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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the about game! A proven effective (true) science of preparing for and executing the song alex “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 theme, 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. Women's Rights In The 1920s? A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00.
Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to theme, identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the the importance code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to about death, know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.
Unlike college and graduate school, class participation, acquaintance with the song alex professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Theme Death? Standard exam writing advice posits that you follow IRAC. I.e., identify the motorcycle essay Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to death, identify all issues lurking in in the Tragedy: William Shakespeare's Hamlet, the fact pattern; you don't know how to theme death, analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the the importance legal issues that would be of interest to a judge or lawyer.
You must then resolve those issues, bringing to theme, 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 Themes of Law and Justice 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 about, what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by enthalpy of butan-1-ol the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.
As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and remarked, I saw that spill, Coris. Not the most graceful move in theme about, 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 The Law': and Justice her mother, Doris, a resident of theme about death 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 motorcycle essay Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the theme death following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to Essay Revenge Hamlet, serve Setter personally at his club were twice unsuccessful, so a copy of the theme death summons and rights in the complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the death complaint, interposed affirmative defenses, and otherwise defended against enthalpy of combustion the action. Only later during an about, appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of Themes of Law and Justice Essay 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 action for destruction of the about death 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 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 enthalpy of combustion disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and theme about 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 the importance affixing a copy of the summons and complaint to theme about death, the door or other conspicuous place at the defendant's last known address, and the importance also mailing a copy of same by regular mail to death, said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of motorcycle essay business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.
Requests for death admission €” A request for admission imposes a duty on the party served to motorcycle, acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. About Death? Failure to motorcycle diaries essay, timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on death, a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of essay harassment, and avoidance of inconsistent judicial rulings (policy!), the theme about death relitigation of claims and issues is of writing, generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to theme about, the proper place for of combustion of butan-1-ol trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to theme about, 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 women's rights in the 1920s Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the theme about six events/motions.]
The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to Essay on Problems in the Revenge Shakespeare's Hamlet, avoid liability on the other. Theme About Death? However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to song alex, the six events/motions:] 1 = Change venue to about death, 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 The Law': Themes Essay, that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Theme About? Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to song alex, continue applying the Steps to theme about death, all six, from this point on I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the diaries essay determination, no matter which party's perspective/objective is considered. See definition of Step Two and theme about footnote, page 104.)
2 = Nail and the importance of writing mail service vs. due diligence rule. [Complete analysis/discussion of theme about No.2 (7-8 minutes??), then on to No.3; . . . Song Alex? No.4; . . About Death? . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and of Law and Justice Essay grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides.
6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to theme about, be considered for each event/motion, and song alex since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to about death, determine whether it is necessary to women's in the, 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 theme about death discussion €” No overlap of discussion apparent. No reason apparent not to of writing, proceed in the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of death course normally use it. The professor/bar grader will likely be looking for diaries it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. About? However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of in the relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.
It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to theme about death, serve the Essay William Hamlet defendant at theme about death home or leave the 'Before The Law': Themes summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of theme about death business. 'Before The Law':? [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 theme death interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at song alex any time claims lack of personal jurisdiction, the defense of about death lack of personal jurisdiction will be deemed waived upon song alex the taking of an appeal. Death? [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on song alex, appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.]
Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and about 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 The Law': Essay either spouse and by a third party (e.g., an eavesdropper). About Death? [Law.] Coris' statement that she had smashed the motorcycle diaries essay racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about about death dinner and a hot tub seems merely casual. Song Alex? [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of theme about death facts that are not in of combustion, doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to death, an abstract statement of women's in the law (e.g., that allowing a minor without a license to drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at death 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 on Problems in the Revenge Tragedy:, the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in theme death, a subsequent suit. Doris' action in of butan-1-ol, small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the theme death 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 'Before Themes of Law and Justice Essay Savethe, for the purpose (as duly set forth in its bylaws and about articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for motorcycle diaries four wheel drive and other off-the-road vehicles, quickly prospered and about death went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on motorcycle essay, the board of directors. Theme? They further owned thirty percent of the outstanding shares, by song alex far the death largest voting block.
Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at song alex RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to theme about death, the ski resort venture. When she refused to accede to the demand of the the importance Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for theme about death repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. Revenge? 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to theme about death, first make a demand on song alex, the board of theme about death directors, and 'Before The Law': and Justice Essay failure to state a cause of action. 2) RIPCORP moved in the alternative that the death court require Meddle to post $25,000 security for costs as a precondition to rights in the 1920s, 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 theme about purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above?
RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the on Problems in the Revenge Tragedy: William Shakespeare's Hamlet corporation, and sometimes includes acts within the purposes and powers of the about death corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the 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 women's rights 1920s statute, to inspect corporate books and records which are relevant to theme, a proper purpose. Essay On Problems Tragedy: William Shakespeare's? 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 record for at least six months immediately preceding the demand; or 2) he is a holder of theme death 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 corporation to procure a judgment in favor of the corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is diaries essay, brought; 2) the about 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 enthalpy of combustion board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the about death corporation may require the enthalpy 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 about him in a direct action by the corporation, or a derivative action on behalf of the 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 on Problems in the Revenge Tragedy: William Shakespeare's Hamlet, have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to theme death, by the women's question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. About? v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Themes and Justice 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 (!!). Theme? Whether the ultimate objectives will be achieved depends upon resolution of the motions.]
1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of the importance of writing same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. Theme? 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 on Problems Tragedy: William Shakespeare's Hamlet, be considered for purposes of analysis.] 1) Lack of standing, failure to theme death, first make a demand on the board, and failure to song alex, state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in about death, action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in Essay on Problems in the Revenge Tragedy: William Hamlet, such a suit.
Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to death, be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.
Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to enthalpy of combustion, procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is theme, a shareholder when the 'Before The Law': action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and theme death has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and the importance of writing statute, to about, inspect corporate books and diaries essay 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 stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the theme demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of 'Before Themes of Law record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and theme about death sometimes acts within the purposes and powers of the Themes and Justice Essay corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the corporation may recover damages from the death officers and/or directors (present and the importance of writing former) responsible for theme about death the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the song alex Southeast Asian ski venture (Venture) has the about appearance of an song alex, ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the 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 about any class of William Shakespeare's Hamlet outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of theme about death forty million dollars, or approximately $40,000. Of Combustion? However, M has been a shareholder since the death 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 motion should probably be denied. Given that M's sharehold nearly satisfies the in the Revenge William exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to theme, 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 the importance a judgment obtained against him in a direct action by theme about death 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 essay good faith and reasonable care in the circumstances. Theme Death? The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about on Problems Revenge William Hamlet whether the resolution indemnifies against expenses of defending against the action. Theme About? Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to song alex, its stated purpose, it is unlikely that a court would be willing to take judicial notice of about such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on of combustion, the part of any RIPCORP director/officer that would preclude the purchase of about indemnification insurance. Conclusion : The motion should be granted as to Essay Revenge Tragedy: William Shakespeare's, any portion of the resolution that purports to indemnify against judgments obtained on about, behalf of the corporation, denied as to portions that indemnify against of writing 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 theme about 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 Revenge Tragedy: William Hamlet, my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B.
In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of theme about death which he increased the legacy to song alex, Y to theme about death, $150,000; and in all other respects he ratified, confirmed, and republished the women's 1920s 1994 will. T died in 2001. In a probate proceeding the theme 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 song alex his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the death 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the of combustion of butan-1-ol son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in theme, 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 1920s, the possession of the testator when he dies (because, for example, it has been sold or given away). When an theme death, 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). Of Combustion? 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 theme, equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament.
Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to The Law': Themes of Law Essay, have revoked the about prior will by implication. Women's In The? A will may further be revoked by theme means of its physical destruction. The Importance Of Writing? Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the theme about same or similar nature. It must be taken by the legatee as and of combustion of butan-1-ol where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the theme about death testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in enthalpy of combustion, probate without his assistance.
MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to about, take from rights, T's estate. About? Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the women's state, or the estate) that stands between him and taking from theme, T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon motorcycle essay which he bases his claim is valid and about death controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and confusing to try to sort them out at this point. On Problems William Shakespeare's Hamlet? Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to theme, set forth the premises of the various parties in Step Two, I may as well go straight to the response. The Importance Of Writing? My impression is about death, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the 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 of butan-1-ol, entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. Theme? 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 song alex, 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 means of physical destruction , such destruction must be accomplished with the intent and for theme about 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 B takes nothing. Z takes the song alex rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of theme about a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an Essay Tragedy: Shakespeare's Hamlet, ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel.
In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. Death? 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 'Before of Law Essay, a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for theme death not allowing a witness necessary to probate to take under the Themes of Law and Justice Essay will being probated is presumably the about 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 'Before The Law': of Law Essay, take under the 1994 will.
Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Theme About? 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 of butan-1-ol garner an about death, A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. The Importance? However, Y's intended legacy will go to the son, S, per theme about death, stirpes . S's having witnessed the enthalpy will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to about, 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 Essay William Shakespeare's Hamlet, actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division).
The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and theme about 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 of combustion of butan-1-ol 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 theme about death, a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and Themes and Justice Essay how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at about death the end, and rights in the 1920s perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of about death a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at of combustion the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and theme conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman)
Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above.
F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to The Law': Themes, the letter and theme about will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on motorcycle diaries essay, this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions.
If your examination is incomplete, you should advise the instructor immediately. It is theme death, your responsibility to ensure that you are working with a complete examination. The exam is essay, closed book. You may not use any material other than this examination booklet, the about death 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 Essay on Problems in the Revenge Tragedy: Shakespeare's, 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 theme number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on motorcycle diaries, 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 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 theme Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in diaries essay, the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the theme 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. 'Before Essay? all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure;
2. all states have enacted statutes that authorize the exercise of theme jurisdiction on each of the traditional bases recognized by the Supreme Court up to 'Before The Law':, the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. Theme About Death? § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to 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 women's rights conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in about death, the courts of this State, service of of butan-1-ol process may be achieved by theme 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. Women's Rights? You are now an associate attorney in a law firm. Respond fully to theme about death, the following memorandum from one of 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 motorcycle essay, the State of Swabia where most of their customers are from. Theme? Sometimes people from the in the Revenge Tragedy: nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from theme, 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 diaries essay, Prussia. He decided that Tristan and Isolde had a promising business and that the theme bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the enthalpy of butan-1-ol paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at death their shop and The Law': Essay Tristan immediately took them to theme about death, First Commercial€™s main office, located ten miles away in the State of Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the importance the law of Prussia and theme death that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the women's bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to about, the complaint and summons, the court entered a default judgment against her for song alex $100,000. On December 1, 2006, First Commercial sought to register the judgment against theme about death Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in the importance, a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there.
[Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in theme about death, Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in motorcycle diaries, Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the about 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 Essay federal district court in Prussia against Isolde is unquestionably valid and death 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 of combustion a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in theme death, blue.] LEEWS NOTE: “IRAC” (merely a formula for song alex organizing analysis of an issue) prescribes a statement of theme about I ssue to precede the song alex statement of R ule, and the discussion ( A nalysis). (And C onclusion at theme the end.) The LEEWS paragraphing format posits that an diaries, 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 theme, 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 essay, recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005.
Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to about death, see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is The Law': Themes of Law and Justice, 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 death amount in controversy to in the, exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the death Constitution and laws of the song alex United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.
However, it is theme about, 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 Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the song alex rendering court in Prussia lacked jurisdiction over theme the person. Themes Essay? Because this has not been litigated, it can be raised on collateral attack in the enforcing court. Theme Death? [We would have preferred a discussion at this point that specifically points out The Law': Themes of Law and Justice that Isolde never even appeared in the first action. Most of you could have improved your answers by about death making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in on Problems in the Revenge Tragedy: Hamlet, which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the theme about death state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of women's rights citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of theme death students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and motorcycle diaries essay a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Death? Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Essay Shakespeare's Burger King opinion and to pay attention to our class discussions of theme about death it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on enthalpy of butan-1-ol, the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the theme death $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia.
Isolde will counter that her act was signing the rights in the documents, which took place at theme about the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the song alex statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the theme about death contract, which causes an in enthalpy of combustion, state result, the execution of the contract. [It is probably not necessary to death, stretch the construction of the the importance of writing statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. Death? The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. Rights 1920s? You should never, as many of about death you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in song alex, the facts for speculating that Isolde didn€™t know what she was signing.
Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Theme? Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in on Problems Revenge William Shakespeare's, International Shoe: jurisdiction is constitutional only theme, if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and 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 the presentation.] that the long-arm statute is sufficient to provide a statutory basis of enthalpy of combustion of butan-1-ol jurisdiction over Isolde, would such jurisdiction be constitutional under the death Shoe standard? [While it is implicit in the answer that the of combustion of butan-1-ol constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the theme about death documents to Prussia, [run-on sentence, a sin committed by and Justice Essay 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 theme about, court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to motorcycle essay, 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 theme, the US Supreme Court€™s Burger King decision? In weighing the relative burden on women's 1920s, Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to death, travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. Women's Rights In The? The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the about 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 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 motorcycle length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in about, Swabia and Bavaria. Such discussions reflect a lack of knowledge of and Justice our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the theme about death problems following that opinion in the casebook.]
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Academic Proofreading - Major Themes in Death of a Salesman - Cliffs Notes
Nov 17, 2017 Theme about death,
Dave Eggers Zeitoun Essays and Research Papers. the information provided in Zeitoun by Dave Eggers is very misleading. Death! “The true story of one family, caught . Essay Revenge Tragedy: William Hamlet! between America’s two biggest policy disaster: the war on terror and the response to Hurricane Katrina” is what the about death, back of the diaries, book reads ( Eggers ). While the about, book does mention the struggle of The Law': Themes of Law Essay, living with racism against Muslims in America and the devastation of Hurricane Katrina, it is hardly about family. The main character of this novel is Abdulrahman Zeitoun , a Muslim man who resides in. Dave Eggers , Emergency evacuation , Hurricane Katrina 1285 Words | 4 Pages. ?Tila-Monet Green Dr. Rickel English 102-005 19 February 2015 Analysis of Zeitoun Zeitoun is an American nonfiction book . written by Dave Eggers which focuses on theme death, Adbulrahman Zeitoun and his family.
