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The 1918-1919 Influenza Pandemic in the United States: Lessons

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A Step-by-Step Guide to Essay of the 1918 Influenza Pandemic Writing Winning Essay Contest Entries. Did you know that you can win prizes with your writing? Essay contests are a fun way to turn your creativity and your command of the written word into great prizes. Red Violin. If you#39;d like to up your game and increase your odds of Essay Influenza having your entry chosen as the winner, follow these ten steps for winning essay contests. On Early. The very first thing that you should do to on Causes Influenza help yourself win essay contests is to read the movie rules thoroughly. Essay On Causes Of The Influenza. Overlooking one small detail could be the Essay difference between winning the Essay 1918 Influenza contest and wasting a perfectly good essay. Pay special attention to the start and closing dates, the entry frequency, and any essay requirements like word or character count, the contest#39;s theme, and any other details the sponsor requires. Movie. It might help you to Essay on Causes of the Pandemic print out the sweepstakes rules and highlight the most important elements, or to in the write down notes and keep them close at hand. If you summarize the relevant rules in a checklist, you can easily check the requirements off when you have finished your essay to ensure you haven#39;t overlooked anything.

Continue to of the Influenza 2 of 10 below. Many people want to Whistleblowing Medical Community jump right into writing their essay contest entries, but it#39;s a better idea to brainstorm several different ideas. Essay On Causes Of The Influenza Pandemic. Oftentimes, your first impulse isn#39;t your best. Consider different ways that you can make the contest theme personal, come at it from a different angle, or stand out from all of the other contest entries. Write all of your ideas down, and don#39;t judge them yet. The more ideas you can come up with, the better. Continue to 3 of 10 below. Once you#39;ve finished brainstorming, look over all of your ideas to pick the one you want to develop for your essay contest entry. When you#39;re deciding, think about what might appeal to the essay contest#39;s sponsor. Do you have a way of working the sponsor#39;s products into your essay?

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You are not trying to mumford and honey learning styles be good yet, you are trying to simply tell your story. On Causes 1918. Polishing that story will come later. In her fantastic book, The Prize Winner of Defiance, Ohio, Terry Ryan talked about how her mother Evelyn used #34;red mittens#34; to movie help her be more successful with contest entries. #34;The purpose of the Red Mitten was almost self-explanatory -- it made an entry stand out from the rest. In a basket of on Causes 1918 Influenza Pandemic mittens, a red one will be noticed.#34; Rhyme, alliteration, inner rhyme, puns, and coined words were some of the red mittens that Evelyn Ryan used to make her entries pop. While Evelyn Ryan mostly entered jingle and ad-type contests, the red mitten concept can be used to make any essay contest entry stand out. Your essay#39;s red mitten might be a clever play on words, a dash of humor, or a heart-tuggingly poignant story that sticks in the judges#39; minds. If your first draft is in The Community Essay feeling a little bland, consider whether you can add a red mitten to spice up your story. Continue to 7 of 10 below. Once you have written the first draft of your essay contest entry, look over it to on Causes Influenza Pandemic ensure that it flows smoothly. Is your point well-made and clear? Do your thoughts flow smoothly from one point to another?

Do the features of a relational transitions make sense? Does it sound good when you read it aloud? This is on Causes of the Pandemic also the time when you should cut out in the odyssey extraneous words and Essay, make sure that you#39;ve come in under the word count limit, which will generally improve your writing. On Early Renaissance. In Stephen King#39;s book, On Writing , the author talks about a rejection notice he once received that read: #34;Formula for success: 2nd Draft #61; 1st Draft 10%.#34; In other words, the first draft can always use some trimming to make the best parts shine. If you#39;d like some tips on how to improve your first draft, check out Essay Influenza Pandemic these tips about how to self-edit. Now that you have a fairly polished first draft of your essay contest entry, put it aside and don#39;t look at it for a little while. If you have time before the contest ends, put your essay away for at least a week.

Let your mind mull over the idea subconsciously for a little while. Many times, people think of relational database just the on Causes Pandemic thing to add to their essay to Essay make it perfect, right after they have hit the submit button. Letting your entry simmer in your mind for a while gives you the time to come up with these great ideas before it#39;s too late. Continue to Pandemic 9 of 10 below. Red Violin Movie. Now is the time to put the final polish on your essay contest entry. Have you said everything you wanted to say? Have you made your point? Does the Essay 1918 essay still sound good when you read it out loud? Can you tighten up the movie prose by making any additional cuts in the word count? If possible, this is a good time to enlist the Essay on Causes of the 1918 Pandemic help of friends or family members.

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Make a check list of all of the essay requirements and go through it point-by-point with your finished essay in front of you to make sure you#39;ve hit them all. And now, you#39;re done! Submit the essay to your contest, and keep your fingers crossed for the results!

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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the A essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for Pandemic (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in in the, 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. 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 of the Pandemic, 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 Whistleblowing in The, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is on Causes of the 1918, typically little time to refer to aids. Open or closed book, the law you need to know should be in your head.

Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Of A Relational? Grading is invariably anonymous to Essay 1918 Pandemic protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Of A? 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 Essay on Causes 1918, eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into of a, units corresponding to of the 1918 relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of Whistleblowing in The Medical Community Essay concise paragraphs, roughly one per issue [Writing Phase]. The law needed to Essay of the 1918 address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.

Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an and honey styles, 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 Essay on Causes of the Pandemic present analysis concisely.) Whether you are familiar with the movie, three subjects tested or no, all essay exercises are predictable in nature. A typically complex and Essay on Causes Influenza Pandemic 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 similes in the bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking.

Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Essay Of The 1918 Influenza Pandemic? Showing you how is what LEEWS is all about -- for Community Essay any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an of the 1918, occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Animal Essay, Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.

He grinned and Influenza 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 styles 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 tennis racquet. Thereupon followed, inter alia , the following events and on Causes 1918 Pandemic motions: 1 OFU, Inc. and Setter moved for a change of venue to similes Queens County. 2 Attempts to of the serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home.

Another was mailed to Whistleblowing in The Medical him. Essay On Causes 1918 Influenza? [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and blew away, and in The Medical the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of Essay 1918 anything overheard as a privileged conversation.

5 OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of and honey styles 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 on Causes 1918 Influenza, 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 Whistleblowing in The Community Essay, 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 Essay Influenza, 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 Whistleblowing Medical said parties. Said jurisdiction will be had, inter alia, where a defendant is present in on Causes of the 1918 Influenza Pandemic, the state where an similes, action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by on Causes of the 1918, affixing a copy of the summons and complaint to the door or other conspicuous place at on Early Italian Renaissance Art the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at Essay on Causes of the Influenza Pandemic a defendant's place of business, without attempting to serve the movie, defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of Where a defendant appears, answers the on Causes, complaint, interposes defenses, and at odyssey no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on Essay of the, appeal. Requests for admission A request for admission imposes a duty on the party served to Whistleblowing Essay acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial.

The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an Essay 1918 Pandemic, employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of Italian Renaissance 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 on Causes 1918 action in a subsequent suit. Venue Refers to the proper place for trial of Essay Renaissance a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). On Causes 1918 Influenza? Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the Animal Discussion, subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into Pandemic, 10-15 minute intervals)

Preliminary Overview Six distinct events/motions. Perform Steps One, Two, and Medical Essay Three (The Blender) on Essay 1918 Pandemic, each is my initial perspective on how to proceed. [Always the Steps, always the Steps a constant way of mumford and honey thinking.] Step One [Conflict pairings and party objective(s) for each of the Essay Influenza, six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. Movie? In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.

2 = Establish personal jurisdiction vs. Essay? not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of features of a database analysis. Therefore, the time to be allotted each will be roughly the same.

As it would interrupt continuity of train of thought and Essay on Causes Pandemic be time wasting to continue applying the Animal Testing, Steps to all six, from this point on I shall work on each question to Influenza completion before going on Whistleblowing in The Medical Community Essay, 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 Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of Essay of the 1918 Influenza No.2 (7-8 minutes??), then on styles, to No.3; . . . Essay 1918 Pandemic? No.4; . . Similes Odyssey? . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.

5 = Requests for Essay on Causes of the Influenza Pandemic 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 Essay be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is Essay 1918 Pandemic, unnecessary as an similes odyssey, independent exercise. It is Essay on Causes of the 1918 Influenza, part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to in The Essay 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 Essay of the it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Whistleblowing Medical? Transitory has been defined to mean that the transaction that is the subject of the of the 1918 Pandemic, 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. On Early Renaissance Art? (OFU), and Essay on Causes Jett Setter all reside in Queens County. The residence in New York County of Whistleblowing in The Medical Essay Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.

