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Brett Favre, Aaron Rodgers Stat Comparison: Who's The Better Green Bay Packers Quarterback? The numbers suggest its too close to call between Brett Favre, left, and middle ages clothings, Aaron Rodgers, right. Photo: Reuters. Its been nearly eight years since Brett Favre stepped onto and Galen’s ideas Essay, Lambeau Field as the middle ages clothings Green Bay Packers starting quarterback, but the former three-time MVP will make his return next season when his jersey is retired in erik erikson's stages the teams Hall of Fame, Favre announced on his official website Monday. Favre spent 16 seasons as the Packers signal caller, winning seven division titles and one Super Bowl to go along with his three first-team All-Pro honors and middle clothings, nine of his career 11 Pro Bowl appearances.

But in the days leading up to Favres enshrinement, the main topic of conversation will undoubtedly evolve into a comparison of Favre and Green Bays current starter, Aaron Rodgers. Rodgers spent three years behind Favre on the Packers sideline before taking on full-time duties in 2008, and neither he nor the Packers have looked back since. Currys Arnold. Over the last seven years, Rodgers has arguably become the ages best quarterback in the NFL, a distinction Favre also held during his years at Lambeau. Lets take a look at both stars first seven years as starters and see who, at least statistically, has the currys arnold edge. Renowned for his ironman toughness, Favre totaled a 74-35 record as a starter in his first seven seasons, capturing three division titles and his lone Super Bowl in 1996. Favre also missed only one game in 1992, his first year in Green Bay, and didnt miss another start until 2000. Rodgers missed nine games due to injury, most of which were in middle clothings 2013 when he went down with a broken collar bone, but hes amassed a 70-33 record over 103 stars and won three division titles. How Does Frankenstein. However, in his first year as starter the middle ages clothings Packers went 6-10, and Favre only endured one losing season throughout his 16 years with Green Bay.

For three straight years, 1995-97, Favre led the how does end NFL in touchdown passes and he amassed a total of 213 his first seven years in Green Bay. Rodgers bested him by 12, with a grand total of 225, and hes done so by middle ages playing in nine fewer games. But it was technically a much more physical league when Favre played compared to now, with NFL referees now hitting defenses with roughing the passer flags for even the slightest infraction. Also considering the era, Favres best stretch of 38, 39, and 35 touchdowns from 1995 to 1997, looks astounding. Again the era of the NFL has to be taken into account, but Rodgers has the better numbers with 28,249 yards compared to Favre with 26,803 yards over nine fewer games. Over the seven year span, Favre broke the 4,000-yard barrier twice in 1995 and 1998. Rodgers has done it five times. Always the definition of a gunslinger, Favre let it fly but was very accurate throughout his career, completing 62 percent of his passes. But Rodgers has been far more accurate early in his career.

In his first season in Green Bay, Favre completed 64.1 percent of end his attempts, and his next best came in 1998 when he led the NFL with a completing percentage of 63 percent. He totaled 3,752 attempts in his first seven seasons. In contrast, Rodgers has 3,416 attempts as the middle ages starter and his percentage has never dipped below 63.6, his first season under center. And in the last four years, Rodgers hasnt dipped below 65.6 percent. Favre always took chances, and many times throughout his career they paid off, but he had a major propensity to throw interceptions.

He totaled 116 picks from 1992 to 1998, leading the NFL with 24 in 1993 and throwing another 23 in frankenstein end 1998. In the same span, Rodgers has only ages 56 interceptions and only twice has his season total eclipsed 10. In the last four seasons hes never thrown more than eight in anthropology 16-game schedule. Hes also posted a quarterback rating no lower than 101.2 throughout his career as a starter. The only middle clothings time Favre ever posted a triple-digit passer rating for a season came in 2009 with Minnesota. It might seem silly to topics compare the rushing stats of two of the middle ages most prolific quarterbacks to ever play, but it usually is a good indicator of a quarterbacks ability to frankenstein either gain a first down or extending a play to allow a receiver to middle get open. Favre gained 1,253 yards and scored 11 touchdowns from currys arnold, 1992 to ages clothings 1998, compared to currys arnold 1,784 yards and middle, 20 touchdowns for Rodgers. The nod has to go to Rodgers, whos rushed for more than 200 yards in in six seasons, and more than 300 twice.

It could be said that Favre saved his best play for the postseason. He amassed a 9-5 postseason record, racking up 25 touchdowns to Hippocrates’s and Galen’s ideas 12 interceptions and in middle ages 1995 and erikson's, 1996 totaled passer ratings of ages clothings 106.9 and 107.5, respectively. Rodgers has a 6-5 record with 23 touchdowns to seven interceptions, but since winning the Hippocrates’s and Galen’s Essay Super Bowl in 2010, his passer rating hasnt exceed 97.8. Rodgers did claim the Super Bowl MVP when he won, with Desmond Howard winning it over Favre in 1996, but theres little doubt who led that Green Bay squad to victory. Comebacks and ages, Game-Winning Drives. This became a Favre specialty throughout his career. Currys Arnold. He totaled 10 fourth-quarter comebacks and clothings, 13 game-winning drives.

But Rodgers isnt too far behind with eight fourth-quarter comebacks and currys arnold, 12 winning drives. A tie could be their clutch play in ages clothings the postseason, but in seven years both massed one fourth-quarter comeback and one winning drive. Judgment: The numbers suggest this comparison is too close to call. Its fair to call it a tie now, but Rodgers, 31, can still claim more Super Bowls with plenty of years left on his career.

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the A essay exam, LEEWS is middle, applicable to beliefs, 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 clothings concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Currys Arnold! And much more. A law student learnsfinallyto 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 middle ages 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 personal performance on a final exam, most if not all of which is middle ages clothings, essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in frankenstein end a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to middle clothings, 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 anthropology topics, how much you can write or type.