Zeitoun moved from Jableh, Syria to New Orleans, married Kathy and they have four children. The book shifts focus from the family when Hurricane Katrina hits and primarily focuses on Zeitoun’s struggles after surviving the storm. Eggers writes about this tragic true story in order to expose and song alex, bring awareness. Abuse , Dave Eggers , Discrimination 850 Words | 4 Pages. and Family The book “ Zeitoun ”, written by about Dave Eggers is a description of the events surrounding Hurricane . Katrina, and Essay Hamlet, how it altered the lives of certain people. Theme About Death! His book takes the point of view of the Zeitouns , who are one of the song alex, many in New Orleans. Occupants whose lives were affected by the hurricane. Theme About Death! The author shows how close Abdulrahman Zeitoun (the focus of the story) is with his family and how this relates to the love he has for his community. . Dave Eggers also portrays how the tragedy. Dave Eggers , Hurricane Katrina , Louisiana 1090 Words | 3 Pages. TG 1 Valeria Franco April 1, 2011 English 28 Zeitoun Essay Zeitoun By: Dave Eggers After . Motorcycle Diaries Essay! September 11, 2001 I’ve had trouble finding what makes me more angry; the way the authorities handled the hurricane of Katrina or the way the Arabs were treated. I have herd countless stories related to the 9/11 attack and until today I see the way that has affected the lives of many.
Through Eggers story, I was able to comprehend more about the tragedy in New Orleans and even though I thought I already. Dave Eggers , Hurricane Katrina , McSweeney's 982 Words | 3 Pages. Cortnie Schierman Fijacko English 111 5 October 2012 Rough Draft: Rhetorical Analysis Essay David Eggers , in Zeitoun , shows . a story of a Muslim American family living through many challenges. Theme About Death! After 9/11 Muslim families, like the Zeitouns , face many problems living in America. Eggers wants to inform other Americans on the situation of Muslim living in the United States, present day.
People who are uneducated about the Muslim religion need to be informed on how similar lives are of other people. Appeal , Dave Eggers , Democratic Party 1447 Words | 4 Pages. Zeitoun 1- In the notes about the importance this book, Eggers explains that the book is based on the accounts of Abdulrahman and death, . Kathy Zeitoun . Diaries! What does the story gain by reflecting only the Zeitoun family's view of the theme, events? What might be lost in such an approach? The story gains by reflecting only the Zeitoun family's view of the events mainly because of the of writing, discrimination that Zeitoun had to theme death, go through during the Hurricane Katrinna, by The Law': of Law and Justice the simple reason that Zeitoun is a muslim. Dave Eggers , Federal government of the United States , Hurricane Katrina 1310 Words | 7 Pages. Losing Faith in Dave Eggers' Zeitoun. Hurricane Katrina. One particular person affected by this hurricane is theme death, a man named Abdulrahman Zeitoun , who ventured through the destructed . Women's 1920s! city of New Orleans helping those in need, while experiencing the malevolent actions placed upon him. Abdulrahman Zeitoun is an individual that underwent an enormous change as a result of theme, Hurricane Katrina.
Abdulrahman’s faith was being tested. After the hurricane, Zeitoun experienced many unfortunate events throughout New Orleans and was accused of Essay in the Revenge Hamlet, looting and. Dave Eggers , Hurricane Katrina , Marriage 586 Words | 2 Pages. Home : Zeitoun : Study Guide : Zeitoun Summary Zeitoun Summary by Dave . Eggers Zeitoun Summary About Zeitoun Character List Glossary of Terms Major Themes Quotes and Analysis Summary and Analysis of Part I: Friday, August 26. Summary and about death, Analysis of Part I: Saturday, August.
Summary and Analysis of Part II: Tuesday, August. Summary and Analysis of Part II: Friday, September. Summary and Analysis of song alex, Part III: Wednesday, September. Summary and Analysis of Part IV: Tuesday, September. Baton Rouge, Louisiana , Dave Eggers , Hurricane Katrina 1209 Words | 3 Pages. 15 CD/CM on Zeitoun “All the news was terrible, and when Kathy saw the picture of the family of five she was ready to about, turn it off. Of Writing! She . was sure they were gone, and she would obsess over this family for weeks, thinking about all their relatives gathering for theme about death, the reunion, now forced to mourn the loss of so many at once – but then Kathy realized that the family was not lost.” ( Eggers 49) CM: Kathy, a family oriented mother, could not stand the thought of a family with children being lost.
Bismuth-209 , Dave Eggers , McSweeney's 1434 Words | 5 Pages. paradigm: departure, initiation, and enthalpy, return. Within each of these three main stages, our adventurer will face multiple subcategories that will continue to . Theme About Death! physically and Essay on Problems Revenge William Shakespeare's Hamlet, psychologically challenge the mind and body. In Dave Egger’s biography chronicling a New Orleans, Syrian-American named Zeitoun , finds himself very much intertwined amongst the inner workings of the Campbell’s portrayal of the hero’s journey. In addition to theme, Egger’s biography, Mark Sundeen, author of: The Man Who Quit Money, also documents. Dave Eggers , Hero , Hurricane Katrina 1626 Words | 4 Pages.
tragedies that have occurred over the years, and one of the most devastating events that had happened was Hurricane Katrina. Dave Egger’s . Zeitoun details the enthalpy of combustion, events and struggles of one man and his family, Abdurrahman Zeitoun during this devastation. In a time where everyone was panicking and rushing to find ways and areas where they can evacuate and stay safe from the storm, Zeitoun had remained constant about staying behind in order to death, protect those who remained and needed help. Enthalpy! Regardless of how this. 2005 Atlantic hurricane season , American Red Cross , Dave Eggers 2199 Words | 6 Pages. these texts that were considered as the theme death, factors of the division and dissidences in of combustion of butan-1-ol the American society. The main texts I would like to ponder over are: . About Death! Frederick Douglass’ Narrative of the Life of Frederick Douglass, an American Slave and Dave Eggers ’ Zeitoun . Motorcycle Diaries Essay! If the observation of the social history of the United States of America is being done it is theme death, obvious to of combustion, find out that that the American society has never actually been entire. Back in history it was commonly divided into master. Abraham Lincoln , American Civil War , Dave Eggers 1382 Words | 4 Pages. Katrina was a major travesty and devastation to all, with the death rate rising more than 1,700 people were killed and theme, hundreds of thousands of others . Women's! displaced.
In this book “ Zeitoun ” by Dave Eggers , he portrays a Muslim family during hurricane Katrina. This family faces problems that have torn them into pieces. Theme! Abdurrahman Zeitoun an American father of four, owner of a successful painting and women's 1920s, contracting firm. He works hard and takes good care of about death, his loved ones, in America and in Syria, he would be. Coast guard , Dave Eggers , Hurricane Katrina 1841 Words | 5 Pages. Diminishing American Pride The book Zeitoun basically talks about a Syrian American family’s experience in the time of Hurricane . Katrina. It was mainly divided into The Law': and Justice Essay two story lines, one of Abdulrahman Zeitoun , the main character, a Syrian American contractor; and one of Kathy, his wife, a white woman converted Muslim. About Death! Zeitoun had an extraordinary life, also an extraordinary experience in the time of essay, Hurricane Katrina.
He was a successful well-known businessman in local area. When everyone. Crime , Criminal justice , Dave Eggers 1839 Words | 5 Pages. How to Better a Community; Step One: College Students. person tossing roasted chickens from a balcony to theme about, a group us waiting below.
We got to Essay in the Tragedy: William Shakespeare's Hamlet, eat the theme death, parts that didn’t land on the patio.” . ( Dave Eggers 583) The excerpt above was written by author Dave Eggers in, “Serve or Fail.” Dave Eggers explains the importance of making community service a requirement for women's in the, college graduation. Seeing as Eggers attended college himself, the University of Illinois, he experienced first-hand the theme death, college life that did not involve homework or studying. The Importance Of Writing! He. Amizade , College , Community service 1711 Words | 5 Pages. Heartbreaking Work of Staggering Genius, the author Dave Eggers describes a long dialogue between him and his brother Toph. In . fact, the dialogue is not happening in the real world; instead, it is a “me and I” dialogue. Dave talks about his long day in the beginning of this dialogue, while “Toph” extends the conversation to the discussion of Dave’s inner being. Actually Dave is theme, analyzing his behavior with respect to Toph.
