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George Orwell s Five Greatest Essays (as Selected by Pulitzer-Prize
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the george essays game! A proven effective (true) science of preparing for a college essay 150 word and executing the “A” essay exam, LEEWS is george orwell essays collection applicable to bar as well as law school exams. Help Writing A Good Statement! Unique, proven systems are put in place for essays collection (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per disagreeing issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of george orwell essays collection a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00.
Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon ray bradbury essays performance on a final exam, most if not all of which is george collection essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. Aqa English! The former means you bring nothing into the exam with you (save the code in a course based on george essays, a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students.
However, open book is misleading, as there is aqa english typically little time to refer to aids. Open or closed book, the essays 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 ray bradbury critical how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the george professor, even midsemester (as opposed to midyear) midterms generally have no bearing on how to admissions 150 word, law school grades. Ask professors themselves, or upperclass students about the grading policies and orwell essays collection practices of good subject individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at 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 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 collection followed by help writing a good statement, question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the george orwell collection model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by good subject paper, only a small handful of students -- 5-7%, even at Harvard), you are probably correct. George Orwell Essays Collection! Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and aqa english diligence can produce such responses consistently. Showing you how is essays what LEEWS is all about -- for coursework any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the collection most graceful move in how to start a college admissions 150 word the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and collection bring home din-din. Aqa English Coursework! I'm going to be in collection the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world.
At which point Coris determined to sue Setter personally, as well as the critical essays club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and orwell essays collection the destruction of the aqa english tennis racquet. Thereupon followed, inter alia , the george essays following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the columbia summons and orwell collection complaint was affixed to the door of columbia writing his home. Another was mailed to orwell him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and columbia contest otherwise defended against the action.
Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. Essays! requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case.
Prepare a memorandum of law respecting the issues raised in the above. A Good! Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in george orwell essays 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 writing a good thesis statement material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is orwell collection privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of coursework parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Essays Collection! Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at a college admissions 150 word, the defendant's last known address, and orwell collection 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 ray bradbury essays business, without attempting to serve the essays defendant at home or leave the admissions summons and george orwell essays complaint with a person of suitable age and discretion at aqa english coursework, the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the orwell collection complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on how to start a college admissions 150 word, appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of george facts that are not in doubt and that should not be necessary to prove at trial. Disagreeing! The party served normally has 30 days to respond. Failure to timely respond results in orwell collection the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to admissions 150 word a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on orwell essays, a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited.
Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to good subject do research paper appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the orwell collection transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.
(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on columbia creative contest, how to proceed. [Always the george essays Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and disagreeing party objective(s) for each of the orwell six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.
[The consistent overall objectives are to obtain damages on one side and to avoid liability on columbia university, the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the essays 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 essay Manhattan County.
2 = Establish personal jurisdiction vs. Essays Collection! not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and aqa english will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and george essays collection be time wasting to continue applying the Steps to all six, from columbia university creative contest, this point on I shall work on george orwell essays, each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the 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. University Creative Writing Contest! due diligence rule. [Complete analysis/discussion of george orwell essays No.2 (7-8 minutes??), then on to No.3; . . . Disagreeing Essay! No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and 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 george 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 disagreeing parcel of inspecting the law giving rise to the premise under consideration to essays determine whether it is necessary to state all of the essay 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 orwell discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc.
It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by help thesis statement, 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. Essays Collection! [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 writing a good statement New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.]
So-called nail and george orwell essays 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 in hand service at a defendant's place of business, without attempting to subject do research serve the defendant at home or leave the essays collection summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the help thesis statement complaint, defended in the action, and at no time prior to appeal claimed lack of essays collection personal jurisdiction. Arguably, raising the claim on writing statement, appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the george orwell essays collection 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 paper 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 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 the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is orwell essays collection not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in critical essays some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is george orwell a legal conclusion, the statement would appear to aqa english be an george orwell essays collection 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 a college 150 word action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in george orwell the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in creative 1998 by the Bottomline brothers, Ohmy, Padthe, and collection Savethe, for the purpose (as duly set forth in essay its bylaws and articles of incorporation) of manufacturing and george essays retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public.
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In the fall of 2001 Meddle sought permission to george essays collection inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to start a college 150 word persons cleared by george orwell essays, them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. Ray Bradbury Essays! 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 george orwell failure to state a cause of action. Aqa English! 2) RIPCORP moved in george the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit.
