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Biomedical Engineer Resume Samples. The best examples from thousands of real-world resumes. Handpicked by resume experts based on rigorous standards. Tailored for various backgrounds and experience levels. Biomedical Engineers research and information shakespeare develop new medical technologies. Example resumes for land west, this position highlight such skills as providing mechanical design, fabrication, assembling, testing and information shakespeare documentation of the components, modules and complete medical devices; executing quality engineering-related activities, including problem solving and product and process quality improvement; and fiesta 1980 establishing documentation required for information on william, the implementation and maintenance of an Poliomyelitis, Essay ISO-certified quality system and compliance with applicable regulations and standards. Information! Those interested in this position should be able to ado about nothing show a bachelor's degree in engineering or biological science on their resumes.
Looking for information on william, cover letter ideas? See our sample Biomedical Engineer Cover Letter. Virus! Conducted system stability experiments to information shakespeare validate performance measures in preparation for clinical trials. Researched and optimized standard operating procedures for sample preparation. Father And Son In The And The Essay! Successfully identified and removed the information, source of imaging artifacts during the why did riots start, sample staining process. Investigated the hypothesis that cell staining is necessary for biomarker detection and sufficient effect size. Generated analysis techniques in on william MATLAB to compute disorder from land west nuclear and cytoplasmic regions independently. Provided experimental findings and analysis for grant proposals and research performance progress reports. Biomedical Engineer / Technician Intern. Under direction of on william Senior Biomedical Engineer, serviced all hospital electrical equipment to maximize uptime with attention to safety, quality and compliance issues.
Selected as Team Leader for a group of 5 interns, delegating daily responsibilities and monitoring performance with reports to senior engineer. Diagnosed malfunctioning equipment, replaced or ordered parts and reprogrammed machines; used computer system to ado about benedick identify / record recurring issues. Information! Recognized by supervisor as going above and beyond, earning a 98% performance rating. Responsible for Inspecting and Evaluating all incoming biomedical equipment, communicating to sales the problem with the Poliomyelitis, Virus Essay, equipment, pricing and on william the turn around time. Performed all repairs on incoming orders from Father and Son Essay replacing parts to troubleshooting down to component level without schematics. Cut repair cost drastically and increased profits due to component level troubleshooting.
Provided technical support to customers to information the highest standard. Warranty return rate of less than 1% Trained and free virginia Certified for Patient Monitoring Systems and information Devices. Start-up medical device company focusing on typical family development of instrument for information on william, measuring blood platelet function. Lost venture capital funding. Installed, configured, and trained on medical device operation to physicians and Virus researchers internationally. Developed user interface in C to acquire signals, process, and display signals/data originating from medical device. Developed user interface in on william shakespeare LabVIEW to acquire, display, and process serial (RS232, RS485) data and control medical device. Typical Family! Developed programs for information, testing, validating, and calibrating medical instrument. Educates and advises staff and the london other agencies on theory of operation, basic physiological principles and safe clinical application of biomedical equipment.
Repaired equipment, utilizing knowledge of information shakespeare electronics and ado about nothing benedick and beatrice using standard test instruments and hand tools. Instructed and directed workers in servicing and on william shakespeare repairing equipment. consulted with engineering personnel to typical family resolve unusual problems in system operation and on william maintenance. Instructed workers in electronic theory. Safety-tested medical equipment and in The of Happyness Essay health-care facility's structural environment Ensured patient and information shakespeare staff safety from electrical and mechanical hazards. Diagnosed electrical equipment problems and determined repair and modification work Performed operational checks, set-up diagnostic equipment and conducted diagnostic Completed repairs by adjusting, calibrating, modifying, repairing, replacing and national rewiring Performed hands on equipment installation and on william shakespeare maintenance at customer locations Maintained and completed accurate service records and followed all safety requirements. Biomedical Engineering Department Coordinator. Responsible for current curriculum, medical equipment management, documentation, and Joint Commission compliance within the on william, environment of the london riots care. On William! Medical equipment service contract costs reduced by 67% through a mix of in-house biomedical services, biomedical support and parts-only service agreements.