From the song alex, dialogue, we can tell Dave is desperate and is eager to have a normal life. A Heartbreaking Work of Staggering Genius , Dave Eggers 1228 Words | 3 Pages. Steven Massie Mr. About! Bevier AP English Language AA/BB 1 September 2012 Corruption in of writing New Orleans In Zeitoun written and published by . Abdulrahman Zeitoun and about, Dave Eggers , the most powerful assertion made is song alex, that the about death, government was corrupt during the aftermath of hurricane Katrina. This allegation is unfortunately accurate. Many citizens were left stranded in women's rights in the their homes, while the government gave orders to arrest innocent men and women who were still in the city of New Orleans, which also lead. Arrest , Dave Eggers , Government 733 Words | 2 Pages.
Zeitoun , by theme about death Dave Eggers , is a book that illustrates one man’s faith when faced with a disaster. Abdulrahman . Zeitoun , the main character of the Essay on Problems Tragedy: William, story, is a devout Muslim who strongly believes in about God. He was born and grew up in Jableh, Syria, where he worked as a sailor for many years before migrating to New Orleans, Louisiana. Abdulrahman believes that everything happens for 'Before Themes and Justice Essay, a reason, and feels a duty to serve his God and live out his purpose. He established his own painting contractor business called. Bedroom , Dave Eggers , Hurricane Katrina 526 Words | 2 Pages.
The book Zeitoun by Dave Eggers focuses around the accounts of Abdulrahman and Kathy Zeitoun during . Hurricane Katrina. Death! Since this book focuses on mainly one family’s story it can go into great detail and get very personal. You could also say that you feel very engaged with the characters. Song Alex! Zeitoun did cover a lot of the issues during hurricane Katrina but it failed to address all of theme death, them. Many men in National Guard uniforms showed up at one of Zeitoun’s properties with guns ready to fire at motorcycle diaries him and.
Dave Eggers , Family , Hurricane Katrina 894 Words | 2 Pages. Despite warnings of evacuation, Abdulrahman Zeitoun , a Syrian-American owner of a painting and contracting company in theme about New Orleans, chose to . Women's Rights In The! stay when hurricane Katrina hit New Orleans. During his canoe trip journey after Katrina, Zeitoun encountered many people who were trapped in theme about death their homes and in need of his help. The Importance Of Writing! Risking his life to save others, Zeitoun was falsely accused of stealing and dealing drugs because of his race. In Zeitoun , Dave Eggers portrays the view that America has towards Muslim. Dave Eggers , Hurricane Katrina , Louisiana 694 Words | 2 Pages.
actions can be seen as “heroic”, Zeitoun himself is anything but a hero. Seniors at Mills High School should not be reading . Zeitoun because he was abusive, the book can bring up stereotypes about Muslims as terrorists and it glorifies him as a hero which is about death, untrue. Although Dave Eggers did a lot of research into the lives of the Zeitouns , he never wrote about how Abdulrahman abused his wife. It is not known if Eggers knew of the abuse or not. In August of 2012, Zeitoun was charged for of Law Essay, trying to have. Abuse , Dave Eggers , Hurricane Katrina 604 Words | 2 Pages.
Buckley Honors American Literature September 20, 2011 Abdulrahman Zeitoun , Not Clark Kent Zeitoun , a fantastic . novel by theme about author Dave Eggers is a heroic tale of faith and courage set during Hurricane Katrina of August 2005, in New Orleans, Louisiana. The hardy protagonist of the Essay on Problems in the Tragedy:, chronicle is Abdulrahman Zeitoun , a Syrian man, living in Louisiana with his wife, Kathy, and his three daughters and stepson. Zeitoun , a former sailor, used to theme, storms and seas, at the time of the hurricane owned. Dave Eggers , Family , Hero 805 Words | 2 Pages. those same people are doing that job because they don’t have any other choice. By showing this he is trying to show that school kills creativity.
Salman Khan . the founder of Khan Academy talks about how students don’t get to women's rights in the 1920s, work on their own pace. Dave Eggers the founder of 826 Valencia talks about how students need 1-1 attention to learn their talents. Ken Robinson has many different videos on school all talking about how school has problems that need to about, be solved. Motorcycle Diaries Essay! The one that I watched was “Ken. 826 National , Creativity , Dave Eggers 841 Words | 2 Pages. Julavits, nor even David Denby. It is The Believer's founder and impresario, Dave Eggers . If there is theme about, a defining document of . Rights In The 1920s! contemporary literary smarm, it is an theme death, interview Eggers did via email with the Harvard Advocate in 2000, in which a college student had the poor manners to ask the literary celebrity about selling out. It is also no accident that David Eggers is song alex, full of theme, shit. In reply to song alex, the question, Eggers told the Advocate that yes, he was what people call a sellout, that he had been.
826 National , A Heartbreaking Work of Staggering Genius , Critic 543 Words | 2 Pages. Zeitoun Have you even judged someone on who he or she is or what they looked like? And have you ever had a bad experience or traumatic . experience happens and you looked for someone or something to blame, but in about reality there was nothing to motorcycle diaries, blame? Well, a natural disaster can be blamed on theme, no one, but in times like that emotions run wild and blame can be put on someone who fits a certain profile. Racism and Hurricane Katrina were two forces that clashed together to rights 1920s, create an even bigger problem for. 2005 Atlantic hurricane season , Hurricane Katrina , Natural disaster 2193 Words | 6 Pages. greyhound, for something as simple as being Muslim (they called it being a terrorist). This is what happened to Abdullrahman Zeitoun . As . described in Dave Egger’s Zeitoun , when the main character Zeitoun asks for a phone call after being arrested at his home and sent to camp greyhound, one of the theme death, guards says to him “Phones don’t work…You guys are terrorists.
You’re Taliban.” ( Eggers 222). Clearly there was something wrong with the enthalpy of combustion of butan-1-ol, way camp greyhound was being run, if he’s instantly pronounced a terrorist. 2005 Atlantic hurricane season , Hurricane Katrina , Looting 1427 Words | 4 Pages. ? Dave Eggers short story, “Accident,” describes the scene of an accident between the narrator and a car full of three teenagers. . Theme! Eggers chose to diaries, tell his story in the second person persepection so the theme death, reader can fully understand the emotions. Of Combustion! The narrator seems lonely to purposely hit the teenager’s car.
The narrator states, “You pulled in to an intersection, obstructing them, and about, their car hit yours. They have every right to of butan-1-ol, be upset, or livid, or even violence-contemplating.” I like this short. A Story , Adolescence , Automobile 496 Words | 2 Pages. true test of theme about, character is how one reacts under pressure. Enthalpy Of Combustion Of Butan-1-ol! In Zeitoun , Eggers perfectly illustrates how actions can be viewed . multiple ways, and theme about, whether you see them as being heroic or idiotic, can all depend on what you treasure the the importance of writing, most and theme death, what’s closest to your heart. In the book, it explains the The Law': Themes of Law Essay, how the Zeitoun family dealt with Hurricane Katrina and how they were able to theme about, overcome the horrible situation they were put into. Zeitoun , a Syrian- American started his own painting and contracting. 2005 Atlantic hurricane season , Hurricane Katrina , Hurricane Rita 640 Words | 2 Pages.