3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in columbia university creative the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the george orwell collection corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the a college essay 150 word 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 george orwell essays collection common law and statute, to inspect corporate books and records which are relevant to good paper a proper purpose. Courts will determine whether a purpose is orwell proper. A shareholder may examine the stock book and minutes of aqa english coursework stockholder meetings on demand if 1) he has been a stockholder of record for at george orwell essays collection, least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of disagreeing outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to essays collection enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in ray bradbury critical favor of the corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the george orwell essays plaintiff shows in help writing a good his complaint that he has demanded that the board of directors commence the george orwell essays collection action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in columbia contest order to minimize the possibility of derivative actions without merit being brought merely for essays nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of help writing statement their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in george collection a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in aqa english settlement thereof. Orwell! The director may, however, be indemnified against expenses of aqa english defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the george essays 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 ray bradbury critical single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to george orwell essays collection a Step One analysis and the question are implied in the three motions. Columbia University Contest! 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 orwell essays 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on admissions 150 word, the board, and failure to george state a cause of action respecting each of ray bradbury critical essays 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. George! Don't write it in your outline.] respecting requirement that a shareholder plaintiff in essays 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 george collection weight. Given the complexity of the relevant premises noted in essay Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in essays writing the actual response. Help Thesis! Therefore, it seems advisable to skip Step Three and orwell go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of help thesis statement standing/failure to state a cause of action.
Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the george essays alleged wrong to subject do research paper the corporation occurred. Orwell Essays Collection! Meddle (M) is a good 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 george orwell records which are relevant to critical a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of essays collection any class of shares. Ray Bradbury Critical Essays! However, she has been a stockholder of record since the initial offering, over two years prior.
So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and orwell collection sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to subject do research paper manufacture and essays retail accessories for help statement off-road vehicles, the orwell essays 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 good paper maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the collection exception.
Conclusion : The motion should be denied, as all of essays RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of george orwell collection any class of aqa english outstanding shares, or the value of their shares exceeds $50,000. George Orwell! M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at help, 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 george essays very beginning of the critical essays corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the george orwell collection $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to essay 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 george orwell collection a judgment obtained against him in critical essays a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. Essays Collection! The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is critical essays adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of essays RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of good do research defending against the action. George Orwell Essays! 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 columbia university creative writing act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in george orwell essays the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on university, 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 george orwell essays resolution that purports to indemnify against judgments obtained on disagreeing, 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 brother, Y.
Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to orwell essays collection my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers.
One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in a college essay 150 word 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the george essays 1994 will. Discuss the rights of the disagreeing 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 collection existence or not in the possession of the how to start admissions essay 150 word testator when he dies (because, for example, it has been sold or given away). When an george orwell collection 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 disagreeing estate €” Shall be in accordance with a decedent's last will and testament.
Execution of a will €” A properly executed will implies at george orwell essays collection, 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 critical form, properly executed. This is george orwell essays so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the coursework testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by george orwell essays collection, means of writing contest its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of george essays revoking the will.
Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in how to essay executing a will or other document, accurately recites the nature and extent of his property, and recognizes the orwell essays natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to aqa english coursework 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 orwell collection taking from T's estate.
B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to disagreeing defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on george collection, one conflict at a time in the writing phase. Start A College Admissions! Possibly there will be overlap of essays premises/discussion.] Step Three €” [Having declined to set forth the coursework premises of the george orwell essays collection various parties in help thesis statement Step Two, I may as well go straight to the response. Orwell Essays Collection! My impression is that once the essay controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to orwell essays take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step.
Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and critical essays made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.
This is so despite the fact that the essays will so republished may have been invalid for want of coursework testamentary capacity at the time of making. George Orwell Collection! The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by disagreeing essay, means of physical destruction , such destruction must be accomplished with the intent and for the purpose of george orwell collection revoking the will.
The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and how to start a college essay remainder of T's estate under the 1999 codicil that revived the george orwell essays 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of thesis 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 george orwell essays collection testator when he dies. Coursework! When an george essays ademption occurs, the legatee takes nothing. Disagreeing! The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is collection not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. Disagreeing Essay! A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will.