Grading is invariably anonymous to protect professors and middle, 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 personal beliefs 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 middle ages, eight in currys arnold the appendix of the middle clothings, LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per currys arnold issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you.

You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the middle clothings, Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an Hippocrates’s and Galen’s ideas Essay, issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by middle only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. Currys Arnold! 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 clothings, occasional tennis player, fell while descending steps at the Only For Us Racquet Club in and Galen’s ideas Long Island City, Queens County, New York. As she explained to her husband moments later by middle ages phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in how does frankenstein end the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world.

At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the middle clothings, tennis racquet. Thereupon followed, inter alia , the frankenstein end, following events and middle, motions: 1 OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to currys arnold, the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in ages clothings the action, answered the complaint, interposed affirmative defenses, and otherwise defended against topics the action. Only later during an appeal did he assert lack of clothings personal jurisdiction as a defense.

4 OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Hippocrates’s And Galen’s Essay! Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an middle, admission from Doris that Coris has a tendency to negligent behavior. How Does Frankenstein! 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 ages clothings the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to erikson's stages of development, this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against 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 middle ages clothings, present in currys arnold the state where an action is brought, and personally served with process. Where personal service on middle a defendant cannot be effected through due diligence, a plaintiff is erikson's, entitled to substitute such service by middle clothings affixing a copy of the summons and complaint to and Galen’s, the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and middle ages, mail). A court has held that three attempts at Hippocrates’s Essay, in hand service at a defendant's place of middle ages business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the beliefs, requirements of ages clothings 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 topics, defense will be deemed waived on appeal. Requests for admission A request for ages clothings admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial.

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 beliefs, employee was acting with authority, or that the party was traveling against traffic on middle ages a one-way street). However, it is not proper to request an admission to erikson's, an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for reasons of economy, prevention of harassment, and avoidance of middle clothings 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 of Shamanistic and Native American Cultures action in a subsequent suit. Venue Refers to middle ages clothings, the proper place for trial of a lawsuit. The purpose of venue rules is to how does frankenstein, prevent a plaintiff from forcing a defendant to trial where it would be burdensome for middle him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the of Shamanistic American, action could have happened anywhere) should be tried in the county where the clothings, action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.

(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on stages of development how to proceed. [Always the Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for ages each of the six events/motions.] The conflict pairings for Analysis in Celtic and Native Cultures all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. Ages! However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. Currys Arnold! 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 ages, viable. 4 = Preclude disclosure of overheard conversation vs. Currys Arnold! have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in middle clothings 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 A Comparative healers and Native American, time to be allotted each will be roughly the same. As it would interrupt continuity of train of middle clothings thought and be time wasting to Hippocrates’s and Galen’s ideas Essay, continue applying the Steps to middle, all six, from this point on I shall work on each question to Hippocrates’s Essay, completion before going on to the next .] Step Two [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.

See definition of middle clothings 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; . . . No.4; . . . 5; . . . Hippocrates’s And Galen’s Ideas! 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is ages clothings, part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for of Shamanistic healers in Celtic and Native American Cultures discussion No overlap of discussion apparent. No reason apparent not to clothings, proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. Ideas! 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 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 Jett Setter all reside in Queens County. The residence in New York County of middle clothings Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. Analysis Of Shamanistic American! [Concludes lawyerlike analysis -- application of law to middle, relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and currys arnold, shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at middle ages, in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and personal, complaint with a person of middle suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.]

Conclusion: The attempted nail and currys arnold, 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 middle, complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in personal beliefs the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the ages, claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for healers and Native American Cultures raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and ages, is relevant to of Shamanistic in Celtic and Native American Cultures, the subject matter of the action is middle ages clothings, discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at and Galen’s ideas, a phone that was apparently near other phones would not seem confidential. Ages! Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.]

Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for Hippocrates’s and Galen’s ideas an admission imposes a duty on the party served to acknowledge the existence of ages clothings facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an currys arnold, 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 ages, 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 medical anthropology that claim or cause of action in a subsequent suit. Doris' action in middle ages small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in frankenstein end 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 ages manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.

The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of anthropology topics directors. They further owned thirty percent of the outstanding shares, by middle clothings 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 Southeast Asia ski resort options. In the fall of currys arnold 2001 Meddle sought permission to clothings, inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the currys arnold, Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to middle ages, persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in how does her own right and on behalf of ages RIPCORP against currys arnold the corporation and the Bottomline brothers personally to gain access to the books and ages, records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of medical anthropology topics standing, failure to first make a demand on the board of directors, and failure to ages clothings, state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to medical topics, post $25,000 security for costs as a precondition to continued maintenance of the suit.

3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the middle clothings, directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the erikson's stages, purpose or powers of the corporation, and sometimes includes acts within the purposes and middle, powers of the corporation, but performed in an unauthorized manner or without authority. Hippocrates’s And Galen’s Ideas! Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the ages clothings, attorney general of the currys arnold, state to middle clothings, enjoin such activities; 3) the beliefs, right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the middle ages, stock book and minutes of personal 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 clothings 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 personal beliefs favor of the corporation.

The latter derivative action may be maintained only if 1) the plaintiff is middle, a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and erik stages, 3) the plaintiff shows in middle ages 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 derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in end a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against middle expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the personal, above judgments, providing no deliberate dishonesty or unlawful gain on middle clothings the part of the officer/director is how does end, 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 ages clothings skipping over the facts.] Step One Conflict pairing(s) : [A quick review of the motions in conjunction with the currys arnold, sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of clothings Meddle.

However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the erik, motions.] 1) dismiss the middle clothings, action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two [RIPCORP is stages, movant for clothings motions 1 and 2, Meddle for 3. The motions themselves, especially the erik erikson's stages, first, point to clothings, overriding premises.

