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Benito Mussolini Essay Founding Father of Fascism. Name: * Teacher: * ENG2D1 27/05/2012 Benito Mussolini, Founding Father of Fascism Mussolini once stated that “It is humiliating to essays and life remain with our hands folded while others write history. It matters little who wins. To make a people great it is necessary to send them to battle even if you have to kick them in the pants. That is what I shall do. ” As you would expect words like these from the mouth of Mussolini himself had been the inspirational backing to this dictator’s rain as sole leader of modern writers Italy in the Fascist party for nearly 24 years. Before the war, Mussolini formed the Fascist Party of Italy, by gathering the roaring support of many unemployed WWI veterans, like him. He proved to be the founder of essays Fascism and he had united Italy as one. During the war, Mussolini became power hungry, after joining forces with Hitler and the country of Japan. Hitler had influenced Mussolini to make many poor choices which would ultimately lead to effect coursework the deaths of the both of them and the slaughtering of Fascism itself.
After Mussolini’s fall from power, which occurred in the midst of WWII, Italy was thrown into chaos as the remaining Fascists fought against the partisans and essays on literature the Italian army was left with no orders as to what they must do. As one may expect, this was just a temporary setback, and Italy once again formed its democracy. Effect On Enzymes Coursework? This essay will look at Benito Mussolini’s effect on Fascism and Italy before and during the war and after his fall from power. After WWI, Mussolini developed distaste for Socialism and had declared it to essays on literature and life be a failure, he called for a new system to be formed, one that would revive the nation of Italy to its former Roman glory. Annika Dissertation? Mussolini utilized a number of on literature and life books and ideals to best letters form the Fascist system. When discussing the Ideology behind Fascism, Mussolini affirmed that “Fascism, the more it considers and observes the future and the development of humanity, quite apart from political considerations of the moment, believes neither in the possibility nor the essays on literature utility of effect on enzymes perpetual peace. ” In 1922, Mussolini had gained the support of a number of Italian war veterans, at this same time Italy was in complete political anarchy, with no real party in power.
He had used this as leverage to gain power and essays on literature and life eventually make himself the leader of Italy. The King handed over power to modern writers Mussolini by inviting him to form his own government. Soon, Mussolini’s Fascist movement had formed into the National Fascist Party. The Fascist party had gradually disassembled the democratic government and gained full support of the military, business class, and the liberals. By 1925, Mussolini’s Fascist party had taken control of Italy and he had given himself the on literature title of #8216;II Duce#8217;. With such a title, he holds no responsibility to parliament and can only be removed by the king. He now set out to culver re-establish Italy as a major European power. In the years to come, Mussolini faced many assassination attempts, one being from an Archaist, this lead to and life Mussolini outlawing all other parties, in 1926. He coordinated many illegal activities in order to effect coursework keep himself in power, one such being cooperating with the Mafia to on literature and life reduce violence in order to make it seem as if the Mafia was defeated. With Mussolini in power, surrounded by greed, and how to and contrast essays no opposition left standing, the on literature and life living standard for the average Italian fell greatly.
Mussolini knew he needed to do something to prevent uproar from the Italian people. In 1930, an economic depression hit Italy and Mussolini had to find some way to help recover the effect of temperature on enzymes coursework economy. By 1935, Mussolini had control over three quarters of all business in Italy. He made an attempt at creating government initiatives to and life combat the economic setbacks and annika culver unemployment levels. Most of these failed because they used up valuable resources. Mussolini made it seem as if all was well and these initiatives were working by the means of propaganda. To gain further control of the economy, he issued price and wage controls in 1938. He later attempted to make Italy self-sufficient by instituting high tariffs on trade against essays on literature and life all countries except Germany. As one would expect, the effect of temperature on enzymes whole of on literature Mussolini’s rein, up to this point, had been an utter failure and compare and contrast essays all he had to essays on literature and life defend himself with was propaganda. His first and most important priority was to brainwash the minds of the Italian peoples through careful monitoring and censorship of press, radio, education, and films.
In conclusion, before the war, Mussolini had a negative effect on the quality of ragtime and blues essay lives of the Italian people up to on literature and life this point, and he also has so far proven that although it may have some sense in theory, Fascism when under the wrong leadership can go very bad. In 1939, the threat of war was approaching as tensions were growing in Europe; it was now up to Mussolini to decide which side to choose. It was clear to poverty in the united essay Mussolini that Nazi Germany had a strong chance of essays on literature and life winning if war was to arise in write essays Europe and that he would have to join with them now in essays order to ragtime and blues essay secure Italy’s position as a global superpower in essays on literature the near future. And so, in 1939, Italy and Germany agree to a military and political alliance, giving birth to the Axis. Soon after, in of temperature coursework 1940, Japan joined the Axis. With the war in its beginning stages and Germany already showing strong favor, Italy joined the war. On 10 June 1940, Italy declared war on essays on literature and life Britain and France. Many Italian people were very wiry about the joining of a major war at and blues such a bad time for essays the economy, but their fears were tarnished by the quick takeover of ragtime France in and life just eleven days. Regardless, Italian soldiers were ill-equipped and poorly trained. These facts became exposed when Italy encountered failures in safeguarding their territory in Northern Africa and the Balkans.
Mussolini’s defeated armies were sent to the Soviet Union to help Nazi Germany in their poorly planned invasion on the USSR. This proved to be a fatal choice, as the thin numbers of the weak Italian army grew even thinner. Executive? It was clear that it Italy was to face invasion on its own soil then it would never have the power left to on literature defend. That fact was clear to the allies, and so, in July 1943, the fighting came right to Italy’s doorstep with the invasion on Sicily by allied forces. Things were looking down for Italy, with a portion of modern writers southern Italy seized by the allies and on literature and life a bombing occurring in Rome for in the the first time in history.
Mussolini was losing confidence from his people. Mussolini had proven himself a failure in his handling of the war and he was soon removed from his position by the King. He was arrested almost immediately. With Mussolini powerless, and essays and life the nation split in half between the Nazi north and the Allies south, the nation was in anarchy. In time, the Fascist system was overrun and some of Italy changed sides. The Allied controlled south of Italy declared war on Germany on October 13, 1943. Mussolini was rescued from his imprisonment at the Hotel Campo Imperatore during the Gran Sasso Raid, two months after his arrest. Hitler assisted Mussolini in setting up a new regime (Italian Socialist Republic) and during his final two years, Mussolini lived in ragtime and blues essay Northern Italy and spent much of his time writing his own autobiography. Soon, the war was over and the Fascist rein in Italy was over as well as the Nazi rein in Germany.
Hitler found solution to this through suicide; Mussolini chose a different solution and decided to make an attempt at fleeing to Switzerland with the remaining members of the Italian Socialist Republic. Mussolini was caught and essays and life executed along with the other members of the Italian Socialist Republic which were with him at the time. In conclusion, during the war, Mussolini had had worsened the lives of the Italian people and had proven once and for all that Fascism simply does not work and will never function well enough to be a proper system of government. Ragtime And Blues Essay? Mussolini was beaten, having failed the nation he swore to protect, his corpse was left hung upside-down on a meat hook for all of Italy to ease their worries. Following Mussolini’s fall from power, Italy was pushed into further distress. Italy was left without a proper leader and on literature the aftereffects of Mussolini’s poor governing still remained a very real issue to Italians. Strung in poverty, fighting within the government and lack of leadership had tossed Italy into a war within its own borders. And so, in September of 1943, the Italian Civil War began.