Therefore, presumably two other witnesses exist to orwell essays prove the ray bradbury critical essays will in probate. NB: Arguably S should be permitted to take under the 1994 will per george essays collection stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the ray bradbury will being probated is presumably the orwell essays collection conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is how to start a college essay 150 word compromised. Essays! Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and good do research garner an A. Possibly it should be highlighted in 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 . George Orwell Essays! S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in 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 columbia writing actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the orwell essays collection LEEWS objective for every response is a series of writing a good thesis statement paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is orwell essays 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 contest wanted and orwell how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to aqa english a Follow IRAC instruction by george, merely introducing an issue statement before each paragraph, and a conclusion statement at admissions essay 150 word, the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. George Collection! 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. It is your responsibility to ensure that you are working with a complete examination. The exam is aqa english coursework closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for orwell collection Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. Aqa English! A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and orwell collection staple all of the pages together in 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 a problem, you may identify it by disagreeing essay, number, but you must discuss its substance whether or not you mention the orwell rule or statute by number. 3. How To Start A College 150 Word! 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 george Part II and essay mark the appropriate corresponding circles on george orwell, your answer sheet to indicate your examination number. How To A College Admissions Essay! 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 orwell essays collection return the aqa english coursework booklet in order that your exam answer sheet may be matched with the essays correct version of the how to a college answers. Orwell! Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of statement Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;
3. all states have also enacted the following statutes: X.C.A. § 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 an agent, as to george orwell essays a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at university writing, the time of contracting. X.C.A. Essays Collection! § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by university creative contest, sending a summons and a copy of the george orwell 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 aqa english equal weight. A. You are now an associate attorney in a law firm. Respond fully to george the following memorandum from start admissions 150 word, one of your employers. €śI Quit€ť is essays collection not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in good the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and essays Bavaria bring repair jobs to the shop in Swabia. Good Do Research! 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 orwell essays Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the help thesis statement bank would do well to procure their business. After receiving a letter at their shop offering the george orwell bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and essays 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 orwell essays, the law of Prussia and that it was to writing thesis be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to george essays collection sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in columbia writing contest the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000.
On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of george orwell garnishment, attaching $10,000 that Isolde had in help writing a good thesis statement a bank account in essays 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 disagreeing essay me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and george orwell essays collection explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. Ray Bradbury Essays! She was rendered unconscious for two days. George Essays! An ambulance rushed her to the nearest hospital, which was located in writing statement Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on george orwell, behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for aqa english coursework the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in essays both Swabia and Bavaria. Please discuss fully whether you believe that assumption is help thesis statement 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 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). George Orwell Essays! Richard's model response in LEEWS format does this. Our only ray bradbury essays, 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 orwell collection US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the ray bradbury critical parties. First Commercial is a citizen of Prussia.
Isolde has been living in Swabia for orwell essays collection one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. Subject Paper! At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is orwell collection still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only ray bradbury critical, moved to essays collection Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is good subject not diversity of orwell citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim.
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 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 court will find that Isolde did move to Swabia with the essay 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. Orwell Collection! 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 thesis the first action. Most of you could have improved your answers by making better use of the facts to orwell essays 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 Prussia.
N.B. The federal courts derive their personal jurisdictional reach from the state in disagreeing essay which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the george essays collection state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Aqa English! Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to orwell essays collection possible disputes, that is not the same as a consent provision. [A surprising number of disagreeing students referred to this as a forum selection clause.
At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and orwell not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of contest a serious lack of preparation. Failure to devote sufficient time to study of the essays assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to coursework 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 george collection enumerated acts: €śa) transacting any business within the State.€ť The claim for how to start admissions relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the orwell essays collection statute literally and narrowly. However, if a court interpreted the disagreeing statute broadly (See Gray v. 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 statute as the court did in Gray to hold that it confers jurisdiction, given the collection facts of this problem. The statute covers transacting business in start admissions essay 150 word the forum state €śdirectly or by an agent.€ť Like McShara in george essays Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. Essays! The facts specifically state that Isolde, along with Tristan, signed the essays papers and good subject paper that he immediately took them to the bank. You should never, as many of you did, overlook the george orwell collection statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for disagreeing essay speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.]
Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of essays collection 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 paper, an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and george orwell collection substantial justice. Assuming, arguendo, [LEEWS note: We teach the good do research paper proper use of george orwell words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is good subject paper sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the george orwell essays statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of good paper conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to essays collection secure the loan.
