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Criminology/ Boot Camps term paper 18534. The questions put forth in this research paper are: whether participants in juvenile boot camps receive the services prescribed for them, what impact juvenile boot camps have on recidivism rates, what benefits juvenile offenders derive from boot camps, and whether juvenile boot camps are cost effective. Other topics that will arise in the course of this paper are the what of a dissertation, definition of boot camp, and goals of juvenile boot camps. Responding to increasing juvenile arrests, several states and localities established juvenile boot camps. Checker Online! Modeled after boot camps for in the introduction adult offenders, the first camps emphasized military discipline and physical conditioning. In response to increases in out of depression juvenile crime and what of a the high cost of traditional confinement, the number of boot camps for juvenile offenders has grown in ethos the last several years. Concurrently, much has been learned about juvenile boot camps and about their effectiveness as an intermediate corrections option. To Write Introduction Of A Dissertation! In other words are boot camps maximizing their chances of developing an effective program to help steer juvenile offenders back onto the pathway to responsible citizenship(Austin, 1993). Essays! A considerable body of thought concerning correctional boot camps has evolved from the inception of the first adult camp in 1983 through the development of the current juvenile camps. Several studies have surveyed the what to write introduction, status of boot camps (Parent, 1989; MacKenzie and Souryal, 1991; Austin, Jones, and Bolyard, 1993; U.S. General Accounting Office, 1993; Cronin and Han, 1994).
MacKenzie and Hebert's Correctional Boot Camps: A Tough Intermediate Sanction, published by the National Institute of Justice in 1996, provides the most recent comprehensive assessment of the state of boot camps. Certain issues must be considered prior to any indepth discussion of juvenile boot camps. These issues include: A definition of boot camp. The goals of juvenile boot camps. Findings from evaluations of adult boot camps (American Correctional Association, 1995). A definition of boot camp
The very use of the warrior ethos in every essay, term boot camp and its connotations are still being debated. The media tend to focus on the confrontational element of boot camps -- the element that juvenile practitioners like the least. Dr. MacKenzie, who has been studying adult boot camps since 1987, holds that defining the term boot camp has been a major issue and remains one. Her 1991 survey of adult boot camps (MacKenzie and Souryal, 1991) found some common boot camp characteristics, including: A military-style environment. Separation of boot camp participants from regular prison inmates when they are housed in collocated facilities.
The participants' perception that boot camp is an alternative to a longer term of confinement. Some hard labor (MacKenzie, 1991). To Write Introduction! The most noteworthy finding from Dr. MacKenzie's survey, however, was that boot camp programs differ widely, particularly with regard to the amount of warrior ethos time participants spend in therapeutic activity and in the aftercare they are provided (MacKenzie, 1991). The definition of boot camps given by OJP in in the of a dissertation 1995 is:
Participation by nonviolent offenders only (to free up space in traditional facilities for essays on the little mermaid violent felony offenders, i.e., those who have used dangerous weapons against another person, caused death or serious bodily injury, or committed serious sex offenses). A residential phase of 6 months or less. A regimented schedule stressing discipline, physical training, and work. Participation by what to write in the introduction dissertation, inmates in appropriate education opportunities, job training, and substance abuse counseling or treatment. Provision of aftercare services that are. Help Guide! coordinated with the program that is provided. during the period of confinement (Office of Justice Programs, 1995). OJP has encouraged the consideration and development of innovative program delivery in this initiative, including designs that are in addition to or other than the military model (Office of Justice Programs, 1995), such as the Outward Bound model, environmental reclamation projects, and community service. The program guidelines also identify six key components to maximize the effectiveness of juvenile boot camp programs: Education and job training and placement. Substance abuse counseling and treatment. Health and mental health care. Continuous, individualized case management. What In The! Intensive aftercare services that are fully integrated with the camp program (OJP, 1995).
Therapeutic elements notwithstanding, the term boot camp implies a military environment. The OJP program guidelines require a regimented schedule. Best Come! Dr. Hamburg pointed out that although juveniles can benefit from the structure and discipline of the boot camp model, the different branches of the U.S. armed services provide different kinds of basic training, and there is an array of military and nonmilitary models to borrow from in designing the most appropriate boot camp model (OJP, 1995). The goals of juvenile boot camps. Parent addressed the issue of goals for juvenile boot camps. He identified five commonly expressed sentencing goals for adult boot camps:
Cost control (Parent, 1995). Of these, rehabilitation and cost control are the goals cited most often by correctional practitioners and policymakers. In The! The object of rehabilitation, Parent said, is to writing checker online, achieve some reduction in what introduction of a ?further criminality, either by changing an offender's attitudes and values, perhaps leading to some behavioral change, or by addressing some of the personal deficiencies or problems that are believed to be linked to criminal activity (Parent, 1995), such as lack of education, substance abuse, and/or lack of social skills. Thus far the english checker online, research on the effect of rehabilitation in boot camps has been inconclusive. Similarly, few hard data are available on cost, although it is known that adult boot camps cost as much as traditional prisons per inmate per day. Parent stated that his simulation model has demonstrated that four conditions must be met to reduce costs: The target population must be confinement bound. The boot camp population should not be selected by judges, but by what to write dissertation, correctional officials, who would choose juveniles for boot camp from among those who have already been sentenced to or confined in a facility.
The term of confinement must be cut significantly. However, this condition for cutting costs is easier to implement in an adult facility than in a juvenile facility, because adults usually receive longer sentences than juveniles. Program failures must be minimized. There are several ways to do this: Minimize voluntary dropout rates. Orientation should give potential participants a very clear understanding of what to expect in english the boot camp so that they are not surprised. Minimize expulsions. Participants should be given more chances for what in the successful completion.
This can be accomplished by essays little mermaid, establishing graduated sanctions and by allowing participants to repeat the program (recycle). Minimize post-release failure. What In The Introduction! The recycling option should again be available. In addition, support should be provided through a long-term, support-oriented aftercare component. Levels of surveillance during aftercare should be linked to specific risk factors and, therefore, should vary among program graduates. The boot camp must have a large capacity.
If substantial reductions in the confinement population are planned to checker, reduce costs, large-scale boot camps are needed (Parent, 1995). To Write In The Dissertation! Parent stated that currently there are two boot camp models -- treatment and population reduction and essays that it is difficult to accomplish the aims of both models simultaneously. The population reduction model, which emphasizes cost control, would be difficult to what in the of a, replicate for juveniles because they generally serve much shorter sentences than adult offenders. Rehabilitation, therefore, may be the only logical goal in opening a juvenile correctional boot camp. Findings from evaluations of adult boot camps. Dr.
MacKenzie's study of Multisite Evaluation of Shock Incarceration (MacKenzie and Souryal, 1994), was conducted in eight States and on liquid crystals involved young male offenders between the ages of 19 and 21 who had been referred from the ? adult court system. According to Dr. MacKenzie, the most surprising finding of the evaluation was that in each of the boot camps studied, regardless of the amount of therapeutic treatment, all participants who completed the in the introduction, program were more positive about their experiences than were offenders in a traditional prison setting. Ethos In Every Soldier Essay! She also found that programs lacking in therapeutic components were working to add them to the boot camp regimen (MacKenzie, 1994). Some evidence indicated that the rate of what to write recidivism declined in programs where offenders spent 3 or more hours per day in therapeutic activity and had some type of aftercare or intensive supervision after release. However, the finding of differences in recidivism came from an exploratory analysis. In general, the MacKenzie and Souryal evaluation found similar recidivism rates for those who completed boot camps and warrior ethos in every soldier essay comparable offenders who spent long periods of time in what to write in the dissertation prison (MacKenzie, 1994). The selection of boot camp youths.
Even if, as Parent suggests, the primary goal of ethos in every soldier juvenile boot camps ought to be rehabilitation, the cost-control argument for targeting confinement-bound youth is a valid one (Parent, 1995). Dr. Altschuler, who has found that most juvenile boot camps are being used as an in the alternative to probation, raised another reason for targeting confinement-bound youth for boot camp rather than those who receive probation. According to thesis crystals, Altschuler, research has demonstrated that low- or moderate-risk juvenile and adult offenders who are subjected to high levels of supervision (as in a boot camp program that includes a structured aftercare component) actually do worse than those left on traditional probation (Altschuler, 1992). It is therefore important to distinguish between juveniles who should be placed on probation with minimal supervision and those who need more supervision. This caution touches on another issue related to selection: net widening. Judges may find appealing the to write introduction of a, option of assigning a youth to boot camp rather than to some other available intermediate sanction. The result may be confinement of a youth who previously would not have been confined.
Under these premises, the final effect is actually an increase in the number of youth who are confined and warrior in every soldier essay thereby an increase in to write in the dissertation cost. There is thesis on liquid also the issue of the to write in the introduction of a dissertation, high percentage of minority youth (as many as 80 percent) among those who are confined in boot camps. This can be attributed to the fact that boot camps typically serve urban areas with a high percentage of minority youth. Often, however, the boot camp model fails to soldier essay, connect with this population (Altschuler, 1992). Boot camp design. In addition to size, another consideration concerning the in the of a, boot camp's physical environment is whether it is located in a general population facility or is a stand-alone camp. In the adult system, general population facilities collocate the inmates of ethos medium- or maximum-security prisons with adult boot camp inmates. The housing is what of a separate, however, and thesis the common areas of the facilities are used by adult boot camp inmates and adult prison inmates at what to write of a, different times. Stand-alone adult boot camps avoid this operational concern.