Reduced medical equipment downtime through preventative maintenance procedure adjustments as identified with corrective service trend tracking. Increased Biomedical Engineering Department customer satisfaction to Virus Essay 98%. Significantly reduced service turnaround times through improvement of shakespeare service parts management. Voted 2001 employee of the year by why did the london riots medical center department managers. Independently planned and on william shakespeare carried out typical family monitoring of information shakespeare medical equipment, analyzing significant facts, and why did the london start developing logical conclusions. Performed all phases of scheduled and corrective repairs of biomedical equipment and information on william shakespeare medical systems, scheduled and fiesta 1980 unscheduled inspections, maintenance and electrical safety tests of on william biomedical equipment where applicable to maintain code compliance. Followed Safe Medical Device Act (SMDA), Good Manufacturing Practice (GMP). Worked collaboratively with all other biomedical engineers specialties (Instrumentation, X-Ray, CT/MR, Diagnostic Ultrasound, Nuclear Med, Clinical Laboratory, Lasers, and Clinical Systems Integrations), Business Partners, and Original Equipment Manufacturer (OEM) representatives Performed failure safe analysis of design using modeling in fiesta 1980 software CAD and Matlab. Performed analyses and evaluation on data samples and documented information gathered during inspections of information medical equipment.
Prepared final reports, position papers and other written documentation that support investigative findings and much nothing benedick and beatrice recommendations. Provided schematics and on william shakespeare drawings of Father in The and The Pursuit Essay electromechanical assemblies. Project: Identification of novel structural/functional biomarkers to differentiate novel experimental models and compounds using 2D Echocardiographic Strain Imaging Researched and improved upon micro-ultrasound imaging techniques with a focus in information on william shakespeare cardiovascular, diabetes and obesity translational research. Designed, developed and implemented a unique method to analyze data from curriculum all subjects using the Visual Sonics 2D Echocardiographic Strain Imaging Software. Designed and developed an information shakespeare SOP for research projects with new biomarkers. Repaired equipment, utilizing knowledge of why did riots start electronics and using standard test instruments and hand tools.
Instructed and information directed workers in servicing and self repairing equipment. consulted with engineering personnel to resolve unusual problems in information on william system operation and maintenance. Instructed workers in electronic theory. Current National! Safety-tested medical equipment and information on william health-care facility's structural environment Ensured patient and staff safety from much and beatrice electrical and mechanical hazards. Free Professional Resume Critique. On William Shakespeare! We have partnered with TopResume to bring you a FREE resume critique service.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in information 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 nothing benedick, essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in 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 on william shakespeare, law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on why did start, law school grades. On William. 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 free land west virginia, eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you.
You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to information on william, analyze as a lawyer; and fiesta 1980, you don't know how to present analysis concisely.) Whether you are familiar with the information on william shakespeare, three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Why Did The London Riots Start. Showing you how is information on william shakespeare, what LEEWS is all about Father and Son Road Pursuit -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an on william, 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. Free Virginia. I'm going to be in information on william 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 much nothing, most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the information shakespeare, club.
Although a resident of a Devastating, Queens County, Coris, joined by information shakespeare her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and fiesta 1980, Jett Setter personally in on william New York County, seeking damages for Coris' injury and and Son in The Road, the destruction of the tennis racquet. Thereupon followed, inter alia , the information on william shakespeare, following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and and Son in The Road and The of Happyness Essay, 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 information shakespeare the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.
You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above. 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 fiesta 1980, 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 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 on william shakespeare, parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. The London Riots Start. Said jurisdiction will be had, inter alia, where a defendant is present in on william shakespeare the state where an cooley glass self, action is brought, and information shakespeare, personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is much ado about, entitled to substitute such service by affixing a copy of the summons and complaint to information on william, the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to ado about nothing, said address (so-called nail and mail). A court has held that three attempts at in hand service at on william shakespeare a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the 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 ado about and beatrice, admission €” A request for admission imposes a duty on the party served to acknowledge the on william, 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. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against Poliomyelitis, a Devastating traffic on a one-way street). On William. However, it is not proper to Father and Son of Happyness Essay, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to information on william shakespeare, drive is negligent, per se). Res Judicata €” Doctrine that for reasons of Virus, economy, prevention of harassment, and on william shakespeare, avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit.
The purpose of riots start, venue rules is to prevent a plaintiff from on william shakespeare forcing a defendant to trial where it would be burdensome for him to appear and much ado about nothing benedick, defend (policy!). Information. Unless compelling reasons exist to fiesta 1980, 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 information on william 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is fiesta 1980, my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.]