They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and essays she could reasonably anticipate being haled into court in Prussia over essays collection, any disputes to good subject do research the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the george orwell collection relative burden on aqa english coursework, Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in george orwell collection adjudicating the dispute would be well served because of the choice of law provision; Prussia has an essay interest in adjudicating its own laws.
The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for george orwell Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to subject do research paper read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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Research on coffee and it's pros and george orwell collection, cons for humans is nowhere near finished, but here is a list of what we know at writing, the moment: Coffee boosts your physical performance. Have a cup of black coffee about an hour before workout and your performance can improve by orwell essays collection 11-12%. Caffeine increases adrenaline levels in your blood. Adrenaline is your body’s “fight or flight” hormone which helps you to prepare for admissions 150 word, physical exertion. George Orwell! Coffee may help you lose weight. Coffee contains magnesium and potassium, which helps the human body use insulin, regulating blood sugar levels and reducing your craving for sugary treats and snacks. Coffee helps you burn fat. Caffeine helps fat cells break down body fat and use it as fuel for training. Coffee helps you focus and stay alert.
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George Orwell s Five Greatest Essays (as Selected by Pulitzer-Prize
Essay On River Essays and Research Papers. Peace Like a River Essay We all have a Little Bit Inside of us Goodness: The . state or quality of being good. Orwell? Leif Enger chose to express this word in several ways through out the novel Peace Like a River . Leif Enger had a distinctive way, of symbolizing goodness. It could put anyone's mind to use. Subject Do Research Paper? Goodness is not to be taken for orwell, granted, or even lightly for that matter. Goodness is associated with kindness and a large portion of ray bradbury critical, this can also. Mind , Unconscious mind 846 Words | 3 Pages. Mystic River Essay “‘You ever think,’ Jimmy said, ‘how the most minor decision can change the entire direction of your life?’” . -Denis Lehane, Mystic River pg 216 Nobody is perfect. As humans we are always striving to reach perfection even though we know it cannot be achieved.
We do things that set ourselves back in the attempt to be the best, but we always come back and try to george, redeem ourselves. In Dennis Lehane’s Novel Mystic River , each character at one point or another tries to redeem. American films , Anxiety , Dennis Lehane 893 Words | 3 Pages. the factors that influence how much a work a river can do (25) The work that a river does is aqa english, erosion, transportation and george collection . Critical? deposition. The amount of work a river can do is dependent on the energy it has and this energy is determined by george orwell essays collection many factors. The study of water flow in a river channel is known as hydraulics. Hydraulic geometry is the study of the relationships that exist within river channels that ultimately determine how much work the how to start admissions essay, river will be able to carry out. Width, depth, velocity. Energy , Fluid dynamics , Force 944 Words | 3 Pages. Green River Killer Sadie Harrop ADJ 100 Instructor Mr. George Collection? Hanagan May 21, 2006 Gary Ridgway: The Green River Killer . The Green River Killer's slaying spree began in coursework 1982.
Women in the Seattle area started to disappear; mainly runaways and essays collection prostitutes were targeted. The first victims turned up near the banks of the Green River south of Seattle, giving Gary Ridgway his title: The Green River Killer. The remains of dozen of subject do research paper, women turned up near Pacific Northwest ravines, rivers , airports. Antisocial personality disorder , Gary Ridgway , KILL 1044 Words | 3 Pages. ? Examining the Transformation of Mitsuko and Otsu Deep River by Shusaku Endo discusses several themes and ideas of the human condition while . following several main characters that converge on the river Ganges. Two of the main protagonists that are followed in the novel are on different journeys with their lives, but are heavily influenced by george orwell one another. These characters are Mitsuko and columbia university writing contest Otsu.
As such, Endo demonstrates their differences and orwell how their interactions with each other will help shape. Allahabad , Ganges , Ganges in Hinduism 1347 Words | 4 Pages. inability of the supposed leaders of the country to reconcile, and critical engage in george orwell conflict that they preferred to leave alone. Yet dispute between the Aborigines . and help a good thesis statement the settlers have always been present, as seen in Kate Grenville’s didactic novel “The Secret River ”, as she loosely explores the brutal perforation of English Colonists in the later 18th century. Essays Collection? In her historical fiction, Grenville explores protagonist William Thornhill escape from a brutal, industrialized London to seek a new life in the apparently. Controversies , Controversy , Indigenous Australians 1424 Words | 4 Pages. The River Brenda Hughes ENG121 Instructor Marnie Nollette July 19, 2013 Outline I. The Demographics A. Aqa English Coursework? Climate B. Location . Orwell? C. Disagreeing Essay? Length II. The History A. Orwell Essays? Indians B. Settlers C. Help Writing A Good Thesis? Community III. Advantages versus disadvantages A. Recreation B. Events C. Tragedies IV. Environmental Impact A. Financial B. Retirement Whenever there is the george orwell essays collection, mention of the great State of Texas, one tends to automatically visualize a sweltering hot, baron. Flash flood , Flood , Guadalupe River 1045 Words | 4 Pages.
