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Essay on Global Financial Crisis- A Tsunami In World’s …
brains beauty essay BEAUTY AND BRAINS. an essay by Eliza Lynn Linton. That lovely woman fulfils only essay world economy crisis, half her mission when she is unpersonable instead of beautiful, all young men, and all pretty girls secure in the consciousness of editing english, their own perfections, will agree. Indeed, it is world global crisis cruel to essays hear the way in which ingenuous youths despise ugly girls, however clever, whose charm lies in their cleverness only, with a counteraction in essay, their plainness. To hear them, one would think that hardness of feature was, like poverty, a crime voluntarily perpetrated, and that contempt was a righteous retribution for the offence. Yet their preference, though so cruelly expressed, is to a certain extent the right thing. When we are young, the beauty of women has a supreme attraction beyond all other possessions or qualities; and there are self-evident reasons why it should be so. It is only as we grow older that we know the value of brains, and, while still admiring beauty#151;as indeed who does not?#151;admire it as one passing by on we do an essay the other side#151;as a grace to look at, but not to hold, unless accompanied by something more lasting. This is in the middle term of a man's life. Old age, perhaps with the essay global unconscious yearning of regret, goes back to the love of youth and block letter, beauty for their own sake; extremes meeting here as in almost all other circumstances.
The danger is global economy crisis when a young man, obeying the natural impulse of his age and state, marries beauty only, with nothing more durable beneath. The mind sees what it brings, and we love the ideal we create rather than the reality that exists. A pretty face, the unworn nerves of youth, the freshness of hope that has not yet been soured by disappointment nor chilled by experience, a neat stroke at global economy crisis croquet and essay world global economy crisis, a merry laugh easily excited, make a girl a goddess to a boy who is what he himself calls in love and his friends 'spoony.' She may be narrow, selfish, spoilt, unfit to bear the burdens of life and editing english, unable to essay global economy meet her trials patiently; she may be utterly unpractical and silly#151;one of those who never mature but only grow old#151;without judgment, forethought, common-sense or courage; but he sees nothing of all this. Letter. To him she is perfect; the 'jolliest girl in the world,' if he be slangy, or the 'dearest,' if he be affectionate; and he neither sees nor heeds her potential faults. Global Economy. It is only when she has stepped down from her pedestal to the level of the home-threshold that he finds out she is but a woman after all, and perhaps an exceptionally weak and peevish one. Then he knows that he would have done better for himself had he married that plain brave-hearted girl who would have had him to a dead certainty if he had asked her, but whom he so unmercifully laughed at when he was making love to we do an essay his fascinating charmer.
As years go on and reduce the Hebe and essay, Hecate of eighteen to much the same kind of woman at forty#151;with perhaps the advantage on Hecate's side if of the sort that ripens well and improves by keeping#151;the man feels that he has been a fool after the manner of Bunyan's Passion; that he has eaten up his present in the past, and had all his good things at case obesity once. If he had but looked at world economy crisis the future and been able to wait! But in those days he wanted beauty that does not last, and cared nothing for brains which do; and so, having made his election he must abide by it, and eat bitter bread from the yeast of his own brewing. Many a man has cursed, his whole life long, the youthful infatuation that made him marry a pretty fool. Take the case of a rising politician whose fair-faced wife is either too stupid to care about his position, or who imperils it by her folly. If amiable and affectionate, and in her own silly little way ambitious, she does him incalculable mischief by study exaggeration, and by saying and essay global crisis, doing exactly the things which are most damaging to him; if stupid, she is just so much deadweight that he has to carry with him while swimming up the stream. She is very lovely certainly, and people crowd her drawing-room to look at her; but a plain-featured, sensible, shrewd woman, with no beauty to elements of formal essay speak of but with tact and essay crisis, cleverness, would have helped him in we do an essay, his career far better than does his brainless Venus.
He finds this out when it is too late to change M. for N. in world global economy, the marriage service. The successful men of small beginnings are greatly liable to this curse of we do an essay, wifely hindrance. A barrister once briefless and now in silk#151;an artist once obscure and world global, now famous#151;who in the days of impecuniosity and Bohemianism married the elements landlady's pretty daughter and towards the world economy meridian of life find themselves in the front ranks of la haute volée with a wife who drops her h's and multiplies her s's, know the full bitterness of the block cover letter bread baked from that hasty brewing. Each woman may have been beautiful in crisis, her youth, and block cover, each man may have loved his own very passionately; but if she have nothing to supplement her beauty#151;if she have no brains to essay world economy fall back on, by which she can be educated up to her husband's present social position as the wife of his successful maturity#151;she is a mistake. Dickens was quite right to kill off pretty childish Dora in 'David Copperfield.' If she had lived she would have been like Flora in 'Bleak House,' who indeed was Dora grown old but not matured; with all the grace and elements essay, beauty of her youth gone, and nothing else to essay world global economy take their place. Men do not care for of anorexia, brains in excess in world, women. They like a sympathetic intellect which can follow and seize their thoughts as quickly as they are uttered; but they do not much care for any clear or specific knowledge of editing english, facts. Essay World Economy Crisis. Even the most philosophic among them would rather not be set right in editing english, a classical quotation, an astronomical calculation, or the exact bearing of a political question by a lovely being in essay world global economy crisis, tarlatane whom he was graciously unbending to instruct. Neither do they want anything very strong-minded. To most men, indeed, the feminine strong-mindedness that can discuss immoral problems without blushing is a quality as unwomanly as a well-developed biceps or a 'shoulder-of-mutton' fist. It is sympathy, not antagonism#151;it is companionship, not rivalry, still less supremacy, that they like in women; and some women with brains as well as learning#151;for the two are not the same thing#151;understand this, and keep their blue stockings well covered by of anorexia their petticoats.
Others, enthusiasts for freedom of thought and intellectual rights, show theirs defiantly; and meet with their reward. Men shrink from them. Even clever men, able to meet them on their own ground, do not feel drawn to them; while all but high-class minds are humiliated by their learning and world global, dwarfed by block their moral courage. And no man likes to feel humiliated or dwarfed in the presence of a woman, and because of her superiority. But the brains most useful to essay economy women, and most befitting their work in of formal, life, are those which show themselves in common-sense, in good judgment, and economy crisis, that kind of patient courage which enables them to bear small crosses and great trials alike with dignity and cover letter, good temper. Mere intellectual culture, however valuable it may be in itself, does not equal the worth of this kind of crisis, moral power; for as the true domain of woman is the home, and her way of essays, ordering her domestic life the best test of her faculties, mere intellectual culture does not help in this; and, in fact, is world economy crisis often a hindrance rather than a help. What good is there in one's wife being an accomplished mathematician, a sound scholar, a first-rate musician, a deeply-read theologian, if she cannot keep the accounts square, knows nothing of the management of children, lets herself be cheated by cover letter the servants and the tradespeople, has not her eyes opened to dirt and disorder, and gives way to a fretful temper on the smallest provocation? The pretty fool who spends half her time in trying on new dresses and studying the effect of colours, and who knows nothing beyond the last new novel and the latest plate of fashions, is not a more disastrous wife than the woman of profound learning whose education has taught her nothing practical.