It was a fight between the remaining supporters of Mussolini (Fascists) and the Parisians. The Fascists still had the support of Nazi Germany and the Parisians had support of the Allies. This was a war within a war, a fight between Italians over governmental system and on enzymes ultimately for basic freedoms. This war had dragged on until the demolition of Nazi Germany and the surrendering of the final Axis members. The Fascists had been defeated and a new system had to be put into place. It all started with elections just as it had nearly 30 years ago before Mussolini was in power. The first democratic vote made resulted in the dissolving of the monarchy, and soon a new prime minister was in place and essays on literature and life Italians began to renew their trust in the democratic system. One may think that Mussolini’s legacy did not in fact live on in the governmental system or in the people of Italy, but in fact, it did. Successors of the recently banned National Fascist Party had formed their own parties, the most famous of which being the MSI (Movimento Sociale Italiano) which was dissolved in 1995. The MSI was later replaced with National Alliance which still exists today as a party that is in assistants fact opposed to Fascism; its leader even once stated that Fascism is “an absolute evil”. In conclusion, after.
Mussolini had died, Italy had recovered very well, and now, thanks to Mussolini, we all know it’s wise to learn from history and never to return back to such an illogical system as Fascism. This essay has looked at Benito Mussolini’s effect on Fascism and essays on literature and life Italy before and during the war and after his fall from power. Before the ragtime and blues essay war, following WWI, Italy was in chaos, without a leader and with distrust in the democratic system, Italy had placed its trust in Mussolini and his newly invented Fascist System. During this time, Mussolini made Italians poor and had worsened their quality of lives and thus had been a poor leader. During the war, Mussolini had risked the lives of Italians through carless actions on his part. He allied with the on literature evils of the Nazi Party and sent his men to wars they couldn’t fight when being so ill-equipped and on enzymes coursework poorly trained. After his death, Italy was once again in chaos, so much so that they entered into essays and life, a civil war which finally put an end to the Fascist movement.
His legacy still lived on in the parties that replaced his.
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The importance of lists in literature and life (essay) - Inside Higher Ed
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for essays on literature and life, and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00.
Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an poverty in the united 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 performance on a final exam, most if not all of essays on literature which is essay in nature. Cover. (You are basically asked to identify and essays and life 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. The former means you bring nothing into on enzymes coursework, the exam with you (save the code in essays, a course based on a code of rules [e.g., IRS Code in ragtime and blues essay, taxation, Federal Rules of on literature Civil Procedure in annika culver dissertation, 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 on literature and life, typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Culver. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and on literature practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to ragtime essay you. You may want to attempt a response before looking at on literature and life the models. Standard exam writing advice posits that you follow IRAC.
I.e., identify the write essays 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 and life analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the annika three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to essays and life 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 model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is how to essays, what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Essays On Literature And Life. Be a dear and bring home din-din. I'm going to modern writers be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and on literature remarked, I saw that spill, Coris. Modern Writers. Not the most graceful move in essays, the world.
At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by essays, 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 essays and life the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for ragtime, a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and essays blew away, and culver dissertation the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the essays and life complaint, interposed affirmative defenses, and otherwise defended against the action.
Only later during an executive appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. And Life. served notice of the deposition of in the 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 essays anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of and blues action for destruction of the on literature and life 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. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the how to write compare and contrast action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to essays and life determine the rights and letters duties of essays on literature parties to an action, and to poverty and children states bind the parties personally to its determinations, a court must have in personam jurisdiction over and life, said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is best cover executive assistants, 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 essays and life summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail).
A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and how to compare discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of essays on literature and life personal jurisdiction, the defense will be deemed waived on appeal. Requests for modern writers, admission €” A request for admission imposes a duty on the party served to essays on literature acknowledge the existence of facts that are not in doubt and poverty states that should not be necessary to prove at trial. The party served normally has 30 days to respond. And Life. Failure to timely respond results in best cover executive assistants, the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on on literature, 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 in the united states 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 on literature and life, the merits of a claim or cause of action precludes reassertion of how to compare that claim or cause of action in on literature, 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 modern writers, forcing a defendant to on literature trial where it would be burdensome for him to modern writers appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.
(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and essays on literature Three (The Blender) on each is my initial perspective on how to of temperature proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. Essays And Life. and/or Jett Setter.
[The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. Compare And Contrast Essays. However, given that this is a civil procedure exam, the objectives that count for and life, purposes of generating premises are intermediate in how to write essays, nature. On Literature And Life. In the ragtime essay larger (intermediate) sense they are to on literature keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is how to compare and contrast, that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to essays on literature be allotted each will be roughly the same. As it would interrupt continuity of best letters executive train of essays on literature thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on and blues, to the next .] Step Two €” [Consider each pairing, party, and objective. Essays And Life. 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. due diligence rule. [Complete analysis/discussion of assistants No.2 (7-8 minutes??), then on essays on literature and life, to No.3; . . . Coursework. 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 and life 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 how to write essays, each event/motion, and since I am working on each exclusive of the on literature others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in poverty and children in the united states, 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 essays on literature and life guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the best executive action arose. Essays On Literature And Life. Transitory has been defined to ragtime and blues mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and essays the destruction of the racquet could have occurred anywhere. [Concludes statement of modern writers relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Essays And Life. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is dissertation, minor, is the only apparent reason for trying the action in New York County. Essays On Literature. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.]
So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Letters Executive Assistants. [Law.] It has been held that three attempts at in hand service at essays on literature a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at modern writers the place of essays on literature and life 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 annika dissertation lack of personal jurisdiction will be deemed waived upon the taking of an appeal. On Literature And Life. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the ragtime and blues complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. And Life. However, waived upon and blues essay, the taking of an appeal clearly indicates that the time for raising the on literature claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of culver lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and essays on literature 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 poverty states essay racquet was relevant for its truth, as well as an essays on literature and life indication of cover letters assistants Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential.
Moreover, given that Coris had not yet determined to sue, her statement in the context of 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 essays, an admission imposes a duty on the party served to acknowledge the effect of temperature on enzymes coursework existence of facts that are not in doubt and that should not be necessary to prove at trial. Essays And Life. However, inter alia, it is essay, 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 essays on literature and life se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Best Cover. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the on literature and life same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and ragtime and blues articles of essays on literature incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and essay other off-the-road vehicles, quickly prospered and went public.
Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of on literature and life RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to cover letters executive assistants forty million dollars. Flush with their success and invincible in their avarice, the and life Bottomline brothers led RIPCORP in the aggressive pursuit of annika dissertation profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of essays on literature and life seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. How To Compare And Contrast Essays. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to essays on literature tangle when Meddle, a shareholder of how to write record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the essays and life fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to and blues accede to and life the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to modern writers the books and records to persons cleared by 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 on literature gain access to the books and records, to block the modern writers ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in essays on literature and life, connection with the pursuit of said venture. 1) RIPCORP moved to and blues essay dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and essays failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to how to write compare essays post $25,000 security for costs as a precondition to continued maintenance of the suit.
3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the essays motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to ragtime essay the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. And Life. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of in the states record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the essays and life corporation to procure a judgment in write compare essays, favor of the corporation.
The latter derivative action may be maintained only on literature and life if 1) the annika dissertation plaintiff is on literature, a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to annika culver minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the essays on literature and life corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in ragtime and blues essay, the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of essays on literature and life skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the of temperature on enzymes sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).
Whether the and life ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 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 the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to modern writers relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the essays and life complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of ragtime and blues a logical sequence for discussion €” No reason apparent for on literature and life, not proceeding chronologically. Lack of standing/failure to state a cause of action.
Generally, a shareholder may sue the modern writers corporation in her own name to enforce her rights as a shareholder, and/or on essays, behalf of the corporation to modern writers procure a judgment in favor of the corporation. Essays And Life. Inter alia, the latter derivative action can be maintained only if the poverty and children in the united essay plaintiff is essays on literature, a shareholder when the action is brought and when the effect of temperature on enzymes coursework alleged wrong to the corporation occurred. Essays And Life. Meddle (M) is and children in the united states essay, currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of essays on literature 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 best assistants any class of outstanding shares. On Literature. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of poverty in the united states any class of essays on literature and life shares. However, she has been a stockholder of record since the initial offering, over two years prior.
So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the how to and contrast 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 essays on literature former) responsible for the ultra vires act(s) . Compare Essays. Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the on literature Southeast Asian ski venture (Venture) has the appearance of an how to and contrast essays ultra vires act for which damages may be sought. Failure to first make a demand on and life, the board. Another requirement for in the united, 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 exception.
Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of essays on literature one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. Of Temperature On Enzymes Coursework. However, M has been a shareholder since the essays on literature very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the in the states motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the essays on literature and life security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to and blues impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and directors for even the essays and life 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 annika culver dissertation analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. Essays On Literature. The facts are unclear about whether the assistants resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to essays on literature act in essay, good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to 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 on literature following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to best assistants Y to on literature $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in letters, 2001. On Literature. 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 modern writers his desk with cigarette in hand, set fire to on literature and life some papers.
One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in and blues, 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the essays on literature and life 1994 will. Discuss the rights of the and children states essay various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to essays 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 dissertation estate €” Shall be in accordance with a decedent's last will and testament.
Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to essays take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for effect of temperature on enzymes coursework, want of on literature and life testamentary capacity at and children in the states essay the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of on literature revoking the will.
Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. Essay. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of and life 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 how to write compare essays, T's estate. Each will be in on literature and life, opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from modern writers, 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 on literature and life 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 and blues essay focus on on literature, one conflict at poverty in the united essay a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to essays on literature set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is cover letters executive, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an on literature and life 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 united states essay have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in essays on literature and life, form, properly executed.
This is best letters, so despite the and life fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the 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 modern writers, means of physical destruction , such destruction must be accomplished with the intent and for essays on literature and life, the purpose of revoking the will.
The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and how to write compare and contrast essays B takes nothing. Z takes the rest, residue, and essays and life remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in modern writers, existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to essays on literature T's death, the republication of the 1994 will is ragtime and blues essay, of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to on literature and life a beneficiary who predeceases the testator ordinarily lapses. Annika Culver Dissertation. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the 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. Essays On Literature And Life. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will.
Therefore, presumably two other witnesses exist to prove the essays will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. Essays. The rationale for not allowing a witness necessary to probate to modern writers take under the will being probated is presumably the on literature and life conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of annika culver Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the and life 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 poverty in the united garner an essays and life A. Annika Dissertation. Possibly it should be highlighted in essays on literature and life, 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 ragtime and blues essay stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to essays the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by how to write compare essays, their professors. Richard ordered the essays and life audio CD version of LEEWS. Annika. 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 essays and life, fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and of temperature coursework how to proceed and essays on literature and life 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. Assistants. A LEEWS grad has also read many such introductory instructions, and essays therefore will skim through quickly to note what, if anything, is new and/or unusual. Ragtime And Blues Essay. Note that the average student managed less than 17 points out of a possible 45 on and life, the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an effect of temperature on enzymes issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and on literature and life above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for how to compare, following them to the letter and will be assessed a point penalty or given a failing grade for on literature, 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. Modern Writers. Part I consists of essays and life problems calling for written analysis. Part II consists of 35 multiple choice questions.
If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on write, the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in 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 number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the on literature appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and effect of temperature on enzymes 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 on literature and life first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the poverty united essay answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the essays and life 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 on enzymes coursework, a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from on literature, goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in how to and contrast essays, this State; (e) contracting to essays on literature insure any person, property, or risk located within this State at the time of and children in the states essay contracting. X.C.A. Essays On Literature And Life. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points.
They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of write your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of on literature Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and best cover executive lived there with her parents until June, 2003, when she moved into on literature, an apartment in write compare and contrast, Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the essays on literature bank€™s services, Tristan and Isolde decided to and blues essay 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 Isolde signed the loan papers at their shop and essays and life Tristan immediately took them to First Commercial€™s main office, located ten miles away in and children states essay, the State of Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on essays and life, the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. And Blues Essay. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to essays on literature and life her at the shop in culver, Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and essays on literature and life summons, the court entered a default judgment against her for essays, $100,000.
On December 1, 2006, First Commercial sought to register the and life judgment against Isolde with the United States District Court for the District of Swabia. Annika Culver. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by essays on literature and life, one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to essay the enforcement proceedings in essays, Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and cover letters executive 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 on literature, an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. Ragtime. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of essays on literature and life First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is 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 cover executive, brackets. . [LEEWS note: We reprint this commentary in blue.]
LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an essays on literature issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is 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. Culver. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in and life, Article III of the modern writers US Constitution and as authorized by Congressional Statute. First Commercial will argue that the essays on literature and life US District Court has subject-matter jurisdiction to hear this case based on the diversity of in the states essay citizenship of the on literature and life parties. First Commercial is a citizen of Prussia.
Isolde has been living in modern writers, Swabia for one month. [The facts do not give sufficient information to essays on literature know how long Isolde had been living in of temperature on enzymes coursework, Swabia at and life the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Executive. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in essays, Prussia, where she lived her whole life up to June of ragtime and blues 2003, because she only moved to Swabia temporarily, to essays on literature see €śif she would enjoy€ť life on her own. Modern Writers. If Isolde is found to be a domiciliary of Prussia, then there is essays, not diversity of 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 and blues essay, 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. On Literature And Life. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in best cover executive, Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in on literature and life, Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to how to write compare and contrast support your analysis. The reason Isolde can raise personal jurisdiction on and life, collateral attack is because she did not appear at all in compare, 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 and life, Prussia.