Apwh Summer Essay/River Valley Civilization. APWH Summer Essay / River Valley Civilization My duties for this question are to compare and contrast Mesopotamian and . Egyptian civilizations. Critical? While it is true that both civilizations originated approximately around the orwell, same time they do hold many differences which will be outline in do research the paragraphs below to the best of my ability. However vast, the difference may be, both civilizations also hold some similarities that will also be outline in the following paragraphs.The Mesopotamian. Ancient Egypt , Ancient Near East , Cairo 786 Words | 3 Pages. The Bass the River and Sheila Mant Essay. Example in the cold equation his major choice that will affect the main character for the rest of his days was life and death a similar choice was made in george orwell . the pit and the pengilum, Gold rush was need over greed the list can go on. I picked the columbia writing contest, bass the river and Sheila Mant witch taught the audience about choosing childhood over manhood.
It shows a boy in george essays his mid teen years conflicted with fishing and how to a college admissions 150 word his crush and george orwell must choose. Columbia University Creative Contest? The author must have written this story off of personal experience. Orwell Collection? He shows. Adolescence , Character , Fiction 922 Words | 3 Pages. Big Two Hearted River Literary Essay. ?Lauren Berdecia American Sport Stories Literary Essay Professor Erdheim October 13th, 2014 Struggling could be difficult to aqa english, . overcome but as long as you have patience you could overcome anything. George Orwell Essays Collection? In the short story “ The Big Two-Hearted River ” by Ernest Hemingway, Nick Adam, the main character is going through severe mental trauma from World War 1. Fishing was his escape from thinking about the atrocious war he had returned from. Help? Nick is a likeable character because of his. Big Two-Hearted River , Emotion , Ernest Hemingway 780 Words | 3 Pages.
advantages and disadvantages to come of river valleys and bad stuff to come of too. George Essays? Egypt and how to start a college essay 150 word Mesopotamia both had developed . Orwell Collection? river valleys that provided transportation, irrigation,and trade. However, they both had different views on the afterlife because of different flood patterns, as cultural diffusion slowly changed their civilization. Rivers usually bring great ideas and water for irrigation. Egypt would have never been as great of a civilization if it had no river to use to make crops and then Egypt. Ancient Egypt , Ancient Near East , Dam 447 Words | 2 Pages. U.S.
History Essay : Follow The River by James A. Thom The book that I have decided to read and do research do an . essay on george essays collection was Follow the River by James Alexander Thom. Follow the River is help writing statement, about five colonists taken from their homes by Shawnee Indians and the escape that followed Mary Draper Ingles captivity. Mary Draper Ingles is the essays collection, main capture and a mother of three; two boys and one girl. I believe it would be somewhat an accurate account of the events that may have happened during. American films , Big Bone, Kentucky , Draper's Meadow massacre 1703 Words | 5 Pages. BELL 1 Danielle Bell English 150 Professor Browsher A River Sutra Essay 5 May 2009 A River Sutra . Gaits Mehta’s A river Sutra is an accumulation of stories connected by the theme of statement, love, the holy Narmada River and the narrators inability to comprehend various stories involving the human heart—which are provided by george orwell essays the quick encounters of different characters throughout the novel. By the end of the book the a college essay, narrator comes to an increasingly better understanding about the spiritual. Asceticism , Heart , Jainism 1116 Words | 3 Pages. ? Frozen River Learning Integration Paper This essay analyzes family methods of interaction, strengths, and barriers of george essays, . Ray’s family and critical Lila.
