuasive text, 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers.
One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of dali, Y, was one of several witnesses to T's execution of the persuasive text, 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 dali the persistence analysis, existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate).
By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of text example, 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 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 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 dali the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of text example, his property, and recognizes the natural objects of his bounty.
Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to 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 dali the persistence of memory analysis, T's estate. B v. Japanese In Ww1! Z seems a key conflict. Step Two €” [Each claimant must establish that the salvador dali the persistence of memory, 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 staffordshire pitbull 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 the writing phase. Possibly there will be overlap of dali the persistence of memory, premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the vs american pitbull, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to dali of memory analysis take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the Two Opinions, obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Dali! Z might confuse. But I'm thinking B v. Z!]
As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in Railroad, form, properly executed. This is salvador the persistence, so despite the fact that the will so republished may have been invalid for want of The Internet Two Opinions Essay, testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and dali 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 The Internet Lifestyle: Two Opinions Essay, intent and for the purpose of revoking the salvador analysis, will. Essay About Are Human Rights! The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of salvador dali the persistence of memory, no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the in ww1, 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 same or similar nature) is not in of memory analysis, existence or not in the possession of the 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 staffordshire terrier pitbull, republication of the salvador, 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in Research Paper, equal proportions per salvador dali of memory, stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will.
S was one of Paper, several witnesses to the 1994 will, implying that more than two persons witnessed the will. Salvador The Persistence Analysis! Therefore, presumably two other witnesses exist to Essay about prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Salvador! 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 not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an staffordshire pitbull A. Possibly it should be highlighted in dali of memory, some way, perhaps with a red star.
I might even decide to Lifestyle: put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to dali the persistence prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and about model response sent to us by one Richard Townley, Sr., U. Dali The Persistence! Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by Paper, their professors. Richard ordered the audio CD version of LEEWS. Salvador Of Memory Analysis! His is the Lifestyle: Essay, verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in dali analysis, the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . Text Example! The exemplar is, in salvador dali of memory, fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and Romanticism 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 analysis, a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and The Internet Two Opinions 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 dali the persistence of memory analysis follow instructions.
Before you begin work on persuasive text, this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Salvador The Persistence! Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. If your examination is Are Human Universal?, incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is salvador dali the persistence analysis, closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person.
Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and Railroad Essay staple all of the pages together in the upper left hand corner. 1. Salvador Dali The Persistence! Answer only the Transcontinental Railroad Essay, question asked and do so with organization, precision, legibility, and salvador analysis proper grammar and spelling. 2. Terrier Vs American! If a court rule or a statute is relevant to the persistence of memory 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 Paper, the answer sheet for Part II and the persistence of memory analysis mark the appropriate corresponding circles on your answer sheet to Transcontinental Essay indicate your examination number. Do not staple the salvador the persistence of memory analysis, answer sheet for Part II to anything.
Submission of japanese, Exams -- General Instructions When you have finished the examination, place your answers to salvador of memory analysis Part I, your answer sheet for persuasive text example Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on 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. The Persistence Of Memory Analysis! all states have enacted statutes that authorize the exercise of jurisdiction on each of the Transcontinental Railroad, traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;
3. all states have also enacted the salvador the persistence, following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over Railroad a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm.
Respond fully to the following memorandum from salvador of memory analysis, one of your employers. Japanese Involvement In Ww1! €śI Quit€ť is 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 the persistence of memory analysis, Swabia where most of their customers are from. Terrier Vs American Pitbull! Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to salvador analysis the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of First Commercial Industrial Bank of japanese involvement in ww1, Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in 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 their shop offering the dali the persistence analysis, bank€™s services, Tristan and Isolde decided to Romanticism Research Paper borrow $150,000 from First Commercial. Salvador Dali The Persistence! By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at The Internet Two Opinions Essay their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $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 salvador the persistence of memory analysis, two payments on Transcontinental, the loan. When First Commercial threatened to salvador of memory sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to staffordshire terrier her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. Dali The Persistence Of Memory! 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 japanese, 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 salvador the persistence of memory, Swabia and Bavaria. Research Paper! Be sure to discuss fully any possible defenses that you may have considered and the persistence analysis rejected and explain fully why you have rejected them. B. Romanticism Research Paper! The next day, you receive the following memorandum from the dali the persistence analysis, same partner. Again, respond fully.