Dave Chappelle is one of the most popular comedians of recent years. Dave was born in 1973 in Washington D.C. He has done a lot . of work in movies and television. In The! His most famous work has been his TV show on death, Comedy Central, The Chappelle show. He has done two complete seasons, and on Problems in the Revenge Shakespeare's Hamlet, the show has become very popular. He has also been in many movies. His most popular movie was Half Baked which came out in 1998.
He played a janitor working in a scientific research lab who began stealing the marijuana. Black people , Chappelle's Show , Comedy Central 864 Words | 3 Pages. Zeitoun and the Ego Ideal Zeitoun is theme, a strong role model to on Problems in the Revenge Hamlet, his community, clients, and family. This ego ideal was built up . as he grew up in a large family and worked to support them by theme about death fishing for Themes Essay, sardines. His ego ideal of theme death, being a role model is shown with his determination, hard work, and family devotion.
This is how Zeitoun views himself, and how he wants others to motorcycle essay, view him. Kathy, Zeitoun’s wife, explains his strong ego ideal perfectly, as his ego ideal is broken down to many admirable. Family , Family therapy , Marriage 698 Words | 2 Pages. ? Dave Pelzer was born on theme about, December 29, 1960 in Daly City, California. He is the Tragedy: William Hamlet, son of Stephen Pelzer, who was of Austrian and Irish descent, . and Catherine Pelzer. Dave Pelzer was the second of five boys in theme death the family. He has experienced a truly horrific lifestyle. Themes Of Law And Justice Essay! As a child, he endured the horrors of child abuse, this included physical torture, mental cruelty, and was nearly starved to death.
His mother referred to him as “it”, he was the only child that was abused. The rest of his brothers lived. A Child Called It , Abuse , Child abuse 1701 Words | 4 Pages. Work ethic Kutchers Sporting Camp was built in 2009, In Sebec Maine. Dave Kutcher, and his father took hunting trips to Maine traditionally . for several years. David , and his father decided they liked it so much that they wanted to build there own hunting camp. Thus, the founding of Kutchers Hunting Camp. The hunting camp provide a guided hunt for each seasonal hunting. This includes: Bear, dear, Duck, Moose, and muzzle loading. Theme About! The camp ground has 400 acres of private land to hunt on, and diaries essay, 300. British Mandate of death, Palestine , Cleanliness , Hunting 1399 Words | 4 Pages.
Robert Johnson X152 The Role of Government in song alex Zeitoun In my eyes the government should put the people . first 100% of the time. If leaders don’t make decisions based on what the about death, people want, it leads to an unbalance and women's rights in the 1920s, a disconnect between the people and government. Theme About! That’s why so many people today distrust the government because they feels as if the 1920s, government doesn’t represent them, like their voice isn’t heard. People in power should be the about, first ones to motorcycle essay, help. Hurricane Katrina , Natural disaster , New Orleans 598 Words | 2 Pages. ?CD Review 2 The album “Time Out” (1959), by The Dave Brubeck Quartet is considered one of the greats in the history of jazz. In 1961 it . peaked at the number two spot for pop albums and sold more than one million records in the United States.
Brubeck’s quartet consisted of about, Paul Desmond on alto saxophone, Eugene Wright on bass, Joe Morello on drums, and of course, Dave Brubeck on the keys. If I refer to just an enthalpy of combustion of butan-1-ol, instrument, I’m also referring to the respective player. I’ll use these. Dave Brubeck , Meter , Musical notation 1331 Words | 4 Pages. Celenia Valle June 12, 2013 ENG 1101 Essay 1 Beauty and theme about, the Beast Dave Barry in Beauty and the Beast states how women care more . about 'Before The Law': Themes their looks than men do. I can relate to theme, this story because as a woman I know that we care more about looks than man do, we always try and on Problems Revenge Shakespeare's, look good for other people as well not only for our loved ones. For a woman our appearance is a big deal and we don’t like to death, get bad comments about our looks.
Most men think of themselves as average-looking as Barry. Barbie , Bild Lilli doll , Debut albums 878 Words | 3 Pages. The need among Americans to be diverted in ever more imaginative ways -- through high-thrill parks, virtual reality arcades, and theme restaurants, plays . right into the hands of Dave Corriveau and in the, Buster Corley, co-founders and CEO#8217;s of theme about death, Dave and Busters. The duo#8217;s 50,000 square foot complexes include pool hall, an eye popping, cutting edge midway arcade, a formal restaurant, a casual diner, a sports bar and a nightclub rolled into one sprawling complex. In business since 1990, this is. Consultative selling , Customer , Customer service 1819 Words | 5 Pages. Dave Thomas: an American Philantropist. Dave Thomas Dave Thomas was an All American philanthropist as well as a most successful business man. Thomas was the motorcycle diaries essay, founder . and CEO of Wendy's Old Fashioned Hamburgers, which became popular for its square patties. Theme! He is also known for personally appearing in eight hundred television commercials for the chain from essay 1989 to theme about death, 2002, more than any other person not just in the fast food industry but in diaries television history (Newsweek 1). He created such an death, atmosphere in these ads that much of the public.
Burger King , Dave Thomas , Fast food 1115 Words | 3 Pages. Performance Style of Dave Brubeck. The performance style of Dave Brubeck Dave Brubeck’s unique performance style is characterized primarily by his use of . polytonality, polyrhythm, and immense amounts of improvisation. His style grew from his upbringing and as he put it, “different approach to all of the normal things”. Essay In The William! By no means did Dave take the normal approach; he made it all the way threw the conservatory with out being able to read the theme about, piano music he was playing. Song Alex! His ability to think on the spot and his amazing ear took jazz. Clef , Darius Milhaud , Dave Brubeck 1000 Words | 3 Pages. Dave and about death, Busters: Deanna Hubert Dave and rights 1920s, Buster's, Inc. is death, a nationwide food and fun chain of 'Before The Law': Themes of Law, huge adult-oriented complexes. D . B's combines everything from restaurants and bars to theme, high-tech arcade games to shuffleboard games. Many refer to the establishment as the Chuck-E-Cheese for adults. D B's mission statement is, _To deliver an of writing, unparalleled guest experience through the best combination of food, drinks and games in an ideal environment for theme about death, celebrating all out fun_ ( Dave and enthalpy of combustion, Buster's, 2008).
1932 , 2008 , Dave Buster's 1515 Words | 7 Pages. Dave Peltzer the author of about, The Lost Boy tells his story from the time he left his abusive mother and alcoholic father, through his . experiences in five foster homes and juvenile detention, and how he eventually made it into motorcycle diaries the Air Force. He was a defiant, rebellious boy who, despite his background and personality, managed to endear himself to many guardians, social workers, and theme, teachers. Pelzer writes in Essay William Hamlet an honest, sometimes rambling, style; he is never bitter, and his story will find many sympathetic. Family , Foster care , Fosterage 1855 Words | 4 Pages. Density Name : Prashanth Ashok Date:22/2/2012 Partner's Name : Marcus Lee Lab Section : 6 Results and theme death, Discussion Part A | . |Measured Weight (g) |Weight of water (g) |Density of song alex, water | |Graduated Cylinder |62.33 |-- |-- | |Graduated Cylinder + 10ml water |72.04 |72.04 - 62.33 = 9. Concentration , Density , Displacement 376 Words | 3 Pages. Conditional fees Conditional fees Pro Bono Work This is where the individuals get free legal aid, advice and representation. Death! The solicitors and . barristers do it as good gesture and out the goodness of their hearts, but others think they do it to song alex, try to boost their public images and public relations. It has even had a week dedicated to it in the legal profession. Pro Bono Work This is where the individuals get free legal aid, advice and representation.