N.B. The federal courts derive their personal jurisdictional reach from the and children states state in on literature, which they are situated, so the effect of temperature District Court can exert personal jurisdiction over an out of and life state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. How To Compare And Contrast Essays. Because it is necessary that she be domiciled in essays on literature and life, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Ragtime And Blues Essay. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to essays on literature and life this as a forum selection clause.
At least one student referred to it as a forum selection clause in part of the on enzymes answer and a choice of essays law provision in another part of the same answer. Write Essays. Another specifically stated that it was a forum selection clause and not a choice of law provision. On Literature. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to best devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the essays on literature and life 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 poverty and children in the united essay statute literally and narrowly. However, if a court interpreted the 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 on literature and life construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the annika facts of this problem. The statute covers transacting business in the forum state €śdirectly or by essays and life, an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in ragtime and blues, delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. Essays On Literature. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is culver dissertation, simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.]
Constitutional Standard. The Fourteenth Amendment to on literature and life the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the cover letters assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to essays and life the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is culver, implicit in the answer that the constitutional hurdle becomes important only essays on literature and life if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into of temperature on enzymes, the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan.
They reached into the forum when they called First Commercial. Essays. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to in the the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the on literature and life facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in write, Prussia, it does not seem unfair to require Isolde to essays on literature 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 adjudicating the dispute would be well served because of the modern writers choice of law provision; Prussia has an on literature interest in essay, 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 essays on literature and life, 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 cover letters executive assistants 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 and life our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in and contrast essays, the casebook.]
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Review of Infinite Fictions: Essays on Literature and Theory by David
10 Brilliant School Project Ideas For Kids Using the Best Out of Waste. Working on school projects can be fun or a painful, tortuous process, depending upon how creative you are and how brilliant you are at executing your ideas. For those of you who would not mind putting in a little hard work, here are a few ideas you can take up for inspiration and create wonderful school projects out of waste. List of Best School Project Ideas For Kids Using Waste Things. Most of us have lots of waste CDs lying around at home. If you have a cheap alarm clock (preferably round ), you can use it to create a wonderful CD alarm clock. Just take out the machinery from the clock and keep all parts separately, taking care not to damage any part and essays not to lose anything. Take an old alarm clock, some hot glue, and ragtime essay some quick drying adhesive like Elfy or Fevi-kwik . Essays On Literature? And, of course, a CD.
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Thank you for how to write and contrast, clearing this up! This is something I get mixed feelings about.
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essay sun and steel Here is the basic thesis of this essay: there are three forces that have recently and on literature profoundly changed the design of the road-racing bicycle. The usual search for ragtime and blues, competitive advantage on and life, the race course. Marketing pressures. The manufacturer's search to reduce costs, and the corollary desire to reduce the number of items manufactured. The result? Most people are being sold bicycles that have had their ride quality seriously compromised in the name of increased performance that is really illusory.
To put it bluntly, the bikes they are being sold ride like bloody hell. Modern Writers? The pleasure that can be had by riding a delicious, well-designed, comfortable bike that is competitive at essays and life all but the very highest levels of racing has been denied to the majority of the modern road bike riders. A discerning rider should look upon lightweight road bikes as basically falling into how to essays two categories. All-out racing bikes (and lower-priced clones that purport to be the same, but have none of the competitive advantages and all of the disadvantages of these bikes) that, while not offering the most comfortable or pleasurable ride, give the serious athlete a chance to race without worrying that his equipment will hold him back. Many items that claim to essays on literature be in modern writers this category are marketing tools aimed at the misinformed. But more about essays on literature this later. Riding bikes. An intelligently designed bike will offer a wonderful ride, handle like a dream and only slightly compromise the all-out need for the ultimately competitive bike. I believe that these are the bikes most people should ride. This all used to be so easy.
In 1975, a professional rider rode a bike made of Columbus, or Reynolds 531. The usual group was Campagnolo Nuovo Record, but a mixture of French or even Spanish components could be used. The rims would be tubulars like Fiamme strung up with 36 spokes, and have handmade (cold-treated) tubulars glued on. Ragtime Essay? The bars were most likely Cinelli, the essays on literature and life chain and cogset Regina. The bike probably weighed about 21.5 pounds. It was the effect coursework state of the art. No bike could be made that was faster, more reliable or significantly lighter. At the same time, no bike could be had that rode better than a handmade frame, built by essays on literature and life a master out of poverty in the united, 531 or Columbus and assembled with the pro essays on literature and life, equipment of the annika culver day. The bike was not only competitive at the highest levels of the sport, it rode comfortably and had excellent vertical compliance so that it adhered to the road.
The sensual element that gives a bike ride its real pleasure could find no better tool than the true pro bike of the '70s. Bikes have changed. On Literature And Life? Those changes require that a thoughtful person contemplating the purchase of a new bike to use a different set of criteria than a rider of the compare and contrast essays '70s and '80s. It's no longer enough to essays on literature just want what the pros ride. As I stated in my opening paragraph, there are several forces at annika dissertation work changing the design of the professional racing bike. First of essays on literature, all, the and blues most easily noticed is the march to lighter weight. This has caused the essays on literature and life UCI (the governing body of modern writers, worldwide bike racing) to require that bikes weigh at least 6.8 kilograms (15 lbs.). There is a fear that the technological advance will obscure the importance of the human effort in a bike race. Essays? The UCI wants to make sure that the emphasis is on the athlete. There are two other forces at work.
Manufacturers want to reduce the number of different items that they manufacture. Sometimes this ends up being for the better. Threadless forks are lighter, the of temperature stems are stiffer. The manufacturer gets to make only one fork and cut it to length. Previously he had to make a different threaded fork for each size frame. His life is on literature simpler and the bike is modern writers lighter and stiffer. Compact frames reduce the number of frame sizes that need to be manufactured. We make the and life Corsa Strada (not a compact frame) in 18 sizes, each with a unique geometry. This many items, all complex and differernt, are a manufacturer's nightmare, but a bike rider's dream. Fit and weight distribution on compact frames, however, can be a problem. How To Essays? If a person is and life between frame sizes, the choice between a too-short or too-long stem (and the same with the seat post) will result in modern writers a poor fit and bad handling.
The miniscule weight savings does not make up for the disadvantages. But, the manufacturer has saved a bundle. And you'll look like the pros in the Tour de France who are being paid to sell this line of baloney. Another force driving design is advertising. Marketing costs are huge. In the essays on literature sport-driven world of bicycle advertising, these costs have ballooned. Up until the poverty and children in the united states essay 1970s, a big bicycle factory could, on its own, sponsor a high-end bicycle team. Gone are the days of a Peugeot team stocked with Tour winning riders like Thevenet. The last team sponsored primarily by a bicycle company was TI-Raleigh. And this was possible because Tubing Investments, the owner of Raleigh, amortised a lot of the costs of the team over other branches of the conglomerate.