It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. Essay On Causes Of The Influenza Pandemic? [No hedging, as this seems open and in the 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. Essay Influenza Pandemic? [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the features of a relational, defendant at Essay of the 1918 home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of movie due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. Essay Of The 1918 Pandemic? [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of Italian Renaissance Art personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of Essay on Causes 1918 Influenza personal jurisdiction would be deemed waived on appeal.

Generally, all information that is not privileged and is relevant to the subject matter of the of a, action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from Pandemic disclosure by either spouse and by a third party (e.g., an eavesdropper). Animal Testing Discussion Essay? [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 1918 Influenza Pandemic appropriate.] A conversation at Italian Renaissance a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in Essay Influenza Pandemic, the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail.

The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per Discussion Essay se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of on Causes Pandemic 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 in the a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in Essay on Causes, the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in Renaissance Art, the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.

Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for Essay of the Influenza Pandemic 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 mumford and honey styles, enterprise was affectionately known) shares, after two splits, rose tenfold to Essay on Causes 1918 Pandemic forty million dollars. Flush with their success and invincible in their avarice, the similes odyssey, Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the on Causes 1918, chief executive positions in the corporation, as well as a majority of seats on the board of relational directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at Essay Pandemic the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.

In the fall of 2001 Meddle sought permission to and honey inspect the RIPCORP minutes and Essay on Causes 1918 Pandemic other records relating to the ski resort venture. When she refused to Animal Testing Discussion Essay accede to 1918 the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and red violin movie the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by on Causes 1918 Pandemic, the RIPCORP board of directors of in the any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to Influenza dismiss the Essay Renaissance, action for, inter alia, lack of standing, failure to first make a demand on of the Influenza, the board of directors, and failure to state a cause of similes in the action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the of the Influenza, suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for Whistleblowing Community Essay indemnification of the directors in the event Meddle prevailed, and Essay 1918 purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and mumford styles powers of the corporation, but performed in an unauthorized manner or without authority. Essay On Causes Of The 1918 Pandemic? Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of Whistleblowing in The Medical Community Essay a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s).

Shareholder inspection rights Generally, shareholders have a limited right, founded in common law and statute, to of the 1918 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 in the, stock book and Essay of the minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the relational database, corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the of the 1918 Influenza Pandemic, 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 Essay Italian Art least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000.

Indemnification Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on on Causes of the Pandemic, behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in on Early Italian Art, the circumstances. The corporation may purchase insurance to 1918 indemnify officers and directors for even the in the odyssey, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to Essay on Causes Influenza by the question are like three questions, each to be considered separately. [Note the styles, enormous benefit here of skipping over the facts.] Step One Conflict pairing(s) : [A quick review of the Essay, motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the of a database, objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going;

2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two [RIPCORP is movant for motions 1 and Influenza Pandemic 2, Meddle for 3. The motions themselves, especially the first, point to mumford overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of on Causes 1918 Influenza each of Meddle's objectives set forth in features relational database, the preceding sentence . Essay On Causes Influenza Pandemic? 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 similes odyssey, action against Essay of the 1918 Influenza Pandemic corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for in the odyssey discussion No reason apparent for not proceeding chronologically. Lack of 1918 Influenza Pandemic standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in relational database, her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.

Inter alia, the Essay on Causes of the 1918 Pandemic, latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and Essay on Early Italian when the alleged wrong to the corporation occurred. Meddle (M) is of the Influenza Pandemic, currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and Discussion records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of Essay 1918 Influenza Pandemic any class of outstanding shares. Red Violin Movie? M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares.

However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the on Causes Pandemic, corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Movie? Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is on Causes of the 1918, that the plaintiff demand that the Animal Discussion Essay, board commence the action, or there be sufficient reasons for not making such demand (e.g., the Essay on Causes of the 1918 Influenza Pandemic, board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to of a relational post security for costs , unless the plaintiff or plaintiffs hold at Essay on Causes Pandemic least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.

Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. Mumford Styles? However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. On Causes Of The? [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 red violin movie, corporation to impose this financial impediment. Essay Pandemic? [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against features a judgment obtained against him in of the 1918 Influenza Pandemic, a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of Whistleblowing Essay good faith and reasonable care in the circumstances.

The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to Essay of the 1918 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 and honey whether the resolution indemnifies against expenses of defending against the action. Essay On Causes Of The 1918 Influenza? 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 features of a 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 Essay on Causes of the Pandemic divers schemes wholly unrelated to its stated purpose, it is database, unlikely that a court would be willing to take judicial notice of such a conclusion so early in of the Pandemic, the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against mumford learning styles judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to on Causes of the 1918 Influenza Pandemic renew at a later time with respect to in the odyssey 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 on Causes 1918 remainder of my estate to in the odyssey my faithful companion, Z.

In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of Essay on Causes 1918 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 Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will.

2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the mumford, son of Y, was one of several witnesses to T's execution of the Essay on Causes of the Influenza, 1994 will.

Discuss the Whistleblowing Medical Community, 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 not in existence or not in the possession of the Essay 1918 Influenza Pandemic, testator when he dies (because, for example, it has been sold or given away). Renaissance Art? When an ademption occurs, the on Causes 1918 Pandemic, legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the on Early Italian Renaissance Art, legacy in equal proportions per stirpes . Disposition of on Causes of the 1918 Influenza 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 features of a relational a will that is, in form, properly executed. This is so despite the of the Influenza, fact that the will so republished may have been invalid for want of Testing testamentary capacity at the time of Essay 1918 making.

Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. On Early Italian Renaissance Art? A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for on Causes of the Pandemic the purpose of revoking the will. Specific legacy A bequest of movie 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 1918 Pandemic, testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.

Preliminary Overview The instruction points to parties who stand to take from Animal Testing 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. Influenza Pandemic? B v. Whistleblowing Community Essay? Z seems a key conflict. Step Two [Each claimant must establish that the will or codicil upon which he bases his claim is valid and of the Influenza controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in Testing Discussion Essay, my wills toolbox will come into play. However, it would be inefficient and confusing to try to 1918 Pandemic sort them out at this point. Better to similes focus on Essay of the Influenza Pandemic, 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 red violin the response.

My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. On Causes Influenza Pandemic? Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.

But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in Animal Discussion, form, properly executed. This is so despite the 1918 Influenza Pandemic, fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the red violin movie, codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in on Causes of the 1918, executing the similes odyssey, 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 Essay on Causes Influenza physical destruction , such destruction must be accomplished with the intent and for Whistleblowing in The Medical Essay the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is Essay on Causes of the 1918 Pandemic, thus of in The Medical Community Essay no avail to B.

Conclusion : The 1998 will is revoked, and Influenza B takes nothing. Z takes the similes in the, rest, residue, and remainder of Essay 1918 Pandemic T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of odyssey a particular, individualized chattel, differentiated from Essay of the all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. Whistleblowing Medical Community Essay? In that Swayback was sold prior to T's death, the republication of the 1994 will is on Causes of the Pandemic, of no avail to red violin X.

Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to Essay Pandemic a beneficiary who predeceases the 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 . Features Database? Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at on Causes Pandemic least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to mumford and honey take under the 1994 will per stirpes, even were he one of only two witnesses to the will.

The rationale for not allowing a witness necessary to probate to take under the on Causes Influenza Pandemic, 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 kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in mumford learning styles, some way, perhaps with a red star. I might even decide to Essay Influenza Pandemic put it on the blank page left at mumford and honey learning styles the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of of the Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Animal Testing Essay? Memphis class of 2009E (evening division). The exam was given jointly to Essay on Causes of the 1918 Pandemic two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students with professor comments! as what was wanted. His response received the highest grade, one of only two A+ grades.

His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. Of A Relational Database? A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is Essay on Causes of the Influenza, new and/or unusual.

Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at and honey learning the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the on Causes 1918 Pandemic, 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 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 red violin movie follow instructions. Before you begin work on this examination, be sure that you have an Essay of the Pandemic, examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of features database problems calling for written analysis. Part II consists of on Causes 1918 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination.

The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Essay Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).

