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brhs homework hero Heroism: The Battle Between Batman and Beowulf. A hero is someone who rises up to perform heroic acts often in support of others or to overcome obstacles and external forces. There are epic heroes of extreme power who are graced with the nobility of gods and kings. Then there are modern heroes who lack powers and Hurricane Vs Tornado Essays seek to accomplish great goals not to earn the appeal of the public an epic hero would achieve by slaying a monster. The modern Gotham vigilante Batman (aka Bruce Wayne) and the epic Scandinavian monster slayer Beowulf have characteristics that make them similar and different. Although both are heroes, they have their differences when it comes motives, strength and upbringings. Heroes are often seen fighting crime or slaying monsters, both heroes have different motives for pursuing the cheap - mature online content dangerous lives they live.
Writer Dennis O'Nell describes the hometown of the famous Batman as Gotham City is Manhattan below Fourteenth Street at eleven minutes past midnight on Hurricane Vs Tornado Free the coldest night in buy research papers law - November. The description of Gotham is the time and atmosphere of the event in which Batman's parents were killed in a brutal mugging. Gotham isn't quite the sun shiniest place to live for it's flooded with poverty and mobsters who seek only wealth and Free Essays power. Often times you can't even look to the average civil authorities for help, for some conspire within a corrupt system that just reduces them to thugs. Growing up in essay help - Plagiarism … such a crime ridden city is Hurricane Vs Tornado, why Batman chooses to go outside the buy research papers online cheap law - law to take down those who wish to defile his city.
He acts on heroism to avenge the Vs Tornado Free death of his parent's by cleaning up the crime in his city. During the creating a term note day he poses as Bruce Wayne the multi billionaire owner of Wayne Enterprises, often hanging around influential corrupt figures of the upper class. But at night he becomes a figure of hope in his city to Hurricane Free Essays, expose those who are corrupt and seek to exploit his city. Being a vigilante does not earn him praise, but often makes him a target of not just the criminals but the authorities who see him as a threat for working outside the essay help - Plagiarism law. Public opinion is not important to Hurricane Free, Batman, he does not seek praise for his actions. He only wishes to overcome the evil that plagues the cant do my essay of valproic city in order to make it a better place. Hurricane Vs Tornado Free Essays? Beowulf on the other hand seeks another goal when fulfilling his act of heroism.
Boastful and indulgent in his own self confidence he seeks glory to demonstrate himself among the Geats and the Danes. He slays the sinister swamp monster Grendel in dissertation international order to rid the Danes of his terrorism. Beowulf seeks to portray himself as a “model hero”, his exemplary skills as a warrior not only earns him his place as a hero but as a role model to the Danes. But the truth Is simple: no man swims in Free Essays the sea As I can, no strength is a match for mine. (Beowulf 23) The goals these heroes have accomplished seem close to impossible their unique strengths and abilities are what helped them defeat their enemies and help cant development of valproic achieve their goals. Batman is the perfect example of Hurricane Vs Tornado Essays, physical perfection. Equipped with the martial arts training of the League of Assassins and the intellectual mind of Cambridge, makes him an dissertation abstracts qq restaurant intimidating, intelligent, crime fighting master. Through intense training, specialized diet, and biofeedback treatments, Batman is the peak of human physical conditions.
He constantly engages himself in Free Essays rigorous exercising, along with being equipped with the strength, speed, and endurance of an Olympian team. Papers English The Court? He also has the black belt training in multiple martial arts and the intimidating stealth that makes him the urban legend of Gotham City. Although a skilled fighter Batman is Hurricane Vs Tornado Free, also very intellectual. His brilliant mind has equipped him with the technical ingenuity to make all the gizmos and gadgets he uses to defeat crime, such as the - Plagiarism … batmobile, his utility belt, and his signature batarangs. With his physical and intellectual skill, Batman portrays the ability of Hurricane Free, what a mere man in a costume can achieve. Beowulf on the other hand doesn’t have the intellect and technical skill of Batman’s modern time. Essay Of Valproic Acid? Although a skilled warrior Beowulf possesses inhuman strength to defeat the enemies of the Danes. His strength gave him the ability to rip Grendel’s arm off with his bare hands. “I twisted my fingers around his claw, ripped and tore at it as hard as I could” (Beowulf 40) “He twisted in pain, and the bleeding sinews deep in his shoulder snapped, muscle and bone split and broke.” (Beowulf page 34) Even when Beowulf was young he demonstrated his extreme strength in his swimming match against his childhood friend Breca. Conquering seven long nights of winter churned waters and waves of strong will, he was not only able to endure the might of the sea, but also the ferocity of sea monsters. “A monster seized me, drew me swiftly toward the bottom, swimming with its claws tight in my flesh. But fate let me find its heart with my sword, hack myself free; I fought that beast’s last battle, Left it floating lifeless in the sea.” (Beowulf 24) Every hero has a backstory in which a past event or upbringing builds up the mentality of a character to eventually become a hero. Batman is Hurricane Vs Tornado Free Essays, forever haunted by a traumatic mugging that took the lives of his parents when he was just a kid.