They stand at essay world economy crisis the opposite ends of the same scale, and neither end gives the true position of women. Indeed, if one must have a fool in one's house, the case study obesity pretty one would be the best, as, at the least, pleasant to look at; which is something gained. The intellectual fool, with her head always in books and 'questions,' and her children dropping off like sheep for the want of global, womanly care, is something more than flesh and blood can tolerate. The pretty fool cannot help herself. If nature proved herself but a stepmother to her, and left out the best part of her wits while taking such especial care of her face, it is no fault of hers; but the intellectual fool is world economy crisis a case of maladministration of global, powers, for which she alone is world global crisis responsible; and in this particular alternative between beauty and brains, without a shadow of doubt we would go in for beauty. Ball-rooms and dinner-tables are the two places where certain women most shine. In the ball-room Hebe is the queen, and has it all her own way without fear of rivals. A very few men who care for dancing for its own sake will certainly dance with Hecate if she is light on essay world global crisis hand, keeps accurate time, and manages her feet with scientific precision; but to the ruck of youths, Hebe, who jerks herself into step every second round, but whose lovely face and perfect figure make up for everything, is the of anorexia partner they all besiege. Only to those exceptional few who regard dancing as a serious art would she be a bore with her three jumps and a hop; while Hecate, waltzing like an angel, would be divine, in spite of her high cheek-bones and light green eyes à fleur de tête. But at a dinner-table, where a man likes to talk between the dishes, a sympathetic listener with pleasant manners, to essay world economy crisis whom he can air his stalest stories and recount his personal experiences, is essays preferable to the prettiest girl if a simpleton, only essay global, able to show her small white teeth in study on childhood obesity, a silly smile, and say 'yes' and 'indeed' in the wrong places.
The ball-room may be taken to represent youth; the dinner-table maturity. The one is the global economy apotheosis of mere beauty, in clouds of millinery glory and a heaven of flirting; the other is solid enjoyment, with brains to talk to by the side and beauty to look at opposite, in just the disposition that makes life perfect. A well-ordered dinner-table is a social microcosm; and, being so, this is the blue riband of the arrangement. Elements Of Formal Essay. Every woman is bound to make the best of herself. The strong-minded women who hold themselves superior to the obligations of dress and manner and all the pleasant little artificial graces belonging to an artificial civilization, and who think any sacrifice made to appearance just so much waste of power, are awful creatures, ignorant of the essay global crisis real meaning of of anorexia, their sex#151;social Graiæ wanting in every charm of womanhood, and to be diligently shunned by the wary.
This making the best of themselves is a very different thing from making dress and personal vanity the world first considerations in life. Where women in general fail is in the exaggerations into which they fall on this and on almost every other question. They are apt to be either demireps or devotees; frights or flirts; fashionable to an extent that lands them in illimitable folly and drags their husbands' names through the elements of formal mire, or they are so dowdy that they disgrace a well-ordered drawing-room, and essay crisis, among nicely-dressed women stand out as living sermons on slovenliness. If they are clever, they are too commonly blue-stockings, and let the whole household go by the board for the sake of their fruitless studies; and if they are domestic and good managers they sink into mere servants, never opening a book save their daily ledger, and letter, having no thought beyond the cheesemonger's bill and the butcher's prices. They want that fine balance, that accurate self-measurement and knowledge of results, which goes by the name of common-sense and is the best manifestation of brains they can give, and the thing which men most prize. It is the most valuable working form of intellectual power, and has most endurance and vitality; and it is the essay economy crisis form which helps a man on in life, when he has found it in his wife, quite as much as money or a good connexion. So that, on the whole, brains are before beauty in the solid things of life. For admiration and personal love and youthful enjoyment, beauty of course is essay world global supreme; but as we cannot be always young nor always apt for pleasure, it is as well to provide for the days when the daughters of music shall be brought low and essay world, the years draw nigh which have no pleasure in them. Beauty and we do an essay, Brains is essay world reprinted from The Girl of the world global economy crisis Period and Other Social Essays . Eliza Lynn Linton.
London: Richard Bentley Son, 1883.
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Causes And Effects Of Global Financial Crisis Economics …
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 world global economy crisis issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way.
— Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in essay world global economy practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in essay economy nature. (You are basically asked to identify and analyze so-called issues generated in editing english 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 essay world economy 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 editing english reassure students. However, open book is misleading, as there is typically little time to refer to world economy aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type.
Grading is we do an essay, invariably anonymous to world economy 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 essay economy crisis, law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Essay. 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 essay world economy, provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at world global crisis 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 elements of formal analyze as a lawyer; and essay world economy you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by we do an essay, question(s)/instruction(s) that in essay world global crisis 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 case study on childhood, why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in world global economy crisis 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. Block Letter. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. World Crisis. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world.
At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by of anorexia, her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and essay global economy crisis Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of we do an essay, venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and economy complaint was affixed to of formal essay the door of his home. World Economy Crisis. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the editing english, complaint affixed to his door separated from the summons and blew away, and world crisis the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and obesity otherwise defended against world crisis, the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the we do an essay, 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 global crisis appellate judges assigned to this case. Prepare a memorandum of essay global crisis, law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the essay global economy crisis, action is editing english, discoverable, whether or not the material would be admissible as proof.
Communications between spouses €” A confidential communication between husband and world crisis 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 parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is we do an essay, present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at world the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and block letter complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of world, 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 admission €” A request for admission imposes a duty on the party served to we do an essay acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond.
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 traffic on a one-way street). However, it is crisis, not proper to request an study on childhood obesity, admission to an abstract statement of essay world economy, law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of we do an essay, a lawsuit.
The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Essay Economy Crisis. Unless compelling reasons exist to we do an essay direct otherwise, a transitory action (meaning that the transaction which is the essay economy, subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Cover. Perform Steps One, Two, and world global economy Three (The Blender) on each is global economy crisis, my initial perspective on how to economy crisis proceed. World Crisis. [Always the essay global, 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 editing english, the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. Essay World Global Economy Crisis. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground.
More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.
[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of world global economy crisis, thought and be time wasting to continue applying the world global crisis, Steps to all six, from this point on I shall work on each question to completion before going on block cover letter, to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for global crisis, relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the essay world global economy crisis, determination, no matter which party's perspective/objective is considered. See definition of world economy, Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . Essay World Global. . . No.4; . Global. . . 5; . . . 6.] 3 = Rule re lack of editing english, personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.
5 = Requests for essay economy crisis, admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to we do an essay note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. Essay World. It is part and parcel of inspecting the of formal, law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the essay economy crisis, first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. Crisis. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.
However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to global direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and case study obesity Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is essay world global economy, minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to block cover relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the global crisis, 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 complaint with a person of we do an essay, suitable age and discretion at the place of global crisis, business does not satisfy the requirements of due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and global economy crisis interposes affirmative defenses, but never moves to dismiss for lack of world, personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the case study on childhood obesity, complaint, defended in the action, and at no time prior to appeal claimed lack of global crisis, personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the block cover letter, time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is world economy crisis, 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). Essays Of Anorexia. [Law.] Coris' statement that she had smashed the racquet was relevant for essay global economy crisis, 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 editing english a phone that was apparently near other phones would not seem confidential.
Moreover, given that Coris had not yet determined to economy sue, her statement in study on childhood obesity 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 economy, facts that are not in essay global crisis doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an world economy, admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of block cover letter, action in a subsequent suit.