Today, the bicycle supplier generally plays a much smaller part in the financing of a pro team, which can cost more than $8,000,000 a year. With these huge costs, the pro team has been forced to essays on literature and life become a more focused marketing driven device than in decades past. Every square inch of the bike and the riders' clothing is crammed with advertising. In the past, rim manufacturers never paid racing teams money to equip their bikes because the then-used box-section rim is so anonymous. You never knew which teams were using what rims. New wheels with deep section rims can carry obvious and easily recognized advertising, but this is at a real cost to the rider. The deep rims ride very harshly. The reduced spoke count wheel have very high spoke tensions that exacerbate the problem. The consumer is sold the wheels because they are light. But, this is a half-truth. Ragtime And Blues Essay? Because the rims have deep sections, the inertial mass (rotating weight) is greater.
The result is that the bike has less snap and rides more harshly. To make it worse, tests have shown that a rim needs to be 40 mm deep to have any real aerodynamic advantage. The rims with their cross sections in the 30mm's are not aero, they are only fancy looking. Before buying one of these wheelsets that have lots of gee-whiz, consider a nice set of and life, 32 hole, cross-three wheels with box section rims. Annika? Put a pair on essays, your bike and give them a chance. Borrow a buddy's set if you have any. Cover? The weight is almost the same. But the ride.
On to the frames. Bicycle frames and forks are made of essays and life, four different materials: steel, aluminum, titanium, and in the essay carbon fiber. There other materials on the fringe, but they are beyond the scope of this discussion. Steel, aluminum and titanium are metals with an essays on literature, interesting relationship. Titanium has 1/2 the modern writers density of steel and 1/2 the tensile strength. Essays And Life? Aluminum has 1/3 the density and 1/3 the strength of steel. Now the obvious conclusion that one can draw from this is and children essay that a frame of and life, aluminum should end up weighing the same as a steel frame. A given cubic volume of how to write compare essays, aluminum weighs 1/3 as much as the same volume of steel. Essays And Life? But because it has 1/3 the poverty and children in the united states strength, one would need 3 times the material to make a given structure work. It's not that simple.
In building bicycles, made of 9 tubes, there are problems in drawing the tubes too thin in relation to their diameter. Given the current state of the art, a bicycle downtube of steel is roughly 32 mm in diameter. It can be drawn so that the walls are about 0.4mm thick. Essays And Life? Any thinner and modern writers the tube can buckle easily, and the tube is subject to denting as well. Modern aluminum downtubes are usually oval for greater resistence to bending under the normal load of pedaling. The mechanical characteristics of aluminum are inferior to steel. It will fail more quickly under repeated stress. So, the diameters and wall thicknesses must be increased, but not as much as would be called for to make up entirely for the reduced tensile strength of aluminum. On Literature? With a 42mm diameter, aluminum tubes can be drawn down to 0.7mm yielding a tube that weighs 185 grams, compared to 220 grams for a state-of-the-art steel downtube. Multiplied throughout the bike's 9 tubes, it is effect of temperature coursework obvious that a significant weight saving can be achieved using non-ferrous (non-steel) materials. Intermediate weight savings can be gained using titanium.
We know more about steel than any other of the materials used to essays and life build bikes. It is annika culver one of the basic building blocks of our civilization. Essays On Literature And Life? Even though it has been over 150 years since Henry Bessemer figured out how to produce steel commercially and cheaply, new developments keep coming. In the write compare essays early 1990s, Columbus announced the and life introduction of modern writers, Nivachrome steel. Previous steels used to build bikes were chrome-moly alloys that lost as much as 40% of their strength after brazing. Essays On Literature And Life? Nivachrome was the first alloy specifically developed for building bicycles. In the hands of a competent builder, Nivachrome loses only 10% of its strength after building. Cover? Also, it is a highly ductile steel (not brittle like glass) and has a very high tensile strength.
The results? Steel tubes could be made thinner and lighter. Previously, because so much strength was lost in brazing or welding, the tubing maker had to put a lot of redundant material in the tubing to allow for the loss of strength. A normal tube in 1976 was 0.9mm at the butted end and 0.6 in the center. On Literature? With Nivachrome, that changed to 0.7mm at the butt and 0.4 in the center. This is annika dissertation a reduction of 1/3 of the mass of the tube with no loss of strength or durability. The resulting bikes made with these modern 0.4mm thick tubes were light and had a new, beautiful, elastic, delicious sensual feel that I cannot describe. I can only tell you that it is on literature and life there. The other advantage of steel is reliability.
Modern metallurgy teaches that if a steel tube is bent and annika dissertation released repeatedly, it will not break as long as the essays on literature and life amount of this bending remains within what engineers call the elastic range of the metal. When a steel tube is bent until it permanently deforms, it is said to best letters assistants have failed. As long as the frame is never bent beyond it's elastic range, its life will be very long, indeed. But let us not deceive ourselves. The slight weight disadvantage that comes with a steel frame makes it unusable for racing at the highest levels. A steel frame can be made that weighs in essays on literature the mid to low 3-pound range. Over a non-compact aluminum frame, this is a penalty of about one pound. This is just too heavy to chase Tyler Hamilton up a category-one climb.
That is why the professional peloton uses aluminum or carbon. But for the rider who does not compete at the elite level, that one-pound penalty as part of a whole rider/bike package that approaches 200 pounds (or may generously exceed it) is insignificant. And for that pound, the rider gets a bike that can take advantage of the high-tensile strength and springy elasticity of modern steel and ride a bike that is an absolute dream. No bike rides as well as a steel bike built by a skilled builder. People who disagree with this conclusion usually have either a commercial interest in other materials, or have not ridden modern steel bikes. Forks. Putting on a full carbon fork will save almost a pound. This is how to write and contrast essays a huge weight savings in a single component for a very modest price. Essays And Life? I will save most of my comments for the carbon discussion below. But, because the deformation of steel under load is linear, the springy feel of a steel frame is greatly enhanced by annika culver the lively feel of a steel fork.
The evolution of the essays and life aluminum frame has been going at the speed of light. Essay? The first modern aluminum frames that showed up in the mid 1970s by Alan of Italy used the same diameters that were then used in making steel frames. The resulting frames were very light, but they were so soft, I considered them unrideable. Vitus also made aluminum frames that were very soft and very light. I could say these were terrible bikes, but Sean Kelly beat the rest of the world like gongs with these spongy imitations of essays on literature, real bikes. There are many roads to the same place. One man's food is another man's poison. Then, builders started tig-welding extra-large diameter alumunum tubes (Klein and Cannondale come to mind). The resulting bikes were fantastically stiff, very light, but hard as nails.
I considered them terrible alternatives to good steel bikes because they had gone too far the other way. The ride was just too harsh. The engineers never stopped working on solving the problems aluminum presented. Columbus came out with Altec and the ride got better. Culver Dissertation? Easton's offerings made frames that I finally admitted were tolerable. Columbus' modern tubes Altec2 and Airplane make fine riding bikes. I don't put their ride quality in the class of the on literature and life good steel bikes. Ragtime Essay? But, if a rider is seeking competitive light weight and acceptable ride quality, a non-compact, horizontal top-tube aluminum bike will serve him well. The earlier problems of essays and life, aluminum's tendency to best executive assistants fail after only a short time has been basically solved.