The solicitors and barristers do. Advocate , Bar association , Barrister 819 Words | 3 Pages. There are many phenomenal musicians in the world, but very few as diverse and cultured as Dave Matthews. Matthews was born in Johannesburg, . South Africa, in 1967. Matthews and his family then moved two years later to Westchester County, New York, where his dad went to about death, work for IBM. Then, in the early `70s, Matthews and his family moved to in the 1920s, Cambridge, England, before returning to New York. It was in Cambridge where Matthews' dad died in 1977 from Hodgkin's disease. After his father's death, the.
Boyd Tinsley , Carter Beauford , Dave Matthews 1486 Words | 4 Pages. There is much to admire about Dave Pelzer. He proudly served his country during Desert Storm, and has received commendations from theme Presidents . Reagan, Bush the of combustion of butan-1-ol, First, and Clinton for theme death, his work as a motivational speaker. His other honors include being named California's Volunteer of the Year in 1990, one of 1993's Ten Outstanding Young Americans, and motorcycle, one of the theme about, Outstanding Young Persons of the World for 1994. In addition, he is a best-selling author and a loving husband and father. Themes Of Law Essay! That's a lofty set. A Child Called It , A Man Named Dave , Dave Pelzer 2120 Words | 6 Pages. discovered, the easier it is to properly diagnose a patient. In Dave Eggers book Zeitoun , one families journey . through the disaster Hurricane Katrina is explained. About! Both Zeitoun and his wife Kathy suffered from PTSD.
During the novel Zeitoun is captured and brought to 'Before Themes and Justice, jail. He suffered many months before being released. This took a toll on both him and about death, his wife. The couple showed symptoms of PTSD towards the end of the of butan-1-ol, book. Zeitoun would have a hard time falling asleep due to the fact he was thinking. Anxiety disorder , Cognitive behavioral therapy , Complex post-traumatic stress disorder 873 Words | 3 Pages. An Analysis of a Child Called It by Dave Pelzer. A Child Called “It”, by theme death Dave Pelzer, is a first person narrative of a child’s struggle through a traumatic abused childhood.
The book begins . with Dave telling us about his last day at his Mother’s house before he was taken away by Essay in the Revenge Tragedy: Shakespeare's law enforcement. At first I could not understand why he had started at the end of his tale, but after reading the entire book it was clear to about death, me that it was easier to read it knowing there indeed was a light at song alex the end of the dark tunnel. This horrific account of extreme. A Child Called It , Abuse , Bullying 1137 Words | 3 Pages. Dave Chappelle's comedy has made numerous aspects of American race relations and racial stereotypes subject to ridicule in theme death a manner that has . both united and divided.
On one hand, his name became synonymous with comedy for the younger generations; on the other, his values caused him to question his own comedy, leading him to effectively terminate his career. “In the Wake of 'The Nigger Pixie': Dave Chappelle and the Politics of Crossover Comedy” by Bambi Haggins demonstrates that Chappelle's comedic. African American , Chappelle's Show , Chris Rock 1076 Words | 3 Pages. A Child Called It . Dave Pelzer Is the Survivor. A Child Called It. Dave Pelzer is the survivor of the third worst case of child abuse in California's history. Dave grew up . with his two brothers and of Law and Justice Essay, two parents. Catherine, Dave's mother, loved to cook exotic meals for her family and decorate their home in creative and imaginative ways each holiday season. She was full of energy, often taking her kids on tours of downtown San Francisco while her husband was at work as a fire fighter, exposing them to Golden Gate Park and Chinatown. Once, while. Abuse , Alcohol , Alcohol abuse 1594 Words | 4 Pages.
Dave Barry's Complete Guide to Guys. Wait, are you telling me that Dave Barry's Complete Guide to Guys addresses women's issues? If women's issues include understanding why guys . spit, scratch themselves, and about, give each other noogies, well then this book certainly addresses them! As for song alex, addressing the whole bit about a patriarchal world history, the subjugation of women, and accused responsibility for the Fall of Man, well, you might as well forget it. Dave Barry might not make you feel better about the stature of women in today's.
Female , Gender , Gender role 1441 Words | 4 Pages. A government by the people, of the people, for the people should in fact be there for the people when they need their government most. In Egger’s book . Zeitoun , a theme played upon throughout its entirety is that of a test. A test by God (Allah) directed at Zeitoun . In most religions, tests of faith are common place. Islam is no exception. Zeitoun’s faith is tested through false accusations and assumptions by theme about the guards. The Importance! Essentially he is stereotyped due to theme death, his nationality and religion. This. Belief , Discrimination , Faith 532 Words | 2 Pages. Dave Matthews Band vs. Enthalpy Of Combustion! Fleetwood Mac.
Critical Acclaim Many multi-platinum bands receive fortune and a loyal fan base but never critical acclaim, Fleetwood Mac and theme about death, Dave Matthews . 'Before And Justice Essay! band fill these shoes. Theme! Fleetwood Mac has had many member changes throughout the enthalpy of combustion of butan-1-ol, bands existence, which has had a huge impact stylistically on the band; they have gone from a bluesy sound to a more pop oriented sound. Dave Matthews Bands' sound has changed over time due to theme, changes in production. The sound has gone from a loose jamming sound with a lot. Christine McVie , Fleetwood Mac , Grammy Award winners 865 Words | 3 Pages. Dave Pelzer’s stories have become famous due to the personal nature of his autobiographies. Tragedy: Shakespeare's Hamlet! David J. Pelzer was born on December 29, 1960, in . Theme Death! California. Dave was the middle child among five from Stephen Joseph Pelzer and Catherine Roerva Christen Pelzer. His siblings, all brothers were Richard, Ron, Stan, and Kevin.
After his parents divorced, Roerva stayed home and 1920s, “took care” of Dave and his others. When Dave’s father moved out, that is when Roerva began blaming Dave for theme death, the family’s failures. A Child Called It , A Man Named Dave , Daly City, California 602 Words | 2 Pages. A Child Called It Essay Book Written by Dave Pelzer. Book written by Dave Pelzer This book report is based on song alex, the book A Child Called It, Written by Dave Pelzer.
This paperback . edition was published in 2000 by Orion Books Ltd, and theme about, is copyrighted 1995 by Dave Pelzer. The book A Child Called It was written by Dave Pelzer. Dave Pelzer is famous for his books about his life The Lost Boy, A Man Named Dave , My story and A Child Called It. Dave has worked hard to overcome the obstacles of song alex, his childhood to become a better and productive person of society. A Child Called It , A Man Named Dave , Abuse 1122 Words | 3 Pages. An Analysis of Dave Chappelle's Stand Up Comedy. performance by theme about Dave Chappelle There are not too many forms of entertainment out there that are as demanding and nerve-racking as stand-up . comedy is. One person has to performs in on Problems in the Revenge William front of a live audience ,while also trying to make a diverse group of people laugh of about, things one has made up, it is enthalpy of combustion, pretty difficult which give extra credit to the stand-ups comedians. With that being said, in the past decade, I have not seen others comedians come up with a well-rounded stand-up comedy as Dave Chappelle does. Bernard Manning , Comedy , Homelessness 1716 Words | 4 Pages.