Doris' action in small claims court is grounded in global economy the same facts (destroyed tennis racquet) and case on childhood obesity sets forth the same cause of action as the one dismissed in the primary action herein. Global Economy. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in editing english 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 world went public. Editing English. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the world global crisis, chief executive positions in the corporation, as well as a majority of seats on essays of anorexia, the board of directors.
They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of essay, Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the cover letter, RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in essay world 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 world global crisis, ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of essay world crisis, said venture. 1) RIPCORP moved to dismiss the cover letter, action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in essay global economy crisis the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. Essay Crisis. 3) Meanwhile, the RIPCORP board passed a resolution providing for world crisis, indemnification of the elements, directors in the event Meddle prevailed, and economy crisis purchased insurance to provide for same. Editing English. Meddle immediately moved to quash these actions.
How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and essay 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 editing english, right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the essay crisis, state to elements of formal enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and world global economy records which are relevant to a proper purpose. Essays Of Anorexia. 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 world global crisis, 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 study favor of the corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to global economy the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of editing english, derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the essay world global, plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on essay, behalf of the corporation, or for amounts paid in settlement thereof. World Global Economy. The director may, however, be indemnified against expenses of case study on childhood, defending the essay economy crisis, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. We Do An Essay. The corporation may purchase insurance to indemnify officers and essay world global economy directors for even the elements essay, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the essay world economy, 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 we do an essay, skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in essay economy crisis conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. Of Anorexia. 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 crisis, objectives relevant to editing english 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 essay, motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to essay global crisis be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for world economy crisis, motions 1 and 2, Meddle for 3. The motions themselves, especially the we do an essay, first, point to overriding premises.
In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in world global crisis the preceding sentence . The facts in essay world economy crisis the first two paragraphs need only essay economy crisis, 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 essays relevant portions of corporations toolbox.] The law [Noted in essay global economy toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against essay global economy, corporation post bond. 3) The law respecting indemnification and/or insurance of directors in essay such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for case, a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for essay world global, not proceeding chronologically.
Lack of elements essay, standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the 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 demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. Essay World. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of editing english, shares. However, she has been a stockholder of record since the economy crisis, initial offering, over two years prior. So-called ultra vires acts €” acts beyond the we do an essay, purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by world economy, shareholders.
Moreover, the we do an essay, corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on essay world global crisis, the board. Another requirement for maintaining a derivative action is case study, that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the world global economy, board members are the defendants). The Bottomline brothers are named in M's suit and world global crisis hold a majority of world economy, seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of essay world, derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at global economy least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. We Do An Essay. M's 100 shares constituted but 1/10th of one percent of the essay world global, initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of study on childhood obesity, 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 impose this financial impediment. Essay World. [Note the use of the essays, 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 essay world global crisis, defending the elements of formal, action, unless, inter alia, he is adjudged to essay world global economy 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 block, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in essay world global economy crisis a new paragraph.] M's action is in essay economy part derivative on behalf of essay global, RIPCORP, and a judgment obtained in this respect cannot be indemnified against.
The facts are unclear about block whether the resolution indemnifies against expenses of world global, defending against we do an essay, the action. Assuming, arguendo , that it does, the world global, inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by we do an essay, the directors of their duty to exercise reasonable care, if not a violation of essay world economy, their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in editing english a pattern of divers schemes wholly unrelated to essay global its stated purpose, it is editing english, 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 global economy crisis, the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against editing english, judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to essay world crisis my brother, Y. Third: I give, devise, and bequeath the block, rest, residue, and remainder of my estate to economy crisis 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 study on childhood obesity bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the essay economy crisis, legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for on childhood obesity, $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000.
5) S, the son of Y, was one of several witnesses to T's execution of the essay world global crisis, 1994 will. Discuss the rights of the of anorexia, various parties in terms of who takes what from essay global, T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is world crisis, 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 economy, legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of of formal, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of world crisis, a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of essays of anorexia, making.
Revocation €” As a general rule, a subsequent will that is essay world global economy crisis, 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 economy crisis, revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from world, all other articles of the same or similar nature. It must be taken by the legatee as and editing english where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of 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 anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and essay world economy crisis A vs. Editing English. anyone or thing (including each other, T, the essay world, state, or the 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 of formal controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to essay world sort them out at this point. Better to focus on case study, one conflict at a time in the writing phase. Global Economy. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the essays, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an world economy, interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense.
B and Z's rights [This label conforms to the instruction. B v. Z might confuse. Of Anorexia. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and essay world economy crisis Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for elements essay, want of testamentary capacity at the time of essay world global economy crisis, making. Case Study On Childhood. 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 essay global crisis, his bounty will establish his testamentary capacity in making the codicil.
Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for of formal, the purpose of revoking the will. The circumstance that the essay world global economy, original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the case study on childhood, 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the essay, 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 case study, testator ordinarily lapses.
By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is 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 essay global crisis 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 world, several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate.
NB: Arguably S should be permitted to take under the world crisis, 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is editing english, presumably the conflict of essay world global crisis, interest posed. The reliability of case study, a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the world global, 1994 will. We Do An Essay. 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. Essay World Global Crisis. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . We Do An Essay. S's having witnessed the will under which he takes should not disqualify him, providing two others of the essay world crisis, several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to editing english us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the essay world global economy crisis, audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the essay, highest grade, one of only two A+ grades. Economy Crisis. His accompanying remarks are reprinted in the Results section.
Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Case Study Obesity. . 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 paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to global proceed and present. Study Obesity. For example, a LEEWS grad will immediately skip over the confusing fact pattern to economy the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and editing english conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]
Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to economy crisis 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 of formal, written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the essay world global economy crisis, instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. Essays Of Anorexia. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling.
2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by essay world global economy crisis, number. 3. Write on only one side of case study, a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for crisis, Part II to case study obesity anything. Submission of world global, Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and essay global the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at world the top of the elements of formal essay, 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 essay global economy crisis, 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 exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to 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 case on childhood 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 world global economy this State; (d) owning, using or possessing any property situated in this State; (e) contracting to world crisis insure any person, property, or risk located within this State at the time of essay world global economy, contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and editing english 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 essay global Part I are worth a total of 45 points. They are not of equal weight.
A. You are now an associate attorney in a law firm. Respond fully to cover letter the following memorandum from one of your employers. Essay. €śI Quit€ť is we do an essay, 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 essay world economy crisis a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Case Study On Childhood. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the essay world, bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at study 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 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 essay global economy validity would be governed by the law of editing english, Prussia and essay global economy crisis that it was to be repaid in two years.
Due to financial difficulties, Tristan and Isolde made only case study, two payments on the loan. Essay Global Crisis. 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. Cover. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against essay world crisis, Isolde with the letter, United States District Court for the District of Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in 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 essay global economy Isolde by one of editing english, her customers there. [Question/instruction] We represent Isolde. Global. 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 same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Of Anorexia. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in global crisis 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 block Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in world global economy crisis the state, it now seems to elements of formal essay 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 essay world economy crisis, 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 elements of formal essay Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of essay world global economy, issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the obesity, professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and 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 world global crisis, citizenship of the parties.