In that a court may dismiss all or part of a suit, each premise must be considered in beliefs light of each of Meddle's objectives set forth in the preceding sentence . Middle! The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in A Comparative of Shamanistic American such a suit. Step Three [The motions seem more or less equivalent in weight.

Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in ages clothings writing the actual response. Therefore, it seems advisable to skip Step Three and go to personal beliefs, the writing phase .] Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the middle, corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the ideas, corporation to procure a judgment in ages 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 ideas, when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and middle ages clothings, 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 erik stages of development, stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of ages shares.

However, she has been a stockholder of and Galen’s Essay record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the clothings, corporation, and currys arnold, sometimes acts within the middle, purposes and powers of the corporation, but performed in of development an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the middle clothings, officers and/or directors (present and A Comparative and Native, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to middle ages clothings, manufacture and currys arnold, retail accessories for middle ages off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ideas, ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and middle, hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of A Comparative Analysis healers in Celtic and Native Cultures RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of ages outstanding shares, or the value of their shares exceeds $50,000.

M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Currys Arnold! Their value at the time of the suit would have been 1/10th of one percent of ages clothings forty million dollars, or approximately $40,000. How Does Frankenstein! However, M has been a shareholder since the very beginning of the middle clothings, 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. [Note the use of the A Comparative of Shamanistic healers and Native American, policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against middle clothings a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in erik settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and ages clothings, reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the how does end, above judgments, providing no deliberate dishonesty or unlawful gain on ages clothings the part of the officer/director is personal beliefs, shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.]

M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against middle the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of currys arnold divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the middle clothings, resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against currys arnold judgments obtained by middle ages clothings M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y.

Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and how does end, remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to middle clothings, Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. Frankenstein! In a probate proceeding the evidence established the following:

1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the middle, 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 of Shamanistic Cultures, 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Occurs when a specific legacy (defined below) is ages, not in anthropology topics existence or not in the possession of the testator when he dies (because, for ages clothings example, it has been sold or given away).

When an medical anthropology, ademption occurs, the clothings, legatee takes nothing. Death of how does frankenstein a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in middle many jurisdictions, however, dispositions to erik erikson's, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Clothings! 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 a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the Essay, fact that the will so republished may have been invalid for middle clothings want of testamentary capacity at of development, the time of making.

Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the ages, 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 revoking the will. Specific legacy A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and erik of development, recognizes the natural objects of his bounty.

Witness as beneficiary A witness to clothings, 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 currys arnold, 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 A vs. anyone or thing (including each other, T, the 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 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 middle ages clothings, try to sort them out at this point. Better to erik erikson's stages of development, focus on one conflict at a time in the writing phase. 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. Middle Ages! My impression is currys arnold, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per middle clothings stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of currys arnold discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to middle, make sense. B and Z's rights [This label conforms to erik stages of development, the instruction. Clothings! B v. Z might confuse.

But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the frankenstein end, 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Middle Clothings! This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Currys Arnold! 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 ages, the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the currys arnold, codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is clothings, revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of 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 personal beliefs, testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the middle ages clothings, 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 how does frankenstein end, 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 middle, now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will.

S was one of A Comparative healers in Celtic American several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to middle ages clothings, prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only erik erikson's stages of development two witnesses to the will. The rationale for not allowing a witness necessary to middle clothings, probate to take under the currys arnold, will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the ages, kind of interest and Hippocrates’s and Galen’s ideas, thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in ages clothings some way, perhaps with a red star.

I might even decide to put it on Essay 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 middle clothings, the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to personal, 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 middle, 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 Hippocrates’s, highest grade, one of only two A+ grades. His accompanying remarks are reprinted in ages clothings the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the 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 does end, how to proceed and present.

For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and clothings, 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 medical anthropology topics, new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on middle clothings 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 erikson's of development, a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 ( 11 = Prof Banks, 12 = Prof Entman)

Essays - 45 points. Average -- 11 [17.2]; 12 [16.1]; both sections [16.6] Range -- 11 [3 - 42]; 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- 11 [33.70]; 12 [35.00]; both sections [34.36] Range -- 11 [18.86 - 50.29]; 12 [17.29 - 53.43] Total - 100 points. Average -- 11 [50.90]; 12 [51.09]; both sections [50.99] Range -- 11 [22.86 - 92.29]; 12 [26.29 - 83.00]

Average Grade - 11 [2.33] Both Sections [2.34] 12 [2.34] A+: 82 and ages clothings, above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.

Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. Currys Arnold! You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided.

Be sure to identify clearly which subpart you are answering (e.g., I. Middle Ages! A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and Analysis American, staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of ages a page and leave a left margin. Write your identification number in the space provided on Hippocrates’s ideas Essay the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything.

Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in clothings the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the currys arnold, first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the middle ages, answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following:

1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the 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 and Galen’s, individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by ages clothings an agent, as to a claim for relief arising from the persons. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in Analysis healers in Celtic and Native American this State; (c) causing tortious injury in this State by an act or omission outside this State if the middle, person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to and Galen’s ideas, insure any person, property, or risk located within this State at clothings, the time of contracting.

X.C.A. Erikson's Stages Of Development! 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. Middle Ages Clothings! They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from personal beliefs one of your employers. Middle Clothings! I Quit is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.

11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Currys Arnold! 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 [First Commercial] attended a lecture on clothings furniture repair that Isolde gave in currys arnold Prussia. He decided that Tristan and Isolde had a promising business and middle ages, that the bank would do well to procure their business. After receiving a letter at their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial.

By telephone, they requested the currys arnold, bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and middle, Tristan immediately took them to First Commercials main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of anthropology Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the banks claim against him for $50,000. Middle Ages! First Commercial then sued Isolde in the United States District Court for Prussia to anthropology, collect the unpaid principal and interest. First Commercials attorney served Isolde with process by registered mail, return receipt requested, to her at ages, the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and Essay, summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia.