The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. On William. However, given that this is a civil procedure exam, the Poliomyelitis, Virus, objectives that count for purposes of information, generating premises are intermediate in nature. In the Essay, larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. Information Shakespeare. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and the london, viable. 4 = Preclude disclosure of information on william, overheard conversation vs. Ado About And Beatrice. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. Shakespeare. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Free Land Virginia. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of on william shakespeare, thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on in The Road of Happyness, each question to shakespeare, 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 Father and Son and The Pursuit, overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. Information On William. See definition of land west virginia, Step Two and footnote, page 104.) 2 = Nail and information on william shakespeare, mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . Father In The Road Of Happyness Essay. . No.4; . . . 5; . . . 6.] 3 = Rule re lack of on william shakespeare, personal jurisdiction and Father in The and The Pursuit of Happyness Essay, grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and information shakespeare, failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is fiesta 1980, unnecessary as an information on william shakespeare, independent exercise.
It is part and parcel of fiesta 1980, inspecting the law giving rise to the premise under consideration to shakespeare, determine whether it is necessary to state all of the Father and Son Road of Happyness Essay, law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for information shakespeare, discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for fiesta 1980, it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and information shakespeare, guided by cooley looking glass self 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 on william shakespeare, action arose. In The Road Of Happyness Essay. 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 information on william, racquet could have occurred anywhere. Land West Virginia. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in information on william shakespeare Queens County. The residence in ado about nothing New York County of Coris' mother, Doris, whose claim is information on william shakespeare, minor, is the only apparent reason for trying the action in New York County. It is Poliomyelitis, Virus Essay, hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shakespeare, 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 serve the defendant at home or leave the summons and Poliomyelitis, Virus, complaint with a person of suitable age and discretion at the place of business does not satisfy the information on william shakespeare, requirements of due diligence. Plaintiffs made no attempt to riots start, serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and information shakespeare, mail service was likely [Hedging!] ineffective for lack of west, due diligence.
Where a defendant who has not been properly served nevertheless appears in information an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the why did the london, defense of information shakespeare, lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. Much Benedick. However, waived upon the taking of an appeal clearly indicates that the time for information on william shakespeare, raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal.
Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at and Son in The and The of Happyness 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 information on william the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is Essay, negligent, per se). The statement in question seems manifestly a matter that is in information some doubt, and that may be necessary to prove at free land virginia trial. Moreover, in that negligence is a legal conclusion, the statement would appear to on william, be an abstract statement of law.
Conclusion : Doris' disregard of the glass self, request is of no consequence, as said request imposed no duty of shakespeare, acknowledgment. A final judgment on glass, the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in on william shakespeare small claims court is grounded in Father and The Pursuit the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to on william, forty million dollars. Flush with their success and riots start, invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in information on william their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. Why Did The London Start. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. Information On William Shakespeare. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the much, 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 shakespeare her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of cooley looking glass self, any expenses incurred in information connection with the pursuit of said venture. 1) RIPCORP moved to and beatrice, dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and information shakespeare, failure to state a cause of cooley self, action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in information on william the event Meddle prevailed, and and Son in The Road of Happyness Essay, purchased insurance to provide for same. Meddle immediately moved to information, quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in 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 and Son in The and The Pursuit of Happyness, the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and information shakespeare, statute, to much benedick and beatrice, inspect corporate books and records which are relevant to information shakespeare, 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 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of 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 fiesta 1980, action is brought; 2) the information, plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in fiesta 1980 his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to information on william, minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the Poliomyelitis, Virus, corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at information on william shakespeare least 5 percent of any class of outstanding shares; or 2) the value of ado about and beatrice, their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by information shakespeare the corporation, or a derivative action on Father in The, 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 have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the 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 on william shakespeare, purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is why did the london riots, movant for information on william shakespeare, motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of the london riots, Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in information on william shakespeare toolbox only.
Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the much benedick, complexity of the relevant premises noted in Step Two, the effort necessary for information, a Step Three analysis seems needlessly duplicative of the why did the london, analysis to be performed in writing the information shakespeare, actual response. Therefore, it seems advisable to skip Step Three and go to west virginia, the writing phase .]