First Commercial is a citizen of we do an essay, Prussia. Isolde has been living in global Swabia for one month. [The facts do not give sufficient information to editing english know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the essay economy, time at which jurisdiction must either exist or not. World Global Economy Crisis. 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 essay global economy crisis, more than one month, but not the elements of formal essay, 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 global economy crisis be a domiciliary of essay world global, Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. Essay World Global Economy Crisis. However, if Isolde is found to we do an essay have relocated to Swabia with the intent of staying for economy, the indefinite future, then the study on childhood obesity, parties are diverse.
The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against world economy crisis, Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of global economy, contract is a state common-law claim. Essay World Global. Therefore nothing in the plaintiff€™s complaint arises under the case obesity, Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on essay economy, collateral attack.
However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to editing english stay indefinitely, so the essay world crisis, District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in of anorexia 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 essay world crisis the first action. Most of you could have improved your answers by block, making better use of the facts to world economy support your analysis.
The reason Isolde can raise personal jurisdiction on of anorexia, collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to world global economy discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of we do an 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 establish diversity of essay global, 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 block possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in essay global crisis part of the answer and a choice of law provision in block letter 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 essay global economy 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 essay, fact, thus reflecting a failure to study the Burger King opinion and to world global crisis pay attention to economy our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of essay global economy crisis, 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 on childhood Prussia. World Global. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the 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 editing english, out of state act, the signing of the contract, which causes an in state result, the execution of the world economy, contract. [It is probably not necessary to stretch the construction of the statute as the court did in of anorexia Gray to hold that it confers jurisdiction, given the facts of this problem.
The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an economy, agent) in delivering the papers to the bank. Block. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is world economy, simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law.
The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in cover 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. Global. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in editing english the answer that the constitutional hurdle becomes important only if the court first accepts the essay crisis, argument that the cover, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. World Economy Crisis. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. We Do An Essay. 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 crisis, contract would be executed there, and block letter she could reasonably anticipate being haled into 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 favor First Commercial. Essay Global. In the obesity, alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision?
In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to world global crisis a nearby state where she lived most of essays, her life and where she sometimes appears to world economy 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 economy, interest in adjudicating its own laws. The interest of the several states in efficiency and global crisis public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for essays of anorexia, Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.
[Many of you neglected altogether most of the essay world global economy, issues about validity of the Prussia judgment treated in we do an essay the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of economy, 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 a failure to study the problems following that opinion in the casebook.]
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Global Economic Crisis Essay
Agree or Disagree: The downfall of world economy crisis, Oedipus is the work of the gods; the downfall of Othello is self-inflicted. The plays Othello by editing english, William Shakespeare and Oedipus King by Sophocles are both written over two thousand years ago with a great number of world economy crisis, similarities and dissimilarities. Case On Childhood! Both are very remarkable plays but are thick with unfortunate agonies to the main characters at world crisis, the end. This cannot be immediately decided that their downfall was either self inflicted or work of essays of anorexia, Gods because there can be much more to it. To reach up to any final conclusions about the grounds of their downfall, it is important to highlight the economy, backdrop of both plays which is discussed below. First of block cover letter, all, the plot of both the plays is based up on inconceivable tragedy. Tragedy can be defined as “A piece of literary work or drama in which the main character endures extreme sorrow or is brought to devastation, especially as a result of a tragic flaw, moral flaw, or failure to cope with hostile state of affair. Likewise, the world global, main characters of both the plays; Othello in Othello and Oedipus in Oedipus King are brought to devastation and they suffer extreme distress because of their incapacity to get by of anorexia, the harsh circumstances. World Crisis! However, the tragedies both underwent were different, but there were still some similarities.
But yet with these tragic flaws, they would probably both still had fallen to the same fate, based on what was prophesied for Oedipus and case study on childhood his ignoring of it, and the ignorance by Othello on what was devised by Othello#8217;s contender that he was determined to accomplish some way. The occurrence of tragedy was a cause of characters possessing other characters’ traits. Oedipus and Othello are both very notable personalities because of their dignity and distinction, Othello by an eminent career and Oedipus by birth and deed. Oedipus is the global, offspring of the king and queen of Thebes, Laius and essay his wife Jocasta. Essay World Global Economy Crisis! Because of a prophecy made by essays of anorexia, an oracle at Oedipus’ birth that he will murder his father, King Laius; he was left alone to die in the mountains with his feet pierced and tied where Cithaeron is. He was then rescued by a shepherd from there and was adopted and raised by King of Corinth, “Polybus” (834-35).
Since he was brought up in a noble family of King Polybus, he had a noble attitude and was also noble in deed. When Oedipus arrived to Thebes as a young man, there was a sphinx that was terrorizing the citizens by asking a riddle from every passerby and no one could answer. Oedipus answered the riddle of the sphinx and city got rid of that monster. In gratitude, he was made king of Thebes and he unknowingly marries his own mother, Queen Jocasta. On the other hand, Othello is noble just by deed. He is a Moor and barbarian and serves as General in the Venetian army. Essay World Economy! He is an outsider, a black man, still Venetian people accepts him because of his distinguished career in essay world global, Venetian army.
He is famous but still he doesn’t belong to a noble family so for defending his lack of noble inheritance he asserts: “I fetch my life and being from men of royal siege” (1.2.20-21). His rank and essay world crisis career makes him noble, not his heritage. He is also well praised by elements, his contemporaries as “brave Othello” (2.1.37) and they also assert that Othello “commands like a full soldier” (2.1.35-36). Just as required in a true tragic hero, Othello and Oedipus have that nobility in them as this nobility is the only shield that covers and conceals the weaknesses lying within each person. Both the characters of Oedipus and global Othello are tragic characters. Oedipus finishes off slaying his father and marrying and having kids with his own biological mother, whereas, Othello ends up slaying his wife due to mistrust.
Both of these characters have similarities and differences in many aspects, like the vengeance they filled in themselves against essay economy crisis, their wives, directly or indirectly and their horrors. Oedipus is a man who cannot avoid his fate, no matter which way he leads, he would end up in world global economy crisis, trouble nonetheless (Rosenfield 2010) In contrast, Othello is a well formed character and is realistic. He is a man who, over flown with jealousy and suspicion, learns that his wife may be engaged in cover letter, adultery. Everyone who has been in love encounters such feeling once in a while and that feeling is world economy, sometimes fed by the most trusted person just like in Othello’s case and it turns out to be shocking for that person. As Iago, the most trusted person of Othello persistently feeds Othello’s suspicion, his hatred and mistrust breeds for his wife till he ultimately slays her. Othello and Oedipus both trouble their wives and we do an essay themselves. When Oedipus gets to know the essay global, truth about himself and about his exceedingly dissolute acts of marrying his mother and killing his father, his mother cum wife Jocasta hangs her in we do an essay, embarrassment. Her death is essay world global economy, hence an indirect consequence of block cover letter, Oedipus’ misconduct.
As a result, he blinds himself because he no more wants to see the world and economy so he inflicts self punishment on essay world crisis himself. On the other hand, Othello erroneously accuses his wife Desdemona of adultery with Cassio and essay global economy therefore strangles her to death. Later on, when he finds out about the truth and realizes that his allegations were untrue and improperly based, he is filled with grief and guilt and so he stabs himself to death. Consequently, Oedipus ends up doing moral obliteration of his own self while Othello obliterates himself by killing his own self (Lan 1999). Although, both plays have shown it differently, but both the heroes Othello and Oedipus are suffering from the misdeed of pride. Oedipus believes himself to be greater than the gods and this action of him exposes his pride. He believes he has the capacity and ability to block letter, establish own destiny other than the world global crisis, control of obesity, gods or any of their help (Rosenfield 2010).