Separation from more hardened prisoners protects the boot camp inmates from a higher level of contraband and physical violence. Staffing also benefits because potential conflict between the boot camp staff and the prison staff of a collocated facility -- for example, conflict arising from the promotion or demotion of english writing checker a prison staff member versus a boot camp staff member -- is eliminated in a stand-alone facility (Parent, 1996). In a paper delivered at OJP's 1995 technical assistance workshop for what introduction applicants seeking funding under the Corrections Boot Camp Initiative, Parent stated that there is no empirical evidence to support one type of facility over another in relation to the impact on an offender's development (OJP, 1995). He does, however, cite certain perceived advantages of each type of writing checker online facility. What In The Dissertation! For example, the advantages of locating a boot camp in warrior in every soldier a general population facility include cost savings derived from sharing infrastructure, goods, and what to write in the dissertation services with the prison. In addition, it is easier to recruit and replace boot camp staff, because they do not have to english writing checker online, move to a new community. Because of in the dissertation concerns about help guide harmful influence and physical violence, the to write in the of a, collocation of an adult prison or boot camp with a secure juvenile boot. camp requires adherence to crystals, statutory separation requirements as implemented by OJJDP rules (U.S. Department of Justice, 1996): Juveniles must be separated from incarcerated adults by architectural or procedural means that prevent sustained sight or sound contact. What In The Introduction Dissertation! Brief and inadvertent or accidental sight or sound contact is help guide only considered to be a violation if it occurs in what to write in the introduction a secure area that is dedicated to use by juvenile offenders, including any residential area (Parent, 1996). The best model to induce behavioral change. Thesis On Liquid Crystals! The basic premise of the military boot camp model is in the of a dissertation that the military atmosphere acts as a catalyst to thesis, facilitate changes in offenders' behavior.
The military atmosphere, however, may vary widely, from a confrontational model to a developmental one. The only conclusion that can be largely agreed is that a confrontational model is counterproductive to changing juvenile behavior. Dr. What To Write Introduction Dissertation! Marty Beyer, a psychologist experienced in improving the effectiveness of services to delinquents. Three things known about adolescent development, she said, should be considered when designing any program for youth: Adolescents are fairness fanatics. Running any adolescent group care program is difficult because adolescents are very sensitive to essays, anything they perceive as unfair, particularly anything that applies to the whole group. Adolescents reject imposed structure and assistance.
Adolescents respond to encouragement, not punishment. Although they may change their behavior to avoid punishment, their attitudes and behaviors do not change in response to to write dissertation, punishment (Andrews, 1990). The implications of these three factors are that youth will defend themselves against what they see as unfair, regardless of the on the mermaid, motivation of the adults who are caring for them, and will reject what may be offered as assistance because they do not recognize the providers of to write in the introduction of a dissertation that assistance as being part of their support system. Dr. Beyer suggested that this rejection of assistance is positive. It is the way youth have survived poverty and adverse conditions. If this natural inclination is warrior ethos essay subdued, it will undermine the very survival technique that has allowed these youth to make it this far (Andrews, 1990).
According to Dr. Beyer, delinquents change their behavior when services are based on strengths and needs. If youth are only offered what adults think they need, they will not accept assistance (Andrews, 1995). Effective services will help youth set up their own notions of what they need and then make it possible for them to dissertation, meet their needs through nondelinquent behavior. The services developed should be based on the individual strengths of the youth. It must also be asked whether juvenile boot camps, in both their residential and aftercare components, meet common needs of youth, such as the need to be competent at something, to feel a sense of essays on the little belonging, to feel in charge (especially for those who have been victims of discrimination and abuse), and to feel a connection to their families. Dr. Beyer reiterated that punitive programs driven by imposed structure, group practices, and services that are not individually tailored to each young person's strengths and concepts of his or her own needs will not be effective, no matter what they are called (Andrews, 1990). The confrontational model is in the of a dissertation full of potentially abusive situations and is antithetical to the development of the kind of healthy, productive relationship with an adult that a youth needs to develop maturity (Andrews, 1990).
The suitability of english checker boot camps for introducing therapeutic intervention was questioned, and it was also pointed out that the to write in the introduction of a, confrontational model is difficult, if not impossible, to monitor. However, although the adult boot camp model may not work for juveniles, it was noted that adolescents do like structure and essays want some structure in their lives. Therefore, it is clear that there is a need to develop other models, particularly in urban areas. Suggestions included the following: Models that incorporate mentoring and job skills. Models such as Outward Bound, which has been successful in challenging youth individually in neighborhoods such as Washington Heights in NewYork City. Of A! Models with varying goals and structures that could meet a wide range of adolescent needs. Such models would especially integrate the help guide, residential and aftercare phases of the boot camp experience, so that goals, treatment methods, and programming would be the introduction of a, same for both phases. Coordination with all levels of the best way to out of depression, aftercare agencies during the planning and what to write in the of a execution of the residential phase would partially ensure this desired continuity (Andrews, 1990). Aftercare is the last phase before total release from come out of, juvenile court supervision.
Dr. Altschuler asserted that reintegration into to write introduction the community is the key to boot camp success. Continuity between the residential and aftercare phases of the boot camp experience is paramount (Altschuler, 1994). In general, proper reintegration requires adequate funding for both the boot camp and aftercare programs, management that is coordinated throughout the entire program, and graduated sanctions and incentives. The Intensive Aftercare Program (IAP) model of Altschuler and Armstrong, described in Intensive Aftercare for High-Risk Juveniles: A Community Care Model (1994), stresses overarching case management as fundamental to successful reintegration. Overarching case management helps the offender move from the residential phase to the aftercare phase. The IAP model divides case management into five components: Assessment, classification, and selection criteria. Selecting youth at the highest risk of recidivism requires appropriate assessment and writing checker online classification measures.
These measures give weight to justice system factors, such as age at first offense, and to need-related factors, such as substance abuse. The accuracy of the measures chosen is directly related to the success of other design choices: for example, staffing levels, the size of the inmate population, and the boot camp as a whole. What To Write In The Introduction Dissertation! Individual case planning incorporating family and community perspectives. Individualized case planning should address how the special needs of the english writing, youth are linked to his or her social network (e.g., family, close friends, and peers in general) and community (e.g., schools, workplace, church, training programs, and specialized treatment programs). To ensure continuity from the what dissertation, residential phase to the aftercare phase, an aftercare counselor should be involved from the. beginning of the residential phase.
At a minimum, contact between the counselor and the offender should be made before discharge from the residential phase. A mix of intensive surveillance and warrior essay services. Because justice system factors accompany need-related factors in the average offender, successful aftercare must strike a balance between surveillance and services. Neither one alone will suffice. Services should be tailored to the individual -- for example, continuing drug treatment for the substance abuser. Surveillance should exceed the what in the dissertation, old purpose of simply jailing recidivists by identifying impending recidivism and, ideally, reversing it through rewards and on liquid graduated sanctions. A balance of incentives and graduated consequences coupled with the to write dissertation, imposition of realistic, enforceable conditions. Positive reinforcement can induce healthy behavioral change. On the other hand, overly burdensome parole conditions can undermine healthy change or even contribute to recidivism -- from a psychological effect or merely from increased contact with those who record acts of recidivism. Service brokerage with community resources and linkage with social networks.
The workload that results from trying to essays on the, create better conditions and from the growth of boot camp populations makes it. impossible for the aftercare counselor to succeed without help. Service brokerage with community resources and linkage with social networks is what to write in the introduction of a dissertation critical. Service brokerage helps to meet the needs for warrior ethos in every job training and education, among others. In The Introduction Dissertation! Linkage with social networks helps to heal those common divisions exhibited by high-risk youth in the areas of family relationships, peer relationships, and school (Altschuler, 1994). At this point in their development, boot camps do not appear to be the best come, panacea that many hoped they would become. Nonetheless, boot camps do appear to what introduction of a, offer certain practical advantages and future promise that warrant continued testing and examination. As an intermediate sanction, boot camps are a useful alternative for offenders for english online whom probation would be insufficiently punitive, yet for whom long-term incarceration would be excessive. As such, under certain conditions, boot camps can free bed space for more hardened offenders, thereby reducing the what to write in the introduction of a dissertation, financial burden on correctional budgets.
Future research must focus on on ulysses, the kinds of questions that have been raised here to provide the information needed to enable the justice system to maximize the benefits of boot camps as an intermediate corrections option. The next section describes ongoing Federal support for the implementation and evaluation of boot camp programs. Altschuler, D.M., and T.L. Armstrong. 1994. (September). Intensive Aftercare for High-Risk. Juveniles: A Community Care Model. Program Summary. Washington, DC: Office of Juvenile Justice and.
Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Altschuler, D.M., and T.L. Armstrong. 1994. (September). Intensive Aftercare for what in the of a High-Risk. Help Guide! Juveniles: Policies and introduction of a Procedures.
Program. Summary. Washington, DC: Office of writing online Juvenile Justice. and Delinquency Prevention, Office of Justice. Programs, U.S. Department of Justice. Altschuler, D.M., and T.L. Armstrong. 1992 (June).
Intensive Aftercare for High-Risk Juvenile. Parolees: A Model Program Design. Baltimore, MD: Institute for Policy Studies, The Johns Hopkins. American Correctional Association. 1995. In The Introduction! Standards. for Juvenile Correctional Boot Camp Programs. Washington, DC: Office of way to come depression Juvenile Justice and. Delinquency Prevention, Office of introduction dissertation Justice Programs, U.S. Department of Justice.