To: Associate. Re: First Commercial Industrial Bank v. Involvement! Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in salvador dali the persistence, 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. Lifestyle: Two Opinions! Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in dali the persistence, her hospital bed with a another copy of the summons and complaint for terrier vs american pitbull the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against dali, Isolde is Lifestyle:, unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is salvador dali the persistence, valid and whether the Romanticism Research Paper, service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade.
Commentary by salvador dali the persistence of memory analysis, Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of Essay, R ule, and analysis the discussion ( A nalysis). Japanese In Ww1! (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 salvador dali, issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in about Are Human Rights Universal?, the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of the persistence of memory, limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and text example as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for salvador of memory one month. [The facts do not give sufficient information to japanese involvement know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not.
At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in salvador, 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 japanese in ww1 June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is dali of memory analysis, not diversity of Romanticism Paper, citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to salvador dali the persistence Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000.
The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. The Internet Essay! Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is salvador of memory, never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. Lifestyle:! However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the salvador the persistence of memory, District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the The Internet Two Opinions, rendering court in Prussia lacked jurisdiction over salvador analysis the person. Example! 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 making better use of the salvador dali the persistence, facts to terrier vs american support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in salvador dali of memory, the original action. Since she did not appear, there is no reason to pitbull discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the salvador the persistence analysis, state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so.
Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Pitbull! Because it is necessary that she be domiciled in Swabia to the persistence analysis establish diversity of Research, citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Salvador Dali Of Memory Analysis! Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. Transcontinental Railroad! [A surprising number of the persistence analysis, students referred to this as a forum selection clause. Staffordshire Vs American Pitbull! At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in salvador dali of memory, another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of in ww1, law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in salvador the persistence analysis, a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on Research Paper, the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of salvador the persistence of memory, entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Romanticism Paper! Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and the persistence narrowly. However, if a court interpreted the statute broadly (See Gray v. Japanese Involvement In Ww1! American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the dali, 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 Romanticism, facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on salvador the persistence analysis, behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the example, papers or speculate that she may not have read them.
There is dali analysis, simply no basis in Two Opinions Essay, the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The Persistence Analysis! The U.S. Supreme Court defined the due process standard as it relates to Essay imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the salvador, forum, such that the Essay about Are Human Rights Universal?, assertion of jurisdiction would not offend traditional notions of of memory, fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the japanese involvement in ww1, proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in salvador the persistence analysis, 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 Lifestyle: Two Opinions Essay, signed loan contract, was brought into the forum by the persistence analysis, the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial.
Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into Essay about Are Human Rights Universal? 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 €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in salvador dali of memory, litigating in Prussia, it does not seem unfair to require Isolde to travel to Railroad a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the salvador of memory, several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to staffordshire terrier vs american pitbull Prussia as an unfair forum for dali of memory analysis Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on Essay about Are Human Rights Universal?, a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the persistence analysis, the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and staffordshire terrier service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in dali the persistence analysis, the casebook.]
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10 Greatest Coaches In Florida State Football History. The storied history of Florida State football can be traced all the way back to salvador of memory analysis, the early 1900s, and during this time many phenomenal coaches have graced FSU with their charisma and love for Railroad the game. As we look through the 10 best coaches in Florida State football history, there is only one dubbed the dali greatest ever, and I feel honored to have watched him in person close out such an illustrious career as a great coach and japanese involvement, an even better man. Of Memory. Florida State will always run thick through the veins of any true Seminole, so as fans, it’s only right that we honor the 10 best coaches in Essay Rights, FSU football history. Many college football fans should know that Coach Bobby Bowden has the highest winning percentage of any coach in Florida State history (.757), but few know who has the salvador the persistence worst. Professor Ed Williamson coached the Seminoles to a winless 1947 season as the ‘Noles went 0-5 under his reign.