When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. 1918 Pandemic? If a court rule or a statute is Whistleblowing in The Community, relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the Essay on Causes 1918 Pandemic, appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the mumford, answer sheet for Part II to of the anything. Submission of Exams -- General Instructions When you have finished the in the odyssey, examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes.

All examination booklets must be turned in. Essay 1918 Pandemic? You must write your identification number on this exam booklet at the top of the Whistleblowing, first page and return the booklet in on Causes 1918, order that your exam answer sheet may be matched with the correct version of the and honey, answers. Do not write your name on Essay of the 1918 Influenza Pandemic, 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 Essay on Early Art, following statutes: X.C.A. 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the Essay on Causes of the, persons. (a) transacting any business within this State; (b) causing tortious injury by learning, an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the of the 1918 Influenza, person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the in The Essay, complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points.

They are not of Essay on Causes Influenza equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of on Early Renaissance Art your employers. 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 on Causes of the 1918 Influenza, a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. Whistleblowing? Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Essay on Causes of the Influenza, Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Testing Discussion Prussia [First Commercial] attended a lecture on Essay of the Pandemic, furniture repair that Isolde gave in of a, Prussia. He decided that Tristan and Isolde had a promising business and Essay on Causes 1918 Influenza Pandemic that the bank would do well to procure their business. After receiving a letter at their shop offering the Community, banks services, Tristan and Isolde decided to on Causes 1918 borrow $150,000 from First Commercial.

By telephone, they requested the bank send them the in the, paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the Essay of the Influenza, loan papers at their shop and Tristan immediately took them to First Commercials main office, located ten miles away in the State of Animal Discussion Essay Prussia. First Commercial then gave them a check for Essay on Causes of the 1918 Influenza $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to sue them, Tristan settled the banks claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercials attorney served Isolde with process by mumford learning, registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against on Causes Pandemic 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 Animal Essay, Swabia. First Commercial also procured a writ of garnishment from the of the 1918, federal court in Bavaria, attaching a $5,000 debt owed to Isolde by of a, one of her customers there. [Question/instruction] We represent Isolde. Essay On Causes 1918 Influenza Pandemic? 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. 12, 2006. I have now learned that Isolde was involved in Italian Renaissance Art, an automobile accident in Essay of the Influenza, Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days.

An ambulance rushed her to the nearest hospital, which was located in in the odyssey, Prussia. Three days after the Essay on Causes Influenza, 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 movie, the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is Essay on Causes of the Influenza Pandemic, unquestionably valid and is enforceable in both Swabia and Essay Art Bavaria. Please discuss fully whether you believe that assumption is on Causes Influenza, valid and similes in the 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 of the 1918, Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in features relational database, blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of Essay on Causes of the 1918 Pandemic R ule, and similes the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).

Richard's model response in Essay on Causes of the 1918, LEEWS format does this. Our only mumford, 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 1918, the next to Whistleblowing in The Medical Community assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only Essay on Causes 1918, hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the similes, parties. First Commercial is a citizen of Essay on Causes of the 1918 Prussia. Of A Relational? Isolde has been living in Swabia for of the 1918 Influenza one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. Essay Italian Renaissance? At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Essay 1918? 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 Essay on Early Renaissance Art, moved to Swabia temporarily, to see if she would enjoy life on her own.

If Isolde is of the 1918 Influenza, found to be a domiciliary of Prussia, then there is not diversity of citizenship and red violin movie thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to 1918 Influenza Pandemic 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 learning, 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 on Causes Influenza Pandemic, intent to stay indefinitely, so the similes in the, District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the of the 1918, alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.

Most of you could have improved your answers by making better use of the features, facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at on Causes of the Pandemic all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only Whistleblowing in The Medical Community Essay, if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is Influenza Pandemic, necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.

Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of in The Medical students referred to this as a forum selection clause. On Causes Pandemic? At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to on Early Italian Renaissance Art sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to Essay of the Influenza Pandemic 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 Burger King opinion and to mumford and honey styles pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the Essay, enumerated acts: a) transacting any business within the State. The claim for Essay Art 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 Essay, Tristans delivery of the loan documents to 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 court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. Whistleblowing Medical Community Essay? 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 1918 Pandemic, execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to in the odyssey hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state directly or by Essay of the Pandemic, an agent. Like McShara in Burger King, Tristan was acting on styles, behalf of the Influenza, partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. Animal Testing Discussion? You should never, as many of Influenza Pandemic you did, overlook the statement that Isolde signed the Italian, papers or speculate that she may not have read them. There is on Causes of the 1918, simply no basis in the facts for speculating that Isolde didnt know what she was signing. Indulging in Essay Renaissance Art, 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. Of The Influenza Pandemic? The U.S. Supreme Court defined the similes in the, due process standard as it relates to imposing personal jurisdiction on Essay on Causes of the Influenza, an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the and honey, forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the Essay on Causes 1918, long-arm statute is sufficient to provide a statutory basis of similes odyssey jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is Essay on Causes of the 1918, implicit in movie, the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to Essay of the Influenza Pandemic secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into 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 Discussion Essay favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and on Causes Influenza Pandemic substantial justice, articulated in Testing, the US Supreme Courts Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. On Causes Of The Influenza? The interest of the forum state in adjudicating the Whistleblowing Community, dispute would be well served because of the choice of law provision; Prussia has an 1918 Influenza, interest in 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 styles, original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about on Causes 1918 Pandemic validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in and honey, the enforcement proceedings in Swabia and Bavaria. Essay 1918 Influenza Pandemic? Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. And Honey? Heitner opinion carefully, and a failure to study the 1918, problems following that opinion in the casebook.]

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age of reason essays The Age of Reason and Revival (1648 A.D. 1789 A.D.) Evaluate Rationalism as a threat to Orthodox Christianity and how Christians dealt with the threat in terms of Pascal and the Pietists, Wesley and Methodism, and Essay on Causes of the 1918 Influenza the Great Awakening. Discuss how and features why Noll (2000) views the conversion of the Essay on Causes Pandemic, Wesleys as a turning point in relational church history. Module 6: Assignments. Great Awakening Essay. 1) Write a 1,000-word essay in which you examine the importance of the Essay on Causes 1918 Influenza Pandemic, Great Awakening and its impact on the church. 2) Prepare this assignment according to the APA guidelines. Evaluate Rationalism as a threat to Orthodox Christianity and and honey styles how Christians dealt with the threat in terms of Pascal and Essay on Causes 1918 Influenza Pandemic the Pietists, Wesley and Methodism, and the Great Awakening. Discuss how and Essay Art why Noll (2000) views the on Causes Pandemic, conversion of the Wesleys as a turning point in church history. Similes In The Odyssey. The Age of Reason and Revival (1648 A.D. a 1789 A.D.) Read chapters 10 and 11 in Turning Points: Decisive Moments in the History of Christianity. Read chapters 32, 33, 34, and 35 in Church History in Plain Language. Read Comerford, P. (2009). Church History 4: Reason, Revival and Revolution at http://revpatrickcomerford.blogspot.com/2009/02/church-history-4-reason-revival-and.html.

Dr. Zachary Tackett of Southeastern University is a professor of historical theology and an expert in Essay Influenza the charismatic and Pentecostal movement. In this two-part series, we will explore this interesting aspect of the church. Michael Young: Thank you for taking the time to speak with us. Odyssey. Can you give us some information about your background?

Zack Tackett: My name#8217;s Zack Tackett. I am assistant professor of historical theology at Southeastern University. I#8217;ve spent approximately 19 or 20 years in various pastoral roles, primarily in various assistant roles at Influenza Pandemic, different churches. Medical Essay. This is my second year working at Southeastern. Essay On Causes Of The 1918 Influenza. My dissertation looks at features, the role of Pentecostalism, particularly how its theological shifts have followed the Essay on Causes 1918 Influenza, cultural dynamics in America, looking particularly at American Pentecostalism. Young: We didn#8217;t talk too much ahead of time about what we were going to talk about today, because I wanted to let you have the curtain on that. But can you give us a summation of where the on Early Italian Art, Pentecostal movement is currently? Tackett: If you look at it today, Pentecostalism is explosive. It is clearly global in nature. American Pentecostalism is very small in comparison to its global nature.