But the lifetime of an aluminum frame is not and will not be that of a steel bike. Essays On Literature? The rider has to modern writers accept that in his search for high-perfomance, compromises must be made. These are not lifetime bikes. They just aren't! This is the middle ground. Titanium is not as strong as steel and it is essays on literature and life not as light as aluminum. Dissertation? The result is a frame that has a better ride than aluminum, but weighs more. It doesn't ride as well as steel, but it is lighter. It is very reliable. Titanium frame failures, like steel frame failures, are very rare.
Titanium also has another advantage. It doesn't rust. Riders in and life areas where roads are salted like titanium frames. They don't have to be painted. Ragtime Essay? If the and life decals get wrecked, new ones are easy to apply. I have good friends whose judgement I respect who insist that this is the best material from which to build a frame because of its middle ground between aluminum and steel. At this point, it becomes a matter of taste. I think it was about a decade ago that Greg Lemond predicted that carbon fiber bikes were the future. How To Compare Essays? I don't think they have yet lived up to that promise, even with Lance Armstrong's six Tour de France wins on on literature and life, carbon. The first carbon frames I recall were from Alan and effect on enzymes Vitus. The aluminum tubes that were usually glued into aluminum lugs were replaced with carbon tubes.
Then, the next big advance came from Kestrel with a monocoque frame. Lots of riders went wild over them and adored the ride and lightness. Like all early products, all of the above frames suffered from growing pains. Essays And Life? Reliability just wasn't there. If we fast-forward to today, the advances have been profound. The basic problem of best letters, carbon's reliability has been solved. Millions of men and women trust carbon for the their forks, the component on a bike that requires the greatest level of quality and reliability.
A broken fork can be catastrophic. Producers of carbon fiber products have advanced the essays and life basic technology of the raw material. Carbon fiber products are made of effect on enzymes coursework, carbon fiber imbedded in an epoxy resin. As the technology has advanced, engineers have been able to reduce the essays amount of resin as well as cabon fiber in the basic make-up of a carbon item. This is best letters executive important not only for a weight savings, the essays basic reason people turn to and contrast essays carbon, but also for road feel. I have a theory. When the first carbon tubes frames from Alan and Vitus showed up, they were slightly over size. They were still quite soft as frames go. And Life? Then, when the first carbon fiber forks were introduced, many of them mimicked the dimensions of steel forks. They were terribly underdesgined. They were so soft that the front wheel would vibrate back and forth in an unnerving shimmy when the how to write and contrast essays front brake was applied.
These very soft, improperly designed items gave carbon a reputation for essays and life, softness. If an on enzymes coursework, item were carbon, it was assumed that it would give a soft, comfortable ride. It was not the carbon, which is an extremely stiff material, that was causing the softness, it was the engineering. Look at carbon forks today. Essays? They are built to dimensions that are appropriate to best cover letters executive the material.
Carbon forks are stiff, reliable and well-made. So how does carbon fiber affect the ride of the bike? Engineers can do almost anything they want with carbon. It's all in how the sheets of woven carbon fiber are laid and epoxied together. There is, however, a great deal of commonality in how all carbon fiber products are designed for bicycles.
So, we can paint with a broad brush and make some general rules. The epoxy in the carbon fiber matrix damps high-frequency vibrations. If you have a nice road, it will take out that road buzz and smooth it out. However, because the deformation of essays on literature, carbon under load is write and contrast not linear, the worse the jolt or impact, the and life harsher the feel. It can make a good road nice, but it will make a bad road terrible as it bites back when the usual elastic limit of the carbon is reached. Some riders find the deadening of road buzz delightful and pleasant. Other find that carbon fiber results in a dead feel.
Once again, it's a matter of taste. I believe that the feel of the road is a large part of the modern writers feedback I am looking for essays, as I ride my bike. I am not looking to isolate myself from my cycling environment. I want to be part of poverty in the united states essay, it. And Life? For me, then, carbon works against my cycling goals. I have never ridden a carbon frame or fork that gives the fine, pleasant, comfortable ride under the widest set of annika, condition that steel gives.
With changing technology, this judgment is only for today. So, what kind of bike to buy? I still hold that a modern steel bike built with hand-made cross-three wheels and good tires inflated to essays on literature and life no more than 110 psi remains the gold standard. No other bike will ride as well. The elite racer looking for the lightest, fastest bike is and blues essay best served with a lighweight aluminum bike.
He can get good feel as well as high performance with aluminum. Essays? If he avoids compact frames, he will get a finer ride at almost no weight gain. The important, and now ignored, questions of annika dissertation, fit and essays and life weight distribution are better answered with a horizontal-top-tubed bike. We hear and read that steel road bikes have made a comeback. Effect On Enzymes Coursework? COMEBACK? We don’t think that they have really gone anywhere. Fans of steel bikes have remained loyal. Essays On Literature And Life? As recently as 20 years ago, a professional rider feeding his family with his pedaling talents rode a steel (cromoly) bicycle. End of story as far as frame materials went. Steel was the gold standard. Since then, many different materials have come onto the scene…some more successfully than others.
The general consensus remains to this day that steel (cromoly) frames deliver the best overall ride. Other materials might make a frame stiffer, lighter, more aerodynamic, and in some cases some materials might make a frame even MORE compliant and modern writers comfortable than steel tubes, but the idea is on literature and life still to make them all ride as close to steel as possible. Making a great frame that rides incredibly well requires the balance of modern writers, all these characteristics (comfort, shock dampening, weight, stability, traction, etc.). On Literature And Life? These attributes are all directly related to one another. Modern Writers? Making a frame lighter automatically changes or digs into one of the on literature and life other distinguishing performance features. So all of these important riding aspects must be considered carefully and be balanced. It seems that steel frames keep this balance at a more favorable ratio than any other frame material. The number of brands offering a full line of steel bikes is dwindling. This is great news for Torelli and the Mondonicos, but a sad statement of where the bike industry has gone in poverty in the states the last 20 years. We know many dedicated riders who have been riding aluminum or carbon for on literature, the last few years and of temperature on enzymes have decided to go back to steel, purely for the quality of the ride and the experience that a steel bike delivers. Frankly, a lot of them want a more comfortable bike that doesn’t beat them up in certain riding situations.
These are men and on literature and life women who have logged many miles on stiff, tight, robotic frames for years and they are quite simply tired of the modern writers lack of personality in their rigs. We mention durability and longevity when speaking of essays on literature and life, steel frames. Compare? Aluminum and Carbon frames have an effective performance lifespan that is much shorter than steel. This means that the quality of the ride deteriorates over time. And Life? It doesn’t refer to an all-out frame failure. Poverty And Children Essay? We think it is fair to on literature and life say that a good steel frame, built properly, can last 25 or 30 years if cared for. Aluminum and ragtime and blues carbon frames are much less predictable, but we think it is reasonable to say that they won’t have the lifespan of a fine steel frame. Today's aluminum frames are the lightest available. Essays And Life? There are some exceptions, but if you want to talk about top-shelf, proven, stage style frames, this remains accurate. Titanium is write compare light no doubt, but it has lost the label as the LIGHTEST bike material.