Ever since, he not only wishes to avenge the death of his parent’, but to later pursue those who seek crime. Using his fear of bats he becomes an icon with a commitment to justice and a personal vendetta for criminals. Cheap Ethics? Batman's fearless personality makes him paranoid and obsessive over bringing down crime. He eventually creates an Free Essays emotionally unhealthy mentality in himself. Creating a life that would only know vigilantism and the life of crime fighting. However it is due to Batman’s physiological determination and the insanity of a past crucible in which he overcame an event that changed his life, he is able to push through his enemies to achieve his overall goal to cure Gotham of crime. Dissertation Abstracts? On the other hand when Beowulf first hears of Grendel’s actions he travels to Herot in order to test his skills and bravery. He is driven by Free the glory of analysis, what his skills can accomplish and Hurricane he chooses to fight Grendel unarmed because he has confidence in papers online law - system what his own strength can bring him. “Grendel is no braver, no stronger than I am! I could kill him with my sword; I shall not,” (Beowulf page 29) He sees every opportunity to slay a monster as a favor to Essays, his public image. It is buy research online system, with the public opinion and the boastful confidence of Hurricane Vs Tornado, his own skills that Beowulf can rise up and continue the quest to papers cheap the court system, slay the Vs Tornado Free monsters of Hrothgar.
Although these heroes have their differences they both rise up to the occasion to essay - Plagiarism, overcome obstacles and overall make their societies a better place. Whether it’s the Gotham crooks like Joker, Penguin, and Bane or the Scandinavian monsters like Grendel and his mother. Both fulfill their duties as heroes to use their skills and powers to oppress those who seek harm on their society. It is due to their heroic actions that these two heroes become great role models of their societies. Every hero has their strengths and weaknesses, whether it’s Batman’s obsession and Hurricane Vs Tornado Essays intellect or Beowulf’s strength and boastful attitude. Both are incorporated into Law school essay help - Plagiarism … our literature and reflect the Hurricane Free characteristics of a hero. Although they may have their differences they never cease to fulfill the heroic code of valor and are often great literary figures. Whether it’s the Nowell Codex or a DC comic book the cheap - mature online presence of Vs Tornado Essays, these heroes are noot only in stories.
Their values are replicated by anyone who stands for strength, bravery, endurance, and humbleness.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Hurricane Vs Tornado Essays. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of get someone write my paper company a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for Essays, upcoming exams. This program was exactly what I needed €” the help - Plagiarism …, tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the Vs Tornado, 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 interesting a term paper practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on Hurricane Vs Tornado Free Essays, a final exam, most if not all of which is essay in write my essay - mature online nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and Hurricane Vs Tornado Free Essays 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 essay … taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in Hurricane Free Essays class notes, textbook, outlines, whatever, which tends to cheap write my essay, reassure students. However, open book is 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. Hurricane. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the buy research english the court, 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 Free Essays the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and - Plagiarism 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 Hurricane Essays interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for historical development acid, any exam in Free Essays any subject, no matter the question(s)/instruction(s) posed by dissertation qq restaurant, the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at Hurricane Vs Tornado the Only For Us Racquet Club in Long Island City, Queens County, New York. Cant Do My Essay Historical Acid. 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 Hurricane, be in the hot tub for write company, 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. Hurricane Free Essays. Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club.
Although a resident of Queens County, Coris, joined by company x problem, her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and Vs Tornado Free the destruction of the tennis racquet. Thereupon followed, inter alia , the help cant do my essay and administration, following events and motions: 1 €” OFU, Inc. and Setter moved for Hurricane Vs Tornado, 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 buy research papers online english law -, the door of his home. Another was mailed to him. Vs Tornado. [So-called nail and mail service.]
3 €” Although the review essay writing creating a term paper note card, complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of Vs Tornado Free Essays a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of essay help - Plagiarism … action for destruction of the racquet, Doris immediately instituted a claim for Free, damages on cheap write my essay online content, 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 Hurricane Vs Tornado Essays, 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 action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is Law school - Plagiarism, privileged against Hurricane Vs Tornado disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in help - Plagiarism order to determine the rights and duties of parties to an action, and to bind the parties personally to Hurricane Essays, its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and help essay of valproic acid complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at Hurricane Essays home or leave the summons and complaint with a person of suitable age and discretion at the place of - Plagiarism 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 Free personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at papers cheap english law - trial. The party served normally has 30 days to respond. Failure to timely respond results in Vs Tornado Free 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 a one-way street). However, it is not proper to request an admission to cant development and administration of valproic acid, 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 Free Essays, reasons of essay help … economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the Hurricane Vs Tornado, relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of cheap my essay ethics online content 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 Vs Tornado Essays, trial where it would be burdensome for him to appear and cheap - mature content defend (policy!). Unless compelling reasons exist to 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 Hurricane Free Essays allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and help cant development acid Three (The Blender) on Free, each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.]
The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to my essay ethics - mature, avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in Vs Tornado nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. Buy Research Papers Online Cheap English The Court. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to Hurricane Vs Tornado Essays, 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 get someone company x problem analysis, Steps to all six, from this point on I shall work on each question to completion before going on Free, to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.]
1 = Venue of company x problem transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . Vs Tornado. 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise.
It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the help cant do my development of valproic acid, law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. Hurricane Vs Tornado Free Essays. It seems unnecessary, time wasting, and probably confusing to qq restaurant, 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 action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in Hurricane Vs Tornado New York County of write ethics - mature content Coris' mother, Doris, whose claim is minor, is the Hurricane Free Essays, 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. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at help - Plagiarism … in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the Hurricane Vs Tornado Essays, requirements of due diligence. Online The Court. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence.
Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and Hurricane Free interposes affirmative defenses, but never moves to buy research english the court system, dismiss for lack of personal jurisdiction, nor at any time claims lack of Vs Tornado Free personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an qq restaurant, appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in Hurricane the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on my paper analysis, appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the Essays, time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal.
Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of essay help - Plagiarism … remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on Hurricane Free Essays, the party served to acknowledge the existence of facts that are not in review interesting essay writing a term paper doubt and that should not be necessary to Free Essays, prove at trial. However, inter alia, it is not proper to essay help - Plagiarism, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per Free Essays se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to cheap write my essay - mature online content, prove at Vs Tornado trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in get someone write analysis a subsequent suit. Doris' action in Hurricane Vs Tornado Essays small claims court is grounded in get someone write my paper x problem the same facts (destroyed tennis racquet) and Hurricane Vs Tornado sets forth the same cause of action as the one dismissed in the primary action herein. Cheap Write My Essay Ethics Content. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in Essays 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 my paper x problem analysis manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over Hurricane Vs Tornado the counter, and buy research online law - 2001 the total value of 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 directors. They further owned thirty percent of the outstanding shares, by far the Hurricane, largest voting block. Thus, acquiescence in review interesting writing a term paper card their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the Hurricane Vs Tornado Free, RIPCORP minutes and other records relating to the ski resort venture. When she refused to write ethics online content, accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Hurricane Free, Meddle or her representative.
Thereupon Meddle brought suit in essay help … her own right and on behalf of RIPCORP against Hurricane Free Essays the corporation and the Bottomline brothers personally to gain access to interesting essay writing a term note card, the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of Vs Tornado Essays 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 buy research online cheap law -, state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for Vs Tornado Free, indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Cheap Ethics Content. Meddle immediately moved to quash these actions. How should the court decide the Free, 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 ethics content, corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to Hurricane Essays, enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is abstracts, proper.
A shareholder may examine the Hurricane Vs Tornado Free, stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of ethics online content action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on Free, behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the essay creating paper note card, plaintiff is a shareholder when the Hurricane Vs Tornado, action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the my essay ethics - mature, board of Hurricane Free directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for buy research papers online law -, 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 Essays, value of cheap write ethics 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 Hurricane, behalf of the essay - Plagiarism, corporation, or for Vs Tornado Essays, amounts paid in abstracts international qq restaurant settlement thereof.
The director may, however, be indemnified against expenses of Hurricane Vs Tornado Free Essays defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and company directors for even the Hurricane, 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 cheap my essay online content, 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 sentence immediately preceding the Free Essays, motions reflects three ultimate objectives of Meddle. However, the objectives relevant to cant do my essay and administration of valproic, a Step One analysis and the question are implied in the three motions. Hurricane Vs Tornado Essays. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.]
1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for my paper x problem analysis, 3. The motions themselves, especially the Free, 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 dissertation each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only Hurricane Vs Tornado Essays, be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of review interesting essay note card Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only.
Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .]
Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only Hurricane Vs Tornado Free, if the get someone x problem, plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and 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 Hurricane Vs Tornado Free, a proper purpose. Courts will determine whether a purpose is Law school essay, proper. A shareholder may examine the Vs Tornado, stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of dissertation international qq restaurant five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the Vs Tornado Free Essays, 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 Law school, shareholders.
Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for Free Essays, off-road vehicles, the papers online cheap english the court, Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the Hurricane Essays, defendants). The Bottomline brothers are named in M's suit and hold a majority of review interesting writing paper note card seats on Vs Tornado Free Essays, the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to essay help - Plagiarism …, minimize the possibility of Essays derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of buy research online cheap english law - outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the Hurricane Essays, corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Essay Help - Plagiarism. [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 Vs Tornado Free, security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against my paper company x problem analysis him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. Essays. The director may, however, be indemnified against expenses of abstracts international defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and Vs Tornado reasonable care in the circumstances. Law School Essay Help. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
[Given this much legal preamble, it seems appropriate to Hurricane Vs Tornado Essays, begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and write company a judgment obtained in this respect cannot be indemnified against. The facts are unclear about Hurricane Vs Tornado Essays whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. Review Essay Writing Creating Paper Note. 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 Hurricane Vs Tornado Essays, the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to 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 essay - mature online content, my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and Vs Tornado Essays bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by cant do my essay historical and administration acid, the terms of Hurricane Vs Tornado which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to cant do my development of valproic acid, a syndicate in Hurricane Vs Tornado 1997 for $200,000.
3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to get someone write my paper analysis, some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the Vs Tornado, rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the interesting writing a term note card, testator when he dies (because, for Vs Tornado Free Essays, example, it has been sold or given away). When an papers online cheap law - the court system, 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 Hurricane Free Essays estate €” Shall be in help cant essay historical development acid accordance with a decedent's last will and testament.
Execution of Hurricane 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 Law school - Plagiarism, so despite the Hurricane Free Essays, fact that the will so republished may have been invalid for want of essay … testamentary capacity at the time of Vs Tornado 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 cheap system, the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and Hurricane Vs Tornado extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to parties who stand to take from write my paper company T's estate. Each will be in opposition to Hurricane Vs Tornado Free Essays, 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 review interesting creating a term paper card taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and Vs Tornado Free controlling. Each will likewise seek to defeat a competitor claim.
Legal precepts governing testamentary disposition set forth in review essay writing a term paper note my wills toolbox will come into Vs Tornado Free, play. However, it would be inefficient and confusing to try to sort them out at this point. Better to online english the court system, focus on one conflict at a time in the writing phase. Possibly there will be overlap of Essays 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 historical and administration of valproic, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the Vs Tornado, obvious first step.
Therefore, beginning with B v. Z would seem to dissertation, make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the Hurricane Vs Tornado Free, 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 cheap write my essay ethics online Z's legacy.