Andrews, D.A., I. Come Depression! Zinger, H.D. Hoge, J. Bonta, P. Gendreau, Beyer, M., and F.T. Cullen. What To Write Of A Dissertation! 1990. Does Correctional. Treatment Work? A Clinically Relevant and. Psychologically Informed Meta-analysis.
Armstrong, T.L., and D.M. Altschuler. 1993. Intensive Interventions With High-Risk Youths: Promising Approaches in Juvenile Probation and. Parole. Monsey, NY: Criminal Justice Press. Austin, J.M., M. Jones, and critical essays on ulysses M. Bolyard. What Of A Dissertation! 1993. (October). The Growing Use of Jail Boot Camps: The. Current State of the Art.
Research in Brief. Washington, DC: National Institute of Justice, Office of Justice Programs, U.S. Department of. Brame, R., and D.L. MacKenzie. 1996. Shock. Incarceration and Positive Adjustment During.
Community Supervision: A Multisite Evaluation. Help Guide! In. Correctional Boot Camps: A Tough Intermediate. Sanction, edited by D.L. MacKenzie and what to write in the introduction dissertation E.E. Hebert. Washington, DC: National Institute of Justice, Office of Justice Programs, U.S. Department of. Help Guide! Castellano, T.C.
1995. Enhancing the in the introduction, Evaluation. Outcomes of Innovative Boot Camp Programs. Progress report presented to best way to, the National Institute. of Justice, Office of Justice Programs, U.S. Department of Justice, September 27, 1995. In The Of A Dissertation! Cronin, R., and M. Han. 1994.
Boot Camps for Adult. and Juvenile Offenders: Overview and Update. Research Report. Washington, DC: National Institute. of Justice, Office of Justice Programs, U.S. Writing Checker! Department of Justice. Gransky, L.A., T.C.
Castellano, and E.L. Cowles. 1995. Is There a `Second Generation' of what to write introduction of a dissertation Shock. Incarceration Facilities?: The Evolving Nature of. Essays Mermaid! Goals, Program Elements, and Drug Treatment. Services in Boot Camp Programs. In Intermediate. Sanctions: Sentencing in the 1990's, edited by J. Smykla and W. Selke. Cincinnati, OH: Anderson. What To Write! Publishing Company, pp.
89-112. Greenwood, P., E. Deschenes, and J. Adams. 1993. Chronic Juvenile Offenders: Final Results from the. Skillman Aftercare Experiment. Santa Monica, CA: The RAND Corporation. Essays On The! Institute for Criminological Research and American. Institutes for Research.
1992 (September). Boot. Camps for Juvenile Offenders: Constructive. Intervention and Early Support -- Implementation. Evaluation. To Write In The Introduction Of A Dissertation! Washington, DC: National Institute of. Justice, Office of Justice Programs, U.S. Department of Justice.
Krisberg, B. 1991 (July). Juvenile Intensive. Supervision Program Model, Operations Manual and. Guide. Special report submitted to the Office of. Juvenile Justice and Delinquency Prevention, Office. of Justice Programs, U.S. Warrior Essay! Department of Justice. Little, G., and K. Robinson. 1994.
Cost-effectiveness, Rehabilitation Potential, and. Safety of Intermediate Sanctions: Mixed Results. In The Introduction Of A Dissertation! Cognitive-Behavioral Treatment Review 3(1):4-7. MacKenzie, D.L. 1993 (November). Best Depression! Boot Camp Prisons. in 1993.
National Institute of Justice Journal, MacKenzie, D.L., and E.E. Hebert, eds. 1996. Correctional Boot Camps: A Tough Intermediate. Sanction. Washington, DC: National Institute of. To Write In The Of A! Justice, Office of Justice Programs, U.S. Department of Justice. English! MacKenzie, D.L., and J.W. Shaw. 1990.
Inmate. Introduction Of A Dissertation! Adjustment and Change During Shock Incarceration: The Impact of Correctional Boot Camp Programs. Justice Quarterly 7:125-150. MacKenzie, D.L., and C. Souryal. 1994. Multisite. Evaluation of Shock Incarceration.
Washington, DC: National Institute of Justice, Office of Justice. Programs, U.S. Soldier Essay! Department of Justice. MacKenzie, D.L., and C.C. Souryal. 1991 (October). Boot Camp Survey: Rehabi Alitation, Recidivism. Reduction Outrank Punishment as Main Goals.
Corrections Today 53(6):90-92, 94-96. Marlette, M. 1991. Boot Camp Prisons Thrive. Corrections Compendium 16(1):1-12. Office of Justice Programs. 1995. Fiscal Year 1995. Corrections Boot Camp Initiative: Violent Offender. Incarceration Grant Program. Program Guidelines and. Application Information.
Washington, DC: Office of. Justice Programs, U.S. Department of Justice. Parent, D.G. 1996. Boot Camps and Prison. Crowding. In Correctional Boot Camps: A Tough. Intermediate Sanction, edited by D.L.
MacKenzie and. E.E. What To Write In The Of A! Hebert. Washington, DC: National Institute of. Justice, Office of Justice Programs, U.S. Department of Justice. Parent, D.G. 1995.
Planning a Bootcamp: An Overview. of Five Critical Elements. Paper presented at the. Office of essays Justice Programs Boot Camp Technical. Assistance Workshop, Atlanta, Georgia, April 1, Parent, D.G. 1994. In The Introduction! Boot Camps Failing to Achieve. Little Mermaid! Goals. Overcrowded Times 5(4):8-11.
Parent, D.G. To Write In The Introduction Dissertation! 1989. Shock Incarceration: An Overview. of ethos Existing Programs. Washington, DC: National. Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Word Count: 4063. Our writers are all Uni graduates able to work effectively on any level under time constraints. Well-versed in most subjects and citation styles, our writers have years of ghostwriting experience doing both academic and what in the of a dissertation professional projects. Every paper is written from scratch based on your instructions and there is no plagiarism of any kind.
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There follow three examples of what of a dissertation, essay hypotheticals selected from essays on the mermaid, among the eight in what in the the appendix of the LEEWS Primer. Following are models of the warrior LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to to write in the introduction, our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is essays little mermaid provided, as the subjects may as yet be unfamiliar to to write dissertation, you. You may want to attempt a response before looking at the models. Thesis On Liquid. Standard exam writing advice posits that you follow IRAC. I.e., identify the what to write introduction Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and warrior soldier, you don't know how to what in the introduction, present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by thesis question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of what introduction of a dissertation, interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and best come out of, 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.
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As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and in the introduction, 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 thesis crystals her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for introduction dissertation Coris' injury and on liquid crystals, the destruction of the tennis racquet. Thereupon followed, inter alia , the what to write in the introduction following events and critical on ulysses, motions: 1 €” OFU, Inc. and Setter moved for a change of venue to of a dissertation, Queens County.
2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. Best Way To Come Depression. [So-called nail and mail service.] 3 €” Although the complaint affixed to in the of a dissertation, his door separated from the summons and blew away, and best out of, 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 what introduction dissertation, appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. Way To Depression. served notice of the what to write in the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. Help Guide. 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 to write in the introduction of a dissertation, this case. Prepare a memorandum of law respecting the issues raised in the above. Best Way To Come Depression. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is to write in the of a dissertation discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and writing checker online, wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in what in the introduction dissertation the state where an help guide, 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 what introduction of a dissertation affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and on liquid crystals, also mailing a copy of of a, same by regular mail to said address (so-called nail and mail). A court has held that three attempts at writing checker online in hand service at a defendant's place of business, without attempting to serve the defendant at to write dissertation 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 best come out of depression, due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.
Requests for admission €” A request for what in the introduction dissertation admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to on liquid crystals, timely respond results in introduction dissertation the matter being deemed admitted. Inter alia , it is way to come out of depression permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the introduction party was traveling against traffic on out of, a one-way street). However, it is introduction dissertation 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 claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on english writing checker online, the merits of in the introduction, a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to on ulysses, the proper place for trial of a lawsuit. The purpose of venue rules is to what to write introduction, prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the best come transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose.
MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of in the, thinking.] Step One €” [Conflict pairings and party objective(s) for help guide each of the six events/motions.] The conflict pairings for to write in the introduction of a dissertation all six are either Coris and/or Doris versus OFU, Inc. English. 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 what dissertation objectives that count for purposes of generating premises are intermediate in nature. In the ethos in every essay larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:]
1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. What In The Introduction. exists and viable. 4 = Preclude disclosure of on ulysses, overheard conversation vs. To Write Of A. have it ruled discoverable. 5 = Have fact admitted vs. not admitted.
6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to best way to come out of depression, all six, from this point on I shall work on each question to completion before going on to the in the introduction of a dissertation next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for help guide relevant premises.] 1 = Venue of what to write introduction of a dissertation, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.
See definition of best out of, Step Two and footnote, page 104.) 2 = Nail and mail service vs. What In The Introduction Dissertation. due diligence rule. [Complete analysis/discussion of on ulysses, No.2 (7-8 minutes??), then on to No.3; . . To Write In The Dissertation. . No.4; . Little. . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for what introduction of a dissertation waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for english online admission, and what to write in the introduction of a, failure to essays, respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the to write in the of a others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to best depression, 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 to write introduction of a, proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by on liquid crystals them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in what dissertation the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the essay action could have occurred anywhere.
Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is to write in the introduction of a minor, is the help guide only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at to write introduction of a in hand service at a defendant's place of business, without attempting to serve the defendant at critical essays home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the what to write introduction of a dissertation requirements of due diligence.
Plaintiffs made no attempt to warrior ethos in every soldier essay, serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in to write in the of a dissertation 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 on ulysses, appeal. [Law.] Setter, as concluded above, was never properly served. In The Dissertation. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of critical, personal jurisdiction. Arguably, raising the claim on appeal is after trial.
However, waived upon the taking of an what in the introduction of a dissertation, appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of warrior in every essay, personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by what introduction either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Checker Online. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of introduction dissertation, remarks about dinner and a hot tub seems merely casual. Help Guide. [Analysis.] Conclusion : The motion will fail. To Write Introduction Of A. 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 critical essays, prove at trial. However, inter alia, it is not proper to what to write in the introduction of a dissertation, request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se).
The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at thesis on liquid trial. In The Introduction Of A. Moreover, in that negligence is soldier a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. What Of A. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of critical, action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)
The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in what in the introduction dissertation their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. Warrior Ethos Soldier. The brothers held the chief executive positions in the corporation, as well as a majority of what to write, seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in essays their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the fall of 2001 Meddle sought permission to inspect the what to write in the introduction of a dissertation RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to help guide, the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the what to write in the introduction of a dissertation brothers issued a directive limiting access to english writing, the books and records to persons cleared by them, and under no circumstances to what to write in the of a dissertation, Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of writing online, any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to to write in the introduction of a dissertation, first make a demand on the board of directors, and failure to thesis, state a cause of action. 2) RIPCORP moved in in the introduction of a the alternative that the essays little court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for in the indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to way to out of depression, quash these actions.
How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. In The Introduction Of A. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of thesis, 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 inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 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 to write of a, outstanding shares.
Shareholder rights of action €” Generally, a shareholder may sue the corporation in critical essays on ulysses his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to what to write in the dissertation, 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 in every essay 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 in the introduction of a board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the english writing checker online plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the to write introduction dissertation 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 come, have violated his fiduciary duty of good faith and reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and what introduction of a dissertation, directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on thesis crystals, the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to what to write introduction dissertation, be considered separately. [Note the best way to depression enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the what introduction dissertation sentence that precedes them reveals the help guide single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the in the introduction of a 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 2, Meddle for 3. The motions themselves, especially the ethos first, point to overriding premises. In that a court may dismiss all or part of what to write of a, a suit, each premise must be considered in light of each of essays on the little mermaid, Meddle's objectives set forth in to write introduction dissertation the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of critical, standing, failure to first make a demand on what to write introduction, 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 on the mermaid, relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against what in the introduction, 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 warrior essay, be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and what in the, go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to essays on ulysses, enforce her rights as a shareholder, and/or on to write in the, behalf of the corporation to checker, procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is what to write in the introduction of a dissertation brought and when the alleged wrong to the corporation occurred.
Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and help guide, records which are relevant to a proper purpose. Courts will determine whether a purpose is dissertation proper. A shareholder may examine the stock book and thesis, minutes of stockholder meetings on what to write introduction of a, demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of essays, five percent of any class of what in the dissertation, outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of on liquid crystals, shares. However, she has been a stockholder of what in the introduction of a, 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 way to come corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the to write introduction of a corporation may recover damages from the online 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 what in the of a dissertation which damages may be sought. Failure to help guide, first make a demand on the board.
Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of to write introduction of a, 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. Warrior Ethos Soldier. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. In The Introduction. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the warrior in every exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the to write dissertation corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for english writing a counterargument.]
Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in what to write introduction of a dissertation settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. Critical Essays. The corporation may purchase insurance to to write introduction of a, indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of crystals, RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action.
Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of what in the introduction of a, their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to writing online, take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the what to write introduction of a dissertation purchase of indemnification insurance. Conclusion : The motion should be granted as to critical, any portion of the what of a dissertation resolution that purports to indemnify against best way to come depression, judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in of a dissertation the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to mermaid, my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the what to write in the introduction following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B.
In 1999, having reconciled with Z and help guide, spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the what to write introduction legacy to Y to $150,000; and in help guide all other respects he ratified, confirmed, and republished the 1994 will. T died in of a dissertation 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 son of on the little, Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate.
RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is what of a dissertation not in existence or not in the possession of the testator when he dies (because, for essays example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of of a dissertation, a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in way to come depression many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament. Execution of in the, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.
This is so despite the fact that the will so republished may have been invalid for essays mermaid want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is what to write in the of a dissertation 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 depression prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the to write in the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from english, all other articles of the same or similar nature. It must be taken by the legatee as and what to write in the introduction of a, where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and critical, 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 introduction dissertation, T's estate.
Each will be in opposition to anyone or anything that would prevent him from help guide, taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the to write in the dissertation state, or the estate) that stands between him and taking from T's estate. Essays. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. To Write In The. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play.
However, it would be inefficient and confusing to try to sort them out at this point. Better to english writing checker online, focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the introduction of a premises of the various parties in way to come out of Step Two, I may as well go straight to the response. My impression is that once the what in the introduction controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of little, a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. To Write Introduction Of A Dissertation. But I'm thinking B v. English Writing Checker Online. 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 form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of what to write of a dissertation, T having been drunk when making the 1994 will. There being no evidence to the contrary, the thesis fact that T in what to write in the introduction dissertation executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil.
Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the help guide intent and for in the of a the purpose of essays mermaid, revoking the will. The circumstance that the original copy of the what to write in the codicil was destroyed inadvertently in help guide 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and to write in the introduction, remainder of T's estate under the 1999 codicil that revived the way to 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in to write in the existence or not in critical 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. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in what of a dissertation many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is best come out of not disqualified by to write in the introduction dissertation having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate.
NB: Arguably S should be permitted to take under the checker 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. Introduction Dissertation. The reliability of warrior ethos in every soldier, a witness with a vested interest in what to write in the introduction of a 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 some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. Help Guide. (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 what in the of a dissertation will under which he takes should not disqualify him, providing two others of the essays on the mermaid several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by to write one Richard Townley, Sr., U. Memphis class of 2009E (evening division). Crystals. The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the what to write of a dissertation verbatim model response offered to best out of depression, 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 what in the introduction dissertation, 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 best depression examinee knows exactly what is wanted and how to proceed and present. What In The Introduction Dissertation. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and ethos in every essay, therefore will skim through quickly to note what, if anything, is new and/or unusual.
Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the what in the introduction 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 follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of warrior essay, 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of to write introduction dissertation, 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 best out of depression, any other person. Your answers for Part I should be written on the paper provided. To Write In The Dissertation. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to way to, Part I, number your pages consecutively, write your identification number on each page, and in the, staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by warrior essay number. 3. Write on what to write in the introduction of a, only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for on liquid Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number.
Do not staple the answer sheet for what to write of a dissertation Part II to anything. Submission of english writing checker, Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. Introduction Of A. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the best way to come out of answers. Do not write your name on anything.
For this examination, unless we have specifically studied to to write, the contrary, you should assume the following: 1. Writing Online. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. What In The Dissertation. all states have enacted statutes that authorize the exercise of on liquid crystals, jurisdiction on what introduction of a dissertation, each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an english writing, 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 what in the introduction of a relief arising from the person€™s.
(a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of help guide, 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 to write of a, 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 essays 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. In The. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business.
Their shop is in the State of help guide, Swabia where most of dissertation, their customers are from. Sometimes people from the english online nearby States of Prussia and Bavaria bring repair jobs to the shop in to write Swabia. Isolde was raised in essays on the little mermaid Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of what in the introduction, First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on checker, furniture repair that Isolde gave in Prussia. He decided that Tristan and what in the introduction, Isolde had a promising business and that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from best way to come out of depression, First Commercial. By telephone, they requested the bank send them the paperwork at what their shop.
On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of on the little, 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 what in the dissertation, sue them, Tristan settled the thesis crystals bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for what to write dissertation Prussia to collect the english writing checker online unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to to write in the, respond to the complaint and summons, the court entered a default judgment against her for english writing online $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the of a dissertation 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 on liquid crystals a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria.
Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by introduction of a dissertation registered mail. English Online. She was rendered unconscious for two days.
An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the to write summons and complaint for the same lawsuit. Given that she was served while in english checker the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is dissertation unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the critical on ulysses service on to write in the dissertation, Isolde in on ulysses the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in what to write introduction of a blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of help guide, R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of in the introduction of a dissertation, 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 in every soldier LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of what introduction, law — e.g., Subject matter jurisdiction in checker the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only in the introduction of a dissertation, hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute.
First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for writing checker online 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 in the introduction dissertation which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Best Come. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on to write in the introduction dissertation, her own. If Isolde is found to be a domiciliary of Prussia, then there is help guide not diversity of citizenship and thus no subject matter jurisdiction. To Write. 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 online amount in to write in the introduction controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. Soldier. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim.
Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in what to write introduction dissertation Prussia lacked jurisdiction over the person.
Because this has not been litigated, it can be raised on collateral attack in the enforcing court. Essays. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in what the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is english writing checker 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 if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of 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 students referred to this as a forum selection clause. To Write Introduction Of A Dissertation. At least one student referred to little, it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of what in the of a, a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to ethos in every, 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 enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia.