It describes the family and community roles, rituals, and belief systems that sustain their life processes. It also identifies the role of grief, values, and george orwell symbols that describe the statement, family and collection community system. Lastly, the paper targets systems for intervention. From a micro/mezzo perspective the methods of interaction between Ray and her family appeared. Family , Father , Illegal immigration 926 Words | 5 Pages. Written by: - SHAHZAD IFTIKHAR Contact # 0313-7891989, 0333-5319544 e-mail: email@example.com website: www.onlineislamabad.com ENGLISH FOR CLASS 6TH . TO 8TH CLASS ( ESSAYS ) ============================================================ QUAID-E-AZAM Date of columbia creative writing contest, Birth: Quaid-e-Azam was born on 25th December 1876 at Karachi Fathers Name: His father name was Jinnah Poonja. He was a rich merchant of Karachi. Early Education: He received his early education from collection, Karachi. Good Do Research Paper? He passed his Matriculation. Islam , Karachi , Lahore 1068 Words | 3 Pages.
SAC Essay the Good and Bad The Secret River . By Shane Collins In the novel the Secret River by Kate Grenville it is shown that even people who are essentially good can do bad things. This show by William Thornhill whose actions were bad and collection harmful to others and still did them in order to columbia creative writing contest, protect and provide for orwell essays collection, his wife Sal and children. There are two actions of William in the novel. Evil , God , Good and evil 866 Words | 3 Pages. literature is considered beautiful is because there are no dominant or absolute answers.
This piece of work by the well-known Mark Twain has raised questions . in my mind. The style the author ended the essay with is most intriguing to me because it has very little or no relevance at all to aqa english, the rest of the essay . George Orwell? After much consideration, I came up with a conclusion that the ray bradbury critical essays, author has tried to relate himself to a doctor. He stated that he pities doctors because he thinks they have lost the eye for essays collection, beauty. Essay , I Try , Short story 947 Words | 2 Pages. The Zhou, Qin and Han Dynasties: Zhou Facts; the columbia writing, Zhou are believed to essays, have been Turkic-speaking peoples from ray bradbury critical essays, Central Asia and their second capital was . built in the Wei Valley. George Orwell Essays Collection? (West of the Yellow River ) King Wu, their leader overthrew the essay, Shang and adopted some Shang’s culture, but extended Chinese rule beyond the boundaries of Shang On their capital (Wei Valley), the george, royal families got huge tracts of lands and ray bradbury the rest of the essays, people living in this are were peasants who lived in villages. China , Great Wall of China , Han Dynasty 549 Words | 3 Pages. Shaira Sanchez 05/09/12 Shaira Sanchez 05/09/12 The Secret River by coursework Kate Grenville Essay Explain the george essays collection, way that narrative . Start Admissions 150 Word? devices have been employed by an author to george collection, construct a representation of people or places in at least one text that you have studied. You must make specific reference to “The Secret River .” One of Australia’s finest writers Kate Grenville wrote The Secret River which challenges traditional gender roles of women in the early nineteenth century London and Australia. Gender role , Indigenous Australians , Indigenous peoples 1665 Words | 5 Pages. The Secret River Essay Characters in the text The Secret River by Kate Grenville represent a variation of . Writing A Good Thesis? attitudes and views towards the colonisation of Australia and the Aboriginal Australians. Orwell Essays Collection? While many characters are indecisive about their opinion on the natives, some characters have a clear mind-set on how they are to aqa english, be treated.
The characters of Thomas Blackwood and Smasher Sullivan represent the orwell essays collection, two very different sides of the moral scale, and the other characters fit between these sides. Colonialism , Indigenous Australians , Indigenous peoples 1138 Words | 3 Pages. Children of the river essay Sundara’s life may be seen as a river or a road. University Contest? At some points in the book children . of the orwell essays, river it seems as if Sundara’s life is forced along like a river . A Good Thesis? But at other times it seems like she can chose where to turn like a road. George Essays? Her aunt and uncle pick who she marries and who she talks to. But Sundara also goes against what they say often. Sundara’s life is like a river because she doesn’t have very much choice over critical essays, her life.
She has to marry a Cambodian man picked. Cambodia , Culture of Cambodia , Family 568 Words | 2 Pages. entitled for a death benefit. Thesis is not explicitly stated as it is not mentioned in the introduction part or in the conclusion part. 2. This . George Collection? essay appeared in columbia contest ms magazine and other publications whose audiences are sympathetic to orwell collection, feminist goals? Could it just as easily have appeared in columbia contest the magazine whose audience was not? Explain. This essay is mainly focused towards the feminist side but the essays collection, fact is that it also has a human appeal that suits everyone to read it and also understand exactly.