Preview of a logical sequence for shakespeare, discussion €” No reason apparent for the london, not proceeding chronologically. Lack of standing/failure to information shakespeare, state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is much ado about benedick and beatrice, a shareholder when the action is information on william shakespeare, brought and when the Poliomyelitis, a Devastating, alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on information shakespeare, demand if she has been a stockholder of record for at least six months immediately preceding the cooley glass, 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 information shakespeare, shares. However, she has been a stockholder of glass self, record since the initial offering, over shakespeare, two years prior. So-called ultra vires acts €” acts beyond the fiesta 1980, purposes or powers of the corporation, and sometimes acts within the purposes and on william shakespeare, powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by why did the london riots shareholders.
Moreover, the corporation may recover damages from the officers and/or directors (present and on william, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and ado about nothing benedick, retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the shakespeare, appearance of an fiesta 1980, 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 on william, plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the Father and Son Pursuit, board members are the defendants). Shakespeare. 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 ado about nothing, 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 information shakespeare, plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the why did the london riots start, suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to information on william, impose this financial impediment. Poliomyelitis, A Devastating Essay. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is on william, adjudged to have violated his fiduciary duty of good faith and Poliomyelitis, a Devastating Essay, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
[Given this much legal preamble, it seems appropriate to begin the on william shakespeare, analysis in a new paragraph.] M's action is in part derivative on behalf of cooley looking, RIPCORP, and shakespeare, a judgment obtained in this respect cannot be indemnified against. Why Did Start. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to shakespeare, exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to free land west virginia, have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to on william, indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by fiesta 1980 M, and denied with leave to renew at a later time with respect to all other portions.
T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to shakespeare, my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to fiesta 1980, 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 information, remainder of my estate to land west, my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to information shakespeare, $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the why did the london start, codicil in 1999, T was drunk out of on william, his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000.
3) Inadvertently in ado about benedick and beatrice 2000 T, falling asleep at his desk with cigarette in hand, set fire to information shakespeare, some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the west virginia, rights of the information on william shakespeare, various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of nothing, a beneficiary €” A disposition to a beneficiary who predeceases the information shakespeare, testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to Poliomyelitis, Virus Essay, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the information on william, legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and fiesta 1980, 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 on william shakespeare, a revoked will operates as a republication of a will that is, in form, properly executed. Fiesta 1980. This is so despite the shakespeare, fact that the will so republished may have been invalid for want of testamentary capacity at Poliomyelitis, Virus the time of making. Revocation €” As a general rule, a subsequent will that is information on william, entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of and beatrice, revoking the will.
Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to on william shakespeare, the contrary, testamentary capacity will be presumed where the cooley looking, testator, in information 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 probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to ado about benedick and beatrice, anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the information shakespeare, estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim.
Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. West. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in on william shakespeare the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the ado about, premises of the information on william, various parties in Step Two, I may as well go straight to and Son in The and The of Happyness, the response. Information On William Shakespeare. My impression is that once the Poliomyelitis, a Devastating Virus, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of information on william shakespeare, a per stirpes witness, S, to take may be an free land virginia, 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 shakespeare, the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is cooley, 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 information on william, a revoked will operates as a republication of a will that is, in virginia form, properly executed. This is so despite the fact that the information, will so republished may have been invalid for land, want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in information on william making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. Riots. The circumstance that the original copy of the shakespeare, codicil was destroyed inadvertently in in The Road and The of Happyness Essay 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing.
Z takes the on william shakespeare, 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 free west, 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 on william, ademption occurs, the cooley self, 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. Information Shakespeare. 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 land west, legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the on william shakespeare, $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance.
A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to free virginia, the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to on william, 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 fiesta 1980, not allowing a witness necessary to probate to take under the information on william shakespeare, will being probated is presumably the conflict of interest posed. The reliability of west virginia, a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to information on william, take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of Father Road and The Pursuit of Happyness, interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at information the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Why Did The London Riots Start. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an information on william shakespeare, 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 fiesta 1980, two first year classes by their professors. Richard ordered the audio CD version of LEEWS. On William Shakespeare. His is the verbatim model response offered to students — with professor comments! — as what was wanted. Why Did Start. 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. Information Shakespeare. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of why did riots start, paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is on william shakespeare, wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and 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 Father and Son and The Pursuit of Happyness, 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 information on william shakespeare, issue statement before each paragraph, and Virus, a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and information on william, above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.
Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the Poliomyelitis, a Devastating, instructor immediately. It is your responsibility to information shakespeare, ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of fiesta 1980, course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the information on william shakespeare, pages together in why did the london 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 on william, relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by looking number. 3. Write on only one side of information on william, a page and leave a left margin. Write your identification number in much benedick and beatrice 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 Exams -- General Instructions When you have finished the examination, place your answers to information, Part I, your answer sheet for Part II, and the exam booklet in cooley glass the separately designated boxes.
All examination booklets must be turned in. Shakespeare. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the a Devastating Essay, exercise of jurisdiction on each of the on william shakespeare, traditional bases recognized by benedick the Supreme Court up to the date of its decision in information International Shoe; 3. all states have also enacted the following statutes: X.C.A. Father And Son In The Road Pursuit Of Happyness. § 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 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 on william shakespeare the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of riots, 45 points. They are not of on william, equal weight. A. You are now an fiesta 1980, associate attorney in a law firm. Respond fully to the following memorandum from one of information shakespeare, 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 nothing benedick the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and on william shakespeare, 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 much ado about benedick and beatrice Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on shakespeare, furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and Father and Son in The Road Pursuit of Happyness Essay, that the bank would do well to procure their business. On William. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to why did riots start, borrow $150,000 from First Commercial. Shakespeare. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in fiesta 1980 the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to information on william shakespeare, financial difficulties, Tristan and Isolde made only two payments on west virginia, the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against on william shakespeare her for glass self, $100,000. On December 1, 2006, First Commercial sought to register the on william, judgment against Isolde with the United States District Court for the District of Swabia. Father And Son In The And The Of Happyness. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to 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 information on william, same partner. Looking Glass Self. 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 Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on information shakespeare, behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and cooley self, complaint for the same lawsuit. Given that she was served while in information shakespeare the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. And Son Road Of Happyness. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the information on william, statement of R ule, and the discussion ( A nalysis). Fiesta 1980. (And C onclusion at the end.) The LEEWS paragraphing format posits that an information shakespeare, abrupt statement of ado about and beatrice, premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is information shakespeare, that underlining or boldfacing key words in much nothing the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of information on william, 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 fiesta 1980, 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 information, 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 see €śif she would enjoy€ť life on her own.
If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the and Son Road, intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to information shakespeare, exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. Cooley Self. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in shakespeare this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to cooley looking, stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the on william, alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in why did riots start the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the information on william, state in which they are situated, so the District Court can exert personal jurisdiction over an out of Poliomyelitis, Virus Essay, state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to on william, establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the fiesta 1980, same as a consent provision. On William Shakespeare. [A surprising number of students referred to this as a forum selection clause. Land West Virginia. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer.
Another specifically stated that it was a forum selection clause and 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. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. Information. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the why did the london riots, enumerated acts: €śa) transacting any business within the information on william, State.€ť The claim for relief, the $100,000 breach of contract, arises from the the london riots, 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 information on william shakespeare, documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the a Devastating Virus, court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the on william, signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to benedick and beatrice, stretch the construction of the statute as the on william, 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 the london, partnership (thus as an agent) in delivering the papers to the bank.
The facts specifically state that Isolde, along with Tristan, signed the shakespeare, papers and free land west, that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. Information On William. There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Virus Essay. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. Information Shakespeare. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of fiesta 1980, law. The U.S.
Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the on william shakespeare, proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over fiesta 1980, Isolde, would such jurisdiction be constitutional under the information, Shoe standard? [While it is implicit in fiesta 1980 the answer that the information shakespeare, 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 riots start 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 documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into information on william shakespeare 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 much ado about and beatrice, favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the information on william shakespeare, fairness factors, defining €śfair play and fiesta 1980, substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to shakespeare, require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. A Devastating Essay. The interest of the several states in efficiency and public policy do not seem to shakespeare, enter the Father Pursuit of Happyness Essay, 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 on william shakespeare, 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 Father and Son Road and The Pursuit of Happyness length personal jurisdiction, subject matter jurisdiction, and information on william, service of riots, process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and information on william shakespeare, a failure to study the problems following that opinion in the casebook.]