This is a valid argument so long as the to write introduction of a court reads the come statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in what to write in the introduction of a state result, the ethos in every soldier essay execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and what to write in the introduction dissertation, that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the help guide papers or speculate that she may not have read them.
There is simply no basis in to write of a the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. Checker. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of in the of a, action arises from the defendant€™s minimum contacts with the forum, such that the assertion of essays mermaid, jurisdiction would not offend traditional notions of fair play and to write in the, substantial justice. On The Little Mermaid. Assuming, arguendo, [LEEWS note: We teach the introduction of a proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in 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 way to depression 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 to write of a privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the critical on ulysses 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 what in the introduction dissertation Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. On Ulysses. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in to write in the of a dissertation the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the on ulysses dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and in the introduction dissertation, public policy do not seem to enter the picture, so the fairness factors do not point to ethos in every, Prussia as an unfair forum for Isolde.
Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in what to write in the introduction dissertation the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of help guide, process in the enforcement proceedings in Swabia and Bavaria. Introduction. Such discussions reflect a lack of knowledge of english online, our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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The pattern of anti-Semitism Essay. Historian Raoul Hilberg has summed up the pattern of anti-Semitism as follows: 12th century Crusades – “You have no right to live amongst us as Jews”. 16th century ghettos – “You have no right to live amongst us”. 20th century Nazis – “You have no right to to write in the introduction of a dissertation live”. With reference to the above quote, place the Holocaust in its historical context. This essay will examine the rise of anti-Semitism from ancient times to the Holocaust in Germany in the 1930s and 40s. This essay will examine the origins of help guide, anti-Semitism, the rise of Zionism and the role of Nazi Germany in the persecution and to write of a dissertation, extermination of the Jews. Help Guide? It was also acknowledge that the end of what introduction, Nazism did not mean the end of anti-Semitism by looking at in every soldier more recent examples of anti-Semitism and Holocaust denial. The Jewish people have been persecuted throughout history.
Judaism originated in about 1600BCE when Abraham founded the first monotheistic faith in the ancient Babylonian Empire. Before this time polytheistic faiths were normal. Legend has it that God made an offer to Abraham that if he would leave his home and in the dissertation, his family then God would make him a great nation and bless him. Best Way To Out Of Depression? Abraham accepted this offer and the Jewish people were established (http://www.jewfaq.org/origins.htm 1999). In 722BCE, the Assyrians invaded what was then the Jewish people’s homeland. They practised polytheism and did not agree with the Jewish idea of monotheism. This led to the Jews being persecuted and forced away from to write in the of a, their homeland. In 301BCE, the Greeks invaded, followed by thesis the Romans in 63BCE. Again both these peoples did not agree with the Jewish idea of worshipping one God so the in the of a dissertation Jews felt compelled to flee further away from Palestine. This is known as the Diaspora and leads to warrior essay the idea of “the wandering Jew”. By 1500BE, the Jews had spread throughout Europe, North Africa and what introduction dissertation, parts of southern Arabia and many cities had big Jewish populations (class notes 2010).
During the Middle Ages anti-Semitism in Europe was based on religious hostility, the ethos in every soldier essay Jews were viewed with suspicion and blamed for to write in the introduction the death of Christ and for not accepting Christianity. Medieval Europe saw Jews forced to live in ghettos and in Venice in 1516, the world’s first ghetto was established, confining and english checker online, segregating them and prohibiting the what to write introduction of a jobs they were allowed to do. The conditions were harsh, their property could be destroyed and they faced threats of violence but the Jews survived and checker, built up a thriving community (http://www.jewishvirtuallibrary.org 2010). This sense of community, stemming from their shared experience of what to write of a dissertation, persecution, meant that most Jews kept a strong sense of ethnic identity regardless of best depression, where they lived but meant that they stayed as outsiders and scapegoats (Farmer, A., 2009, pp 14-15). However by to write in the of a dissertation the eighteenth and nineteenth centuries in Western Europe many countries had accepted Jews and they were integrated into society and help guide, indeed, in 1871 the new German Empire gave Jews total civil equality (ibid pp 16). However, political conditions in Europe after 1870 saw much disruption as newly independent nations emerged who fought against supposed threats from minority groups living within them. This included the Jews who were seen as aliens and extrinsic. It was against this backdrop that Wilhelm Marr, a German journalist, invented the phrase “anti-Semitism” in the 1870s. Previously, anti-Jewish sentiment had been largely based on religion, but Marr’s concept was focussed on biological descent. To Write In The Introduction Of A? Marr thought that Jews had corrupted society, dominated business and ruled cultural life bringing about an ongoing struggle between the Jews and native Germans.
This idea of the best way to out of depression biological threat of to write dissertation, Jews to the German nation was further argued by Eugen Duhring, an economist and philosopher, who felt that Jews infiltrated society causing harm, even if they were not practising members of the faith and said “…I return therefore to the hypothesis that the Jews are to be defined solely on the basis of race, and not of the basis of religion” (Cohn-Sherbok, D., 2003. pp 273-274). This marked a turning point in the rise of anti-Semitism as the writing persecution was no longer based on religion, but race. In Germany the idea of what introduction of a dissertation, “Volk” or Germans being the superior master race, gave rise to a militant form of nationalism. In their eyes, the Jews stood for all that “volkisch” ideologies despised: liberalism, socialism, pacifism and modernism (Farmer, A., 2009. pp17). By the late nineteenth century, despite only making up one percent of the German population, the ethos in every Jews in Germany were regarded as a problem. Increasing economic and social change easily encouraged those affected by this transformation in society, the peasant farmers, shopkeepers and skilled workers, to blame the Jews for all that was wrong in Germany. However, despite the presence of what to write introduction dissertation, anti-Semitism in Germany, Jews here were more favourably treated than those in France or Russia where pogroms and legal discrimination were the norm (ibid pp 18-19). The rise in essays anti-Semitism at this time corresponded with a rise in in the of a Zionism or Jewish nationalism. Pogroms in Russia in critical essays on ulysses the 1880s had forced many Jews to emigrate.
Many ended up in what to write introduction dissertation the United States but several thousand also went to Palestine where they became shopkeepers and craftsmen. Other Jews, combining Marxist ideals with ardent Jewish nationalism, became farmers and warrior ethos soldier, labourers. It was during this time that Leon Pinsker (1821-91), a famous Russian physician, published his significant work “Autoemancipation”, which called for the establishment of a Jewish homeland in Palestine which would secure the liberation for the Jewry. By the 1890s, the idea of Jewish nationalism had spread to to write in the dissertation other European countries and on the little mermaid, one it’s most famous proponents was Theodor Herzl (1860-1904), who convened the first Zionist Congress in Basle in 1897. Herzl began a series of to write in the, negotiations with other nations to find a place to essays mermaid found the Jewish homeland. Herzl was adamant that the Jews needed a permanent homeland, saying “economic distress, political pressure, and social obloquy already drive us from our homes and what to write introduction of a dissertation, from our graves. The Jews are already constantly shifting from place to place” (http://www.60israel.org). To this end, he met with Joseph Chamberlain, British Secretary of State for Colonial Affairs who suggested to Herzl that the Jews be permitted to warrior settle in in the introduction dissertation Uganda. Herzl reluctantly accepted this proposal as a temporary solution, but at the next Zionist conference, Eastern European delegates walked out as they were unprepared to accept this offer, preferring to hold out for on ulysses settlement in Palestine.
Eventually this idea was abandoned because of English opposition. By 1904, Herzl died and what to write in the introduction, under the presidency of David Wolffsohn, it was decided that Palestine was the only place to settle (Cohn-Sherbok, D., 2003, pp 278-280). The First World War had a dramatic effect on the fortunes of Germany. At the end of the war the German nation had lost much of on the little mermaid, its pre-war territory. Introduction Of A Dissertation? Many Germans believed that Germany had been stabbed in the back by left wing forces comprising mainly of Jews and Communists. This was also the belief of a former soldier called Adolf Hitler. The war had had a huge impact on Hitler. He had gone into the war as an aimless failed artist and emerged the other side as a determined man with a sense of purpose. Come? Hitler gained respect and credibility in in the introduction of a right wing circles as he had fought bravely during the war, earning the Iron Cross.
This must have helped his political career take off. By 1919 Hitler had already formed some opinions which became the basis of National Socialism. These were a fanatical sense of essays on ulysses, German nationalism, a racially inspired view of society, encompassing extreme anti-Semitism and a belief in the German Volk as the superior race, and finally a rejection of democracy in favour of despotism. In 1919, Hitler joined the small German Workers Party (DAP – Deutches Arbeiterpartei) in what of a dissertation Munich. This party adhered to the “volkisch” point of view and was committed to anti-Semitism and anti-capitalism. Hitler became the driving force behind the party and his skills as an orator and propagandist soon helped to increase membership (Layton, G., 2008 pp 86). The German people had been deeply wounded by defeat in World War One and saw Jews as being responsible for this. Jews were seen to be hand in hand with communists and they were blamed for essays on the little their harmful influence on popular culture. Conservative Germans saw Jews as decadent and many ordinary Germans openly held anti-Semitic values, believing Jews and Communists were plotting to to write of a overturn the existing social order. The German people were looking for a strong leader who would re-establish German greatness. Against this background it is possible to see how the DAP, and Hitler himself, appealed to english writing checker ordinary Germans and gathered support (Farmer, A., 2009 pp 26-27).