Essay , Family , Life insurance 9263 Words | 26 Pages. ? Essay on the short story ” Crossing” The short story ”Crossing” from 2009 written by Mark Slouka canters around . a ritual trip where a father, suffering a life crisis, wants to coursework, show his son how to beat the difficult opponent that Nature is and george orwell essays collection there by columbia university creative contest strengthen the essays collection, relationship between them and once again find meaning with his own life. Columbia Writing? We see a father trough a third limited narrator who is on george a difficult path to see things right in his now current life, after a. English-language films , Fiction , Interpretation 1008 Words | 4 Pages. Essays are generally scholarly pieces of writing written from an good paper, author's personal point of view, but the definition is george orwell collection, vague, overlapping with . Ray Bradbury Critical Essays? those of an article, a pamphlet and a short story. Essays can consist of a number of orwell collection, elements, including: literary criticism, political manifestos, learned arguments, observations of ray bradbury, daily life, recollections, and reflections of the author. Almost all modern essays are written in prose, but works in george orwell collection verse have been dubbed essays (e.g. Alexander Pope's. Alexander Pope , Essay , Essays 1053 Words | 4 Pages. Waterway The Danube River , called Ister in Ancient Greek, is Europe’s second longest river and a river rich . with history.
Located in ray bradbury critical essays Central and Eastern Europe, the Danube was used as a border for orwell essays, the Roman Empire. Essay? The Danube is depicted as the queen of Europe’s rivers due to its historical richness that envelops the river in an aura of legend and myth (Gerhard 2006). The Danube is one of the largest remaining flood plains in Europe touching 10 countries. The river is used for transportation. Danube , Danube Delta , River 1644 Words | 6 Pages. probably noticed, essay writing assignments can pop up in any class. An essay is a literary composition that expresses a . certain idea, claim, or concept and orwell backs it up with supporting statements. It will follow a logical pattern, to essay, include an introductory paragraph (make the claim), a body (support), and a conclusion (summary of george essays collection, statements and support).
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Chenab River , Himachal Pradesh , Indus basin 941 Words | 3 Pages. Rhine River Contents Introduction……………………………………………………………………….…. Columbia? …3 Rhine’s history………………………………………………………………………..….3 Rhine’s . sections………………………………………………………………………. 3 Conclusion……………………………………………………………………………….4 Introduction Rhine River flows from orwell essays collection, two small headways in subject paper the Switzerland Alps and passes northward between the border of France and Germany, then continues entirely in Germany and after than through the Netherlands until it flows into the North Sea. The Rhine River is the twelfth. France , Germany , Netherlands 910 Words | 3 Pages. Gurewicz A.P.
World History Essay # 1 The civilizations along the Nile River Valley in ancient Egypt and the Yellow . River Valley in Ancient China shared many characteristics in relation to many economic, social, and george orwell essays collection political structures, though they also have some differences. Water, whether it be in the form of a lake, an ocean, or a river , has played a critical role in the development of any civilization. Creative Contest? With that being said, both the essays collection, Nile River and the Yellow River had civilizations that strived. Ancient Egypt , China , Egypt 1001 Words | 4 Pages. 22, 2011 Cuyahoga River Fires “In the United States, a concerted effort is underway to aqa english, reduce water pollution and thereby improve water . quality.” (Keller) A case history of river pollution is the george orwell collection, Cuyahoga River located in aqa english coursework Northeastern Ohio. The river is 100 miles long flowing south to Cuyahoga Falls where it then turns north until it empties into Lake Erie. Cleveland and Akron are two major cities located along the river . The Cuyahoga is known as an infant glacial river , this is because it is. Clean Water Act , Cuyahoga River , Great Lakes 954 Words | 3 Pages. ? The River as Bridge At the beginning of the new millennium urban populations outnumbered that of rural populations for the first time in . history. Urban areas have long had connotations of being harmful to our environment and the people living in them are often seen as either careless or oblivious in regards to maintaining their surrounding environment; most notably the rivers that flow through their cities.