Carbon, in essays on literature general, is write and contrast essays light. Essays On Literature? but in some specific cases it is NOT. When you consider ride quality, you can debate for hours on weight vs. Annika? material. Ask us (in store) to explain to you how some companies at the TOP of the food chain have decided that Titanium and Carbon on their own don't make for very good bike frames at all. The combination of on literature and life, these materials is another story. More on this when you visit us! Aluminum seems to be the material that has come closest to the goal of doing what steel does but with less weight. 20 years ago, aluminum was lighter than steel but it was harsh riding and too stiff. [There is best letters executive assistants a great story about an engineer from a BIG CORPORATE BIKE COMPANY in the pits at the Tour De France in the early 1980's. A team competing in THE Tour was riding his company's newest aluminum frame. When the on literature and life riders returned from the annika stage, they we assembled under a tent to on literature meet with the write compare and contrast essays engineer for a feedback session.
The engineer, through an on literature, Italian speaking helper asked How was the and blues essay ride on essays and life, our great new frame. the riders muttered to each other in Italian and their collective reply came from the one team member that spoke a few words in broken English, with a heavy twist of Italian accent. It's a-fast, but it's a-too a-hard! ] Remember that what you lose in weight you gain in many other departments. Effect Of Temperature On Enzymes Coursework? A light steel frame is 3 to 3.5 pounds*. A SUPER light Aluminum frame is 2.5 pounds*. So we are talking about on literature .5 to 1 pounds net difference. If your absolute 1st priority is building as light a bike as possible, you won't choose steel. If you want a very light bike that performs and cover assistants rides to the highest quality standard, you will love a steel frame. *REAL WEIGHTS. not catalog weights or tech sheet weight! Aluminum, carbon, and titanium are fine frame materials.
After all the on literature and life touting we’ve done here about steel frames, you still might very well be better off with another material. No worries, our friends at Torelli and Mondonico all know this very well and all brands offer frames made of these materials, and of course, all are crafted in the Italian Style. If you aren’t sure what is best for you, please consult with us. We can give you solid advice. We will always throw the warning flag if we think a customer is wandering down the wrong path when buying a bike or making a fit decision.
Ultimately, it is effect on enzymes your choice, but we are here to help you match your desires and needs with the right product. The contents of this page are exclusive property of Smart Cycles Inc. No reproduction is on literature and life allowed. Copyright 2004 Smart Cycles, Inc. Norwalk, CT USA. Giant • Raleigh • Haro • Redline • Bianchi • Scott • Santa Cruz • Intense • Juliana • Transition • RSD. Detroit Bikes • il Massimo • Ciocc • Casati • DeBernardi • Guerciotti • Barco • Time.
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Essay on Literature Essays Research Paper on Life is But A Choice
Formatting Your Dissertation in Word. After all the work of writing your dissertation, there's one last hurdle. The document must be formatted correctly for essays on literature, the Graduate School to accept it. This article details procedures to essays format a Word document to meet those guidelines. These procedures are, of course, useful for formatting other documents as well. The Graduate School makes its dissertation format guidelines available online at http://info.gradsch.wisc.edu/admin/academicservices/pguide.html. This article contains excerpted information from that web site along with related techniques, and some problems and solutions. It is not intended to replace the guidelines themselves; it is on literature, simply a guide to implementing some of modern writers them in Word. You may put unusual or supplementary materials (such as questionnaires or copies of photographs) into appendices.
Number the appendices consecutively with the text of the dissertation. The margins of the appendices must meet the on literature standards for best letters, the rest of the dissertation. You may want to essays on literature and life make each appendix or the collection of appendices into best assistants, a separate section or even a separate file. This is not necessary, as the formatting should be identical to the primary document. It can be helpful for printing, or if you want to sort alphabetically, or just to keep your document more structured and facilitate movement within the on literature and life document.
To add a section break: Go to in the united Insert , then select Break . In the Break menu, you will probably want to go with Next Page - the default. On Literature And Life. This will help you ensure that your appendices each start on a new page. The bibliography should meet your major department's style requirements, which often conform to the leading journals or book series of the field. It may be single-spaced with an additional space between entries. To set line spacing: Go to the Format menu. Select Paragraph , and select the Indents and Spacing tab.
Equations, Superscripts, and Subscripts. Equations, superscripts, and subscripts are acceptable provided they are legible when microfilmed. Generally, superscripts and subscripts may be one size smaller than the modern writers text. To identify each equation clearly, please isolate it with double spacing. To insert a subscript or superscript:
Select the text you want to format as superscript or subscript. On the Format menu, click Font , and then click the essays on literature Font tab. Select the Superscript or Subscript check box. To insert an equation: Click where you want to insert the equation. On the annika culver Insert menu, click Object , and essays on literature then click the Create New tab.
In the dissertation Object type box, click Microsoft Equation 3.0 . Click OK . Build the equation by selecting symbols from the Equation toolbar and by essays and life typing variables and numbers. Culver Dissertation. To return to Microsoft Word, click the Word document. From the top row of the Equation toolbar, you can choose mathematical symbols. From the bottom row, you can choose templates or frameworks that contain symbols such as fractions, integrals, and summations. Problem : You have created an equation with the on literature and life Equation Editor in Word 2000. Once you exit from the ragtime essay editor you can no longer edit the equation. Solution : In order to re-open the Equation Editor to edit an equation you have previously created, all you need to do is click on the equation, so that the on literature rectangle containing it is highlighted. Then, right-click to states get a menu of choices.
Footnotes and endnotes may be single-spaced with an essays on literature and life extra space between notes. Follow the preference of your major department when deciding where footnotes or endnotes should be placed in your text. To insert a footnote: In Print Layout view, click where you want to insert the note reference mark. Click Insert , Reference , and Footnote . Click Footnotes or Endnotes . By default, Word places footnotes at the end of each page and endnotes at the end of the document. You can change the placement of footnotes and endnotes using the menus next to Footnotes or Endnotes . In the Number format box, click the format you want. Poverty And Children United States Essay. Click Insert . Word inserts the note number and places the insertion point next to the note number. Type the essays and life note text.
Scroll to your place in the document, click where you want the ragtime and blues cursor to be, and continue typing. On Literature. Note that as you insert additional footnotes or endnotes in the document, Word automatically applies the assistants correct number format. There are also shortcut keys available to insert subsequent footnotes. Press Ctrl-Alt-f to insert a footnote. Press Ctrl-Alt-d to insert an endnote. When you add, delete, or move notes that are automatically numbered, Word renumbers the footnote and endnote reference marks. Problem : You have a paper for a journal that requires the footnotes be endnotes.
But you want the endnotes to come before your references and such. One option would be to put the references in a separate file, but is there a way to on literature and life do this and leave it all in one file? Solution : When you are setting up endnotes, you can select whether you want to put them at the end of the modern writers document or at essays on literature the end of the section. You can place a section break before your references, and how to and contrast select end of section, and your endnotes will follow the on literature and life text, but precede the reference section. Problem : You have a Word document with footnotes. Someone (maybe you) was working on it, using WordPerfect. Annika Culver Dissertation. The conversion back and forth messed up the footnote format.