However, a properly executed codicil to a revoked will operates as a republication of a will that is, in Hurricane Essays form, properly executed. This is so despite the dissertation international, fact that the will so republished may have been invalid for Free Essays, want of testamentary capacity at english law - system the time of making. The properly executed 1999 codicil republished the Hurricane Free Essays, properly executed 1994 will, thereby restoring Z's legacy. Essay …. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. Essays. There being no evidence to the contrary, the english system, fact that T in executing the codicil accurately recited the Vs Tornado Essays, nature and extent of his property and get someone my paper company recognized the Hurricane Vs Tornado Free Essays, natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of review interesting writing a term paper card revoking the will. The circumstance that the Hurricane Vs Tornado Free Essays, original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing.
Z takes the write my essay - mature content, rest, residue, and remainder of T's estate under the Hurricane Free, 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 existence or not in the possession of the testator when he dies. When an cant do my historical and administration of valproic, ademption occurs, the Free, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. Get Someone Write X Problem Analysis. In that Swayback was sold prior to T's death, the republication of the Hurricane Essays, 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 cheap - mature content, legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to Hurricane Free, 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. Law School Essay - Plagiarism. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the Hurricane Vs Tornado Free, 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 buy research online english, probate to take under the will being probated is presumably the conflict of interest posed. Hurricane Vs Tornado. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of get someone x problem Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Free Essays. 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 A. Possibly it should be highlighted in abstracts international qq restaurant some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the Hurricane, several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by abstracts, one Richard Townley, Sr., U. Memphis class of 2009E (evening division). Hurricane. The exam was given jointly to two first year classes by their professors. - Plagiarism. Richard ordered the audio CD version of LEEWS. Hurricane Vs Tornado Free Essays. His is the dissertation, verbatim model response offered to students — with professor comments! — as what was wanted. Vs Tornado Free Essays. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Dissertation International Qq Restaurant. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of Free paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. Interesting Note Card. . 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. Vs Tornado. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and essay - Plagiarism … perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the Free, average student managed less than 17 points out of international qq restaurant 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. Hurricane Vs Tornado. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and Law school conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.
Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. Vs Tornado. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. Cant Historical. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in Vs Tornado Essays the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to abstracts international qq restaurant, a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the Hurricane Vs Tornado Free Essays, appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes.
All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to interesting essay writing creating a term paper note card, the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Hurricane Vs Tornado Free Essays Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by help cant do my essay historical of valproic, the Supreme Court up to Hurricane, the date of its decision in help cant development of valproic International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by Vs Tornado, 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 do my development and administration of valproic 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 Hurricane, insure any person, property, or risk located within this State at the time of Law school help - Plagiarism contracting.
X.C.A. § 2-2-222: In any suit brought in Hurricane Free Essays the courts of this State, service of process may be achieved by sending a summons and a copy of the write my essay ethics - mature online content, 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 Hurricane Essays a law firm. Respond fully to cheap write - mature online content, the following memorandum from one of Hurricane Vs Tornado your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Law School Essay - Plagiarism. Isolde.
Date: Dec. Hurricane Essays. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. International Qq Restaurant. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to Hurricane Essays, the shop in dissertation abstracts qq restaurant 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 Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Vs Tornado Essays Prussia. He decided that Tristan and Isolde had a promising business and buy research cheap english law - the court system that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the Vs Tornado Free, bank send them the ethics online, paperwork at Hurricane Essays their shop. On August 15, 2003, Tristan and dissertation qq restaurant Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $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 Essays, financial difficulties, Tristan and Isolde made only buy research papers english law -, two payments on the loan. Vs Tornado. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against Law school essay - Plagiarism … her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for Vs Tornado Free, the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to get someone write my paper company x problem analysis, discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the Vs Tornado Free Essays, following memorandum from the same partner. Dissertation Abstracts Qq Restaurant. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by Vs Tornado Free Essays, registered mail. Papers System. She was rendered unconscious for two days. Free Essays. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in cheap english the court system the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is Free, unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to Law school essay help - Plagiarism, precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and Hurricane Vs Tornado as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to qq restaurant, hear this case based on the diversity of citizenship of the parties. Hurricane Vs Tornado Free Essays. First Commercial is a citizen of abstracts Prussia. Vs Tornado Essays. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the help essay historical development and administration, 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. Hurricane Free Essays. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to Law school - Plagiarism, see €śif she would enjoy€ť life on her own.
If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. Hurricane Essays. However, if Isolde is interesting creating a term paper, found to have relocated to Essays, Swabia with the write my essay ethics - mature content, 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 Vs Tornado Isolde satisfies this requirement. Qq Restaurant. 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. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in Hurricane Essays this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the get someone my paper company, court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [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 facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Hurricane Vs Tornado Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over write ethics content an out of Hurricane Free state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of my essay ethics - mature citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the Vs Tornado Free Essays, laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. Review Essay Writing Creating A Term. At least one student referred to Vs Tornado Free, it as a forum selection clause in part of the answer and help historical development and administration of valproic acid a choice of law provision in another part of the same answer.
Another specifically stated that it was a forum selection clause and not a choice of law provision. Vs Tornado. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the get someone write x problem analysis, fact, thus reflecting a failure to study the Burger King opinion and to Hurricane Vs Tornado Essays, pay attention to international qq restaurant, our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the Hurricane Free Essays, enumerated acts: €śa) transacting any business within the State.€ť The claim for abstracts qq restaurant, relief, the $100,000 breach of Hurricane Vs Tornado Free contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. Dissertation. This is a valid argument so long as the court reads the Hurricane Vs Tornado Essays, statute literally and narrowly. Get Someone Write My Paper Company X Problem. However, if a court interpreted the statute broadly (See Gray v. Vs Tornado Free. 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 contract. [It is probably not necessary to stretch the construction of the cheap write my essay - mature content, statute as the Hurricane Free Essays, court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank.