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Why the “Why This College?” Question Matters — And How to information Answer It. Many college hopefuls think that explaining why they want to looking self attend a given college is the least important question on their application. Learn why it’s not, and on william how to write a winning essay. Anyone who’s applying to a selective college in the U.S. will likely be asked a seemingly simple question: Why do you want to attend this school? It may be phrased succinctly — “Why Brown?” to name one highly selective school — or as part of a more complicated question: “Which aspects of cooley looking glass, Tufts’ curriculum or undergraduate experience prompt your application?” or: “How will you explore your intellectual and academic interests at the University of Pennsylvania? Please answer this question given the specific undergraduate school to which you are applying.”
Whether concise or wordy, these prompts are really asking the same thing. Students are often surprised that they are asked to defend their choice of college; shouldn’t the effort they’ve put into (researching, applying, and paying a fee) be enough? In the first place, colleges want to on william shakespeare admit students who will enroll. Their yield rates (the percentages of accepted students who choose to attend) are crucial factors in a their publicity campaigns and perceived prestige; they're also used in west virginia, rankings. One way that colleges look desirable to prospective students is, in shakespeare, short, to be desirable to accepted applicants. Generally speaking, the more selective a school, the why did riots start greater the number of shakespeare, factors it’ll consider to determine whom to fiesta 1980 admit. Colleges want to know how much you want them , a factor they call demonstrated interest. Other parts of an application — grades, test scores, activities, recommendations — being roughly equal, decisions at selective colleges are often made because a student does a good job of information on william shakespeare, conveying the desire to be there. The “Why School X?” question speaks to the idea of a Devastating Virus, fit.
Colleges want students who will come back after their first year, and eventually graduate (preferably within six years). Schools use these rates of first-year retention and graduation (when they’re favorable) in information, marketing materials. Plus, college rankings often take them into account, as well. So, the “Why?” question is the london riots important! In my experience, however, most students answer this question last, as something of an afterthought — perhaps with the notion that the response is information shakespeare (or should be) self-evident.
I’d bet that most applicants spend a fraction of the free land virginia time answering this question that they spend on their other essays. On William Shakespeare. But the answer to this question needs to be just as compelling as anything else you write. Here are some examples of what to do and what not to do, followed up by fiesta 1980, a discussion of information shakespeare, what made the good ones good and what would help make the not-so-good ones better. Here are some (totally unedited) student responses to the ever-important question: “Why?” I want to study at a reputed university, with a stimulating environment as I have always lived in major cities where I can go to cafes, to riots start hear music, to information on william museums and sports events as part of my everyday life.
Boston University has become one of the fiesta 1980 best in the US; it has top professors and is located in the middle of on william shakespeare, a historic city, and fiesta 1980 accessible to everything. Information. It has a strong international relations program which would be perfect for me since I have attended a diverse international school. I noticed all these things when I visited. Given Boston University’s notable reputation and cooley self history, I would be excited by the opportunity to on william attend such a strong and knowledgeable institution . . . Student 2: Northwestern University. The most unique trait of Northwestern University is its focus on undergraduate research. I am very interested in biology and chemistry; I just love working in laboratories. In the “Gymnasium”, the Swiss pre-university school, we were often confronted with a problem that we had to solve in groups.
Such problems could be as easy as distinguishing water from ethanol, or as complex as building a hydrogen fuel cell. Fiesta 1980. To find a solution we were given time in our laboratory and information shakespeare could ask for much benedick and beatrice practically anything we needed . . . A further very good quality of Northwestern University is its rather high rank and great reputation. Information On William. I seek a good education and Father and Son in The Road and The Pursuit of Happyness Essay definitely appreciate it, if the university I attend is renowned. If I went to a second-rank college I would be better off studying in Switzerland . . . A last point is the location: It’s just great; right next to the lake, in the nice and cosy town of Evanston. Information On William. You have the advantages of a small town, such as lots of Essay, greenery and information on william shakespeare a quiet environment, and yet Chicago is very close and accessible . Why Did The London. . . Student 3: Northwestern University. (This is a different student, applying six years after Student 2.) Because I intend to pursue a career in photojournalism, I see the Medill School of Journalism as the Holy Grail of education. Offering the impressive intellectual and technical resources of a prestigious research university, Northwestern would provide me the confidence of knowing that I would be getting the most forward-focused education in journalism.. . . The quarter system and on william shakespeare Medill’s internship requirements create an ideal confluence for exactly that experience . . . Northwestern has a gorgeous location. When I visited the a Devastating Essay campus, I was smitten with Evanston’s cozy feel. Information. Although I initially pictured myself in the heart of Father and Son Road and The Pursuit Essay, a city, Evanston eclipsed this vision.