In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the ages, federal court in Bavaria, attaching a $5,000 debt owed to currys arnold, Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them.

B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. Ages Clothings! 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail.

She was rendered unconscious for two days. Anthropology Topics! An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and middle, is enforceable in both Swabia and Bavaria. End! Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Professors Banks and Entman appears in middle ages clothings 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 anthropology, statement of middle ages clothings R ule, and currys arnold, the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Ages! 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 anthropology, assist the professor in recognizing the topic (issue). Subject-matter jurisdiction.

The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in middle ages clothings Article III of the medical topics, US Constitution and ages, 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 medical citizenship of the parties. First Commercial is a citizen of Prussia. Middle! Isolde has been living in Swabia for one month. Erikson's! [The facts do not give sufficient information to ages, know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to frankenstein, see if she would enjoy life on clothings her own. If Isolde is Hippocrates’s ideas, found to be a domiciliary of Prussia, then there is middle clothings, not diversity of and Native American citizenship and thus no subject matter jurisdiction. Middle Clothings! However, if Isolde is anthropology topics, found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the clothings, amount in controversy to exceed $75,000.

The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiffs complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in Analysis healers and Native American this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the middle clothings, intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person.

Because this has not been litigated, it can be raised on collateral attack in the enforcing court. Ideas Essay! [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Ages Clothings! Most of you could have improved your answers by anthropology making better use of the facts to support your analysis. Middle Clothings! The reason Isolde can raise personal jurisdiction on collateral attack is personal, because she did not appear at all in the original action. Clothings! Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over frankenstein her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in middle clothings which they are situated, so the District Court can exert personal jurisdiction over an out of 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. Beliefs! Because it is necessary that she be domiciled in clothings Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of medical topics domicile. Even though the middle ages, contract included a choice-of-law provision applying the laws of Prussia to currys arnold, possible disputes, that is not the same as a consent provision. [A surprising number of students referred to ages clothings, this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in A Comparative Analysis of Shamanistic healers in Celtic another part of the same answer.

Another specifically stated that it was a forum selection clause and ages clothings, not a choice of law provision. Mistakes of this type may be attributable to currys arnold, sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to clothings, study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Others simply didnt know what to do with the fact, thus reflecting a failure to study the medical topics, Burger King opinion and to pay attention to clothings, our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over how does Isolde on the basis of the first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of contract, arises from the defendants act of entering into the loan contract, which First Commercial will argue was executed on Tristans delivery of the ages, loan documents to and Galen’s ideas Essay, the Banks main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the middle, court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. A Comparative Healers! American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the middle clothings, execution of the contract. [It is probably not necessary to stretch the erikson's stages of development, construction of the middle ages, statute as the court did in Gray to currys arnold, hold that it confers jurisdiction, given the facts of this problem.

The statute covers transacting business in the forum state directly or by an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an clothings, agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the Analysis of Shamanistic Cultures, papers and that he immediately took them to the bank. You should never, as many of middle ages clothings you did, overlook the currys arnold, statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for middle ages clothings speculating that Isolde didnt 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 how does frankenstein end an out of state defendant in ages clothings International Shoe: jurisdiction is constitutional only if the erikson's stages, cause of action arises from the defendants minimum contacts with the middle ages, forum, such that the currys arnold, assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of middle ages clothings jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the anthropology, argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to middle ages, secure the medical anthropology topics, loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into 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. In the alternative, [In addition?] can Isolde raise any of the middle clothings, fairness factors, defining fair play and substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the how does frankenstein, relative burden on Isolde compared to the interest of middle ages clothings First National in litigating in Prussia, it does not seem unfair to require Isolde to end, travel to a nearby state where she lived most of her life and where she sometimes appears to middle ages, give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of beliefs law provision; Prussia has an interest in middle adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the how does, Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of ages clothings 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. A Comparative Analysis Healers In Celtic And Native Cultures! Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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16 Free Medical Assistant Resume Templates. There is an middle clothings increasing demand for medical assistants in the coming years due to aging of the population and erik stages, advances in medical technology. According to the U.S. Bureau of Labor Statistics (BLS), the medial assisting field is expected to grow by over 30% between the middle clothings years 2010 and 2020. Medical assistants are an important part of the healthcare industry as they provide much needed support within healthcare facilities.

A medical assistant#8217;s main responsibility is to provide patients with clinical and administrative assistance . They are employed in medical offices, clinics, and hospitals, and work closely with physicians and specialists. Their job duties often vary depending upon where they are employed. Of Shamanistic In Celtic Cultures. In some offices, the ages clothings medical assistant is in charge of the Hippocrates’s Essay management and administration of the office, which allows the physician#8217;s time to middle ages be spent on currys arnold, providing better patient care. Other times, their responsibilities rest solely on clothings, providing patient care. Individuals who choose medical assisting as a career have a lot of responsibility and can expect to earn an currys arnold average salary of between $23,000 and $31,000 per middle ages clothings, year . Although there is NO requirement for MA to currys arnold have formal training, all employers will have different educational requirements and you might be expected to have at least 1-2 years of formal training at a technical or vocational school or hold an associate#8217;s degree. There are several different types of medical assistants . The first type is the clinical medical assistant . A clinical medical assistant#8217;s primary responsibility is patient care, carrying out assessments, and performing other medical tasks. The second type of clothings, medical assistant is the and Galen’s administrative medical assistant. The administrative medical assistant primarily performs administrative duties such as managing patient records, scheduling appointments, answering phones, performing general account billing, and maintaining the middle ages clothings front desk area.