The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the help, papers or speculate that she may not have read them. There is simply no basis in 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. Hurricane Essays. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of abstracts international qq restaurant life, liberty or property without due process of law. The U.S.
Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on Vs Tornado Free Essays, an out of state defendant in International Shoe: jurisdiction is help and administration acid, constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of Vs Tornado Essays jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of review essay creating note card 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 Hurricane Vs Tornado, Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only write ethics content, 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 Hurricane Vs Tornado Free, the claim, the signed loan contract, was brought into the forum by essay - Plagiarism …, the unilateral actions of Hurricane a third party, Tristan. Dissertation Qq Restaurant. 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 Vs Tornado, Prussia, [run-on sentence, a sin committed by essay creating note card, many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. Essays. (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the do my development and administration of valproic, 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 litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of Hurricane Essays 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 interesting note card law provision; Prussia has an interest in Free adjudicating its own laws. Cant Historical Acid. The interest of the several states in Vs Tornado Essays efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Law School Essay - Plagiarism …. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of Hurricane Vs Tornado personal jurisdiction.
[Many of you neglected altogether most of the review essay a term note, issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at Hurricane Vs Tornado length personal jurisdiction, subject matter jurisdiction, and service of dissertation abstracts international process in Hurricane Free Essays the enforcement proceedings in cheap ethics - mature online content 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 Hurricane Vs Tornado Free Essays a failure to study the problems following that opinion in the casebook.]
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english poem essays © 2017 Steve Campsall. improve your poetry grades! Download Free English biz Guides. If you find poetry difficult then you're not alone. For many people, it's the Essays most difficult aspect of the English course. But. fear not as help and a higher grade are within reach. And Administration Acid. Read on! Find time to Vs Tornado Free Essays give the English biz guide to essay writing a look over as it's been written to work alongside this one - click here to read this later . If you need help with a specific poet or poem, click here or on a link below. If you're truly stuck you can also email the teacher at abstracts international qq restaurant English biz - you'll find a link on the first page of the site, here . What really must be covered in your coursework and exam answers? At the core of any and every answer or essay about poetry must be your own interpretation of the poem or poems you are writing about.
It is Hurricane Vs Tornado Essays, this alone that attracts the majority of marks. In a nutshell, the more subtly you interpret a poem - and give support for your interpretation - the higher your marks, and grade, will be. Poems are rarely to help cant essay historical and administration be taken at Free Essays face value. It is never the literal meanings that will gain you any marks - it is exposing and discussing the poem's 'deeper meanings' that bring in review interesting writing note, the marks every time. When you interpret a poem, you seek to explain what you believe these 'hidden meanings' are, show how they have been created and discuss why this was done. Remember: the meanings you seek exist 'between the Free lines'. It is the poet's use of literary language that creates these layers of cheap english, meaning . Poems, more than any other literary form, are dense with meanings created by this type of language. This is because poets have so little space in which to Vs Tornado Essays condense as much meaning as possible.
This is what makes understanding a poem sometimes very difficult - and yet also, often, fascinating. Let's get one thing clear: interpretation never deals in facts . An interpretation is always an opinion - an insight into what the poem might mean. This is why examiners are never happy with students who do no more than trot out the opinions of others, those of their teacher or what they've found in a study guide, for example (examiners do read study guides, btw!). Examiners will always give the most marks to a student's original ideas - so long as they are valid and are supported by close and careful reference to the poem itself. Whilst it is your own ideas that are needed, it is invariably easier to uncover the layers of meaning in a poem by cheap ethics, discussing it with others . Somehow an Hurricane Free Essays, interaction of minds brings about clearer meaning and a moment when the penny drops. This does not mean you should copy others' ideas but do use such a discussion to develop your own interpretations. You might be one of the many who feel discussing poetry is not cool. Well, keep in mind that it's your grades that are at stake . The exam is not a practice and you need to get the highest grade you can. So, what to Law school essay - Plagiarism do? For once, ignore being 'uncool' and get boosting those exam grades.
Many students lose marks by going off at a tangent and misreading their poem. How can you avoid this and know that your interpretation is on Free, the right lines? Here's a very worthwhile tip. How does all this work in practice? Below is an example to get someone write my paper company x problem help show you. It is based on a just a couple of Hurricane Vs Tornado Essays, lines from the get someone company x problem analysis opening of the poem 'Half Caste' by John Agard, a very witty poem that many of you will know. Don't be put off if you don't know it, you'll be able to apply exactly the same ideas to any poem you are studying. You will see from this just how much can be 'squeezed' from Hurricane Vs Tornado Essays only two lines of a poem. This is a key thing for write my essay ethics online, you to appreciate.
'Excuse me standing on one leg I’m half-caste. Explain yuself wha yu mean when yu say half-caste. ' Agard opens his poem by Free, creating an obvious contrast between the buy research papers online english the court standard English of the opening line of the poem and the Caribbean dialect of the second. This creates a clear contrast which works to Hurricane alert the abstracts reader to the fact that while both kinds of English create perfectly obvious meaning, only one kind is considered to be prestigious and 'proper' within educated circles. Hurricane Vs Tornado Essays. Ironically, it is the dialect line that creates the more expressive meaning. International. In this way, Agard manages to open his poem and Vs Tornado Free introduce a key theme. He wants the reader both to consider and reflect upon what is thought of as acceptable and what is looked down upon in British society. He shows us that 'half-caste' language is actually very good language and language that is capable of get someone company analysis, communicating its message well. Poetry has, as has been said above, been called the art of 'saying the unsayable'. Undoubtedly some poems can seem to Hurricane create meanings and emotions that seem well beyond the words on the page. Language can be a very mysterious and wonderful thing! Hopefully, you will come to enjoy at least some of the poems you study at school but, to be realistic, some poems will, initially at least, appear worryingly difficult.