At the starting of the tale the priest begs Oedipus to global economy crisis, aid people in the times of trouble and famine then says: “It was God / that aided you, men say, and you are held / With God’s assistance to have saved our lives” (43-45). By that, the priest referred to the answer of Oedipus regarding the riddle of sphinx which set free the people of Thebes from the dominance of Sphinx. Though, afterwards the pride of Oedipus is revealed when referring to the same event he says: #8220;But I came, / Oedipus, who knew nothing, and I stopped her. / I solved the riddle by my wit alone#8221;(433-35). Othello also suffers from the transgression of pride. However, his pride has grown from his social insecurity regarding his race and appearance. Othello freely admits that he speaks rudely (1.3.81). And at editing english, last, the insecurity of Othello regarding his appearance and social differences escorts him to jealousy over the love of economy, Desdemona and this jealousy further reveals his true fear and pride. Othello fears that other people will ridicule him for his wife’s unfaithfulness and his pride motivates him for vengeance. So, pride drives both Othello and Oedipus towards their destruction (Chunlei 2006). While there’s a difference in details but both of them suffer enormous shame and editing english loss.
Oedipus’ pride and temperament turn into shame on realizing his truth about his father and wife. He thereafter loses his mother and wife at the same time, hanging to death (1294) and then he loses his sight and after all, he loses his Kingdom as Teiresias prophecy turns out to essay global, be true i.e. “blindness for sight / and beggary for riches his exchange”. Othello’s pride and mistrust also takes form of shame as he finds out about the truth. Doing this terrible deed, Othello also loses his true love and he realises and admits that #8220;threw a pearl away / Richer than all his tribe#8221;(5.2.343-44). Of Anorexia! He also ends up losing his honour and is replaced by Cassio as governor and labelled a murderer and at the very end he loses his life by killing himself (Toker Karakuzu 2011). Essay World! After carefully observing all the incidents happened in Othello and Oedipus’ lives and their responses to we do an essay, those incidents, it is easy to decide whether the down fall was self inflicted or work of gods. The case of Othello is a perfect example of self inflicted downfall. The reason being, he had a lot of pride and trusted what Iago said about his wife and mistrusted her. On the global, other hand, the downfall of Oedipus is both self-inflicted and work of Gods.
Though there was a prophecy about him and of anorexia it came true as well but he had an attitude and temperament that also led him to his fate. The first mistake in essay world global crisis, moving towards self inflicted downfall was the murder of King Laius and his men at road crossing, without any motive. Destiny may have taken him there but it was his own fury that made him kill the King. The second big mistake was his ignorance coupled with his stubborn nature which did not let him foresee things otherwise he could have led to some self control. After that his confidence makes him believe that evidence provided by Teriesas is false and puts the blame on him in return. (Xiao-Bing 2011) All of these facts made him move towards his fate on his own therefore he was also responsible for his downfall whereas, Othello’s downfall was totally self inflicted. Essays Of Anorexia! William, S. (1979). Othello.
Sophocles. Essay! Oedipus the King. Essays! Chunlei, L. Essay Global! X. L. (2006). On the Racial Tragedy of cover letter, Shakespeare#8217;s Othello [J]. Journal of Nanping Teachers College , 1 , 028. Lan, W. (1999).
A Most Unfortunate Marriage- A Brief Analysis of Othello. Journal of Pla University of Foreign Languages , 3 , 002. Toker, A., Karakuzu, M. (2011). Essay Global! Shakespeare‘s Othello: A Representation of the elements of formal essay, Clash between the Orient and the Occiden. Xiao-bing, X. I. A. (2011). The Dual Tragedy of Fate and essay global economy Humanity——The Oedipus in the Perspective of Tragedy Aesthetics. Journal of Langfang Teachers College (Social Sciences Edition) , 2 , 010.
Rosenfield, K. H. (2010). Essay World Global Economy Crisis! Oedipus-detective and psychoanalyst?. ANTARES (Letras e Humanidades) , (1), 21-41.
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Free Information Technology essays. The world today completely works on digital signals though the real world is analog, and computer networks provide the backbone for essay world global communication. Networking has become a necessity for editing english communication includes various networking devices and many protocols. A pre requisite knowledge of networking is not only important but increases the demand of world global, professionals in the corporate IT sector. Essay. In this project I have worked on world global economy crisis, FRAME RELAY technology. Block Letter. I have taken 3 branches of AMITY with different network topologies and have established a connection between the world global various branches using frame relay technology. Table of Contents.
S. No. Title Page No. ? Types Of Network 1. 2. OSI Reference Model 3. 3. IP Addressing. ? Types Of IP Addresses. 4. Network Devices Topologies. ? Cabling Devices 9. ? Dynamic Routing 15.
7. Frame Relay 26. 8. Conclusion 27. A network is basically a connection between various electronic devices such as servers and many computers and their components that permits ease of flow of data and use of various resources between one another. Computer network is a means sending or sharing of data various other resources between many computers with the essays of anorexia help of a channel or medium. World Global Economy. This medium of communication can be either wired like, using optical fibers or it can be wireless like using radio waves. Fig. 1. Networking systems.
Applications of Networking- Hardware Software sharing between devices. To store share data remotely. Centralized administration supporting. Significance of sharing-
The greatest advantage of network is its ability to send or share data quickly and essays of anorexia cheaply. This has made it popular all over the world. By making the data or information available for sharing with the various users connected in a network, networks tend cut down the need of global economy, communication through paper, increased efficiency, and data available to each and of anorexia every user who needs it. Types of Networks- This netw0rk that is essay world global, c0nfined t0 a small area, like a single building, or a group of building which are part of the we do an essay same organization like, within a sch0ol etc. This network is used to connect computers with cities, metropolis etc. Such type of connections make use of coaxial cables, fiber optic cables etc.
This network is manly used to world economy connect large geographic areas such as different cities, countries or even continents. WAN can either be terrestrial or satellite based. In terrestrial, optical fibres and cables are used, while in of formal, satellite based GSL PSL are used. Section 2. OSI Reference Model. 0SI is a non-physical model. It is essay economy, essentially an arrangement of controls that different application and world crisis programming engineers require when they are making or creating applications and virtual products that keep running over various systems. The 0SI model additionally gives a system to making and essay world global economy acknowledging distinctive conventions. The 0SI is case study on childhood obesity, comprehensively partitioned into 2 groups incorporates 7 unique layers. The capacity of the initial 3 layers is to characterize the working and working of the application at and between the essay global economy end stations furthermore with the client. The last 4 layers characterize how information transmission happens from of anorexia, one point to the next.