The final type of medical assistant is one who has chosen to specialize in a specific field of and Galen’s, medicine . Specialty areas could be family medicine, geriatrics, internal medicine, OB/GYN, pediatrics, oncology, transplantation surgery, cardiology, urology, women#8217;s health, endocrinology, or another field. Size: Downloads: 9509 Download: zip and docx Uploaded: 2013-11-13 21:03:00 / 3354. This is ages clothings, a general resume that is Hippocrates’s ideas, suitable for a Certified Medical Assistant or a Registered Medical Assistant. For the most part, writing a Medical Assistant Resume is the same as writing resume for any other job. Middle Ages. Your resume should accurately display your knowledge and commitment to the field as well as your desire for employment within the field. It should show your professional potential as well as your passion and Hippocrates’s ideas Essay, commitment to quality care.

Include any relevant clinical experience you have as well as experience in specialized areas, if applicable. Maintaining a generalized approach is ages clothings, appropriate if you don#8217;t have any specialty experience. Describe responsibilities you had, duties you performed, and success you achieved at your previous positions. What is included in A Comparative in Celtic and Native Cultures your resume will vary depending upon what types of positions you plan to apply for. Make sure you only include duties that are relevant to position you are applying for.

Some duties typically found on Medical Assistant resumes: Answer office phones and ages clothings, schedule appointments Greet patients and prepare them for currys arnold, examinations Obtain patient medical history and middle clothings, vital signs Assist physician during patient examinations Perform routine laboratory tests and administer injections Explain treatment procedures, medications, special diets, or doctor#8217;s instructions Perform electrocardiograms or other diagnostic tests Authorize drug refills and provide prescription information to pharmacies Assist with insurance, coding, and billing paperwork. Good communications skills, empathy, and people skills . These skills are important to help put patients at ease, as well as answer questions about erik erikson's stages of development, medications, instructions, and middle, tests. Analytical skills . It is essential to understand information on medical charts such as diagnoses, as well as being able to code patients#8217; medical records for billing purposes, if required. Detail oriented and technical skills . Medical assistants use basic clinical instruments and currys arnold, need to be accurate when taking and ages clothings, recording patients#8217; vital signs. If you hold any certifications, licenses, etc., they should be incorporated into your resume to personal beliefs show your dedication to furthering your vocational skills. Middle Clothings. Here is just one sample Medical Assistant Resume with objective, summary of skills, work experience, and education. As previously noted, the type of A Comparative in Celtic and Native American, resume required for middle ages, medical assisting will depend upon what type of skills you#8217;ve acquired as well as what type of environment you plan to ideas Essay pursue employment in. A professional resume should be tailored to portray who you are, what skills you possess, and be geared towards the middle type of job you#8217;re looking for . Here we#8217;ve helped to create examples of just how to achieve the erik erikson's perfect resume to fit your needs. You will find three resume formats: chronological (focus on work history), functional (focus on skills and qualifications), or combination (both work history and skills). Middle. Whether you are a recent graduate, or someone who has experience as a medical assistant, you will be able to find one that will highlight your positive attributes and get you started on searching for the career you#8217;ve been looking for.

This resume is suitable for someone who has some experience working as a Medical Assistant and has different clinical and administrative skills. Size: Downloads: 7168 Filename: Experienced-Medical-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3348. Chronological Medical Assistant Resume. Chronological resume for someone who is experienced at working as a medical assistant; focus on experience, performed duties, and job skills. Size: Downloads: 2305 Filename: Chronological-Medical-Assistant-Resume.docx Uploaded: 2013-11-13 21:03:00 / 3340. Experienced Pediatric Medical Assistant. This is an erik erikson's example of a resume to be used for someone who has experience as a Pediatric Medical Assistant. Size: Downloads: 2424 Filename: Experienced-Pediatric-Medical-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3350. This resume sample provides a generic template which can be used for an entry level medical assistant, or for a certified or registered medical assistant. Size: Downloads: 4625 Filename: Entry-Level-Medical-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3344. This is a basic resume that can be used for middle, anyone seeking employment as a medical assistant.

Size: Downloads: 3410 Filename: Basic-Medical-Assistant-Sample.docx Uploaded: 2013-11-13 21:03:00 / 3338. This is a medical assistant resume sample that focuses on administrative and clinical skills and experience in orthopedics. Size: Downloads: 1560 Filename: Clinical-Orthopedic-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3342. Entry-level Medical Assistant Resume. This resume is perfect for medical topics, an entry-level position for someone who is just graduating and looking for their first medical assistant job. Size: Downloads: 2445 Filename: Entry-level-Medical-Assistant-Resume.docx Uploaded: 2013-11-13 21:03:00 / 3346. Functional Resume For Medical Assisting Field.

This is an example of a functional resume for use when looking for a first-time job in the medical assisting field. Clothings. It focuses on frankenstein, skills and ages clothings, qualifications rather than on work experience. Size: Downloads: 3419 Filename: Functional-Resume-for-medical-assisting-field.docx Uploaded: 2013-11-13 21:03:00 / 3352. Anthropology. Generic Combination Medical Assistant. This resume can be used whether its your first or next medical assistant job. It highlights skills and experience. Size: Downloads: 2205 Filename: Generic-Combination-Medical-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3356. Middle. This resume contains a summary of qualifications and is suitable for how does end, any medical assistant with some experience.

Size: Downloads: 1986 Filename: Generic-Medical-Assistant-Sample.docx Uploaded: 2013-11-13 21:03:00 / 3358. This resume can be used for a student medical assistant who has not worked in the field yet. It focuses on externships and volunteer experience in place of work experience. Size: Downloads: 2357 Filename: Student-Medical-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3366. Sample resume for Medical Assistant Intern with example of middle, qualifications, objective, related skills, education, and employment history. Frankenstein. Size: Downloads: 1642 Filename: Medical-Assistant-Intern.docx Uploaded: 2013-11-13 21:03:00 / 3360. This is a resume for middle, an experienced Certified Medical Assistant who has experience as Medical Assisting Extern and Emergency Room Technician Extern. Size: Downloads: 1532 Filename: Medical-Assisting-Extern.docx Uploaded: 2013-11-13 21:03:00 / 3362.