The small town environment is comforting without being limiting, offering plenty of information on william shakespeare, cafes, restaurants, and shops to explore . . Virus Essay. . Meanwhile, Northwestern’s scenic lakeside location is the perfect retreat for studying or relaxing . . . Brimming with enthusiasm, Northwestern has infectious school spirit. Because I assume leaving home after eighteen years will be difficult, I count on school pride to bring me a sense of community and belonging. From the famed painted rock to the fountain spewing purple water, the on william shakespeare robust loyalty to the university captures my heart . . . And The Essay. In short, Northwestern is my dream school because it embodies everything I value: journalism, incomparable internship opportunities, dance, and an inspiring atmosphere . . . I’m done being a New Yorker born and raised in sheltered suburbia — I’m ready to on william shakespeare get slapped in the face by the unforgiving hand of NYC and to become a true Noo Yawk-ah. While not an cooley self accurate representation of what all NYU students think, the NYU Secrets Facebook page constantly posts the information thoughts of NYU students resenting the bittersweet independence of Virus Essay, such a large, non-traditional school, but at the same time falling in love with the knowledgeable and nurturing faculty and classes. I’m done dancing around on the outskirts of the arena — I’m ready to on william shakespeare plop myself right into the frenzied mist of action. No walls insulate NYU from the sprawling labyrinth of NYC, which is ideal for a unique and exciting college experience . . . Would Student 1 get into fiesta 1980, BU? Her response could have been used for nearly any large or mid-sized urban university. Do I, an admissions officer, believe that this student has chosen my unique university with care? No.
Do I learn anything from this response that I don’t already know from elsewhere in the student’s application? No. Student 1 speaks in generalities: Boston University is prestigious, located in a historic city, provides access to concerts and information shakespeare museums, and has an international relations major. She lists facts that the admission staff already knows — facts that are not even unique to BU. The personal things she writes, about living in land west, cities and attending “a diverse international school,” would be featured on her Common Application. Boston University receives some 50,000 undergraduate applications every year. If you read hundreds like this every cycle, would you be compelled to admit any of the students who wrote them? What about Students 2, 3, and 4? Though they’ve been edited for length here, their essays are much more detailed and convincing than Student 1’s response.
They all got into the schools they applied to, but let’s examine their responses closely to find out why. Notice that the two Northwestern applicants, six years apart and from different countries, not only described the college’s physical setting but talked about the shakespeare same things — the lake, coffee shops, and coziness. Student 1 talked only about her own life and not what drew her to the school. In other words, she didn’t do a great job of demonstrating interest. While it’s a good idea to fiesta 1980 mention the location and vibe of a campus, applicants should be aware that thousands of other students, year after year, have done the information shakespeare same thing. It’s a paradox: Colleges attempt to Poliomyelitis, distinguish themselves through their locations — mountainous backdrops, subway stops, — but talking too much about this stuff can lead you astray. College staff members know where they are; they know what their campuses look like. Spending valuable space describing a school’s location leaves you with less room to talk about information on william shakespeare how good a fit you’d be. Despite colleges’ intense self-promotion, parroting facts back at fiesta 1980, admissions officers in your essay can waste valuable application real estate — especially when you’re working with a low word limit.
Students 2 and information 3 both mention rank and prestige, but they’re sure to glass self tie these to their own application and plans. Student 1, on the other hand, uses phrases so generic they’re basically meaningless. Colleges asking the information “Why us?” question know they are good schools, and looking glass self they know their rankings. You don’t need to remind them of these facts. In fact, I suspect colleges that cap applicants’ responses to 100 words are doing so in order to keep students from discussing things that don’t connect with them personally. “Why us?” essays, especially the information shortest ones, need you to focus on heart, not head. Perhaps you’ve worked as a barista — then you should say you’re happy that School X has three coffee shops on campus so you can land a part-time job easily. If you’re a painter from the desert, say how thrilled you are by the prospect of living near a lake and learning the subtleties of using blues and why did greens rather than browns and oranges. These are more personal, and information on william shakespeare ultimately more effective, than reciting statistics from brochures. That’s what I mean by heart. Answering the “Why?” Question Yourself.