The 0SI model has the accompanying 7 stage layers- Fig-2: 0SI Reference Model. “Application Layer-The application layer is the top most layer i.e. the seventh layer of the OSI model that recognizes the spot where the client speaks with the PC, thusly the application layer is the nearest layer to world global economy crisis the client. The capacity of the layer is to give different system administrations to the applications utilized by the client. The distinctive sort of use layer conventions are- • SNMP-Simple Network Management Protocol – this convention shares the block cover status of different gadgets associated in a system and additionally to control them. • Domain Naming System–This convention is utilized to change over essay world the site name into IP address that can be comprehended by PC. • Dynamic Host Configuration Protocol — this convention is utilized to block letter dole out IP and DNS. naturally to PCs. • Telnet-the telnet convention is utilized to build up an association with remote gadgets and controls them. • Hypertext Transfer Protocol — Protocol required to scans site pages.
• File Transfer Protocol — this convention empowers us to essay world global economy crisis send information or records of any sort. • Simple Mail Transfer Protocol — convention to sends messages. • Post Office Protocol-v.3 — convention to study obesity recover messages. • Network Time Protocol — convention used to synchronize arranged gadget’s tickers.” Presentation Layer-The presentation layer demonstrates the data to the application layer and is accountable for data understanding and code masterminding. It fundamentally gives coding and change limits.
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UDP (User Datagram Protocol) UDP is connectionless convention along these lines is less dependable than TCP.” “Framework Layer-The Network layer directs contraption tending to, tracks the territory of world global economy crisis, devices on we do an essay, the framework, and chooses the best way to deal with move data, which suggests that the Network layer most transport action between devices that are not secretly joined. Essay Economy. Switches are demonstrated at the Network layer and we do an essay give the guiding organizations inside an world global, internetwork.” Where the we do an essay vehicle layer utilizes fragments to economy crisis exchange data between machines, the Internet layer uses datagram’s. Datagram is simply one more word for parcel. IP locations are broken into two segments: System segment Defines on we do an essay, what section, in essay economy crisis, the system, a gadget is case, found. Host segment characterizes the particular gadget on a specific system section.
Two sorts of bundles are utilized at global the Network layer: information and editing english course upgrades.” They are utilized to transport client information through the world global economy crisis internetwork. World Global Economy. Conventions used to world global economy bolster information activity are called steered conventions; case of of anorexia, directed conventions are IP and IPv6. Course UPDATE PACKETS. These are used to essay crisis update neighboring switches about the frameworks connected with all switches inside the internetwork. Traditions that send course update bundles are called guiding traditions; instance of some essential ones are RIP, RIPv2, EIGRP, and OSPF. Course update packages are used to fabricate and keep up coordinating tables on we do an essay, each switch”. Data Link Layer-The Data Link Layer gives the economy crisis physical transmission of the data and we do an essay handles botch cautioning, framework topology, and stream control.
This infers this layer will promise messages are passed on to the right contraption on a LAN using gear addresses and will decipher messages from the Network Layer into essay global economy crisis, bits for the Physical Layer to letter transmit. The Data Link Layer sorts out the message into pieces, each called data packaging, and incorporates an adjusted header containing the gear destination and source addresses. Switches and interfaces both work on this layer. Physical Layer – The Physical Layer does things-It sends bits and gets bits. It talks about essay world global, particularly with the diverse sorts of genuine correspondence. The Physical Layer decides the electrical, mechanical, procedural, and helpful requirements for sanctioning, keeping up, and deactivating a physical association between end structures.
This is also the layer where the interface between DTE (Data Terminal Equipment) and DCE (Data Communication Equipment) is recognized. Part 2. 0SI Reference Model. 0SI is essays, a non-physical model. It is fundamentally an arrangement of economy, controls that different application and programming engineers require when they are making or creating applications and virtual products that keep running over various systems. The 0SI model likewise gives a system to making and acknowledging diverse conventions. The 0SI is comprehensively isolated into editing english, 2 groups incorporates 7 unique layers. The capacity of the initial 3 layers is to world global economy crisis characterize the working and working of the application at and between the end stations furthermore with the client. Block. The last 4 layers characterize how information transmission happens from one point to essay world crisis the next. The 0SI model has the accompanying 7 stage layers-
0SI Reference Model. “Application Layer-The application layer is the top most layer i.e. the seventh layer of the 0SI model that distinguishes the spot where the client speaks with the PC, along these lines the application layer is the nearest layer to the client. Study On Childhood. The capacity of the layer is to give different system administrations to the applications utilized by the client. The distinctive kind of utilization layer conventions are- • SNMP-Simple Network Management Protocol – this convention shares the essay world economy status of different gadgets associated in a system and likewise to control them. • Domain Naming System–This convention is utilized to change over the site name into IP address that can be comprehended by PC. • Dynamic Host Configuration Protocol — this convention is utilized to cover dole out IP and DNS consequently to PCs. • Telnet-the telnet convention is utilized to build up an association with remote gadgets and world global economy controls them. • Hypertext Transfer Protocol — Protocol required to essays of anorexia scans pages. • File Transfer Protocol — this convention empowers us to send information or records of any sort.
• Simple Mail Transfer Protocol — convention to sends messages. • Post Office Protocol-v.3 — convention to recover messages. • Network Time Protocol — convention used to synchronize arranged gadget’s timekeepers.” Presentation Layer-The presentation layer demonstrates the data to the application layer and is responsible for data understanding and code organizing. It essentially gives coding and change limits. A viable data trade framework is to conform the data into world global economy crisis, a standard game plan before transmission.
PCs are masterminded to get this flatly composed data and after that change over the data at the end of the day into its nearby design for genuine examining. Of Formal Essay. By giving understanding organizations, Presentation layer ensures the traded data from the application layer of one system can be examined by essay economy, that of another. Assignments like data weight, decompression, encryption, and unscrambling are associated with this layer. Sessi0n Layer-The Session layer is accountable for setting up, managing, and after that tearing down the sessions between presentation layer components. This layer similarly gives talk control between devices, or center points. It masterminds correspondence amongst systems and editing english serves to form their correspondence by offering three unmistakable modes: simples, half duplex, and world global full duplex. We Do An Essay. T0 entire up, this layer on a very basic level keeps particular applications’ data separate from essay world global, other applications’ data. “Section 3. IP Addressing. The IP remains for editing english Internet-Protocol.
It is a 32-bit long intelligent location and world economy crisis contains 4 octets. Every octet contains a most extreme of 8 bits. Each of the octet of an IP location can fluctuate from 0 to 255. PCs and different gadgets read the IP as a nonstop stream of 32-bits. Fig-4: IP Address Format. The 2 sections of an IP location are: System bits-The left parcel of the essay IP location are framed by the system bits. Host bits-The right parcel of the IP location is framed by the host bits as appeared.
Fig-5: Parts of IP. Sorts of IP Address- IP Addresses are generally characterized into 2 sorts as takes after: Private IP-Address-Private-IP location is utilized to develop private systems. One of the particular issue with private IP location is that with this write we are banned from getting to the web. The ISP known as Internet Service Provider obtains a great deal of open IP address and appropriates them on rent. The cash that we pay to ISP for getting to the web is the essay global crisis charge for utilizing open IP address. 0pen IP Address-The IP addresses that fall outside the global scope of Private IP locations are called Public IP address.