His .000 winning percentage is worst in Paper, school history, but as a stand-in coach hopping to get the Seminoles back to national prominence, not much was expected of the persistence analysis Coach Williamson. Understandably, the following year the terrier pitbull Seminoles made a strong comeback with a new head coach NOT named Ed Williamson. With accolades such as an All-American quarterback at Illinois, Rose Bowl and Orange Bowl Champion, a decorated United States Air Force Lieutenant, and dali, many wins over rival University of Florida, Coach Perry Moss probably shouldn’t add head coach of Florida State football to his list. In a time of flux after the unexpected departure of Coach Tom Nugent, FSU’s President Dr. Robert M. Strozier named former University of Research Miami assistant coach Perry Moss the salvador of memory new head coach in 1959. Moss enjoyed little success during his time in Tallahassee, coaching the ‘Noles to a 4-6 record but managed to catch on as FSU’s Athletic Director. That was until he decided to text, leave the school three days before the much anticipated FSU versus UF matchup for the CFL’s Montreal Alouettes offer of $40,000 to be their head coach, causing the Seminoles to lose in salvador of memory, Gainesville 18-8, in what was the final game of the 1959 season. Inducted into the College Football Hall of Fame in 2000, Coach Darrell Mudra wishes his resume didn’t include the two years he spent at Florida State. Compiling a lowly 4-18 record during the 1974 and 1975 seasons, Mudra’s aura of a national champ didn’t translate well in Tallahassee.
His unique style of coaching from the press box during games rather than down of the staffordshire terrier pitbull field may have worked well in D-II powerhouses of the time like Eastern Illinois and North Dakota State, but it didn’t translate well to the persistence of memory, the Seminoles style of vs american play, proving true by looking at his win-loss record. (W.W. Hughes is the man in the suit on the far left) The head coach when Florida State University was still called Florida State College, W.W. Hughes was the very first person to salvador dali, coach a Florida State football team. During his two years as head football coach in staffordshire terrier vs american pitbull, 1902 and 1903, Coach Hughes compiled a 5-3-1 record while also part timing as the college’s Latin instructor. I’m currently enrolled in a Latin class here at FSU, and of memory analysis, the fact that Coach Hughes had enough time in his schedule to study Latin while also coaching football is mind-blowing in its own right. Coming to Florida State with a reputation as a ‘new breed of Railroad Essay coaching’, Coach Larry Jones accumulated a stunning resume playing under Paul Dietzel during his LSU glory days, stints with LSU, South Carolina and analysis, West Point on their coaching staffs, and the defensive coach under Bill Battle at Tennessee. He came to FSU with a tough, upperclassmen-laden squad that went to the Fiesta Bowl in 1971, but lost. Romanticism Research. Over his three years in Tallahassee, Coach Jones amassed a 15-19 record, including a 0-11 1973 season that ultimately led to his departure from the university. Current FSU head coach Jimbo Fisher is quickly making a name for himself in salvador dali of memory, the college football world.
Leading the Lifestyle: Seminoles to a 10-4 overall record and 6-2 in the ACC in his first season, Coach Fisher saw his team take first in the ACC Atlantic and a Chick-Fil-A Bowl victory that will warrant a top 10 selection in the 2011 preseason polls. Salvador Dali Analysis. Fisher’s three years as offensive coordinator and head coach-in-waiting under legendary Coach Bobby Bowden surely taught him a thing or two about the college game, triggering the No. 1 recruiting class of staffordshire terrier 2011. Coach Fisher is as friendly and cordial as they come, always making time to salvador, talk to persuasive example, fans and the persistence of memory analysis, attending other FSU sporting events, making it safe to say that with Jimbo at the helm, Florida State Football will once again begin its climb to national dominance. Hired by Dr. Doak S. Campbell in 1948, Coach Don Veller was a part of many firsts for Railroad FSU football. Over his five years in the head coach position, Coach Veller’s teams went 31-12-1 including the first FSU victory, its first winning season (7-1 in 1948), and its first of salvador dali the persistence of memory two undefeated seasons (8-0 in 1950). Even more phenomenal, in Coach Veller’s first three years at Florida State, his teams won 24 of 26 games and took home the Dixie Conference title in all three years.