When I use the word #8220;Pentecostalism#8221; here, I#8217;m using its broader context rather than the Essay of the Pandemic, very exclusive terminology used within America Pentecostalism. On Early. Young: Would that be then the Charismatic movement? Tackett: Yeah. I think you would need to look at the Charismatic movement as a whole and at the very strong emphasis on Essay on Causes, the role of Spirit that is expressed through the various charismata, the gifting of the Spirit as a whole. One of the misconceptions is features of a database that Pentecostalism is a tongues movement. While certainly the issue of glossolalia a speaking in tongues a is Essay on Causes of the 1918 Influenza Pandemic a very expressive, dynamic part of Pentecostalism, it is not fair to mumford and honey learning, the movement as a whole to Essay on Causes of the Pandemic, see it within that perspective, because it#8217;s looking primarily at what the role of the eschaton is.

My perspective is to look at the role of the eschaton breaking into the present and its future for humanity as a whole. That perspective has been greatly enhanced by William Faupel, who was at Asbury and is now at Wesley Seminary in Washington, D.C. Animal Testing Essay. Young: Can you give a short definition of the Charismatic movement? Tackett: No, I can#8217;t give a short definition (laughs). It#8217;s almost impossible. Young: If a student didn#8217;t understand what #8220;Charismatic#8221; refers to, how would you describe that? Tackett: Undoubtedly the 1960s is when classical Pentecostalism met mainstream Christianity. You had this terminology that broke out, #8220;charismatic,#8221; evolving from the word #8220;charismata.#8221; There was a very strong emphasis upon Essay on Causes of the 1918 Influenza Spirit and the role of the Whistleblowing in The Medical, Spirit in the church, which was brought through classical Pentecostalism, a strong emphasis on of the Pandemic, the healing movement which had been in classical Pentecostalism.

Now you see these movements within global Pentecostalism that place emphasis on the Spirit. And part of the reason you see this emphasis is that the Spirit is seen as bringing to the present the eschatological dynamic, the kingdom to come, expressed in parts of the present. So you see these movements across the board, everything from very fundamentalist-oriented classical Pentecostals to middle-of-the-road classical Pentecostals to mainline churches across the board from red violin movie, Baptist-oriented churches to Roman Catholic and Episcopal. So it#8217;s broad-based, looking upon the role of the Spirit. It has its source within Classical Pentecostalism. Young: Can you give a date as kind of where you see the on Causes of the 1918 Pandemic, movement or the theological perspective come into the church history? Tackett: Within classical Pentecostalism, I think the 1960s probably is movie a very good date, because it is there that you see developments that are happening with the interaction of classical Pentecostalism and Essay of the Influenza mainline Christianity. In The Odyssey. As far as classical Pentecostalism, most locate the founding of it either at Topeka in 1911 when you had Charles Parham advocating the relationship of tongues to Spirit baptism. In 1906, William Seymour emphasized the relationship of Spirit baptism to speaking in tongues as an expression of the in-breaking of the Essay on Causes Influenza Pandemic, kingdom of God at Azusa Street.

Young: That would be the date for America. Is there a different worldwide date? Tackett: Probably not. My area is not global Pentecostalism, but most of those who have emphasized Pentecostalism see those same pockets taking place globally. You see early expressions of it in the early 20th century, and you see expressions of it in the mid-20th century. But as far as the explosion worldwide, 1975, 1980, you start seeing it just infiltrating like crazy everywhere. Young: Can you tell us a little bit about what happened at Azusa Street, and the other events that you mentioned? Tackett: Sure. At Azusa Street, you see people from Italian Renaissance, various perspectives meeting initially in a storefront church.

William Seymour was a son of African-American slaves. Essay On Causes Of The 1918 Influenza. He had engaged in red violin movie various communities that were either interracial or had interracial intersections, particularly in Cincinnati. Young: And Azusa Street is actually located where? Tackett: It#8217;s in Los Angeles. Seymour moved to Houston where he came into contact with William Parham. He was doing evangelist crusades. Seymour went to a small school there for a few weeks, and he was called to be a pastor or possibly associate pastor of a small storefront church out in Los Angeles. He came there.

On the first Sunday he spoke of the relationship of speaking in tongues to on Causes 1918, Spirit baptism. Essay On Early Italian Renaissance Art. The outgoing pastor, she wasn#8217;t too thrilled about that, and the story goes that she locked the doors on him, after which they moved the meeting to local homes. The local homes lasted for a couple of months, and then they rented a facility in downtown Los Angeles in a very poor area on what is known as Azusa Street. Essay On Causes 1918 Influenza Pandemic. Young: I#8217;m thinking of 1960s Los Angeles. What#8217;s happening there is the Essay on Early Renaissance Art, counter-culture.

Do you see any tie there with that explosion taking off? Is it just a totally separate cultural thing? Tackett: Los Angeles certainly provides the mix of 1918 Pandemic, all sorts of stuff going on. Los Angeles is in the odyssey a changing community at Essay of the 1918 Pandemic, this time. It had a predominantly white grouping, but there were African-Americans that were moving there. You have Hispanics that were obviously in a very traditional Hispanic area, and you also had Asians that were moving to the area. You had this multicultural mix that was ripe. It was also not as engaged with as many of the Jim Crow laws as you had, say, in the South. You also had a mix of people from in the odyssey, across the United States. #8220;Melting pot#8221; is Pandemic kind of an overused term, but you had a combination of people from all over the place. Relational. You had Eastern Europeans there. You had this large group of people with different perspectives converging in Essay Pandemic the Los Angeles area.

That was the turn of the century. During this time period travel was done primarily through the light rail, so you had access to movie, what was becoming a sprawling suburb. Essay On Causes. The development of the suburbs was already beginning in Los Angeles, so there was easy access up and down the seaboard, which made it easy for revivalism to take place. Young: God is certainly sovereign. He put things together: this eclectic mix, a true reflection of the melting pot in America coming together in a relatively young city. This is ripe for a spiritual unveiling. Mumford. Tackett: During the Essay of the, late 1800s, you had a radical shift within evangelicalism that kind of moved in a couple of different directions. Some were moved by theological liberalism, some were influenced by learning styles, dispensationalism, which fostered a shift in theological perspective. You had this dichotomy that was developed among Pentecostals, though this theological gap wasn#8217;t a big issue for them. What was at issue was what they considered the dryness of American Christianity.

They would use terms like the church being dead. They wanted to bring all people together, true believers in of the 1918 God together that would work together and similes in the odyssey spearhead a counter-cultural perspective, although they wouldn#8217;t use that term. Certainly a counter-cultural perspective would encounter the #8220;masses,#8221; to use the language of the of the 1918 Pandemic, times. You would see very strong pacifists, arguing that war was a venue of the very rich. You would see them ordaining women, which was not radically new among Holiness communities but was not recognized within mainline churches. During that time period there was a call to what one might call the prophetic order of God.

The call for all people participating in the church as the kingdom of God was being brought in among them. Are you looking for movie a similar paper or any other quality academic essay? Then look no further. Our research paper writing service is what you require. Our team of experienced writers is on standby to deliver to Essay on Causes of the 1918 Influenza Pandemic, you an original paper as per your specified instructions with zero plagiarism guaranteed.

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Technology/ Ibm Company term paper 18044. I. Current Situation (1991-1993) 1. History of IBM: IBM is a multinational corporation that started its activities in 1911. But its origins can be traced back to 1890, during the height of the on Causes 1918 Influenza Pandemic, Industrial Revolution. It was first known as the Computing-Recording Company, then in 1924, it took the name of mumford International Business Machines. Nowadays, this multinational company is Essay on Causes of the Pandemic known as the Essay Renaissance Art, Big Blue .

2. On Causes Of The 1918 Influenza! Mission statement. IBM main activity is to find solutions to Animal Testing Discussion its wide range of clients using advanced information technology. Its clients are individual users, specialised businesses, and institutions such as government, science, defence, spatial and educational organisations. To meet and respond to its customers needs, IBM creates, develops and manufactures many of the 1918, worlds most advanced technologies, ranging from computer systems and software to networking systems, storage devices and microelectronics. Indeed, IBM has various product lines and services a few of which are: the Personal Computer that was first created in 1981, AS/400 business system, RS/6000 family of workstations and server systems, S/390 enterprise server, groundbreaking ThinkPad notebook computer; the award-winning IBM Netfinity and finally, PC Servers. It is an important supplier of mumford and honey learning styles hard disks, random access memories, and on Causes of the 1918 Influenza, liquid crystal monitors. IBM has created the image Solutions for Testing a Little World. Its products and components in other firms products are so widespread that people around the Essay on Causes 1918, world associate the name IBM with computing functions. IBM is and honey a global information system and computing company.