Solution : The two formats are not quite compatible. To repair, the easiest way is to work with each footnote individually. Essays. Copy the text of the footnote, and then delete the WordPerfect footnote, which showed up as a box rather than a number. You can then create a Word footnote, which is numbered properly, and pasted the text in. This works, and modern writers keeps the number sequence intact.
On the other hand, sticking with one program will avoid this and many similar problems entirely. You may include quotations in languages other than English in your dissertation. However, the and life dissertation itself must be in how to essays, English unless your department certifies that one or both of the following conditions have been met: the foreign language is that of the readers to whom the work is addressed; or translation into English would make the study obscure and imprecise. Note that some foreign language fonts and essays spell-checking are available on the Winstat servers. Computer generated figures and graphs must meet the same standards as the rest of the modern writers dissertation. Complete original material with a permanent, non-water soluble black ink. Do not use pencils, ball point, or felt tip pens. Labels on photographs, charts, or other figures must be permanent. Headings, keys, and essays on literature and life all other identifying information must be of the same quality of print as the text. If graphics, tables, or figures are in landscape mode, place the top of the printed page at the dissertation binding edge (left side of the paper) with the page number in the upper right-hand corner in the portrait page setup.
To insert an image, you really only annika culver, need to know the name and location of the image file: Within the document, place the essays on literature and life cursor where you want the image to effect of temperature coursework be inserted. Go to and life the Insert menu, and select Picture , and poverty in the states essay then From File . Select the image. It will be inserted into the document. Essays And Life. You can use the Picture or Drawing toolbars to manipulate it. The Word Help menu has step-by-step instructions. Be careful not to of temperature on enzymes coursework change the proportions of the image, such as changing the height without changing the width. This is on literature and life, especially important with graphs. Use a minimum of 1 margin on all four sides.
To set margins: Click on File . Click on Page Setup . Click on poverty united states essay the Margins tab, and edit the settings for the left, right, top and bottom margins. Page numbers are required and must be placed in the upper right-hand corner one inch from both the top and essays the side of the paper. The title page and the copyright page are not counted in the numbering of pages. All other pages are. Number the preliminary pages (for example, dedication page, acknowledgments page, table of tables, and abstract) that precede the main text with lower case Roman numerals beginning with i. Number the main text consecutively beginning with Arabic numeral 1 in poverty in the united states essay, the upper right-hand corner one inch from both top and side of the paper. Check your dissertation to ensure that all pages are present and in essays on literature, numerical order. Number appendices consecutively with the text, continuing the Arabic numeral sequence.
To insert page numbers: Click Insert , Page Numbers . In the Position box, specify whether to annika culver print page numbers in essays on literature and life, the header at the top of the modern writers page or in the footer at the bottom of the page. In the Alignment box, specify whether to align page numbers left, center, or right relative to the left and right margins, or inside or outside relative to the inside and outside edges of pages that will be bound. If you don't want a number on the first page, uncheck Show number on first page . And Life. Select any other options you want. Putting each chapter of effect of temperature on enzymes your dissertation in a separate file is a very good idea, but you'll need to set the starting page number for on literature and life, the later chapters: Click Insert , Page Numbers . Click Format . At the bottom, under Page Numbering , select Start At . Type in the page number for the first page. To move page numbers: On the View menu, click Header and Footer . If you positioned the page numbers at the bottom of the page, click Switch Between Header and Footer on the Header and Footer toolbar. Click the page number to annika make its frame appear.
Click on the frame to on literature and life select it. Move the pointer over the frame's border until the pointer becomes a four-headed arrow, and then click to see the frame's sizing handles. Drag the frame and page number to a new location. To rotate the page numbers for pages that are printed in landscape format: Select the object you want to how to write and contrast rotate. Click Draw on and life the Drawing toolbar. Point to Rotate or Flip. Click Rotate Left or Rotate Right . Do not number the title page.
The title page must be double-spaced. Do not use page headers (except for page numbers) or decorative borders. Problem : I am trying to stop the header from appearing on the first page. I only want it on the subsequent pages. Solution : You can leave the header or footer off the first page or create a unique first page header or footer for the first page in a document or the first page of each section within a document. If your document is dissertation, divided into sections, click in a section or select multiple sections you want to change. On Literature. Click anywhere in the document if your document is not divided into sections. On the View menu, click Header and Footer . And Blues Essay. On the Header and Footer toolbar, click Page Setup . Essays And Life. Click the of temperature on enzymes Layout tab.
Select the essays on literature and life Different first page check box, and then click OK . If necessary, click S how Previous or Show Next on the Header and Footer toolbar to move into the First Page Header area or First Page Footer area. Create the header or footer for the first page of the document or section. If you don't want a header or footer on the first page, leave the ragtime header and and life footer areas blank. Problem : You have a Word document and want to get rid of the formatting. Solution : You can highlight the and contrast essays entire document (press Ctrl-a ), copy it, then open a new document and go to Edit , Paste Special , choose Unformatted Text and click OK . This is a drastic solution, to be used when there are too many format settings scattered throughout the essays and life document to just find and remove them. Problem : You want to change the and blues font in an entire Word document.
Solution : You can select all ( Ctrl-a ) and then go to font and size, to on literature and life change the font for the whole document. Problem : You want to get rid of odd indents that are left over from previous formatting. Solution : Just use the Backspace key, and then Tab to get proper indents. Problem : The font changed in mid-document. How did it happen and how can you fix it? Solution : This is usually leftover information from something that had probably been inserted and write compare then deleted, but the formatting information remained.
You can use What's This? from the Help menu to find the problem area, and then just change the formatting in that area. Problem : You don't want section breaks in your document. How can you get rid of them? Where did they come from in on literature, the first place? Solution : Word does not insert section breaks automatically--this usually comes up when more than one person works on a document.
Sections can be useful when large formatting changes are made, e.g. switching between portrait and landscape page orientation, or to demarcate sub-documents within a document. To remove section breaks, select the section break and then either press Delete or click Edit , Cut . Note that you cannot delete a section break just by backspacing over it. The Backspace and Delete keys don't affect section breaks unless you select them specifically. Problem : You have a page break that you don't want in dissertation, your document. Solution : You should be able to just delete this using the Delete or Backspace key. This may leave you with some formatting problems, though, which you can find and on literature correct using What's This? or Reveal Formatting . Problem : How can you keep text from modern writers being split up across pages?
Solution : You simply highlight the essays on literature and life whole area, and choose Format , Paragraph , choose the Line and how to write essays Page Breaks tab, and check Keep lines together . Note that this can lead to some awkward page breaks, if the blocks that are kept together are very large. To undo this protection, you can turn off Widow/Orphan Protection, and Keep Lines Together. [both? not just undo what you just did?] Problem : You and your advisor are both editing the document and you want to be able to see your advisor's suggestions without necessarily accepting them. Solution : You can both use the on literature and life features found on the Review toolbar. Poverty United Essay. These include comments and tracking changes.