The passing of Dr. Don Veller on Nov. 10, 2006 was a huge blow to both the FSU football and golf teams, where he coached for 16 years after resigning from football, but his memory will forever live on at FSU and through the Seminole Golf Course named in pitbull, honor of Coach Veller. Taking over the Florida State football team in 1953 after a one-win effort in 1952, Coach Tom Nugent was a football innovator who brought with him the I formation. Said Nugent of dali the persistence of memory his introduction of the I formation; “People were very skeptical at first. They said it would never work. But it didn’t take long to realize we were onto Transcontinental Railroad Essay something big.” (Wikipedia) During his time at FSU, Coach Nugent also served as the athletic director and coached a few household names such as ESPN’s Lee Corso and actor Burt Reynolds. Dali The Persistence Analysis. “He Put FSU on the map in the early years,” said Reynolds of staffordshire vs american his former college coach. (Wikipedia) In his six years at FSU, Coach Nugent’s final record of 34-28-1 helped put FSU in the public eye and cement his legacy as a great coach.
Thought to be one of the salvador dali the persistence more unique coaches in college football history, Coach Bill Peterson is credited with bringing the pro-style passing game to college football. During his 11-year tenure with Florida State University, Coach Peterson is credited with a number of significant firsts in Essay, FSU football history. He became the first coach to salvador the persistence, beat rival Florida both at Doak Campbell Stadium and at Florida Field, later renamed Ben Hill Griffin Stadium. Coach Peterson trained the Essay Are Human Rights first All-American in FSU’s history, Fred Biletnikoff, while also recruiting the salvador dali the persistence of memory analysis very first African-American athlete to Research Paper, start for salvador dali of memory analysis the Seminoles in J.T. Lifestyle:. Thomas. Coach Peterson also has been known as a “Coach of Coaches” leaving a legacy of successful head coaches that got their starts under him.
This list includes: Bobby Bowden, Bill Parcells, Joe Gibbs, Dan Henning, Bobby Rossand and Ken Meyer just to name a few. Coach Peterson finished his coaching career at FSU with a record of 62-42-11 with a win and a tie in the persistence, two Gator Bowl appearances and has since been honored as a member of the Florida Sports Hall of Fame, the Florida State University Sports Hall of Fame and terrier pitbull, Gator Bowl Hall of Fame. Coach Bobby Bowden’s impact on Florida State University athletics and college football as a whole is immeasurable. Beginning his tenure in 1976, Coach Bowden accomplished many triumphs no other coach in FSU history has duplicated. He led his Seminoles to of memory analysis, the 1993 National Title as well as the BCS National Championship in 1999. Staffordshire Terrier Vs American. Since joining the salvador dali the persistence of memory Atlantic Coast Conference in 1991, Coach Bowden took home 12 ACC Championships along with the Walter Camp Coach of the terrier vs american Year Award in that same year. During his 34 years as Florida State’s head coach, Bowden only coached three losing seasons and salvador dali, accumulated an overall 315-97-4 record. He is second on japanese in ww1 the list of most wins by a college football coach, behind legendary Joe Paterno, with a 377-129-4 record, and that’s even after vacating 12 wins due to NCAA violations during the 2006-2007 season.
Coach Bowden’s last game coaching Florida State was at the 2010 Gator Bowl where he rode off on a high note, defeating his former team West Virginia 33-21. Coach Bowden will always be considered the greatest coach in salvador the persistence of memory analysis, FSU history and the history of college football, and even though he is no longer on the sidelines every Saturday for Romanticism Paper the ‘Noles, we still get the feeling that Florida State football will always be HIS team.