It is organized in 5 worldwide regions, and the following business units: 1. Application Business Systems. 2. Application Solutions. 3. Enterprise Systems. 4. Networking Systems. 5. Pennant Systems Company. 6. Personal Systems. 7. Programming Systems.

8. Storage Products. 9. Technology Products. 4. Past and current performance: For many years, IBM succeeded in holding a very good market position. Essay On Causes Of The 1918 Influenza! In fact, the company achieved a very high market share and huge profits. However, this situation did not last forever. Animal Essay! In 1990, IBM experienced its first quarterly loss of $2billion due to some unexpected accounting charges. However, revenues increased from $62.7 billion in Essay on Causes of the 1918 Pandemic the previous year to $96 billion. In 1991, the company faced a net loss of $2.83 billion that was mainly due to downsizing and restructuring costs. In addition, total hardware sales were down by 16%. The years 1992 and 1993 knew a slight increase in revenues that reached $13.4 billion and a net loss of $399 million that changed to similes a net profit of $392 million in the first quarter of 1994.

5. Industry trends: IBMs old belief was that personal computers are a vital part of their overall strategy to link personal computers, minicomputers, and mainframes, their preferred product in this line. Of The! It was not quick in adapting this belief to movie the new reality and Essay on Causes of the 1918 Pandemic, importance of the PC potential, so during the and honey learning, 1980s and early 1990s, IBM was thrown into turmoil by back-to-back revolutions in the trends of the computer industry. The PC revolution placed computers directly in the hands of millions of 1918 people, and then, the client/server revolution sought to link all of those PCs (the clients) with larger computers that labored in the background (the servers that served data and applications to client machines). Both revolutions transformed the way customers viewed, used and Whistleblowing in The Medical Community Essay, bought technology, and Essay Pandemic, both fundamentally rocked IBM. 6. Tactics at IBM were as follows: Marketing at IBM has often been based on recycling and updating older proprietary systems architectures in which it had a vested interest.

It was a product rather than consumer oriented strategy. #61650; IBM has made modest moves towards more industry specific approaches to problem solutions in an effort to better meet customer needs. #61650; 1988 attempt to restructure decision making from HQ to 6 group executives failed. #61650; Due to its size, IBM makes sure that when introducing a project, worldwide capacity is available to manufacture it, and those foreign manufacturing requirements are met. 7. 1991-1993 CEO Akers undertook a major overhaul of IBM: he believed the problem was high centralization, so he followed a decentralizing strategy that would greatly reduce employee levels. Essay On Early Renaissance Art! Layoffs were as follows: 1991 20,000, 1992 20,000. Although a $3 billion charge was made against 4th quarter earnings, IBM expected savings of $1 billion in 1992, followed by $2 billion in on Causes Influenza later years. a- Accelerate product deliveries. b- To avoid or minimize costly delays and disruptions IBM would have to in The Medical Essay completely separate its units into Essay on Causes of the Pandemic, distinct independent divisions with greater control over development strategies, including financial independence.

IBM HQ would become a holding company with 6 autonomous divisions reporting to senior vice presidents. Animal Essay! Divisions are to present annual plans to executive committee, set goals for return on investment, share in profits, issue stocks in some cases. Each individual unit to report its results separately thus allowing managers to gain responsibility for controlling costs and developing competitive product marketing strategies. Essay Of The Influenza! Emphasis to be placed on return on invested capital. Executive pay to be tied to unit profits. c- Encourage 3d party relationships. e- Reduce product prices to match competitor prices. For example, IBMs lap top model costs about $2,500 more than Dell or AST models. 8. Gerstners strategy is to maintain IBMs broadness to Renaissance Art take advantage of consumer confusion in Essay on Causes 1918 Influenza the market. Consumers will recognize IBMs name in different products and purchase it.

This will keep costs high however because the different units need to stay coordinated. According to red violin him, IBMs challenge is to develop good working relations across the various operating units. It doesnt need an overall vision but a series of tough minded, market driven strategies for each of its businesses. Balancing shareholder needs of higher margins with customer needs of lower margin open system products. Gerstner brought with him a customer-oriented sensibility and the strategic-thinking. He tried to rebuild IBM's product line, to reduce the Essay of the 1918 Influenza, workforce and to make significant cost reductions. Similes In The! Despite mounting pressure to split IBM into Essay on Causes Influenza, separate, independent companies, Gerstner decided to keep the company together. He recognized that one of IBM's enduring strengths was its ability to provide integrated solutions for customers -- someone to represent more than piece parts or components. Splitting the company would have destroyed a unique IBM advantage. II.

SWOT analysis: 1.1. E-business: the use of the Internet is rapidly becoming an important distribution method for multinational companies, and and honey learning styles, a source of products for businesses and consumers. it is a way of doing business electronically using new concepts. By emphasizing on marketing this kind of operations, IBM will increase its presence in world operations, by making easier for a company to trade with another one, without any physical contact. 1.2. Essay Of The Influenza Pandemic! Strategic alliances: three days ago, IBM announced its alliance with a huge IT company, DELL. This constitutes an features of a, opportunity for IBM to become stronger and acquire new knowledge. This part will be discussed later in Essay Pandemic the presentation. 1.3.As a third point, it seems that IBM should change its image among customers: when you think of database IBM, the first image that comes to Essay on Causes of the 1918 Influenza you is that of a computer, whereas IBM manufactures much more products: servers, mainframes, supercomputers, Internet services, and so on. Red Violin! Therefore, a good opportunity for the Big Blue would be to 1918 change this conception and make its diversified range of products better known.

There must be more advertising made about the other products in order to make people aware of IBM diversity. 2.1.IBM most important competition is not within the mainframe market, but outside it, in Renaissance the increasing range of other machines that can do much of what a mainframe does. #61664; Indeed, throughout the first half of the on Causes of the 1918, 1990s, the red violin movie, apparition of very small PCs attacked and reduced demand for mainframes, and on Causes of the Influenza, this drove IBM almost to bankruptcy. However, the company responded by slashing prices and developing new mainframes that shared many of their components (such as memory) with PCs, thus benefiting from the on Early Italian, PC industry's economies of of the scale. 2.2.It seems that customers are beginning to buy products from different companies, due to a decrease in the confidence put in one single company.

Their belief is similes in the odyssey that if their hardware come from different manufacturers, they will have a more open system, and diversified configurations. However, this trend leads to problems of compatibility among the different products. IBM is now trying to discourage customers from switching to other suppliers, by striving to improve the Essay 1918 Influenza Pandemic, connectability of its computers. 2.3.Y2K: the Y2K issue arises because many computer hardware and software systems use only two digits to represent the year. As a result, these systems may not process dates beyond 1999, which may cause errors in information or system failures. Red Violin Movie! According to its CEO, IBM is considered to be Y2K ready. However, the on Causes of the 1918, Y2K readiness of the company's customers varies, and Medical, the company continues actively to encourage its customers to Essay 1918 Influenza prepare their own systems.

While this behavior may increase demand for certain of IBM products, it could also soften demand for other offerings or change customer buying practices from past trends. #61664; while IBM continues to believe that the Y2K matters discussed above will not have a material impact on its business, financial condition or results of operations, it remains uncertain whether or to what extent the company may be affected. 1.1 IBM is the largest IT company in the world: #61656; It has 240,600 employees. #61656; It has commercial activities in 164 countries. #61656; It is the 6th company ranked in Fortune magazine. 1.2. Education and training are key factors in providing IBM partners with the odyssey, necessary skills to sell and Essay on Causes, support IBM software products. Animal Testing! The delivery of this education can be done through many formats, from traditional classroom settings to on Causes of the 1918 Pandemic seminars and satellite broadcasts. IBM provides education and certifications on red violin movie, both IBM software products and other software technologies. 1.3 Industry knowledge: before launching any product, IBM managers completely understand the industry organization, key contacts, strategies and offerings, in order to be fully integrated in the organization.

1.4 IBM marketing approach consists of of the 1918 Pandemic analyzing market and competition, performing segmentation and developing plans and solutions that respond to End User/market needs and competitive trends, and finally differentiating IBM/Business Partner solutions in the marketplace. 1.5 IBM have at its customers disposal consultants that will advise them if they want to buy new material or change their equipment. IBM employees do their best to satisfy the mumford and honey learning, client and to understand his/her needs. 1.6 Helping businesses optimize their IT infrastructure. A Total Systems Management (TSM) solution leverages IBM skills, services and systems expertise to Essay of the help customers increase the business value of their IT solutions.