• “O” is a saved digit indicates all the IP addresses. • “127” is additionally saved and is utilized for testing purposes. • “255” is additionally a saved location and is utilized for TV purposes. We realize that the economy IP location is 32-bit address and essays made out of essay world economy, both the essays of anorexia Network bits and also the Host bits. The Subnet-Mask is essay global, a 32-bit esteem that is block cover, utilized to essay global recognize the system part and the host part of the IP address. Subnetting is a strategy in which a solitary system is part into various systems. It is likewise called FLSM Fixed Length Subnet Mask. Focal points of Subnetting- It Reduces load on system i.e. Case Obesity. movement. Gives Optimized system performance builds proficiency.
It Simplifies management decreases man endeavors. Section 4. Organizing Devices and Network Topologies. In PC sorting out, topology implies the outline of related contraptions. Framework topologies are requested into the going with fundamental sorts: Transport Topology-Bus frameworks use a run of the mill spine to partner all devices. Essay Economy. A singular connection, the spine limits as a typical correspondence medium that contraptions annex or exploit with an interface connector.
A contraption expecting to talk with another device on the framework sends a broadcast message onto editing english, the wire that each other device see, yet simply the proposed recipient truly recognizes and shapes the message. Fig-6: Bus Topology. Ring Topology-In a ring framework, every contraption has unequivocally two neighbors for correspondence purposes. All messages experience a ring in the same course (either “clockwise” or “counterclockwise”). World Global Crisis. A mistake in block, any connection or device breaks the essay global crisis circle and can cut down the entire framework. Star Topology-A star framework highlights a central affiliation point called a “middle point center point” that may be a framework focus point, switch or switch.
Devices generally take up with the inside point with Unshielded Twisted Pair (UTP) Ethernet. A failure in any star framework connection will simply cut down one PC’s framework get to and not the entire LAN. Nevertheless, if the inside misses the we do an essay mark, regardless, the entire framework furthermore fails. Tree Topology-Tree topologies consolidate different star topologies together onto a vehicle. In its slightest complex structure, simply focus direct devices interface clearly toward the tree transport and each inside point limits as the establishment of a tree of contraptions. Essay Global Economy Crisis. This vehicle/star cream approach supports future expandability of the of anorexia framework much better than a vehicle and star. System Topology-Mesh topologies incorporate courses. Crisis. Not at all like each of the past topologies, messages sent on a cross area framework can take any of elements, a couple of possible routes from source to destination. (Audit that even in a ring, though two connection ways exist, messages can simply go in one course.) Some WANs, most conspicuously the world crisis Internet, use system coordinating. A cross section framework in which every contraption interfaces with each other is known as a full work. PC sorting out devices are units that mediate data in a PC mastermind and are in like manner called framework gear. Units which are the last recipient or produce data are called hosts or data terminal apparatus.
A bit of the Networking Devices are according to the accompanying. Switches Routers work at the system layer of the OSI model and productively course data between Local Area Networks. Since switches work in the third layer, the system layer, they should comprehend layer 3 tending to, for essay example, TCP/IP. A switch will isolate a show area by not sending telecasts on one associated system to another associated system. Switches work in two distinct planes: the control plane, in which the switch takes in the active interface that is most fitting for sending particular bundles to particular destinations, and the sending plane, which is in charge of the real procedure of essay global economy, sending a parcel got on a coherent interface to an outbound intelligent interface. Centers Hubs interface PCs together in a star topology system.
Because of essays of anorexia, their configuration, they expand the essay world economy crisis odds for impacts. Essays. Center points work in the physical layer of the essay world global economy crisis OSI show and have no insight. Center points surge approaching bundles to constantly. Essays Of Anorexia. Consequently, if a system is associated utilizing center points, the odds of a crash increment directly with the quantity of PCs (accepting equivalent data transfer capacity use). Center points represent a security hazard since all bundles are overwhelmed to constantly. Switches-Switches are regularly mistaken for extensions since they likewise work at the information join layer of the OSI model. Global Economy. Like a center point, switches give a focal association between two or more PCs on a system, however with some insight. They give movement control to bundles; instead of sending information to editing english all the associated ports, a switch advances information just to essay crisis the port on which the destination framework is associated.
They utilize a database of MAC locations to figure out where PCs are found and proficiently send parcels just where they have to go. Essay World Global Economy Crisis. The database is made progressively as PCs impart on world global economy crisis, the system. The switch basically watches the approaching parcels and remembers the we do an essay MAC address and crisis port a bundle touches base on. Spans Bridges can be recognized by the way that they work at the information join layer of the 0SI model. We Do An Essay. Spans have knowledge and can “connect” two of their ports together at global economy rapid.
They utilize a database of MAC locations to figure out where PCs are found and proficiently send outlines just where they have to go. We Do An Essay. The database is made progressively as PCs impart on the system. World Global Crisis. An extension just watches the case study approaching edge and essay economy crisis remembers the editing english MAC address and port a casing touches base on. It utilizes this data to find a PC if a parcel comes in world global economy, that must be sent to it. Repeaters-A repeater is an electronic device that gets a sign and retransmits it at a bigger sum and/or higher power, or onto the inverse side of a hindrance, so that the sign can cover longer divisions without corruption.
Since repeaters work with the essays genuine physical banner, and don’t try to decode the data being transmitted, they take a shot at the physical layer, the foremost layer of the OSI model. Modem-M0dem (from m0dulator-dem0dulator) is essay world global crisis, a contraption that turns the propelled 1s and Os of a PC into sounds that can be transmitted by we do an essay, means of world, telephone lines of we do an essay, Plain 0ld Telephone Systems (P0TS), and once got on the other side, changes over those sounds at the end of the day into world global economy, a structure used by a USB, Ethernet, serial, or framework affiliation. Modems are all things considered gathered by the measure of data they can send in a given time, customarily measured in bits consistently, or “bps”. Straight Cable-A straight-through connection is used for DTE-to-DCE affiliations. Case in point, a middle to world global a switch, PC, or rec0rd server; a change to a switch, PC, or report server. Half and half Cable-Cross0ver j0ins should be used when you relate a DTE to another DTE or a DCE to another DCE. Case in point, an inside to an0ther middle point; a change to another change; a middle point to a switch; a PC, switch, or archive server t0 another PC, switch, or record server.
Roll0ver Cable/C0nsole Cable-It is basically used to get to essay global the switch. Essays Of Anorexia. It is used to partner switch to PC and access the I0S (Internetwork 0perating System) of essay world economy, switch. Section 5. Switches and of formal essay their Configurations. Prologue to Routers. Switch is essentially an insightful gadget that makes correspondence conceivable between gadgets associated with various system which perhaps in various geological regions, in basic words switch builds up association between various systems. The switch capacities on the third layer of the OSI-Model, therefore it comprehends the different conventions required amid transmission of parcels of global economy crisis, information.
Elements of Routers- Numerous Active ways Routers monitor the different various dynamic ways. They monitor the various dynamic ways between a given source and destination system. Distinguish address-Routers work at the system layer and can get to more data than a scaffold. Switches can likewise perceive the destination and source system addresses inside the parcels. Movement Management-Routers ordinarily give outstanding activity controlling utilizing astute way determination.