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essay format rules The Academic Essay. The academic essay is merely a specific writing genre#150;as is the love letter, newspaper editorial, or pop-fiction. As a genre, it functions within a set of norms, rules, and conventions. The purpose of this discussion is to make clear to you what those rules and the persistence, norms are, and how to use them to express your argument clearly. The purpose of the academic essay is to japanese involvement persuade by salvador the persistence analysis reasoned discourse. Text Example! Scholars use the essay amongst themselves to advance ideas.
Its value as an dali analysis, instructional tool is to assist students in developing their critical thinking skills. As you recall, critical thinking is defined as: the ability to read theory accurately, appropriate it meaningfully, apply it independently, generate results based on that application, analyze the results, and form a clear argument based on those results that can be defended with a specific line of reasoning. A good academic essay engenders this process and japanese involvement in ww1, clearly demonstrates that the process has been performed successfully. With this in mind let's examine how to write an academic essay. Do you frequently find yourself struggling with the introduction to your essays? Do you not know how to begin the essay? Do you find yourself searching for a generalizing statement that will get things going, and trying to find a delicate balance between BS'ing and saying something meaningful? If so, that's because you are not following the norms for the introduction to the academic essay. Following this norm actually makes introductions a piece of cake and gets you right into the body of the salvador dali the persistence, essay.
Here is the norm: The purpose of the introduction is two-fold: 1. To introduce the Essay, theoretical framework that will guide your analysis. 2. To introduce the thesis statement that will organize your paper. Following this norm allows you to cut to the chase. No more generalizing statements of philosophical speculation that you venture forth hoping that it won't get shot down. You know, crap like Hemingway was perhaps one of the most visionary authors of his time. or The Western is perhaps the most uniquely American of of memory analysis all the genres. Rather, if the purpose of the essay is to demonstrate that you have appropriated a theory and applied it independently to produce results, then the function of the introduction becomes more focused: to introduce the theory#150;or theoretical framework#150;that you have decided to use. Hence you will find that many essays begin with such statements as In his book. Or, In her essay.
IMPORTANT NOTE: One of the main reasons that the norm of the Introduction developed this way is because of an important rule of the persuasive example, Academic Essay: Avoid making statements that you cannot prove. The problem with the generalizing/philosophical/BS'ing statements like Hemingway. and The Western. is that they cannot be proven through reasoned discourse. Moreover, to even try and do so would require voluminous amounts of discourse for something that is not even your thesis: what you actually ARE setting out to prove. As a result, the genre of the Academic Essay has evolved into the above norm. It still meets an dali the persistence of memory, introduction's purpose of Lifestyle: orienting the the persistence of memory analysis, reader, it just does so in a very specific manner. Having accomplished that, the Railroad Essay, expectation for dali the persistence analysis, an essay is that you will introduce a thesis statement that is directly related to that theoretical framework (or its application). As a result, a major convention of the academic essay is that: The introduction ends with the thesis statement. Having stated a thesis, you are expected to then go and prove it through the body of the essay. That said, it is important to The Internet Two Opinions Essay discuss what's at stake in salvador dali the persistence analysis, making a thesis statement. There are four basic logical forms for a thesis statement: #149; A banal thesis statement.
#149; A simple thesis statement. #149; A complex thesis statement. #149; An impossible thesis statement. Let's discuss each of Romanticism Paper these quickly before moving on. A banal thesis statement is a statement that does not really say anything#150;it is in fact meaningless because it is either so overly general or so evident as to not be of significance. Here's an example from literature. Salvador The Persistence Of Memory! A frequent argument students will make is This author used symbolism to make his point. Staffordshire Pitbull! The statement, however, is meaningless precisely because it is not of significance: every author writing literature uses symbolism of one kind or another, either using language metaphorically or metonymically. Thus, to attempt to single out or make a distinction of a piece for using symbolism is to dali analysis not say anything that even needs proving to begin with. A simple thesis statement is not quite what it may sound like.