This resume is for Medical Assistant experienced in working with pediatric patients, solid Clinical and currys arnold, Administrative skills. Size: Downloads: 1957 Filename: Pediatric-Medical-Assistant.docx Uploaded: 2013-11-13 21:03:00 / 3364. CMA with experience in a multi-physician family medical practice and additional healthcare experience as an middle clothings RPT. Size: 148 KB Downloads: 2331 Filename: Certified-Medical-Assistant.docx Uploaded: 2015-08-11 21:02:00 / 8222. 855.213.0348 | MON-FRI 8A-8P, SAT 8A-5P, SUN 10A-6P CST. Of Shamanistic Healers American Cultures. 2017 Bold Limited. All rights reserved.

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Constitutional Law Essay Answers. The following California Bar Exam questions are reprinted with permission of the California Bar Examiners. The accompanying exam answers are written by Bar None Review. Use of these answers is for your personal bar review preparation and middle, law school study only. Currys Arnold. The exam answers may not be reprinted or republished in ages, any form without express written permission. A City ordinance enacted several years ago requires payment of an annual tax of $500 by each household in City with two or more children. The tax applies only to people who have become residents of City since the effective date of the ordinance. Its stated purpose is to frankenstein end reimburse City in part for middle ages the additional public school expenses and costs of recreational facilities attributable to the new residents. Paul and Pat, husband and wife, became residents of City since the personal beliefs effective date of the tax ordinance and live alone with no children. They have filed suit against City in federal court for a judgment declaring that the ordinance violates their rights under the U.S. Constitution to familial privacy, to ages due process, and to equal protection.

During discovery, Paul and Pat revealed that they are medically unable to conceive a child and have applied to adopt twins. Although the court had ordered that this information remain confidential and all references to end it were ordered sealed, Citys attorney has disclosed the information in a press release. Paul and Pat have amended their complaint to allege a third claim against City: i.e., that the disclosure by Citys attorney violated their privacy rights under the U.S. Constitution, entitling plaintiffs to an injunction prohibiting further disclosures and allowing the court to impose sanctions for ages violation of its confidentiality order. City has moved to dismiss the entire complaint on the following grounds: (1) the plaintiffs lack standing to challenge the tax ordinance, and (2) that, in any event, none of the medical topics alleged constitutional rights claimed by Paul and middle, Pat were violated by City. How should the court decide Citys motion to dismiss? Discuss.

Answer A to Constitutional Law Essay 1. By moving to medical anthropology topics dismiss the entire complaint for middle clothings lack of standing, the City has raised the issue of the currys arnold justiciability of the dispute in ages, federal court. In addition to standing, justiciability requires ripeness, that the issue is not moot, that circumstances do not require the federal court to abstain, and that no political question exists. Moreover, because suit is Hippocrates’s, being brought against the City in federal court, it is useful to first consider whether the Eleventh Amendment will bar the claim. The Eleventh Amendment prohibits suits against states in federal court unless the state has waived its sovereign immunity or Congress has conditioned the receipt of ages a benefit on consent to suit or enacted legislation under 5 of the Fourteenth Amendment that allows suit against the states in federal court. However, the frankenstein end Fourteenth Amendment applies only to the states, and not to local or municipal governments. Thus, the City cannot invoke sovereign immunity and the Eleventh Amendment does not block suit in the federal court. In order for Paul and ages clothings, Pat to Hippocrates’s Essay be considered proper plaintiffs they must have standing. Middle Ages Clothings. In order to erikson's have standing to sue Paul and Pat must meet the following three prong test: (1) they must have suffered an injury in fact; (2) be able to show causation; and (3) redressibility.

In order to have suffered an injury in fact, Paul and Pat must raise more than a generalized grievance-that is, they cannot assert standing simply as taxpayers or citizens. Here, Paul and Pat have shown that though they are medically unable to have children, they have applied to adopt twins. Clothings. Because the adoption of twins would bring them within the tax ordinance, and thus they stand to suffer an imminent injury in fact, they will have standing if causation and redressibility are met. The tax ordinance is obviously the cause of the injury Pat and Paul will suffer, and any chilling effect they already have suffered, and thus the medical anthropology causation requirement is met. In order to avoid issuing impermissible advisory opinions, the court must find redressibility. In this case, striking the ordinance will redress the injuries Paul and Pat have and will suffer, and thus the redressibility requirement for standing is met. Where a plaintiff seeks pre-enforcement review of a statute, the court must consider whether the issue is ages, ripe for review.

This requires the court to weigh: (1) the personal beliefs hardship in the absence of pre-enforcement review; and (2) the fitness of the issues and middle ages clothings, record for review. Because Pat and medical topics, Paul are already seeking an adoption and the case involves only questions of law for which the record is ages clothings, fit, ripeness will not be a problem. MOOTNESS, ABSTENTION AND POLITICAL QUESTION. None of these justiciability doctrines will bar suit on the given facts. Even if Pat and Paul ultimately do not adopt, and mootness thus becomes a problem, the issue (if not one capable of repetition and evading review) will surely be raised by another plaintiff. [2] CONSTITUTIONAL CHALLENGES TO THE TAX ORDINANCE. The issue is whether the Citys tax ordinance that requires a $500 tax payment from each household with two or more children is constitutional.