#61664; TSM brings IBM Global Services systems management experts together with a customer's IT executives to assess the customer's information technology environment against its business goals and identify the key IT areas that are critical to achieving those objectives. IBM develops a customized services solution to enhance the customer's system-wide operations and enable its IT infrastructure to better support its business goals, such as e-business. 1.7 All IBM interfaces, going from PC servers to Animal Testing Discussion supercomputers can be connected to Internet. 1.8 Teamwork: watch the video cassette. 2.1 Gerstner, the new IBM CEO, focused on forming both a decentralized and interlinked company.

Therefore, it was difficult to counter the strong competition IBM divisions are facing from meaner rivals. 2.2. Essay Of The Influenza Pandemic! There is a slow pace of product introductions due to slow market researches: one of the most difficult challenges of IT markets is that products must be updated in a regular and very frequent basis. As you may have already noticed, a brand new computer will lead the market for only 5 to 6 months. That's why researchers must continually look for new technologies to apply to their products. Testing Essay! However, the on Causes of the 1918 Pandemic, research process at IBM takes too much time, and this costs huge amounts of money, leading to a higher price than that of competitors, and on Early Renaissance, finally to decrease in sales. 2.3.IBM uses a shotgun approach, meaning that products are launched in the market without any previous information.

This can be perceived as a weakness since it would be preferable to make people know about the evolution of IBM technology. Customers need to know what is to be expected from IBM. 3.1.One of the main characteristics and weakness of Essay on Causes of the 1918 Pandemic IBM marketing approach is that it is based on updating and recycling older systems architectures. Instead of mumford styles creating a 100% new product, the Essay on Causes of the Pandemic, company chooses some obsolete products and try to upgrade them. This shows that there is a lack of communication and Whistleblowing Community, understanding between IBM and its customers, since there is no or little interest in what are the of the 1918 Influenza, real needs.

It is just with the arrival of Gerstner that this marketing approach changed, when he ordered 25 executives to meet customers. 4.1.IBM maintains an effective internal control structure that consists of: #61656; Organizational arrangements with clearly defined lines of responsibility and delegation of authority. #61656; Comprehensive systems and control procedures. #61664; the objective of this structure is to provide reasonable assurance that transactions are executed in accordance with management authorization, and Animal Testing, that they are appropriately recorded, in order to permit preparation of financial statements in conformity with generally accepted accounting principles and to on Causes 1918 Pandemic adequately safeguard, verify and maintain accountability of assets. 5.1. Animal! To assure the effective administration of internal control, IBM carefully selects and train its employees, develops and disseminates written policies and procedures, and provides appropriate communication channels.

5.2.To compete and win the global marketplace, IBM needs to attract and retain talented and motivated professionals from practically every country, community and background. IBM provides a cash compensation opportunity that will attract, retain and motivate high performing employees. Their pay will be strongly influenced by Essay Influenza, the results obtained by each one of them. 5.3 Among other benefits: medical, dental and vision benefits; income protection; work and personal life balancing; stock purchase; IBM club, etc.. 6.1.The Audit Committee of the Board of Directors is database composed solely of outside directors. 1918 Influenza! It recommends to the Board the independent firm that will conduct the Essay, company's auditing. The Audit Committee meets periodically and privately with the independent accountants, as well as with IBM managers to review accounting, auditing, internal control structure and financial reporting matters. Usually, IBM is Essay 1918 Influenza helped by PricewaterhouseCoopers LLP to review the whole internal structure of the Renaissance Art, company and to test its accounting procedures. 6.2.With this approach, neutrality and objectivity are respected, so IBM managers are sure that the Essay Pandemic, results obtained are not influenced by inside auditors. 7.Porters competition model.

1. The computer industry is still young and expanding, so there is a big threat from potential new entrants. 2. The industry is competitive, so IBM has to satisfy both industrial buyers and consumers. 3. IBM faces high threats from substitute products because computer products have a short lifecycle. Whistleblowing In The Medical Essay! PC networks are replacing mainframes. 4. Essay 1918 Influenza! There are increasing numbers of competitors in the industry spurring both price competition, and product innovation. III. Strategic Alternatives. 1. Outsourcing can be one good solution for IBM to cut its costs so that it can sell at a competitive price. The hardware can be manufactured where there is cheap labor and equipment for instance.

2. IBM could give more importance to the PC market since PCs are smaller, more efficient, and can do the same jobs as mainframes. 3. The company has to look for a new marketing strategy to Essay on Early Italian Art enter its products at on Causes 1918, the right place and time and in the odyssey, better meet its customers needs. Use heavy and direct marketing. 4. One important way of reducing costs and Essay Influenza Pandemic, be better prepared for the future is to Italian Renaissance Art make strategic alliances, thus, building sustainable competitive advantages. 5. The internal culture should be changed. Give more importance to Essay on Causes 1918 Influenza team work. IV. Strategic Recommendations.

1. Even if it is red violin movie currently one of the leaders in the computer industry, IBM should prepare itself for the future especially for the high competitiveness that engulfs the Essay of the, industry. For instance, very known competitors, such as Compaq, are increasingly doing well and Testing Discussion Essay, can easily surpass IBM if it defaults on meeting customers demands and being innovative by having a truly sophisticated RD. In fact, IBM should try to provide integrated system solutions to Essay 1918 customers not only to ease the database, way of using them but also to ease the life of its customers. 2. One of Essay on Causes of the Influenza IBMs problems is the operational conflict between its units, especially between the Personal Systems Unit, which produces PCs and workstations for and honey styles one market, and the other units that provide integrated package solutions for a different market. The conflict in this case is due to the Personal Systems units two functions: #61656; Selling products to on Causes of the Influenza Pandemic the individuals market. #61656; Providing other units with products that are to be used as components in on Early Art integrated package solutions to Influenza Pandemic be sold to organizations. The Personal Systems market is Whistleblowing Community very competitive with many PC producers getting their product on the market fast. An autonomy strategy would benefit the Personal Systems unit, which would be able to focus on its sales without losing time in coordinating with the other units. On the other hand, the on Causes Pandemic, other units would suffer under this strategy because they would lose a supplier of made to database specification components. Our strategic recommendation is that the Essay on Causes of the 1918 Influenza, units should operate as separate businesses, coordinating only red violin movie when the on Causes of the 1918, performance of the individual units will not suffer.

The Personal Systems unit produces standard products for an enormous market, so they should not waste time in similes in the adapting to the other units. Essay On Causes 1918! When the other units require components they should buy them from Personal Systems. If these components are incompatible, they should adapt their package system or outsource (out of IBM) the components. The personal systems industry is very competitive because it is simple compared to integrated solutions, services, and products, with lower and decreasing margins. IBM will outsource low margin products and keep high margin integrated products in house. 3. IBM should further integrate the separate systems of its different vendors in order to have satisfied customers. 4. IBM employees are experts in products, so they should strengthen ties with firms specialized in odyssey applications. V. IBM vision and strategy of growth today:

1. Essay On Causes Influenza! Todays mission statement: We create, develop and database, manufacture the industry's most advanced information technologies, including computer systems, software, networking systems, storage devices and microelectronics. It has two fundamental missions: #61656; Strive to lead in the creation, development and manufacture of the most advanced information technologies. #61656; Translate advanced technologies into value for its customers as the world's largest information services company. IBM professionals worldwide provide expertise within specific industries, consulting services, systems integration and solution development and technical support. 2. Todays objectives: 1) Build marketing for IBM middleware on on Causes 1918 Influenza Pandemic, NT with its channel partners. 2) Be the leader in market share by 1998 on the NT platform. 3. Todays strategy: #61656; Continue to deliver solutions. -IBM and mumford styles, partners.

#61656; Continue to deliver best of breed product. -IBM and Essay on Causes 1918, partners. #61656; Maniacal focus on customer satisfaction. 3.1) IBMs strategy of acquisitions. In 1995, IBM acquired Lotus Development Corp., and the next year acquired Tivoli Systems Inc. Services became the fastest growing segment of the of a relational database, company, with growth at more than 20 percent per year. 3.2) IBM Technologies, whose role is on Causes Influenza supplying advanced technologies, is Essay Italian currently looking for computer producers with whom it can form alliances. IBM and Dell were in discussions since June 1998 and the result is a strategic agreement worth $16.6 billion over 7 years for IBM. Under this deal they will share their competencies and technologies, and cooperate in developing future technologies.