A simple thesis statement means that only staffordshire terrier one main point or argument is going to be proved. The term simple argument can thus be misleading because the argument itself can and frequently is very theoretically sophisticated. What makes them simple is that in terms of their logical structure, they only take on one line of proof, and hence, their organization of proof will be simple. One has to the persistence of memory analysis be careful, however, because sometimes one main argument may require SEVERAL supporting arguments. The example here would be the argument that Star Wars belongs within the Western Genre. Here the writer has only one thing to prove, but in order to do so will have to persuasive example establish the elements that comprise the Western Genre and demonstrate how the film embodies them--not a small task. Simple thesis statements are eminently preferable in dali, terms of writing an essay for a course.
It allows you to focus on your points and your proofs rather than getting lost in Research, the organization of the persistence of memory your arguments. A complex thesis statement means that the thesis has more than one point to involvement prove. In this respect, the essay will have to organize more than one line of reasoning in so far that more than one thing has to be proven. Salvador Dali The Persistence Of Memory Analysis! Complex theses are not necessarily more theoretically sophisticated than simple thesis statements, they are only more difficult to Transcontinental Railroad Essay organize clearly. Salvador Dali The Persistence! In this respect, they are not worth what they entail and should be avoided.
An example of a complex thesis statement would be something like: Faulkner's novels critique the ideologies of patriarchy and persuasive example, racism. This would be an appropriate analysis for the work of Faulkner, but I'm not sure it would be worth it. To begin with, it is salvador dali the persistence, not clear what the writer has to gain in japanese, terms of proving BOTH of salvador dali the persistence analysis these aspects of the work rather than just the one. Instead, with this complex thesis, there are going to be long sections of the essay where half of what needs to be proved will be left suspended while the other half gets discussed. Romanticism Research Paper! In addition, the thesis picks the work of dali of memory Faulkner which necessitates discussing every book, rather than just one. Thus it is Lifestyle:, that an important convention of the salvador dali the persistence, academic essay is that: A complex thesis statement can usually be restructured into a more theoretically sophisticated (if not interesting) simple thesis statement. Making an Essay Rights, Argument. As stated earlier, the academic essay is an exercise in reasoned persuasion. Salvador Of Memory! In this respect, the thesis statement is an important organizational structure insofar as it establishes how the rest of the essay will be organized. Classical logic maintains that there are 3 basic kinds of persuasive statements: statements of fact, statements of value (or evaluation), and Paper, statements of of memory policy (or action, which argue what we should do). About Universal?! Unless otherwise specified, the first of salvador dali of memory these, the statement of involvement in ww1 fact, is the form that the thesis statement for an academic essay should take#150;the obvious exception being when you write evaluative criticism (which you will NEVER do in my course).
Statements of fact can themselves be grouped into two basic forms: arguments of classification, and arguments of operation or function. It is possible to make other distinctions, like for example, arguments of relationship (how to things relate to each other) but these distinctions can be readily subsumed into these two basic groups. Arguments of analysis classification are when you establish some sort of criteria, and then argue that something meets or fails to text example meet that criteria. The earlier example that Star Wars belongs within the Western Genre is an salvador the persistence of memory analysis, example of an argument of classification. Having established what comprises the Western Genre, the writer will then go on to prove how Star Wars embodies, contains, or possesses those elements. The writer will, in other words, prove that Star Wars meets that criteria. Arguments of operation or function argues in terms of what something does, or how it functions. The earlier argument that Faulkner's work critiques the ideology of patriarchy is an example of terrier vs american function. This statement argues that Faulkner's work DOES something: it criticizes the ideology of patriarchy.
Note that unlike the argument of salvador dali the persistence classification, the writer of this essay SEEMS to have to do more to prove their thesis. Persuasive Text Example! They will not only have to define what the ideology of patriarchy is#150;and thus establish criteria#150;they will also have to demonstrate that Faulkner's work DOES something with that criteria. The question of salvador of memory HOW leads to a discussion of the body of the essay. The Body of the Essay. From a conceptual standpoint, the function of the body of the essay is to prove the thesis statement laid out in the introduction. Easy enough. This section discusses how the writer accomplishes that proof. In the discussion of types of argument, I made the point that the writer will have to establish criteria that can be used to Paper prove their argument. The body of the essay is the location where the salvador analysis, writer accomplishes that.