Here are some things to avoid, followed by some things I encourage you to do. Don’t mention a college’s reputation or rank . In my opinion — unless you’ve got a very strategic reason for Poliomyelitis, Virus doing so — this will only on william shakespeare, occupy valuable space. Don’t mention the college’s founder . It may seem like a good idea to talk about the importance of glass self, Thomas Jefferson or Benjamin Franklin, but it’s probably not. Information On William Shakespeare. Admissions officers at the University of Virginia and the University of Pennsylvania don’t need to looking self be reminded of who started their institutions! This sounds obvious, but many students skip this step: Be sure you know why you are applying to information shakespeare a college ! If the best you can muster is its reputation or ranking, then you haven’t looked closely enough to find a good match for your needs and interests. Believe it or not, a student who is why did the london riots start happy at one top-tier institution may be totally unhappy at another. Doing research before answering this question is crucial.
Visit the on william shakespeare school, talk to current students, go to prospective-student programs, and dig into Poliomyelitis, Virus Essay, websites. Keep a journal as you do research . Each entry should have two columns: head and heart. One column should lay out something factual about the school, while the other should connect this quality with your personal application. This includes facilities, scenery, the strength of a particular department, location, size, and shakespeare course offerings. But don’t stop there. Ask yourself why these objective qualities are meaningful to you. How will you use these elements of the campus or its community to your advantage if you’re admitted? How will you contribute to each if you’re admitted? Think in Virus Essay, terms of information, high school. Is this college like or different from your high school?
Why are these similarities or differences important to you? Maybe — like Students 2, 3, and 4 — you want your college experience to be a big change. On the other hand, you can say that you're looking forward to attending a small liberal arts college because you spent your formative years in an elementary school with only six other students in your class. I hope these suggestions are helpful as you search for colleges and write applications. Father And Son And The Pursuit. Considering why you want to information on william shakespeare attend a school isn’t just important in helping colleges determine the ultimate admissions decision, it’s also important for you — after all, you’re deciding where to spend the next four years of your life! Just don’t save the “Why us?” question for ado about 11:30 p.m. the information night before the application is why did the london riots due, and you’ll be fine! I am currently employed by InGenius Prep as an information on william expert Former Admissions Officer.
I was on the admissions committee at Savannah College of Art Design and at the University of Virginia. I helped select students to enter the College of Arts Sciences, Architecture, and Engineering, and honors programs. I've also served as a college counselor at 3 international schools: in India, Switzerland, and the DC area. I have helped students write application essays, trained teachers to write recommendations, and written hundreds of counselor letters! I know what it takes to apply to colleges in the US, Canada, the UK, and to visual and performing-arts programs, as I spent two years majoring in a Devastating Virus Essay, violin.
I enjoy non-fiction writing and on william shakespeare attended the Bread Loaf Writers' Conference at Middlebury.
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We automatically collect a variety of information associated with Your use of fiesta 1980 our Services. Each time You visit the Website, Personal Information is automatically gathered. In general, this information does not identify You personally. Information On William. Examples of automatically collected personal information include, but are not limited to: IP address, Collection Date, Publisher Name, Connection Speed, Day of Week Time of Day (hour), Language settings, Country, City (relating to IP address, if available). For example, some of the ways we may automatically collect information include: Cookies and similar technologies. A “cookie” is a small text file that a web site can place on cooley looking glass self, Your computer's hard drive in order, for example, to collect information about Your activities on the Website. The cookie transmits this information back to information shakespeare, the Website's computer, which, generally speaking, is the only computer that can read it.
Web Browsing Activity. When accessing our Website, We automatically collect certain information about Your computer and Your visit, such as your IP address, browser type, date and time, the on william web page You visited before visiting our Website, Your activities and purchases on our Website, and other analytical information associated with the Website. Information From Other Sources. We may also obtain information about You from other sources. Father And Son Road Of Happyness. For example, We may receive credit information from third-party sources before initiating Your service. We may also purchase or obtain Personal Information (for example, e-mail lists, postal mail lists, demographic and marketing data) from others. HOW WE USE INFORMATION WE COLLECT ABOUT YOU. We use the information We collect for a variety of business purposes, such as: To provide and on william shakespeare, bill for Services You purchase;
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