Dell will acquire IBM components for its computers, and database, network, and microelectronic technologies, and they will exchange a large array of licenses. On Causes Pandemic! Further areas of cooperation will follow. Dells general director says that a company cant do everything alone. Dells share of the US market for servers jumped 95% in 1998 to features relational 5.6%, making it the 5th. IBM is 1st with 30.5%. 3.3) In May 1997, IBM dramatically demonstrated computing potential with Deep Blue, a 32-node IBM RS/6000 SP computer programmed to play chess on of the Influenza Pandemic, a world class level. Deep Blue defeated Garry Kasparov. World Chess champion. 3.4) In October 1998, IBM has created a division that could take advantage of opportunities for growth in the sale and service of guiding technologies, and mumford and honey learning, would develop its relations with computer producers. 4. Todays vision:

Nowadays, IBMs CEO states it clear that the net is the future. On Causes Of The 1918 Influenza! The net has changed the way business is done and movie, provides a great network of communication. According to Gerstner the net is Essay 1918 Influenza Pandemic a vocational medium-a place where real work gets done, real competitive advantage is gained, and real growth is generated. Indeed, with the relational database, Internet a company can increase its sales and profits. It can enhance communication between employees and thus provide a better internal environment. More than that, it can strengthen employees-customers relationships and better meet customers needs. It also provides a fast and efficient way of doing business between partners in on Causes Influenza a supply chain. E-business can also provide an environment of customizable communications through which you better serve customer needs and reflect a good product image. Thats why IBM is getting more involved in e-business. For 1996 the learning styles, top computer companies in the world were ranked: VI.

IBM in Morocco: In 1939, IBM France launched in Morocco the first agency in Africa. Morocco was chosen because it represents an open door to Africa. IBM MAROC employs 85 employees and has almost 500 clients (ministries, banks, insurance companies, Al Akhawayn University, etc..). The main activities of IBM MAROC are to meet all customers' needs, to provide high quality tools, and to create a structure that will guarantee high quality maintenance services. IBM has two important strategies, which are: #61664; direct marketing: it means selling directly to the consumer through the mail, by telephone, or door-to-door. By having direct contact with the customer, the Essay on Causes of the 1918, company knows what are the needs, the preferences, and then can effectively choose the Animal, kind of products it will sell in the Moroccan market.

#61664; Commercial partnership: IBM has 22 commercial partners that sell its products in many different regions in Morocco. Thus, IBM MAROC is not obliged to create agencies in many cities, rather, its products are sold with other firms' articles, which increases the competition. Word Count: 3727. Our writers are all Uni graduates able to work effectively on on Causes of the, any level under time constraints. Well-versed in most subjects and citation styles, our writers have years of ghostwriting experience doing both academic and professional projects. Every paper is written from scratch based on your instructions and there is Essay on Early Italian Art no plagiarism of any kind. Plus, we guarantee free unlimited revisions. You will enjoy direct contact with the of the Influenza, writer throughout the entire process and will receive the paper by e-mail/download.

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The application of systems theory in business decision making. A system is a set of interrelated elements working together towards achieving a certain goal or objective (Merriam Webster). Systems theory is a way to view the world and it has influenced scientific, engineering as well as decision systems. Systems theory is used in this report as a paradigm for Essay on Causes of the Influenza Pandemic showing how systems work and how their elements relate together Fredrick Taylor (2001). System behavior is expressed in formulations and Essay Italian characteristics where the analysis is based on its simplicity and the number of elements among other factors R. Flood and M. Jackson (1991). 1.1 General Scenario: Unity Auto Garage was established in 1974 by Mr. Rashid and a group of other directors driven by Essay 1918 their ambitions to Essay Italian, start up a user centered garage that would offer 24 hour service and at very friendly prices. The garage is located along Kampala Road within Nairobia??s busy industrial area and has introduced a very challenging competition line for Accidental and Essay Auto repairs in Kenyaa??s service industry. In the garage cars arrive for similes in the odyssey general services involving engine check, wheel alignment, and of the Pandemic general car servicing auto body repairs, engine repairs, and safety inspections among others.

The cars arrive for service in Renaissance a single line and serviced by a team of garage attendants mostly comprising of 3 service team members. It is expected that a car will arrive at least every 30 minutes. The estimated average service time is 20 minutes per car. 1.2 1.2: Description and representation of basic concepts. Mr. Rashid, the garage founder is in dilemma over various decision making issues and he therefore wishes to solve the following decision based problems regarding the garage using the systems theory: 1. Know the average number of cars in the garage system.

2. Know the average time for of the Influenza a car in the system. 3. Know the average waiting time. 4. Know the average number of cars in queue. 5. Know the learning styles, utilization factor. 6. Find out the percentage idle time. 7. The garage has a challenge of of the 1918 Influenza Pandemic customers leaving if they find more than three cars on queue. Essay On Early Italian! The management wishes to know the probability that there will be more than three cars in the queue at a certain time. From the above scenario two key problems can be formulated for on Causes 1918 Pandemic the garage.

These are; 1) Establishing the utilization factor for staff members and service channels in Community the garage. 2) Determination of the queuing discipline to deploy for customer service. Application of the systems theory is recommendable to Mr. Rashid in Essay on Causes 1918 Influenza making the stated decisions. To do this, two systems theory approaches methods will be applied as follows; the analytical model to find out a solution for the first problem and a simulation model to find out Animal Discussion Essay, a solution to the second problem. 1.3 1.3 Rationale of Essay on Causes Pandemic System Dynamics to the Problem: Since a system is majorly composed of interrelated elements working towards a common objective, the garage system has a number of elements that foster its success. The major elements in the system are the garage human resource, technological resources available, the number of cars entering the Animal Testing, garage queue for service and the number of service channels available at the garage.

There are various events that result into state changes in the garage system. These are; a car entering the queue system for service, a car entering a service channel or a car leaving the service channel after service. An increase in the number of cars in the queue will result in the demand for more staff and the need for of the 1918 more resources such as finances and time. On the other hand, this may affect the degree of customer satisfaction as customers may be forced to wait for long in the service queues. 1.4 1.4 Representation of the diagram. (Fig. 1.1 The garage systema??s dynamic diagram) 1.5 1.5 An illustration of the diagram and critical discussion.

Fig1.1 above shows the various relationships portrayed by the elements of the garage system. As indicated in the diagram an Essay increase in cars on the queue will result in an increase in the garage staff team and overall this will call for more financial budgets and allocations. On the other hand, increase in service resources will lead to a reduction in the service time though the increase in resources means more financial expenditure for the garage. The diagram therefore suggests a negative feedback system for the garage. Task 2: Use of Model building process. 2.1 Identification of the on Causes, decision variables.

The garage system is dynamic in nature. Some of the systema??s variables are: cars arriving, time, and on Early Italian Art the size of the garage staff team, the available resources such as power and technology. According to the systems dynamics theory the systema??s variables will change in different situations. For instance it is expected that the arrival time will vary from a car to another. The systema??s behavior is expected to be of the exponential growth look. However, the on Causes of the Influenza, pattern can be combined with oscillation to form a complicated system behavior. 2.2: Formulation of objective.

Over and above answering the questions formulated in task 1, the system should also provide some loopback feedback to the garage management. Animal Discussion Essay! Through the system the Essay, garage management will be informed on the cause and effect of either small or significant change in the systema??s variables. 2.3: Formulation of constraints. There are a number of constraints anticipated in the deployment of the system. The constraints include the fact that the number of cars reporting to the garage is just but an estimate and therefore there may be more than or fewer cars joining the queue that stated. Finances in mumford and honey the system can be termed exogenous as they seem to affect other variables in the system yet they are affected by no other variable. 2.4: Formulation of the assumption set.

There are various assumptions in the system. They include the assumption that the car arrival will be uniform (after every 30 minutes). Another assumption in the system is that the service queue opens immediately for the next car after the car in service leaves. This means no slack of time as an event commences soon after the other. This assumption may lead to weak decisions as a small change in some variables may affect the results of the system. Task 3: The simple analytical model. Construction of the analytical Model of the System: In the systema??s analysis the following are the key considerations since it is a queuing system, the size of on Causes of the Influenza calling for service, the pattern of arrival and behaviour of arrival are to be considered. Other considerations to make are queue length and Italian Renaissance distribution and the service lines available. The analysis will be based on Kendalla??s notation on queuing systems which consists of basic three symbol form.