An introduction is staffordshire terrier, precisely that: It INTRODUCES the theoretical framework and the thesis statement. It does not DESCRIBE or DISCUSS these two things. This is a fairly common mistake that beginning essay writers make. They fear that they have not said enough in the intro and as a result, go on to discuss aspects of salvador dali the persistence analysis their theory or elaborate on a thesis. Transcontinental! The problem with doing so is that it screws up your organization.
What comes next is no longer clear to the reader. If you keep it clear to yourself that the purpose of the introduction to your essay is to only INTRODUCE your theoretical framework, and your thesis statement, then the function of the body of your essay will also become evident to salvador dali of memory analysis the reader. They will expect you to establish criteria so that you can prove your thesis. As a result, another important norm of the persuasive text, academic essay is: A primary function of the body of the essay is to establish the salvador of memory analysis, criteria by which the thesis statement will be proven. Thus it is that having argued that Star Wars is a Western, the body of the paper is going to have to first establish the elements that comprise the Western#150;it will have to establish the criteria by which the thesis can be proven. To argue that Faulkner's work criticizes thee ideology of patriarchy is The Internet Lifestyle: Two Opinions, going to require that the writer establish what the ideology of patriarchy is. Establishing the salvador the persistence, criteria by which the thesis statement will be proven leads to the next logical step: demonstrating how the object under investigation meets those criteria. Japanese! Clearly it is salvador dali analysis, not enough for the Faulkner essayist to just define what the ideology of patriarchy is.
Their thesis is that Faulkner's work criticizes that ideology. As a result, they will have to point to specific things within the Two Opinions, text and argue that they relate to those criteria IN A SPECIFIC WAY#150;in this case through a process of salvador dali of memory criticism. This process of relating the object of investigation back to the established criteria is another fundamental component of the body of the essay. Without it, the proof is not complete. As silly as that sounds, I kid you not that the most frequent mistake of beginning essay writers is a failure to relate their analysis back to the criteria they have established. Thus it is that another important norm for the academic essay is: Relate the analysis back to the terms and concepts of the established criteria. The Star Wars example brings up another fundamental logical task to this process. From the beginning you have probably thought the Star Wars thesis to persuasive text not be very feasible.
The film is not set in the West, and it occurs in the future. Dali The Persistence Of Memory! The question becomes, however, whether these are ESSENTIAL criteria to the Western, and if not, what is? In terms of proving that thesis statement, the writer is going to have to clearly establish what the elements of the japanese involvement in ww1, Western Genre are, and then relate aspects of the film back to salvador dali analysis ALL of those criteria. Herein lies the essential importance of completeness to that process. If the Star Wars writer establishes the Essay Universal?, criteria but can only point to the gun-fighting that occurs in the film, then their essay will fail to persuade. Dali The Persistence Analysis! Their essay will fail to Romanticism Research Paper persuade precisely because it inadequately addresses the scope of the criteria. Salvador Of Memory! Thus it is that another important norm for this process is: Fully address the established criteria. It is very important to note that fully addressing the scope of the criteria does NOT mean that the Romanticism Research Paper, object under discussion has to fully meet ALL the criteria. To stick with the Star Wars example, the writer can not IGNORE the issue of setting and even remotely hope to persuade the audience. In some way, the writer is going to have to address the fact that both time and place are out of the bounds of the salvador dali analysis, Western.
This is the point precisely. The author will have to ADDRESS that point#150;those criteria#150;not necessarily MEET those criteria. In this respect, the writer is going to Transcontinental Railroad have make a supporting argument about how these criteria relate to each other in terms of comprising the genre (or in a logical sense the whole). The important point is that all criteria are addressed adequately. Failure to address any of the established criteria creates a gap in salvador the persistence, logic.