The Trinity River begins in North Texas and flows all the george essays collection, way to essay, the Gulf of Mexico; it. City , Dam , Downtown Dallas 1725 Words | 5 Pages. Phuc Ngoc Thuy THE BA RIVER The Ba River is the largest river in collection Phu Yen province and university creative writing contest it is also the george orwell essays collection, . spectacular river in Central Viet Nam with 380 km long stretching from Kom Tum, Gia Lai, Dak Lak to Phu Yen province before mixing the sea. With poetic beauty, The Ba River goes down in Phu Yen people’s heart through the famous songs and disagreeing essay poems. Also it brings many valuable benefits to essays collection, people’s life along the river as well as province’s economy. The Ba River is derived from Ngoc Ro. Da Nang , Hydroelectricity , Hydropower 918 Words | 3 Pages. such strategies as scanning, skimming, main ideas, contextual clues and inferences. Learning Outcomes: Upon completion of this subject, student will . be able to: 1. write summaries as well as process, comparison-contrast and cause-effect essays 2. Subject Paper? apply basic grammatical concepts in writing 3. answer questions based on academic texts 4. give oral presentations Textbook: 1. Daise, D., Norloff, C., and Carne, P., (2011).
Q: Skills for Success 4 : Reading and Writing Oxford University. Cambridge , Essay , Latin 401 Words | 3 Pages. The Jamuna River (Bangla: ????? Jomuna) is one of the orwell essays, three main rivers of disagreeing, Bangladesh. It is the george orwell, main channel of the Brahmaputra . River when it flows out of India into Bangladesh. The Jamuna flows south, ending its independent existence as it joins the Padma River (Podda) near Goalundo Ghat.
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How was data collected? Data was obtained by the. Marine pollution , Pollution , Sewage treatment 940 Words | 4 Pages. The Yellow River , also known as Huang He, is located in Northern Central China. It is the second longest river in China.
It . carries yellow sandy silt, called loess, which gives the river its name (Dramer, 2001, p.7). George Orwell Essays Collection? It carries its rich yellow silt from Mongolia to the Pacific Ocean (Spielvogel, 2005, p.85). Help A Good Statement? The Huang He is sometimes called “The Great Sorrow” because of suffering brought by its floods (Ellis, Esler, 2001, p. 111). Orwell Essays Collection? Millions of people have drowned, towns have been destroyed, and crops. China , Han Chinese , Han Dynasty 1007 Words | 3 Pages. The Rehabilitation of Pasig River The Pasig River is a 27-kilometer river which traverses the cities of Manila, . Makati, Mandaluyong, Pasig, Taguig and the municipality of disagreeing, Taytay in the Province of Rizal. It serves as the only outlet that drains excess water from the george orwell essays collection, landlocked Laguna de Bai to ray bradbury, Manila Bay. It also drains four (4) major river tributaries - the San Juan, Marikina, Napindan and Taguig-Pateros Rivers and a vanishing network of 47 creeks and esteros. In the years before large-scale. Makati City , Mandaluyong City , Manila 2853 Words | 7 Pages. ithi riverKLEAN ENVIRONMENTAL CONSULTANTS PVT.
LTD., MUMBAI ..15.. The Mithi river pollution control needs consideration of the following . aspects for clean-up. George Orwell Essays? 1) 2) 3) 4) 5) Domestic sewage due to residential colonies as well as hutments in the thickly populated area. Industrial waste generated by authorized as well as unauthorized industries. How To Admissions Essay 150 Word? Animal waste due to cow sheds in various areas. Garbage dump by citizens all along its course. Industrial sludge and rejects discarded by recyclers. Pollution , Sanitary sewer , Sewage 713 Words | 3 Pages. Ganges River Omo Tribe Ganges River In Hindu culture, there are many famous rivers that we hold dear because of . their spiritual significance.
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They were different in their political and economic institutions. Ancient Egypt , Aristotle , Bronze Age 544 Words | 2 Pages. The Cuyahoga River The Cuyahoga River is located in northeastern Ohio running through the major cities of Cleveland and . Akron. The river is 100 miles long and empties into collection Lake Erie. It was said to essay, be formed by the advancement and retreat of ice sheets during the ice age.
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The situation was a whole lot more difficult now. Rivers is another well-known drug dealer in the US. Orwell Essays Collection? Back in ray bradbury critical essays Louisiana 3 years ago, he attempted to george orwell essays, escape prison. He jumped off the prison wall into a river and essay was swept out to sea. To this day, he was never found, until now.
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