Paul and Pat have challenged the ordinance as violating their rights to familial privacy, to due process, and to equal protection. Each is Hippocrates’s and Galen’s, considered in turn. There is ages, no challenge based on the privilege and immunities clause of the Fourth Amendment as there is no discrimination against out-of-staters. FAMILIAL PRIVACY: SUBSTANTIVE DUE PROCESS. The challenge to the ordinance based on familial privacy is stages of development, one which invokes the Fourteenth Amendment due process fundamental right of privacy. The Court has recognized a fundamental right of privacy under the clothings due process clause that reaches the right to use contraception, to beliefs have an middle clothings abortion, to refuse medical treatment, to direct ones childrens education, and in Celtic American, the like. PRIVACY INTEREST/STRICT SCRUTINY. If the middle ages tax ordinance implicates these same privacy interests, the Hippocrates’s and Galen’s ideas ordinance will face strict scrutiny review-is the ordinance necessary to serve a compelling government interest-which is strict in name and often fatal in fact.

Even if raising funds for education and recreation facilities were a compelling state interest, the clothings ordinance is not necessary to the achievement of Hippocrates’s and Galen’s ideas Essay that interest. A more narrowly tailored ordinance would tax only those children who attend the public schools (as opposed to private schools) and who use the recreational facilities. In all likelihood, however, this statute would not be subject to ages strict scrutiny in the same way as would a statute that prohibited families from having more than two children or required sterilization after having two children. Instead, the Court will probably, at most, apply something akin to the undue burden analysis it has used in abortion cases since Casey to decide whether this tax places an undue burden on a familys decision whether or not to Analysis and Native have more than two children. If subjected to strict scrutiny, the middle ages clothings statute will not survive a substantive due process analysis. If subjected to Analysis healers in Celtic Cultures undue burden analysis or a lesser level of scrutiny, the statute will likely survive.

In addition to their substantive due process claim, Paul and Pat could raise a procedural due process challenge to the statute. Procedural due process prevents a liberty or property deprivation without due process of law-typically notice and a hearing. Such a challenge would not succeed in this context, however, where the city is not cutting off an entitlement but is instead imposing a tax. Because there is no deprivation of a liberty or property interest, there is no right to a hearing. Pat and Paul can identify several classifications within the ordinance that arguably run afoul of the Equal Protection Clause of the Fourteenth Amendment. Ages Clothings. First, the ordinance draws a distinction between families with children and those without children. Second, the ordinance draws a distinction between families with only one child and those with two or more children.

Third, the statute draws a distinction between families with two or more children who resided in the city before the medical anthropology topics ordinance was passed and those who have since moved there. The biggest problem that Pat and Paul face in these equal protection challenges is that none of these classifications-those based on children, number of children, or duration of residency-will be enough to invoke more than rational basis review. Rational basis review requires only a legitimate state interest and means that are rationally related to that end. The Citys fiscal interests are legitimate, and the imposition of a tax on families who place the ages clothings greatest burden on and make the greatest use of the school and recreational facilities is rational. Even the duration of residence classification is rational, as the facilities may have been adequate for existing families but not for the increased strain of medical anthropology topics new families that require new facilities. The only hope for ages clothings an equal protection success is to invoke fundamental rights theory. Though education is not a fundamental right, the frankenstein Court has recognized fundamental rights to clothings travel and to vote under the Equal Protection Clause. If Pat and Paul could successfully equate durational residency requirements here with those for voting, they could subject the ordinance to strict scrutiny and have it stricken. Of course, durational residency requirements for voting touch more on erik erikson's stages of development the fundamental right to vote than the right to domestic travel, and thus strict scrutiny is unlikely in this non-analogous situation. And even if the ordinance were stricken, the middle ages clothings City could simply enact a tax on all families with two or more children and still reach Pat and Paul. [3] INJUNCTION AND SANCTIONS FOR PRIVACY ORDER.

The final issue involves the constitutional validity of the courts non-disclosure order and how does end, of the injunction against clothings, further disclosures. How Does. At the outset, it is important to note that the press has the same First Amendment rights as ordinary citizens, and that the government has no duty to open itself or its records to clothings the press with the exception of trials, from A Comparative Analysis in Celtic and Native American Cultures which the press cannot be excluded. NON-DISCLOSURE ORDER AND SANCTIONS. Because the government need not make information available to the press, its non-disclosure order was permissible. Middle Ages. However, if the court did not simply keep the information from the press-which it may not even have been able to do-but instead prohibited the frankenstein press itself from disclosing the ages information then, the Courts order amounted to a prior restraint on speech. In order to be valid, a content-based restraint on speech such as this must survive strict scrutiny-meaning it must be necessary to serve a compelling government interest.

While the government may have a compelling interest in protecting citizens fundamental privacy interests, the courts ability to erik stages order sanctions ultimately does not turn on the validity of its order. Middle Ages Clothings. Rather, under the collateral bar rule, the City attorney (and the press, if the nondisclosure order included them), may be held in contempt without being able to challenge the validity of the personal beliefs order. If the clothings injunction applies only to the City attorney, it will likely be valid as a prior restraint on speech if the court finds the ideas Essay order necessary to middle clothings compelling privacy interests. Erikson's Stages. If applied to the press, a similar prior restraint analysis will be followed. Answer B to Constitutional Law Essay 1. In order to pursue a claim in federal court, Paul and Pat need to show that they are or imminently will suffer personally an middle clothings injury which is redressable by how does end, the court. This is required for the cases and controversy requirements of Article III. Here, Paul and Pat do not currently have children. In fact, they have only applied to adopt twins.

If they do not get twins, the city tax will not apply to them as it only affects new residents with two or more kids. However, if Paul and Pat can show that they will be able to get kids, they can show they have standing because they are new residents within the tax law. In order to pursue a claim, Paul and Pat also need to show that the claim is ages, ripe that is, a full-fledged controversy is apparent and the record is complete enough for the court to how does end review it. Here, the tax has not been applied to Pat and Paul yet and they are asking for a declaratory judgment. A court will grant a declaratory judgment only middle clothings if: 1) the personal record will allow meaningful review, and 2) the hardship without review will be great. Here, if Paul and middle ages, Pat can argue that the tax is dissuading them from adopting, then that could be a serious hardship. However, the City will argue that they suffer no hardship yet as their application is still pending.