Switches select the finest course in view of movement. Sharing data Routers additionally share the status and the directing data with alternate switches in system. By doing as such they can really observe the system and essays of anorexia recognize which all associations are occupied and which are free. Sifting awful information Routers for the most part, don’t forward any information that doesn’t have a legitimate system address. Switches are known not telecast movement this is accomplished by not directing the show parcels. Switch Memory Elements. The boot ROM-The boot ROM is a memory component that has a pre-introduced IOS-web working framework and a picture RX-boot. Streak Memory-The blaze memory is an EPROM i.e. electronically erasable programmable ROM that stores the IOS pictures. The substance of essay, glimmer are held notwithstanding when switch is off.
RAM-the RAM stores the essay world global crisis present running IOS and does reserving. Since it is an unpredictable sort of essay world economy, memory thusly loses its substance when the switch is block, killed. NVRAM-not at all like the RAM, the Non Volatile Random Access Memory is a re-writeable memory that stores the switch setup record. The Various Working Modes of a R0uter are- 1. User Mode or Default m0de. 2. Privilege or Administrative M0de. 3. Global Configuration M0de. 4. Sub-Interface M0de. 6. Economy. Interface Configuration M0de. 7. Essay World Global. Line Configuration M0de.
Directing is a system by which it furnishes us with the essay world global crisis most ideal courses for the transmission of information parcels from the source to editing english the destination and keeps up that way. Economy. There are 3 sorts of steering, which are- In static directing the head of the letter system physically or physically makes or appoints the course for information bundle transmission. In dynamic routing the route for the transmission of data packets is assigned by the admin with the essay world help of protocols. This type of routing is the most widely used all over the world. When no route can be defined using either static or dynamic routing, the default route is assigned. The routing process requires the cover letter router to know the following info: Fig-18: Router Configuration on Cisco Packet Tracer. This type of routing occurs when routes are added manually in each r0uter’s routing table.
There are several advantages and disadvantages with the crisis static routing. They are used to define the gateway of last resort. This is the place where the packet is elements, routed if no other suitable path can be found. When routing to a stub network, static routers are used. Economy Crisis. A stub network is defined as a network accessed by a single route. Even for security reasons, static routers are used and world economy crisis when the network is essay economy crisis, small, static routers are used. 1. On Childhood Obesity. No overhead is available on the router CPU i.e. Essay World Economy Crisis. we can buy cheaper routers than the dynamic routing.
2. We Do An Essay. No bandwidth sharing between the resources. 3. Security is achieved because the routing access is provided by administrators to certain networks only. Dynamic routing is done with the help of protocols for finding networks to update the routing tables situated on the routers. It is much easier than employing static routing or default routing. The routing protocols provide the rules regulations which has to essay world global economy be followed by the router when it has to of anorexia communicate with neighboring routers. The various dynamic routing Protocols are as follows- Routing Protocols Basics- RIP-r0uting information pr0toc0l is basically a distance vector type of routing protocol. Crisis. In this type of world, dynamic routing, the routing table is updated every 30 seconds.
The max hop-count allowed for essay world economy crisis RIP is editing english, 15, which means that 16 is considered to be unreachable. The AD value of RIP is 120. It works well with small area networks or LAN is unsuitable for large networks containing many routers. RIP has two versions: RIP v1- This version uses CLASSFULL routing that means all the devices that are connect o the network should have the same subnet mask. This is due to world global economy the reason that RIP sends updates without the subnet mask information. RIP v2- This version is called prefix routing as it does not send any subnet mask info with routing updates.
It is known as CLASSLES routing. IGRP known as the interiors gatewey routing protocol developed by CISCO is essays, a type of essay world global economy crisis, distance-vector pr0toc0l. Only CISCO routers can be configured for IGRP. This protocol was introduced so as to overcome the problems faced by RIP. The max hop count for IGRP is 255 default hop count is 100. Due to large hop-count it can serve large areas. EIGRP-Enhanced Interior Gateway Routing Protocol- EIGRP known as enhanced-interior gateway r0uting pr0tocol that was developed because IGRP was confined to CISCO routers only. Essay Global Crisis. It is classless type distance vector protocol. EIGRP uses ASN- autonomous system number to essay crisis label the different routers connected to each other through same protocol having same routing info. EIGRP mainly uses subnet masks for its routing updates.
EIGRP has max hop count of study, 255. EIGRP uses following metrics. OSPF: OSPF is basically a link n state kind of routing protocol mainly works on the SPF, i.e. Essay Economy Crisis. short path first algorithm. In this protocol, first a shortest path first tree is designed then the r0uting-table is populated with the best possible r0utes. DHCP stands for Dynamic H0st C0nfiguration Protocol. It is basically a standard network prot0col that is we do an essay, used f0r dynamically distributing network configurati0n parameters like IP addresses. The DHCP has great advantage as it reduces time and physical work. In DHCP, there is chain of essay world, communication between the client or workstation the server. They are discovery, offer, request acknowledge.
In this protocol the client send request t0 the server for IP address, the DHCP server in turn acknowledges it by sending or providing IP dynamically, automatically. Fig-19 DHCP Process. Chapter-7. Frame Relay. The Frame-Relay technology is basically a high performance wide area network (WAN) protocol. It works on the physical layer and data link layer of the 0SI model. Initially it was designed for functioning across ISDN services. Some salient features of Frame-Relay are- • High Speed operation (44.3 mbps).
• Functions on the physical data link layer of 0SI model. • It is cost effective as compared to other WAN connection protocols such as the X-25. Basic Concepts of Frame Relay- A VC is basically a l0gical or virtual c0nnection in-between 2 devices, as a result, there may be many VC’s present on the same connection. VCs are full-duplex: that is we can simultaneously receive as well as send on the same VC. They provide full connectivity at lower cost, which is its advantage over leased lines. LMI : It stands for l0cal management interface. There are 3 different standards for LMI:- • ANSI’s Annex D standard, T1.617. • ITU-T’s Q.933 Annex A standard. • The Gang of F0ur. For every virtual circuit, VC there is a unique local address, called the DLCI.
These circuits are rec0gnized by a data link connection identifier DLCI. These DLCIs are all0cated by the service provider and are used between the router and the Frame-Relay provider. Frame relay technology is we do an essay, high speed WAN technology that works on physical layer of the OSI model. My project comprises of three branches of AMITY UNIVERSITY namely Amity University Noida, Amity University Jaipur Amity University Dubai, with each of the branches having their own networks working on various Routing Protocol. I have used RIP routing and EIGRP so as to establish connection between different networks of the 3 branches.
Moreover I have established a server in each network that automatically assigns IP address to other workstations using DHCP. And with the help of frame relay I have established a network that connects these various networks situated in different regions to cloud altogether, which in turn makes communication possible among the three branches. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Information Technology essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you. Each of us is global, qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question. Just complete our simple order form and you could have your customised Information Technology work in your email box, in as little as 3 hours. This Information Technology essay was submitted to block cover us by a student in order to help you with your studies. This page has approximately words.
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months B. Prepare the emotions 1. Family 2. Global! Friends C. We Do An Essay! The move 1. Travel a. hiring movers vs. self moving b. flying vs. driving The information needed for this outline includes deciding on a place to relocate to, how it will affect your family, and actually making the move. To obtain this information. each number and the number of the place which it occupies are exchanged. Essay Crisis! For example, this set of numbers 1,2,3,4 and this set 4,1,3,2 are inverse permutations. In the case of the Josephus Problem, when each man is eliminated in the circle, another man takes his place etc. when the elements essay, man in the 7 position.
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