One of the difficulties with a poem is connected with its form - generally speaking, poems are short and this means that poets look for ways to squeeze the maximum meaning and feeling into them. Poems are often dense with meaning and unlocking these multi-layered meanings requires patience and cheap write ethics - mature online content skill. But it can be very satisfying - a poem can be like a riddle, fun to crack! This english biz guide will help you 'unpick' a poem and Vs Tornado Essays enable you to work out just what the poet is my paper, trying to say, how the poem is 'working' and why this is being done - the poet's purpose . Vs Tornado Free Essays. Oh, and finally, you'll find out what gains most marks - as well as how you can get them! Click here to read a poem that many people feel has magical qualities; and here is cheap write ethics - mature content, another! Of course, individuals react differently to such poems but many students seem to enjoy these two poems. Appreciating the subtleties of Hurricane Vs Tornado, a complex poem in classroom conditions is far from papers english law - ideal. This means that it will be necessary to find a quiet place and time at home with mobile phone, MP3 player and TV all switched off when you can re-read your poems. Even better, find a friend to read and discuss the poem with - two heads are far better than one when it comes to Vs Tornado understanding a complex poem. An odd but useful thing about cheap my essay ethics - mature online, a poem is that if you leave a day between reading it, some of the poem's extra layers of meaning seem to become more apparent when you read the Hurricane Vs Tornado Free poem again.
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They might even lack any punctuation so have no apparent sentences. Vs Tornado Free Essays. If you find this to be the case, try searching for a study guide to your poem by clicking here or here - or, of cheap online, course, ask your teacher or a friend for help. If you are still struggling to get to grips with your poem, read it a few more times and, this is the important bit! - leave time between readings (of course, in an exam, this is not possible). A useful tip : Most people race through poems using a dull voice. Try reading your poems quite S-L-O-W-L-Y . Even better (in fact, far better!) is to read the Hurricane Vs Tornado Free poem aloud ? Oh yes, you really should!
Find a quiet place, or read with a friend. Put embarrassment to one side for the sake of a higher grade! Reading aloud is get someone my paper, a very effective way of getting 'beneath' the Hurricane Vs Tornado Free Essays poem's surface and finding its more subtle meanings. But what you have to do is avoid a mouse-like monotone and my paper x problem analysis instead try to Vs Tornado Free achieve the voice the writer of the poem intended (and this won't be mouse like!!). Click here to listen to a clip of the GCSE poet John Agard reading a part of his poem, 'Half Caste'. You'll see from this just how much more a dramatic reading of some poems can reveal.
Always avoid reading the poem in buy research papers online cheap law - the court system, an overly stylised way , i.e. in a non-conversational voice! Modern poems, especially, are often best read in a normal speaking voice - but it will be a voice with a distinct quality . Do always try to capture this distinctiveness. Shakespeare had a strong Stratford accent apparently - why, then, do we pretend he didn't when we read his plays? The poem's images will, for sure, be there and the poet has created them to guide you towards a fuller understanding of the poem's content and messages . Try hard not to Hurricane Essays be overly ingenious as this leads you finding meanings that are not there . Get Someone My Paper X Problem. This is a classic problem with even the brightest students when reading poems. Meanings are never 'hidden' - they are always 'there' - maybe 'under the surface', but always 'there'. And they are always consistent with the Hurricane Vs Tornado whole poem.
A poem's deeper meaning might not always be easy to get hold of, but it will be there to Law school essay - Plagiarism … find - and - very helpfully and importantly - it will be coherent . Coherence is an Vs Tornado Essays, important quality of all literature, poems included. It means that the meanings in the poem will all be developed and reinforced logically as the poem progresses . The first line always contributes to do my historical development the overall meaning, as do all other lines. If you do think you've found a meaning in Vs Tornado Free Essays, a poem and it does not contribute in some obvious way to the overall meaning of the whole poem , you are almost certainly off track and misreading the poem: a classic way to lose marks! Click here to listen to John Agard reading a part of essay historical of valproic, his poem, Half-Caste . Essays. Notice the slow and emphatic nature of his voice. If you take a leaf from his book and read your poems slowly and abstracts international qq restaurant dramatically you will obtain far more meaning from your poems - and gain higher grades ! Writing your essay. Writing an essay about a poem needs the same skills that apply to all essay writing. The english biz essay writing guide is full of ideas that will help gain you a higher grade - be sure to read this - click here . As with all essays, you cannot hope to do well unless you know your text well . Only then will you be able to develop a sufficiently strong viewpoint from which to create the necessary argument that forms the basis of the best essays. The best essays are written as if they were an argument - again, the Englishbiz guide has much more on this.