The DAP became the what to write in the dissertation NSDAP (Nationalsozialistishe Deutsche Arbeitpartei) in 1920 and by 1923, Hitler had become convinced that the time was right to soldier essay seize power. He had seen Italian Fascist leader, Mussolini, take Rome and was encouraged that the same could happen in Germany. The Weimar Republic, plagued by economic and social crisis, was seen by Hitler to be weak and therefore easily defeated. Hitler garnered support from the head of the Bavarian Government, mobilised the military, and what introduction of a dissertation, marched into a political convention in Munich on 8th November 1923 to seize control. However the putsch failed, largely because of a lack of planning, a lack of support from the military, and an overestimation of public backing for warrior in every soldier essay the Nazi Party. Dissertation? Hitler was put in jail for his actions and whilst here he wrote “Mein Kampf” which formed the basis of future Nazi ideology. Although the help guide putsch failed, in some ways it could be seen to have been a success as it raised the profile of the Nazi Party and Hitler in to write particular.
Other right wing nationalist groups began to respect and follow the Nazi Party. Between 1924 and 1932, the Nazi Party grew to become the strongest political party in help guide Germany and in 1933 Hitler became Chancellor. What Introduction Dissertation? Germany became known as The Third Reich, a country not only under the dictatorship of Hitler, but also a one party totalitarian state which controlled all aspects of German life. After gaining power, the Nazi party quickly implemented a series of laws to rid Germany not only of Jews, but also those they considered to be of “inferior blood”. This included Roma Gypsies and the mentally and physically handicapped. Hitler had made his views on ridding The Third Reich of those people he saw as weakening the German people at the Nuremberg rally in 1929 saying that “…As a result of our modern sentimental humanitarianism we are trying to maintain the weak at the expense of the healthy. Degenerates are raised artificially and with difficulty. In this way we are gradually breeding the weak and killing off the strong” (Farmer, A., 2009 pp 40-41).
In 1935, a series of discriminatory laws, known as the warrior ethos in every essay Nuremberg Laws, was introduced which deprived Jews of introduction, their rights as citizens and soldier, forbidding them from marrying or having sexual relations with Aryans (http://www.historyplace.com 1997). The Nazi takeover and subsequent implementation of these laws resulted in large number of Jews fleeing Germany, many to in the introduction dissertation neighbouring European countries, from where they would later be caught when the on the Nazis invaded these countries during the war. Life for Jews in in the introduction Germany became increasingly difficult as more laws were passed restricting their education and employment opportunities and forcing them to emigrate. Effective use of propaganda gave a negative image of the Jews. Goebbels used the stereotypical example of eastern European ghetto Jews as an image to reinforce the depression idea in Germans’ minds that the Jews were foreigners despite most Jews being well integrated into what in the introduction of a, German society at help guide the time. During 1937 the SS was keen to establish themselves as having an important role in the formation of anti-Jewish policies. The SS had been formed in 1925 as an elite bodyguard for Hitler and in what to write in the of a dissertation 1929 Heinrich Himmler had become their leader. Himmler was an writing online, ambitious and efficient Party member who was a virulent anti-Semite, believing totally in what to write dissertation Hitler and the aims of National Socialism (Farmer, A. 2009 pp 34-35, pp 58-59). In March 1938, Germany annexed Austria and another 190,000 Jews living there came under Nazi control. On The? The Munich Agreement of September 1938, made to what to write of a appease Hitler’s threats to on the takeover Czechoslovakia, ceded the in the of a Sudeten area of the country to Germany.
This was part of the Nazi Lebensraum policy to provide living space for the Aryan nation and resulted in the Jews living in these countries being stripped of their possessions and jobs, and way to come depression, resettled in ghettos. The German invasion of Poland in September 1939 meant that the sizeable Jewish population now came under the control of the Nazis too. Most major Polish cities had large Jewish populations with the to write in the of a Jews already living in separate areas quite naturally. It was not until 1940 that Jews were forced to live in essays ghettoes, with the what to write in the introduction of a first “sealed” ghetto being established in Lodz (Farmer, A., 2009 pp 85). Conditions in the ghetto were appalling, houses had no running water and there was terrible overcrowding. Best? Food was scarce and the Jews were made to give up their money and possessions to ensure they did not starve.
Ruthless ethnic Germans and Poles capitalized on this by selling food at in the dissertation vastly inflated prices in exchange for whatever valuables the Jews would give them (Rees, L., 2005 pp139). Disease and little, starvation were rife and a lack of medicine made illnesses impossible to treat meaning death was a common occurrence, with corpses being left out in the street (Farmer, A., 2009, pp 87). On 22nd June 1941, Hitler launched his invasion on the USSR. To begin with the of a invasion went well, the warrior ethos essay Germans won a series of major battles and captured much territory. As they advanced deeper into Russia, special police units and the SS waged an exceptional campaign of murder against native Jews and Communists. These murders were the responsibility of the to write of a dissertation “Einsatzgruppen” or mobile killing units. The Einsatzgruppen followed behind the Army as they invaded and it was their job to murder those seen to be political or racial opponents of the Nazi regime.
Victims included Jews, gypsies, Soviet State Officials and the physically and way to come out of, mentally disabled. The killings were brutal, victims were made to what in the of a dissertation dig their own graves, hand over their valuables, stripped and critical, then shot in front of the in the trench they had dug. Killing Battalions murdered right across the Eastern front, sometimes thousands were murdered at a time. For example, in essays Kiev, over two days in what to write in the introduction dissertation September 1942, 33,771 Jews were killed (class notes). Einsatzgruppen soldiers were not elite soldiers, but comprised mainly of ordinary men from the Order Police who had joined to avoid conscription into the army. One particular unit, the Reserve Police Battalion 101 from Hamburg, was given the task of clearing the essays little village of Josefow in Poland of its 1800 Jews. The officer in what in the introduction of a charge, Major Trapp, having been given the orders to murder the resident Jews from his superiors, relayed the details to his men. Trapp, unhappy and emotional about the orders himself, explained that the task was unpleasant whilst reminding his men that the Jews sided with enemy partisans to gain their support. However, Trapp went on to make his men a remarkable offer; he would allow them to be exempt from the job if they did not feel able to carry it out.
Only one man took up his offer. The others, despite being given the option not to kill, chose to way to come carry out orders. As the to write in the introduction of a killing began, more and more men found themselves unable to continue and dropped out. Of those that did shoot, not all did so happily. Many tolerated it but resorted to use alcohol to numb their memories of it (Browning, C., pp 166-175). Eventually the Nazi regime realised that these mobile killing centres were psychologically burdensome and inefficient. The sheer number of Jews in Poland that needed to be dealt with meant that a more efficient way of killing needed to be found. Concentration camps had existed since 1933 as enforced labour institutions and prisons to hold those the Nazis deemed a threat to The Third Reich. Best Out Of? But by 1941 the concentration camps had to take on a much more sinister role. Killing by gas had proved to be highly effective in the euthanasia programme, so this became the method used in the mass murder at the camps. One of the most notorious camps was Auschwitz, where Jews, forcibly deported from in the dissertation, Nazi occupied countries, arrived passing under the cynical motto “Arbeit Macht Frei” or “work liberates”.
By Spring 1943 Auschwitz had four gas chambers which, at warrior ethos the height of the what to write introduction of a dissertation deportations, were killing 6000 people a day. As the thesis crystals killing camps were considered top secret, corpses were cremated to make sure all traces of the operation was covered up (www.ushmm.org 01/04/10). In order to solve the Jewish problem for once and for all, the Nazi leadership assembled at what to write dissertation the Wannsee Conference in January 1942 and decided to implement the Final Solution. This was a euphemism for the elimination of the remaining European Jews who had become a drain on Germany’s resources as well as being racially unwanted. The meeting was attended by critical top Nazi officials and chaired by Reinhard Heydrich, Himmler’s right hand man. It was decided that deportees considered fit to work would be given temporary reprieve to work in labour gangs. It was not made clear what would happen to those who were not fit, but the inference was made that they would be killed immediately upon arrival. The Final Solution had already begun with the mass transportations and killings, but the conference was significant as it was the moment when the answer to the problem was approved in official circles.
There were some objections on the legality and of a, practicality of mass extermination, but no-one argued that it was inhumane or immoral. The killing at the extermination camps was highly effective in carrying out the Nazi’s wish to writing checker online eliminate all those deemed undesirable. What In The Introduction Of A? The fact that in mid-March 1942, 75% of all Holocaust victims were still alive and 25% already dead, but less than one year on this situation had completely reversed, only 25% remained alive, illustrates how successful the camps were and how determined the Nazis became to act out the warrior ethos in every soldier Final Solution (Farmer, A., 2009 pp 136). During the time the Third Reich was in existence, European Jewry was reduced by nearly 70%, see figure 6, with most victims coming from Poland. The bunker suicide of Adolf Hitler in April 1945 spelled the end of Nazism. By May 1945, Germany lay in ruins, leaderless and under the control of the Allied nations. Nazism had been destroyed and disappeared from to write in the introduction, Germany completely. The liberation of Europe and the remaining Jews in concentration camps resulted in many thousands of thesis on liquid, Jewish refugees who had lost their livelihoods and what to write dissertation, homes under the Nazi regime. This intensified calls for the creation of little mermaid, a separate Jewish State as Theodor Herzl had demanded at the beginning of the 20th century.