Subsequently, the involvement, reasoning process (and its ability to persuade) fails. Fully relating the object of the salvador dali the persistence, thesis to the established criteria fulfills the logical requirements necessary to persuade reasonably and allows the writer to draw conclusions. Before that process is discussed, however, it is necessary to examine an important component of this relating back process. The Role of Description. Relating the object of investigation or the object of the thesis back to the established criteria is necessarily going to involve description. Description is Paper, frequently an unclear and thorny issue for writers of the salvador the persistence, academic essay#150;especially in terms of scope (how much is enough?). The purpose of Romanticism description, however, clarifies the issue of scope. The purpose of description to is to make clear, or establish WHAT in the object of investigation (the film, the scene, the shot) relates to salvador dali of memory the criteria being used. It therefore becomes important for persuasive text, the writer to use description in such a manner as to establish the the persistence of memory, basis of the relationship between the object and the criteria. Furthermore, the The Internet Two Opinions, writer should LIMIT description to accomplishing only dali of memory this task. Are Human! Added description is not only superfluous, but distracts from trying to prove your argument.
As a result, another important norm for the body of the academic essay is: Subordinate description to the purpose of analysis. As stated above the process of fully relating the object of the thesis to the established criteria has the effect of fulfilling the logical requirements. It is THAT task which ultimately persuades, not the conclusion itself. It is for the persistence of memory, this reason that, in staffordshire vs american, some respects, the conclusion does not seem to have a FUNDAMENTAL role in the process of reasoned persuasion. That in itself probably accounts for how many dopey tips exist for what to do with a conclusion, like: repeat the thesis statement (like people have forgotten it despite the fact that you've been working to prove it the entire time) or some other such thing. What to do with a conclusion if the work of proof is dali analysis, already done?
The most effective thing to do with a conclusion is to first signal that the work is coming to Transcontinental Railroad Essay close, and then close off the discussion itself by stating something definitive about the work. Like the introduction, then, the conclusion has a dual role: to signal the transition to closure, and to close the discussion with a definitive statement. The work of the conclusion should reference the thesis, without necessarily repeating the thesis (or the steps by which it was proven) It should then say something definitive that signals closure by pointing to the implications of what you've discussed, by amplifying what you've discussed, or by contextualizing what you've discussed. In each case, you are striving to close discussion by being definitive, and you are taking caution not to violate rule #1 of the academic essay: avoid statements that you cannot prove. To stay with the running examples, the conclusion to the Faulkner paper could look something like this: . it therefore serves as an example of how literary texts structure their criticisms of dominant ideologies. Dali The Persistence Analysis! (pointing to the implications of proving your argument). Thus, far from being a portrait of its time Faulkner's work demonstrates that literary works actively engage ideologies. (amplifying your argument) Rather than a story centered exclusively on war, Hemingway's novel instead participates in the reinforcement of persuasive dominant ideologies with American culture. (Contextualizing the argument) Note that the similarity here is how definitive these statements are. They draw upon the work that has been done, but say something different and final that is logically based upon what has been discussed. There are, of course, variations on the genre of the academic essay--some rather large difference exist, for example, between the social sciences and the humanites.
This discussion is based on the humanties approach. Other variations can result from the idiosyncracies of specific instructors. To the degree that what is salvador the persistence of memory, written here sounds heavy handed and Transcontinental Essay, inflexible, I caution instead that such tone is trying to reflect the manner in which your own analysis and writing will need to sound precise and rigorous#150;the standards by which the academic essay is dali the persistence of memory analysis, evaluated. The precision and rigor with which these norms and conventions are applied should function only to demand that your own analysis and terrier pitbull, reason engender these standards. They are thus meant to elevate your thinking, not control it. Salvador Dali! The principles by which the academic essay structures itself is Research, designed to be a discipline that frees your thinking, not subjugate it. Within its conventions is unlimited creative potential whose only demand, ultimately, is that you say something meaningful that others can be persuaded of via your logic.
What I have attempted to do here is make the salvador analysis, norms and conventions of the genre explicit so that you can refine your skills working within it. Mastering this genre has the benefit of developing your skill to analyze situations using explicit criteria, and be able to make decisions based on that analysis. More than a few people have found that possession of such a skill is invaluable in life and Universal?, professional endeavors.