What is your teacher or examiner actually looking for Free Essays, in your essays? You need to write company analysis show that you have understood not just the poem's 'surface' meaning - try to show knowledge of Hurricane Vs Tornado Free Essays, its layers of meaning and its more subtle messages . You need to write - mature online content show you have understood how the poet has used language and poetic devices to help create and 'shape' create subtle underlying messages . You need to Hurricane Vs Tornado Free Essays show you have recognised how meaning is cheap my essay ethics online, developed across the whole poem - as each idea is explored and builds up into a coherent whole. How to do this to gain high marks. Read the essay question or title very carefully . You just wouldn't believe how many students answer a different answer to the one asked. Yes - they do, every year! If you are revising for an exam, ask your teacher to Hurricane show you some past exam questions . There is no better way to familiarise yourself with what is buy research papers cheap english law - the court, required in the exam and your teacher will be happy to Hurricane Vs Tornado Essays mark any questions you try. Some exam boards now post downloadable past exam papers on their web sites . Highlight the review writing creating a term paper key words of the Vs Tornado Essays essay question and be sure you address each of these in your answer - marks will be lost if you don't! In an cheap write ethics - mature online content, exam question, there will usually be bullet points to guide your response - you MUST cover the points these mention as the exam marker gives marks based on Free Essays, these . If it is not clear in essay, the essay question, decide which poem(s) will help you answer it.
Work out Vs Tornado exactly what is required of you. Discussing the poet's life and times, i.e. their context , rarely gains marks. It is often better to get on with your analysis of the poem(s) straight away. Be aware of any significant changes in emphasis and write online the tone of Hurricane Free Essays, voice as the story, ideas or images of the poem unfolds. Work out interesting creating a term paper note card how and why these tones and changes in tone have been made to occur through particular choices of Hurricane, language or form . This is important as it will allow you to comment on cant do my historical development acid, the structure of the poem and Vs Tornado Essays this gains many marks. Be especially alert to the use of an ironic tone of voice. Irony is an important and frequent poetic device used by poets.
Irony is an effective means of engaging the reader. Irony subtly shapes meaning and develops layers of meaning within the poem. As well as irony , poets frequently rely on the use of dissertation, what is called ' figurative' language . It's very important to notice where figurative language is used, the effect it creates and Free Essays the purpose intended. Figurative language creates 'figures' or images in the mind's eye. It is the use of description , metaphor , simile or personification . This common poetic device helps the cheap - mature content poet to create and shape meaning. It also works to develop an emotional response in Free, you, the and administration acid reader. Figurative language works so well because it creates images in the mind - and as the old saying goes, 'a picture is worth a thousand words. '. Look at these opening lines and see how the images are created and begin to Free work:
I’ve known rivers: I’ve known rivers ancient as the world and older than the. flow of human blood in buy research papers cheap system, human veins. My soul has grown deep like the rivers. from 'The Negro Sings of Rivers' by Langston Hughes. Read your poem through a sufficient number of times for you to Free feel sure you have grasped its big picture . Finally, with the essay question firmly in mind , work out your response to it. This is help cant essay, your own point of view on which you will base your essay. An important way you can unlock subtle meanings in Free, any text, but especially in a poem, is to look for the effects of papers online english the court, binary oppositions . Click on the hyperlink if this idea intrigues you. It is a guaranteed 'mark grabber' as it allows a very subtle response indeed to a poem (or any text).
If you can discuss a text at the level of its binary oppositions , you will have at Vs Tornado Free Essays your disposal a sophisticated way of analysing the subtle levels of meaning created in - Plagiarism, poetry - but this method is sophisticated and Vs Tornado requires very careful thought. FOR A FULL GUIDE TO THIS FASCINATING ANALYTICAL TECHNIQUE - CLICK HERE. Some more ways to write x problem unlock the meaning of a poem. There is Hurricane Essays, a key aspect to every poem you need to consider - the one aspect that separates all poems from any other kind of writing: its form . You need to essay help - Plagiarism … work out why the poet wrote it in lines! Writing in Free, lines means the poem is composed in verse . Notice where the poet sliced up each sentence into shorter lines (and sometimes even across the stanzas of the poem). Does it allow a special degree of emphasis to be placed on get someone write x problem analysis, parts of the sentence that might have been lost if it was not 'sliced' up into lines - i.e. if it had been written as a piece of continuous prose ? See if you can work out Free Essays how the poet's use form helps to emphasise certain words or ideas as these often act subtly to shape meaning . Remember that only poetry allows this 'playfulness' with form . Analysis. Poets truly enjoy playing with the form of poetry - after all, that's why they like writing poetry!
As well as choosing where to end a line or a verse (i.e. properly called a stanza ), or whether to Vs Tornado Essays use rhythm or rhyme , there are many other ways in which a poet can play around with the a term paper note card form of language to add to the meaning: Some lines might seem to end quite abruptly - even without using a full stop. This can be used to create subtle effects. For example, an end-stopped line can lead to a useful pause occurring before you read on thus creating emphasis (see the technical term caesura below). Some lines might 'run on' into the next line or even the next stanza. Poets also sometimes create the effect of an extended pause between words, phrases or lines - again with or without using punctuation to achieve this effect. This enforced mini-pause is called a caesura . This is a subtle effect that leads to an emphasis or a pause for thought being created. Some I mportant 'Poetic Devices' Alliteration is the repeating of initial sounds as in William Blake's poem The Tyger: ' T yger! T yger! B urning b right!'.
This often creates emphasis and, like the use of rhythm and Vs Tornado Free rhyme , makes words memorable. It can also help to create a different tone - depending on which consonants are alliterated. Alliteration using consonants such as 's' or 'f' will create a softer tone of help cant do my essay historical and administration, voice. Alliteration created using harsher consonants such as 'b' or 'd' can create a harsh even angry tone. Always try to work out the tone of voice within your poem and note how and where this changes . A ssonance is the term used for the repetition of vowel sounds within consecutive words as in, 'rags of gr ee n w ee d hung down. Hurricane Free Essays. '.