The court will balance these arguments but will likely find they have standing due to the pending adoption, and the case is ripe, as they have enough information to see how the tax would actually work. Even assuming the court finds no standing, it is still necessary to go through the currys arnold argument. The court should note that this is not an issue of taxpayer standing which is middle ages clothings, generally non-justiciable. Paul and Pat are alleging personal injuries-in-fact. 2. ALLEGED CONSTITUTIONAL RIGHTS. a. SUBSTANTIVE DUE PROCESS RIGHT TO PROCREATE. Paul and Pat can argue that the tax violates their fundamental right of privacy to medical anthropology have children. This is fundamental per the U.S. Supreme Court, and as such is subject to strict scrutiny. Ages Clothings. This law can only be upheld if it is necessary to currys arnold achieve a compelling government interest. But first, note that the state action requirement is not because this is a city directly taxing its citizens.

Also, the clause is in issue via the 14th Amendment. Middle Clothings. As noted, this law must meet strict scrutiny. The city must show there are no less restrictive ways of accomplishing its goals. Here, the tax only affects new residents with two or more kids. The goal is to raise money for schools and recreation areas. While an important interest, it may not be seen as compelling. Certainly school revenue is currys arnold, compelling but recreation areas may not be. Additionally, it is not clear that the city is using the least restrictive means or that this law is necessary.

It could be that families with one kid cause increased costs or that many new residents send their kids to private schools. If so, this law does not meet its goal or affect the right people. There are other taxes available to the government, such as across the board property taxes which could accomplish similar results. Therefore, it is middle ages, likely that the law could be struck down and therefore the motion to dismiss should be denied. b. EQUAL PROTECTION CLASSIFICATIONS. The state action requirement is still met as discussed above. The EP clause applies to the states via the personal beliefs 14 th Amendment. Paul and Pat can argue that this law denies them the equal protection of the middle ages laws. Here, there is of Shamanistic, a classification on the face of the law it differentiates between old and new residents. This classification must meet only a rational basis test, unlike other classifications like race and alienage, which are subject to strict scrutiny.

Here, Paul and Pat must show that the clothings law is erik erikson's stages of development, arbitrary and irrational that it is not reasonably related to a legitimate goal. If the City has found new residents are adding to these costs, then the law is also reasonably related to its goal. Therefore, the law would not be struck down on this ground. c. EQUAL PROTECTION RIGHT TO TRAVEL. The State Action doctrine is the same as discussed above. However, Paul and Pat can also claim that this tax violates their fundamental right to migrate state to state. The right to travel under the E.P. Middle Clothings. clause is subject to the strict scrutiny clause mentioned above. Usually the right to travel between the states is involved, and here it is the right to migrate between cities that are involved. Medical. Thus, the city can argue that this right is ages, not implicated by its terms. Therefore, this would not be a good argument for Paul and Pat to raise.

However, if the argument was found to have merit, then the same factors as discussed in the earlier strict scrutiny analysis would apply, and anthropology, the law would likely be struck down. d. DUE PROCESS ECONOMIC REGULATIONS. If Paul and Pat try to attack the tax as an improper economic regulation which denies them due process, they would again be subject to the rational basis test. It would be their burden to show it is ages clothings, not reasonably related to currys arnold a legitimate government purpose. For the reasons already stated, they would likely lose this argument, and thus it is not good grounds to challenge the clothings tax. Paul and Pat can also argue that the A Comparative American tax denies them procedural due process. They need to show an intentional (or reckless) deprivation of a life, liberty, or property (entitlement) interest. Clothings. Here, the city is beliefs, not depriving them of their right to have children. They are simply taxing them. Taxes generally do not require much process.

Paul and middle ages, Pat would not be entitled to a hearing because they have not suffered a deprivation due to the tax. f. FIRST AMENDMENT CONCERNS. Paul and medical anthropology, Pat have amended their complaint to ask for an injunction to prohibit disclosures regarding their adoption. They would also like the court to sanction the City Attorney for violating the court order. The court ordered that all information regarding the adoption be kept confidential. This amounts to a content-based prior restraint on speech. Clothings. As such, it is subject to a strict scrutiny analysis. Prior restraints on speech are presumptively invalid due to the chilling effect such a government regulation would have upon speech. In order to uphold a prior restraint the government must have a compelling governmental interest at stake. Here, it can be argued that the court was trying to protect Paul and Pats privacy and to prevent anyone from erik of development jeopardizing their ability to adopt twins.

As adoptions are becoming more difficult, and babies hard to come by (if they were adopting babies), then the order may be seen as serving a compelling interest. However, the City can argue that it was not necessary. The court could have ordered redaction of names instead of middle ages a complete ban. However, because certain public documents like the complaint are already in the record, redaction might not have been effective. Therefore, a good argument can be made that a ban was necessary. If the order is seen as necessary to achieve a compelling purpose, then the how does frankenstein order was appropriate and should be upheld.

VIOLATION OF ORDER COLLATERAL BAR RULE. If a prior restraint is proper, one may not violate it and then defend against punishment by asserting its unconstitutionality. This is called the Collateral Bar Rule. Middle. The City Attorney should have appealed the order instead of violate it. On the other hand, the government may not punish the dissemination of truthful information lawfully obtained. Erik Stages. Here, the City Attorney published truthful information regarding Paul and Pat.

lthough it is a close call, the middle ages clothings order will most likely be seen as invalid, the injunction will not be issued, and of development, the Attorney not sanctioned because it was the publication of truthful information. Ages Clothings. Therefore, the Court will likely find that Paul and Pat have standing to challenge the tax, and the Citys motion to dismiss will be denied because Paul and Pat have alleged at least one ground for overturning the tax (violation of fundamental right to privacy protected by substantive due process).