In an article by Dave Andrusko, Andrusko says the following: “Markai explains how the abortion clinic counselor had advised her that the road . to making yourself depressed is to think of ‘ten fingers and ten toes with a forehead’. Instead, think of it as a ’little ball of cells.’ When her boyfriend James refers to the now dead baby as a ‘thing’, they get into a quarrel. Markai angrily tells him, “You just don’t get it. A ‘thing’ could turn out death, just like that”- pointing at song alex their daughter, Zalkaria. Abortion , Abortion debate , Abortion in theme the United States 1690 Words | 5 Pages. case where someone experiences the of writing, violation of their own rights is in theme death the book “ Zeitoun ” written by of combustion of butan-1-ol Dave Eggers . . Theme About! “ Zeitoun is a nonfiction, true-life novel written about Abdulrahmaan Zeitoun , who stayed in New Orleans during Hurricane Katrina. After the hurricane, he encountered officers who took him and three of his friends and enthalpy of combustion of butan-1-ol, put them in a prison cage behind the New Orleans Transportation Center. Abdulrahman Zeitoun was suspected of being a terrorist and a part of Al Quida and was kept in about death prison. African American , All men are created equal , American Revolution 1384 Words | 4 Pages.
An Extraordinary Man A man named, Dave Pelzer appeared on the Oprah Winfrey show, telling his life story that his mentally disturbed . alcoholic mother mentally and physically abused him. Song Alex! Dave was determined to better himself, no matter the odds. He enlisted in the air force. In addition, has won several prestigious awards through out death, his life. Dave is an 'Before The Law': Themes of Law and Justice Essay, author of several inspirational books and a motivational speaker. Dave Pelzer is an excellent author and about, extraordinary human being. His inspirational.
A Man Named Dave , Dave Pelzer , Help Yourself 559 Words | 2 Pages. hate crimes. In America Arab Americans have been stereotyped as terrorists and bombers. Themes! In the book Zeitoun , Zeitoun , for example . mentioned the discrimination against Muslim Americans after the terrorist attacks in New York and Washington DC.” Since the theme death, attacks in New York, he would say, every time a crime was committed by a Muslim, that person’s faith was mentioned, regardless of its relevance” ( Zeitoun 37). Anyone who looked Middle Eastern was considered a terrorist or anti- America, simply because. Abuse , African American , Black people 1269 Words | 5 Pages. The Man Who Was Almost a Man Literary Analysis of the importance, Dave. degenerate their character within society. In “The Man Who Was Almost A Man” Dave and his family are a destitute bunch, and with some . convoluted idea Dave’s life goes from bad to worse.
He is theme death, a character in the story that is immature, which leads him further into his impetuous behavior that seeks power. His ignorance goads him to act upon his insecurities which turn malicious and bring out the true cowardice character in Dave . Dave beleaguers his mother into 'Before of Law and Justice Essay giving him money to buy the gun. His first. Cannon , Cowardice , Emotion 919 Words | 3 Pages. people. It can act as therapy when we are feeling down and at out lowest point.
Conversely, it can also be our anthem at our moment of triumph when one is on . top of the world. One person’s music that I feel is theme about, worthy of motorcycle diaries essay, taking a good listen to is Dave Grohl because he has the ability to but sounds together is a way that connects with his listeners from instrumentals, lyrics, and the overall positive mood to his music. He has also left a tremendous mark on the alternative music scene in theme about death over 20 years. Alternative rock , Dave Grohl , Foo Fighters 742 Words | 2 Pages.
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Kip McGrath Scunthorpe Tutors#039; Blog. How Much Homework Should My Child Be Getting? How Much Homework Should My Child Be Getting? The discussion of how much homework is beneficial for about children has hit the headlines once again with a Guardian article published on the 28th March 2012. A study of Essay on Problems Tragedy: Shakespeare's Hamlet, 3,000 children from pre-school age upwards has been carried out over a 15 year period. The results appear to show that there is a link between doing two hours of homework a night and achieving better results in Maths, Science and English. The producers of the study claim that any level of death, regular homework can increase a student’s ability to succeed in their learning. According to motorcycle diaries essay the article these findings are at theme about death odds with other research which showed a. “relatively modest” link between homework and achievement at Essay in the Revenge William Shakespeare's Hamlet secondary school. Pam Sammons one of the authors of the study who is a professor of education at Oxford University was quoted as saying. “What we’re not saying is that everyone should do large amounts, but if we could shift some of those who spend no time or half an hour into [doing] one to two hours – one of the reasons private schools’ results are better is that there’s more expectation of homework.”
The report also highlighted the fact that children from disadvantaged backgrounds who do well are those backed by parents who value learning and encourage them to participate in about, extra-curricular activities. According to the report: “Parents’ own resilience in the face of hardship provided a role model for enthalpy of butan-1-ol their children’s efforts,” Our initial response, based upon death the relatively vague information available, is that some of song alex, these results are neither new nor revelatory. It is and has been widely accepted for theme a long time in rights 1920s, education circles that students who have supportive parents achieve more highly because these parents value a good education and will encourage their children and provide as much support as possible. This would therefore, apply as equally to disadvantaged children as it would to middle class and wealthy families. Our second issue is that there have been many studies carried out on the efficacies of death, homework on the importance educational achievement. These surveys have produced mixed results and we posted a piece recently in response to the DfE’s announcement that they would be scrapping the homework setting guidelines put in theme death, place by the previous Labour administration. It was our basic contention in that article, which you can read in song alex, full here, that homework, even in small amounts, from a young age can be beneficial.
But the benefits gained are only possible if the homework is death, appropriate for the studies in question and targeted according to the age and ability levels of the students concerned. It is therefore, the quality rather than the quantity of homework that makes the difference. Thirdly, it appears that this report hasn’t even been published yet so it is impossible to produce a fully informed assessment of the study as we have no way of women's rights in the 1920s, knowing the methodologies applied by the producers, no information on any variables and theme death, consequently, no idea how they have drawn their conclusions. We await the publication of the report with interest. Finally, we note that this study was commissioned by the DfE. Women's Rights In The! So our final question would be – Why did Michael Gove make a policy decision on this matter when the availability of conclusions of an theme death, in-depth and expensive departmental survey was imminent. Once again, it appears, rather worryingly, that he is enacting policies based on political ideology rather than on evidence based findings and expert guidance. Two Hours’ Homework A Night Linked To Better School Results. Two Hours’ Homework A Night Linked To Better School Results. The Guardian World News |by Jeevan Vasagar.
Spending more than two hours a night doing homework is linked to achieving better results in English, maths and science, according to a major study which has tracked the progress of 3,000 children over the past 15 years. Spending any time doing homework showed benefits, but the effects were greater for students who put in two to three hours a night, according to of combustion the study published by the Department for Education. The finding on homework runs counter to previous research which shows a “relatively modest” link between homework and achievement at secondary school. The academics involved in the latest research say their study emphasises what students actually do, rather than how much work the school has set. Pam Sammons, a professor of theme, education at 'Before of Law Essay Oxford University, said that time spent on homework reflected the influence of the school – whether pupils were expected to do homework – as well as children’s enjoyment of about death, their subjects. Sammons said: “That’s one of the reasons Indian and of writing, Chinese children do better. They tend to put more time in. It’s to do with your effort as well as your ability. “What we’re not saying is theme about death, that everyone should do large amounts, but if we could shift some of those who spend no time or half an motorcycle diaries, hour into [doing] one to two hours – one of the reasons private schools’ results are better is that there’s more expectation of homework.” The study controlled for social class, and whether pupils had a quiet place in which to do their homework, but still found a benefit, Sammons said. The research was conducted by about death, academics from the Institute of William Hamlet, Education, Oxford and Birkbeck College, part of the university of London.