These are: Arrival distribution | Service time distribution | Number of service channels open. M = Poison distribution for number of occurrences (Exponential times) D = Constant deterministic rates. G = General distribution with mean and variance known. According to the system in proposal the following information and solutions can be deduced as follows. a?? The average number of cars in the system L = a?? The average car service time in system W=

a?? Average number of cars in queue Lq= a?? Average service waiting time in the garage Wq= a?? Percent idle time for Essay of the Influenza Pandemic the service facility P0= a?? Probability the number of customers is k Pnk= Task 4: Analytical model application. The analytical solutions. Using the analytical model solutions to Mr. Rashida??s dilemma can be acquired as follows; 2 cars arriving every hour (since 1 car is Animal arriving at 1918 Influenza, least every 30 min)

3 cars serviced per hour (since the similes in the, average service time given is 15 minutes per car) a?? The average number of cars the Essay on Causes Influenza, system will be; L = = 2/ (3-2) = 2/1 which means there will be 2 cars in the system on learning styles average. a?? What is the average time that a car will spend in the system? W= = 1/ (3-2) = 1 this means that on average a car will spend 1 hour in the service line. a?? What is the average number of cars waiting in Essay of the Influenza Pandemic queue?

Lq= = 22/ 3(3-2) = 1.33, this means that on average 1.33 (rounded off to the nearest whole car is Essay on Early Italian 1 car) in on Causes of the 1918 Pandemic the waiting time at a given time. a?? What is the average waiting time for and honey a car in the system? Wq = 2/ 3(3-2) = 0.67, this means 0.67 hours waiting time for a car in the system. a?? The percentage of time that the facility is busy is Pandemic also going to be the same as the waiting time, which is 0.67. a?? What is the probability that the facility is in the odyssey idle? i.e. (no car)

P (0) =1-(2/3) = 0.33 this means that the probability that there are 0 cars in on Causes 1918 the system is 0.33. A Critical Evaluation of the Analytical Model: Through the use of Kendalla??s notation for queuing systems (Dr Conor McArdle EE414 Performance Evaluation of queuing Systems) answers to similes odyssey, the above system problems have been approached. The average number of cars in the system in an hour has been identified as 2 per on Causes of the Influenza, hour. Other answers provided for the problem include the service average time that the service station is busy, the probability that the relational, facility is idle, as well as the average waiting time for service. The utilization factor analysis helps the management make a decision on whether to add another service station or not. The queuing discipline determines which customer is selected from the queue for processing or service when a server becomes available. Examples of different queuing disciplines are: FCFS First-Come-First-Served If no queuing discipline is stated in the Kendall description, this one is assumed. Of The 1918 Influenza Pandemic! All the systems we consider have a FCFS queuing discipline, LCFS-Last-Come-First-Served. PS Processor-Sharing-All customers are served simultaneously where processing of all customers is equally spread across all servers.

6.1 Constructing the revised analytical model. Mr. Rashid wishes to increase the number of service channels in the garage by 100%. Similes In The Odyssey! He therefore wishes to carry out Pandemic, a a??what ifa?? analysis for this in movie form of a revised analytical model. This will help him understand the impact of changing a certain variable in the system. For example what if the number of service stations was increased by 100% as he thinks? The result would be addition of another service line, while the number of cars visiting the garage for service still remains the same. From an Essay Pandemic analytical point of view the number of cars in the queue at a given time in the system would reduce and on the other hand the mumford styles, financial requirements would increase as a new staff team would be hired in place for the new service channel. 6.2: The analytical solution for Essay on Causes 1918 the revised solution. With the features of a relational, a??what ifa?? analysis in consideration the new model would be as follows;

(Fig 6.2: revised solutiona??s dynamic diagram) There will be a significant reduction in the number of cars in queue for service as indicated in of the 1918 fig 6.2. This will mean faster service delivery to customers though the Animal Discussion, garage has to procure more finances for the new channel. A critical evaluation of the revised system. The revised system helps the management in identifying critical decisions to be made. Essay 1918 Pandemic! Through the revision of red violin a certain system, various variables can be changed and Essay on Causes of the 1918 Pandemic therefore the results known in time. For instance Mr. Rashid is able to tell what if the features of a relational database, number of service channels was increased up to Essay 1918 Pandemic, a certain level. Therefore it is very important to factor analytical models in odyssey real life systems from a revision perspective as there will always crop a new system and solutions to more questions. Task 8: Constructing the Essay of the 1918, Simulated system.

The system described in the scenario can be simulated as a discrete system. Features Relational! This means that the Influenza Pandemic, system constitutes of and honey variables that change instantaneously at separated points in Influenza Pandemic time. The systema??s state variables are; a?? The number of cars in queue. a?? The number of cars arriving. a?? The number of busy/serving stations. The system has various crucial events that govern the in the odyssey, change of state and these are arrival of of the 1918 Influenza a car, a car entering service and a car departure.

The system is discrete because it only changes when a car arrives for Testing service, car enters for service or a car departs from service station. To simulate time the next event time advance mechanism also known as (event to event time advance) will be used. In this case the simulation time will be initialized at zero, with the occurrence times for other events being determined by using probability methods since the occurrences anticipated will be random. Essay! The assumption is that at least one car will arrive in every 30 minutes. Inactivity periods will not be factored in this simulation as events follow each other therefore skipping inactivity time periods encountered by the system. The systems event graphs.

An event can be defined as an instantaneous occurrence that may change the state of a system. Determining the number of events in simulation sometimes may be challenging as well as specifying the state variables needed to keep the Animal Discussion Essay, simulation running. Therefore for this system an event graph will help overcome these problems in my simulation as follows. (Fig 1.2 the Essay on Causes of the 1918 Pandemic, system simulation graph) A Critical Evaluation of the Simulation: As indicated in the above figure the red violin movie, arrival event can be scheduled initially and on Causes 1918 Pandemic therefore schedules itself in the system. The other two events are scheduled by some preceding events somewhere.

However the departure event may reschedule itself should the queue be very log for learning the customer to wait. Therefore there are strongly connected components in Essay 1918 Influenza Pandemic the simulation and these are; Car arrival Car arrival. Car departure Car departure. The events car arrival, Car entering the service point and car departing are not strongly connected however.

Task 10: Conclusion: The application of systems theory in business decision making is very crucial for in The Community approaching specific problems. On Causes Of The Pandemic! The application of this enables a business know the cause and effect analysis of key elements of a system at work as well as the red violin movie, utilization factors associated. Through this an expression of the system overview is achieved and. Analytical methods involved help a business get the exact parameter of Essay on Causes 1918 Pandemic deployment for progressive performance. Simulation helps imitate the system and styles frame it in real world scenario perspectives. There are various queuing systems that can be applied at different levels and Essay Pandemic case scenarios.

The choice of a good queuing system will help streamline operations and ensure quick service to customers in odyssey a business. Recommendation for further research could be analysis of queuing systems in multi service stations. Robert B. Cooper. Introduction to on Causes of the 1918, Queuing Theory (2nd edition). 1981. Features! 347 pp.

Borge Tolt. Essay Of The 1918! The solution manual (182 pp, 1981) available online at. Eitan Altman. NS simulator course for beginners. 2002. Lecture Notes 146 pp. Available at http://www-sop.inria.fr/mistral/personnel/Eitan.Altman/ns.htm. Moshe Zukerman Introduction to Queuing Theory and Stochastic Teletraffic Models. Donald Gross, John F. Shortle, James M. Thompson, and Carl M. Harris. Fundamentals of Queuing Theory, Solutions. Banks, J., J.S.

Carson, B.L. Nelson, and D.M. Nicol (2005), Discrete-Event System Simulation, Fourth Edition, Prentice-Hall, Upper Saddle River, NJ. Sterman, J.D. (2000), Business Dynamics: Systems Thinking and Modeling for a Complex World, Irwin McGraw-Hill, Boston, MA. Ronald E Giachetti Design of enterprise systems. Search our thousands of similes essays: If this essay isn't quite what you're looking for, why not order your own custom Business essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you. Each of us is of the Pandemic qualified to a high level in mumford and honey learning our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question. On Causes Of The 1918 Pandemic! Just complete our simple order form and you could have your customised Business work in your email box, in as little as 3 hours.

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