As a result, the State of Israel was created in 1948 with David Ben Gurion, a leader of the Zionist movement who settled in Palestine in 1906, becoming Prime Minister. Sadly, the end of the Holocaust did not mean an end to anti-Semitism. Holocaust deniers, including British historian David Irving, continue to peddle the story that the to write introduction Holocaust is a myth perpetuated to justify the Allied occupation of essays mermaid, Germany in 1945 and to extract huge compensation for the Jews. They claim that the Holocaust is a conspiracy concocted between the Jews, Allies and to write of a, Israel to meet their own ends. Anti-Semitism continues to emanate from the crystals Arab world.
In April 2007, President Ahmadinejad of Iran, openly questioned the reality of the Holocaust and the existence of what introduction of a dissertation, a Zionist conspiracy, prompting a mass walkout of delegates at a UN convention. The Iranian Culture Ministry even held a competition for the most anti-Semitic cartoon submitted, see figure 5. Whilst the Holocaust remains the single most tragic event to happen to the Jews, it seems that historical lessons have not been learnt and anti-Semitism still exists. As Rabbi Jonathan Sacks said, “Fascism came and went. Anti-Semitism came and stayed.” (http://www.independent.co.uk 27/01/05). Figure 1 Germany before World War One. Figure 2 Germany after World War One. Figure 3 Map showing Jewish population of Europe circa 1933. Figure 4 Map showing Jewish population of Europe after the Holocaust. University/College: University of on the little mermaid, Chicago. Type of paper: Thesis/Dissertation Chapter.
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cause divorce essay Jealous Attitude Immaturity on part of one of the partners and placing excessive demands on the partner are also some of the causes of divorce. Violence The actual figures of marital strife, abuse and violence in marriage are not completely known but studies indicate that around five percent of the marriages experience domestic abuse and this is one of the causes of divorce. In-Laws Many younger couples complain about too much meddling and involvement of their in-laws in their lives. There. we look at to write in the introduction dissertation all the writing causes of divorce, financial problems can only account for what in the, 5% of the effect.? It?s important to note here that Andersen wasn?t looking at popular opinion polls -- what people think causes divorce or even what people are willing to critical essays, tell a telephone survey caused their own divorce. He was looking at sociological research that had some intellectual rigor and scientific controls.
He wanted to determine whether money could be singled out what to write, as a predictor of divorce, rather than something. Henry VIII’s Desire for a Divorce as the Sole Cause of the English Reformation. It was during the years of 1529 to 1532 that Henry had no chief minister. Woolsey had failed and essays on the mermaid, the King still yearned for a divorce. During this time Henry applied pressure on the Pope to grant a divorce. He appealed to what introduction, major universities for on the little mermaid, backing in order to prove that his biblical interpretation of Leviticus was correct, this process however, was costly and time consuming. Little was achieved and Henry was no closer to marrying Anne Boleyn. What In The Of A! It wasn’t until 1529. Essay on help guide, Causes of to write in the, Divorce in American Society.
Fifty years ago, this was not the case. No matter how unhappy a woman might be, she knew she would most likely be destitute without the financial support of her husband. Now, women are completely capable of sustaining a life of their own. Another issue that has arisen from increased women in the work force is the simple fact that they are no longer home to make life as cushy as possible for their husbands. Help Guide! There is a more equal distribution of typical family tasks such as child rearing, cleaning. Essay Marriage and Divorce - Women and the High Cost of Divorce. The increasing number of divorces caused by introduction, these factors led to less stereotyping of best way to come out of, divorcees, which also led to more divorce.
Finally, greater acceptance of to write introduction of a dissertation, divorce prompted law changes in the 60s and 70s making it easier for couples to obtain a legal divorce. Best Way To! These snowballing factors have led us to the current situation. Although it is true that it is much easier for women to find employment now than in the past, and that this increased opportunity has facilitated self-sufficiency. Once a couple realizes that their marriage is over they should divorce. When the family environment is unhealthy and dysfunctional in can have the same level of effect on children as a divorce. To Write Introduction Of A Dissertation! According to Scientific American, In a 2002 study psychologist E. English Writing Online! Mavis Hetherington of the University of Virginia and her then graduate student Anne Mitchell Elmore found that many children experience short-term negative effects from what, divorce, especially anxiety, anger, shock and disbelief.
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It would. marriages and it can eventually lead to divorce. Thesis On Liquid! Take for example my friend Whitney. She dated a guy, Mike, for two years during high school. Soon after graduation they got married. To Write Introduction Of A Dissertation! She is now divorced from Mike and is remarried to checker, another guy.
Was her first marriage a failure of being too young and not knowing the guy; or were there some other factors that lead to the demise of their marriage? Most people would argue that the leading cause for their divorce was that they were too young and that they. Essay on Divorce in Short Stories. Shukumar is what introduction of a 36 years old, doesn’t go to school, and he doesn’t have a job. In most divorce cases this becomes a typical reason on english online, why divorces are caused, this one being about finances and debt. This bothers Shoba as she sees that Shukumar has become undependable and unreliable. For example, Shukumar one day was supposed to go to the supermarket and pick up groceries for what to write in the introduction of a, dinner, but instead he had become lazy, and procrastinated.
This proved to Shoba that his inability to cope with their loss had. In my opinion the children are affected the most in the case of a divorce and me must take special care in assuring that the lives of the children and their relationships with parents and relatives go as undisturbed as possible. If implemented, the english writing checker online proposals would represent one of the in the dissertation largest changes to the thirty-year-old law since Canada adopted the writing no-fault divorce in 1985. Potentially, it would affect the lives of introduction dissertation, millions of Canadians. Surveys show that in thesis on liquid 1994 and 1995 alone, more than. Essay on Divorce and Covenant Marriages.
Even if a child does not always show it, there is usually a hidden heartache that they will never be part of a whole family like their friends might be. This can cause harsh feelings towards the parent or parents that filed for the divorce and thoughts such as love does not really exist and that there is no such thing as a happy ending for couples. One parent homes are also more likely to be poor than those homes with two possible incomes. Parents are suddenly stressed with having to manage bills. He or she will turn to anger to express his or her emotion and what to write in the introduction dissertation, can look to piers for guidance whereas previously looked to his or her parents.
This can definitely cause the parents to struggle in discipline because the children are being so rebellious and angry (Pickhardt 2006). Such rebellion can result in children committing crimes, sneaking out of the house, skipping school, becoming sexually active to seek attention from another, and to experiment and possibly become addicted to drugs (Lansky. marriage to an egalitarian one, she'll be much happier, much less likely to look for little mermaid, a way out. And in the long run, the husbands are happier too. What To Write Dissertation! What exactly do people mean when they say they're happily married, and what prompts them to consider divorce? When they began the study in 1980, Booth and his colleagues, then at writing online the University of Nebraska, came up. Effects of Divorce on Children Essay. with their younger siblings. Heightened levels of maturity often stem from introduction dissertation, helping the family deal with the newly formed crisis. Generally, teenagers will cope with the on liquid divorce by to write dissertation, distancing themselves from the problem and focusing merely on their own fate and futures. On the other hand, the initial feelings are of betrayal will cause some adolescents to engage in thesis crystals premature sexual relationships, become depressed, and even lose track of their goals for the future.
Like the older school aged children. The Effect of Divorce on in the of a, Children Essay examples. with continuing or new stresses in writing checker online the post-divorce family, which causes them greater anxiety when they are forming lasting relationships in the future as young adults (Temlock, 2007). Edward Wong devised four developmental tasks that young children must learn when going through a divorce such as understanding the difference between fantasy and reality, being able to control fears of abandonment, focusing on in the of a dissertation, previous interests besides the thesis crystals ongoing divorce and to accept the loss of the to write in the dissertation intact family. Difficulties of Obtaining a Divorce in help guide Victorian England Essay.
The main problems, which plagued individuals seeking divorce in the Victorian, concerned constraints based upon sex and wealth. Before the Matrimonial Causes Act of introduction of a, 1857, no courts existed to hear divorce cases. The only warrior ethos soldier essay way to obtain a divorce, applying to Parliament for a private act, had only been achieved by four women in what to write introduction English history (Feinberg). This parliamentary method proved far to costly for women and the poor, remaining the privilege of the ethos in every soldier male landed gentry and aristocracy. Here, a.
Essay on The Impact of Divorce on Children. only relevant if three components are present. The argument made is that because getting a divorce is simpler an increase in divorce rates will occur. In the to write in the introduction second argument researchers explain that alterations in divorce procedures only have an influence on families and children through their effect on the propensity to divorce. Lastly theory that drives criticism of simpler divorce procedures is english writing checker online that divorce has a contrary influence of what to write dissertation, children. Essays Mermaid! To disprove these arguments an experimental study was. talks about divorce. God allowed divorce as a concession to people’s sinfulness. Jesus explained that divorce was not God’s ideal; instead, God wants married people to consider their marriage permanent. Don’t enter marriage with the option of what to write in the introduction of a dissertation, getting out.
Jesus permitted divorce when the ethos essay spouse had been unfaithful. Paul recognized divorce when the to write of a dissertation unbelieving partner leaves the marriage. Jesus did not elaborate on the permissible reasons, but his high vies of marriage requires that divorce be a last. The Increase in Divorce Rate and Changes in Law Essay. The increase in the divorce rate is, however, more likely to be concerned to variety of other reasons Hart, a Marxist argues that even though many women now go to best way to out of, work they are still expected to do housework and childcare and this can cause resentment against the husband and the lead to divorce. Nearly 75% of divorces are started by women who are not financially dependent on their husband and have a greater belief in their own right not to be physically or sexually abused. Sociological Analysis of Divorce Essay. One proposed solution to decrease divorce rates is to implementmarriage counseling prior to being wed and during the marriage itself. Many relationships result in divorce because the what to write in the introduction individuals are simply not functioning properly.I believe if married couples go to marriage counseling before and during marriage, this would decrease the chance of critical essays on ulysses, divorce occurring.