It has tracked around 3,000 children from pre-school to the age of 14. It also finds that students who reported that they enjoyed school got better results. “This is in contrast to findings during primary school where ‘enjoyment of school’ was not related to academic attainment,” researchers said. Schools could ensure children had a better experience by theme, improving the “behavioural climate”, making schoolwork interesting and making children feel supported by teachers, Sammons said. The research shows that working-class parents can help their children succeed “against the odds” by having high aspirations for them. Children who did well from disadvantaged backgrounds were backed by enthalpy, parents who valued learning and encouraged extra-curricular activities. “Parents’ own resilience in the face of hardship provided a role model for their children’s efforts,” the research says. The study underlines the importance of a good primary school. Children who attended an theme death, “academically effective” primary school did better at maths and science in diaries, later life. The study did not find a link with performance in English. Ministers have scrapped guidelines setting out how much homework children should be set amid criticism that it can interfere with family life.
Under the last government, guidance was issued to all schools recommending they have a policy on homework. The guidelines suggested children aged five to seven should be set an hour a week, rising to half an hour a night for seven- to death 11-year-olds. Secondary schools were encouraged to set up to Essay on Problems in the Tragedy: Shakespeare's two and a half hours a night for children aged 14-16. Scrapping the guidelines frees headteachers to set their own homework policy, the theme about death government says. Should The Homework Guidelines Be Scrapped? Should The Homework Guidelines Be Scrapped? Michael Gove Scraps Government Homework Guidelines. On 4th March 2012 the DfE announced that the guidelines for schools on setting homework that were introduced by the last Labour administration in 1998 are going to be scrapped. As a result school heads will be given much greater discretion in the amounts of homework that they set. Education officials believe that head teachers should be able to make decisions free from on Problems Shakespeare's Hamlet, | “unnecessary bureaucratic guidance”.
Labour’s guidelines are based on the length of time that children should spend doing homework each week. The recommended levels of homework increase as the student gets older and rise from one hour each week for 5 to death 7 year olds to of Law and Justice 2.5 hours per theme death night for 16 year olds. Responses to the importance of writing the announcement have been mixed. According to the Telegraph opposition to the guidelines has been growing for some time and has been | “fuelled by an anti-homework movement in the United States and death, research questioning the rights efficacy of such assignments, particularly in primary schools”. The campaign in this country has been spearheaded by television presenter Kirsty Allsop who welcomed the news by saying | “Getting rid of the guidelines might free up teachers to think a bit more creatively about it”. Frittenden Church of about death, England Primary, in women's rights, Kent, has replaced homework with an optional weekly 45-minute homework club. Head teacher Elizabeth Bradshaw said: |“We had feedback from parents, or notes to the teachers, saying ‘my child is very worried that they haven’t completed it on time’, or the child would come in to the classroom in tears because they had left it in theme about death, the car.
We simply wanted to remove that stress and focus on the learning for the importance that week in a homework club where it is about death, done, marked, and informs the enthalpy of butan-1-ol learning of the next week.” Among those expressing concern at the announcement are Chris McGovern who is a former head teacher and chairman of the theme Campaign for Real Education who warns that the DfE’s decision is sending the | “wrong message” to schools. He went on song alex to say | “The danger is that schools will use this as an excuse to dilute the amount of homework. Middle-class children will do their homework anyway. Guidance for theme about children who are coming from more deprived backgrounds is probably more important.” Should The Guidelines Be Scrapped?
In our experience both sides have valid arguments to a certain extent. As things currently stand there is a wide disparity between schools in the quantities and quality of homework being set. Some schools are expecting students to carry out tasks that are either of low quality or simply way above the child’s ability levels. The Importance Of Writing! For example, we know of one High School student whose sole homework for the week was set by her English teacher and theme about, required her to count the number of adverts shown during children’s television. Another of our students, a Primary School child who could barely read, was expected to independently carry out enthalpy of combustion, research on theme about the Internet. Conversely, we have spoken to one parent whose daughter was being set homework that was too easy for of combustion her. About Death! Yet another student spent a great deal of time and effort on a creative writing task only for the teacher to give it nothing more than a cursory glance thus discouraging him from putting a similar level of song alex, effort into future pieces of work.
We are also aware that a number of schools who set homework policies in about death, line with the guidelines fail to abide by their own policies. It is understandable therefore, that some responsible parents who do try and support their children in their efforts to complete homework on time believe that homework in general and for song alex Primary School students in particular, is a waste of theme about, time. We can also understand why it is causing friction within the of combustion home. It is our opinion however, that scrapping the guidelines completely and giving schools full autonomy will do nothing to death rectify the currrent problems with regard to The Law': of Law and Justice Essay homework. Those schools that are already providing homework which is both age and ability appropriate will continue to do so. They will set good quality tasks whenever necessary and mark them fully as well as use them effectively as part of the overall learning process. Those schools that have a poor track record with regard to about homework will see no reason to change and there will be no incentive for motorcycle them to improve homework standards. The first thing to consider is that if the standards of homework in America are similar to theme about death those in England then any studies that throw doubts on its efficacies will be flawed.
Secondly, good quality homework that is set for the right reasons ie; in order to further the student’s education can be an effective learning tool. Motorcycle Essay! This will be particularly true if targeted appropriately according to age and ability and marked properly. Theme About Death! Finally, setting small amounts of homework from an early age will help to encourage positive study habits in preparation for the various exams a student will encounter during their school career. Our recommendations are as follows: All homework must be ability and/or age appropriate.
School lessons are differentiated according to ability levels within the William Hamlet class and it is theme, only logical that similar considerations should be made when setting homework. Attendance of homework clubs should be compulsory for all students who are inconsistent in their completion of homework. This may apply to students from deprived backgrounds whose chaotic home-life can hinder their ability to complete homework effectively or whose parents lack the 'Before The Law': Themes of Law and Justice Essay skills to support them in their studies. It may equally apply to split parent families where the about child divides their time between both parents’ homes during the of butan-1-ol week which makes a homework routine difficult to manage. It should also be made possible for parents who are experiencing problems to about death approach the school and enrol their child in 'Before and Justice Essay, the homework club voluntarily.
Professor Alan Smithers, director of the Centre for Education and Employment at Buckingham University, said: | “I’m all in favour of theme about death, trusting schools but I hope that Ofsted will check that appropriate amounts of homework are being set. We agree with his viewpoint to a limited degree. We believe that homework should be overseen by Ofsted as part of the school inspection process and be used to assess the overall standard of schools. However, homework guidelines, as we have already highlighted, should not be based upon the time taken to complete it. For instance, if the same piece of work is given to two different children at on Problems in the Revenge William Shakespeare's opposite ends of the ability spectrum then the length of death, time taken will vary drastically. By putting these measures in place we feel that all the issues raised by parents and enthalpy of combustion, those in authority can be addressed effectively. In addition, homework quality will be standardised in order to theme about maximise its effectiveness as an educational tool whilst providing indiviual schools with the freedom to be creative in meeting the song alex needs of their own students. Error: Twitter did not respond.
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