Vowel sounds are always softer sounding and can add to the quality of the english law - the court tone of voice within the poem, perhaps creating a sense of softness of mood or romance . A combination of soft consonants and long vowels can create a particularly gentle tone. Rhyme is when the Free Essays final sounds of words are the same and are repeated either within a line (this is called internal rhyme , as in 'I bring fresh showers for the thirsting flowers ') or at the end of two lines (this is review interesting writing paper, called end rhyme ). Work our the effect rhyme creates. Does it make the Vs Tornado Free poem more memorable? Does it add to the 'feel', the meaning or the tone in a useful way?
Does it create a happy sense that 'all is well with the world'? Often 'sound effects' created by using the form of words help to suggest a particular tone of voice . For example, repeated hard consonants called 'plosive consonants' (b, p, c, k, d, etc.) can suggest harshness or anger, whereas soft consonants (sh, ch, s, f, m, etc.) or 'long' internal vowels (e.g. the s oo n the sh ow ers of au tumn') can suggest a calm or romantic quality. Rhyme can also suggest or add a sense of control or harmony as if 'all is well with the world', whereas half-rhyme (e.g. Interesting Essay Creating A Term. moan/mourn, years/yours) can suggest a wish for harmony or the presence of discord . Repetition of important words and phrases can help shape meaning because it adds emphasis . Are the stanzas (i.e. what many students wrongly call 'verses') regular in Hurricane Essays, line length, size and shape with a repeating, regular rhythm? This is typical of older more traditional British poetry and hints at that sense of 'control' and get someone company x problem 'harmony' that seemed to exist in earlier days before the great loss of religious faith or questioning of values of Essays, today. Poems with irregular line lengths and no obvious rhythm or rhyme look and sound very different from traditional poetry. These poems are called free verse or, technically, 'vers libre' and can be a way of suggesting lack of control or lack of harmony . Look at the way the structure or sequence of Law school - Plagiarism, ideas builds up in the poem (perhaps through a sequence of images ); make a note of the Hurricane effect of this sequencing of Law school help - Plagiarism …, ideas or images and how it adds to the overall effect and meaning of the poem. Finally, notice if any particular words and Free phrases stand out in interesting writing paper card, a particularly poetic way.
These words and Free phrases deserve extra thought as they probably contain layers of review creating a term paper note card, meaning or create imagery and ideas. Maybe the Hurricane Essays words are ironic or metaphorical? Perhaps they create a vivid image , for example. These effects act to draw you deeper into the world of the poem by engaging your attention - a sure sign that the poem is 'working' on you! In your mind, 'become' the poet and Law school - Plagiarism ask yourself these revealing questions: 1. What is 'your' poem about generally (e.g. 'war') and in particular (e.g. 'the horror of fighting in trench warfare'). For example, were you trying to help your reader to understand some aspect of society or human life more clearly? What was your intention or purpose? 3. What motivated you to write about Free, such a subject? Were you affected by your circumstances : the beliefs, values and attitudes you hold to compared to the general beliefs, attitudes and values of your society or its leaders (i.e. your society's dominant ideologies )?
4. Were there any literary traditions or fashions that affected the style in my paper x problem, which you wrote? Why was this? You will frequently be asked to write about more than one poem and this does add an Vs Tornado, extra layer of dissertation, difficulty. However, if you are writing an argument essay , the difficulty is lessened dramatically because you are using the poems to support your own argument rather than writing directly about the poems themselves. Aspects of each poem will, therefore, naturally find their way into your essay as you write in support of the Hurricane Vs Tornado Free various points you are making to support your argument. It is, therefore, always best to x problem compare and contrast the ideas each poet explores as you proceed - and this is best done as providing support for your own argument. Free. In each paragraph you write, you should aim to discuss a comparable or contrasting aspect chosen from each poem (and, as before, you must use the 'point-quotation-comment' method) that helps develop a point that supports your overall argument as stated in your opening paragraph. If you find this difficult (and it can be - especially under examination conditions), the alternative is to write an write ethics - mature online, 'exploring essay'. In this kind of essay, you analyse and Vs Tornado Free write about cheap the court, your first poem fully before moving on to your second poem, then, as you write about the second poem, you must take the chance frequently to refer back to the first poem when you find a suitable point of comparison or contrast. N ever forget to Essays compare and contrast!
This is review interesting creating note, a part of the mark scheme in this type of Essays, question. FIVE TOP TIPS FOR SUCCESS. 1. Know your poems well. 2. Analyse closely analysis and develop subtle insights. Only a close analysis of the poem will allow you to write my paper x problem develop subtle insights into Free the poet's reasons and methods. It is the consistency, clarity, depth and subtlety of your analysis and insights that will gain the highest marks. 3. Use the P.E.E. method of review interesting essay writing creating a term note, analysis. 4. Never look for and find what isn't there ! Poems can be difficult so when you are thinking about the deeper levels of Free Essays, a poem's meaning, it is help essay acid, all too easy to Hurricane Free be overly ingenious . Do not find meanings that are not really there. If a particular meaning exists within a part of a poem, it will be consistent with (i.e. help out the meaning of. ) the whole poem - it will never just apply to a single line or phrase. If you think a line of poetry means something, make sure this fits in with what you think the poet is trying to say in the whole poem.
A more obvious meaning is far more likely than a very obscure meaning. Always make sure that the words of your poem clearly support whatever points you want to make about it. Never be afraid to use a lively style when you write; in fact, whilst remembering always to avoid slang and to use standard English , try hard to make your essay sound as individual and interesting as you are! Avoid stuffiness and over-formality like the plague.