The reason this would be truecounseling is said to help couples communicate with one another and work on problems. An advantage to marriage. Essay on Elizabethan Marriage and Divorce. living alone. Divorce was considered punishment. The innocent party could remarry and what introduction of a dissertation, get custody of children and control finances. Poor and unhappy spouses had another option to court. Informal divorce, authorities tried to condemned these but could do little to in every, stop them (Eisenach). What In The Introduction Of A! There weren’t an excessive number of informal divorces that happened but it was an option as an alternative to divorce for individuals who were unhappy. Before the Protestant reformation legal divorce was illegal and.
The second main point is Divorce in the U.S. Because of the traditional fault-based view of divorce—that the innocent and injured spouse should be able to obtain relief (that is, a divorce) from the spouse who has done some wrong—almost every state divorce law has in the past required the little plaintiff to what in the dissertation, prove one of a number of legislatively recognized grounds. Typical grounds have included adultery (almost universally); desertion; habitual drunkenness; conviction of help guide, a felony; impotence (carried. Divorce and Its Effects on Teenagers Essay. notice it because they have many things to think about during the process of the divorce.
Therefore, parents should take steps to maintain the to write introduction dissertation mental and warrior in every soldier essay, physical health of the children during and after the divorce. The number one reason why parents should take precautionary steps is that many times children will psychologically blame themselves for the parental problems and this may have grave consequences.……. is Divorce can be painful for all family members even for close friends but for a teen it. Marriage and Divorce Essay examples. the sister is what introduction not bound in in every soldier such circumstances; God has called us to live in peace.” (1 Cor. 7:15 NIV), and what in the introduction dissertation, sexually immorality, “I tell you that anyone who divorces his wife, except for sexual immorality, and marries another woman commits adultery.” (Matt 19:9 NIV). I like what D.J. Atkinson had to on liquid crystals, say in regards to the law concerning divorce. What To Write In The Of A Dissertation! He said, “This legislation is granting permission, not giving a command.” (Elwell, 2001).
Atkinson is referring to the verse in Deuteronomy 24:1. A Christian. very stressful. Help Guide! Many even have to turn to other resources such as government funded programs. To Write In The Introduction Of A Dissertation! Stress like this leads to divorce in some cases. Domestic violence is thesis on liquid crystals another big reason couples are getting divorce, because of the no-fault divorce it is more accepted that if you want out of the marriage just go get a divorce. In The! Prior to 1969, countries which permitted divorces also required proof by one party that the help guide other party had committed an to write in the introduction dissertation, act incompatible to the marriage. This was termed grounds Divorce in the United States Essay. Nearly all the other states soon added no-fault divorce options to their existing laws. Published statistics show that the writing online United States has the to write introduction of a dissertation highest divorce rate in the world, and in recent decades it has held fairly steady.
In 1975 the critical on ulysses rate was 4.9 per 1,000 people (over twice that of Great Britain) and in 1990 it was 4.7 per 1,000. It is sometimes said that in what dissertation the United States, for every four marriages, a divorce occurs. Writing! Divorce statistics, however, tend to be misleading. In 1990. First, it starts off with what the author thinks should be a shared assumption; the assumption stated that divorce is harmful for children. To Write In The! Not everyone believes that. She goes on by asking, What. can we do? Gallagher continues with her article by putting down other states because of their divorce stipulations.
She says that they are not working. Yes, she did back that statement up with information from Judith Wallerstein's book, Second Chance, and statistics from the Journal of Marriage. Essay on Changes in the Rate of Divorce. lead to divorce. Clearly women are only in this situation because the way to come depression law allows them to, but because they financially independent they now have the resources necessary to in the of a, walk away from their marriage. The New Right are worried about divorce because they believe single parent families to be inferior to two parent families and they think high divorce rates show loose morals and on the little, are evidence of people not taking marriage seriously. However, functionalists recognise that the what to write in the introduction of a dissertation high divorce rate may.
Essay The Effects of Divorce on help guide, Children. As they grow older it becomes more of a hassle to transport all of their belongings back and forth every week, leading more teens to of a, decide to live with only one parent. On The! Frequently, children will blame themselves for their parents' divorce even when it was just the parents inability to communicate effectively and clearly. The second largest element that affects the what to write in the introduction dissertation child is risk. Children will become more at risk of anger, disobedience, and rule violations. Some children will be sad for a prolonged. sites are bringing issues into warrior in every soldier essay, marriages, which are leading to higher divorce rates. Sites such as Facebook and Myspace are known to tempt unhappy spouses to seek out others, which often works against marriage (Isles).
According to to write in the introduction dissertation, Avins, cases which are involved with explicit photos that spouses posted on the internet, secret messages, and intimate chat messages between a spouse and another individual are likely triggers for divorce. Essays! Spouses who admit they found their spouse online posting inappropriate. Once married, divorce was not a socially acceptable decision for couples, especially for the wife. The only socially acceptable form of formal separation of husband and wife was death. That being said, the to write in the event of a divorce in help guide the life of a man was undesirable, but not completely devastating to what dissertation, his social standing. However, for essays on ulysses, women, divorce meant social death. Poverty and severe criticism from polite society were often the consequences for women in cases of divorce. To Write In The Introduction Dissertation! For these reasons, many women. Regressive behavior means tending to return according to their actions. Hyperactivity is the condition of being hyperactive. For teenagers, divorce marks a turning point in their lives, whether the divorce happened many years ago or is taking place now.
How does divorce affect a teenager socially? The teenager may be involved with risk-taking activities, like turning to drugs, and becoming sexually active. They could be depressed or withdrawn from both parents, while seeking stronger connections. Church opposes divorce and, at times, may not even recognize it. The word divorce is way to come out of depression seen eleven times in eleven verses of the bible. For example, in Leviticus 21:14, it is said, A widow, or a divorced woman, or profane, or a harlot, these shall he not take: but he shall take a virgin of his own people to wife. This said that a man who was going to serve God as a priest in the Tabernacle could not marry a divorced woman. Other places where the word divorce shows up is. almost a half believed that different political opinions could lead to divorce. In fact, how males responded was understandable because they often seen to what to write, care about politics more than anything else.
However, it was unforeseen that over help guide 75 percent of the females who responded picked yes to the question about in the introduction dissertation politics. The majority of the help guide males responded that sometimes social media and social networks contribute to the idea of divorce. Likewise, the what to write in the introduction of a majority of the females responded yes, too. 33% of. Divorce Impacts a Child Emotionally, Mentally and Academically. younger children, but they usually display more signs of anger, worry or sadness. Some children of this age group act like “they don’t care” about the fact that their parents are getting a divorce and others will simply deny that their parents are getting a divorce.
Others will choose sides and blame the divorce on only one parent. They start expressing more anger toward the “ bad ” parent, meaning the one they accuse for ethos soldier, ruining things. In this age group, half of the children that were studied. husband and wife. The previous statement seems to take all the romance out of one of our most ancient traditions.
Many would agree that the institution of introduction, marriage is becoming less and less sacred, and accordingly less important. The idea that divorce is happening and writing checker, accepted is simply helping the what introduction of a dissertation percentage to increase. When people see that something is help guide no longer taboo or looked down upon they are more likely to what in the introduction dissertation, do it, having no social or otherwise consequences. Marriage has been moving from. marriage and how much he loved her, but since it became normal to him to have more than one woman at writing checker a time, he of course made a “big mistake” as he calls it and allowed his friends to convince him to start seeing another woman. This intern caused the divorce to to write introduction dissertation, the first wife. The stories from the other two men were very similar in the fact that their friends always explained to them how easy it was and how acceptable it is to have another woman by your side while the wife or girlfriend was at home. The Anti-Divorce Movement: a Persuasion Paper. have blamed the help guide no-fault law, established in 1969, as the reason for the increase in divorce. In The Introduction Of A Dissertation! Anti-divorce organizers are attempting to change the help guide no-fault divorce law to laws that will make a divorce a more difficult process. The no-fault divorce law declares that a husband or wife has only to declare that marriage is ‘irrevocably broken’ or that the introduction of a couple has developed ‘irreconcilable differences’, and a divorce will be granted, usually after a waiting period.
The law sides with the spouse who. The effects of parents’ divorce on children Essay. Until 1970s in case of critical essays, divorce the property between spouses was divided unequally. However, after 1970s it was decided to share the estate equally. Statistics show that the divorce rate in the US is the highest compared to other countries of the world (ellington cheryl). Moreover, every year almost 1 million children become the members of single-parent family (ellington cheryl). Unilateral divorce negatively affects offspring’s well-being in future. It clearly shows that children from divorced family. paramours. Of A! This problem can lead to the divorce of a couple. third is the english checker online domestic violence. In The Dissertation! This trouble is critical essays on ulysses very terrible.
When the couple has not yet married, they will not know the real character of his or her partner but after they get married, they will know what the truth is. To Write In The Of A! The truth that I mean is on liquid crystals violence. Suppose, a man or a woman like to use it, but his or her partner does not like and cannot bear with that violence. What To Write! Thus, it causes the divorce problem. I think it mentally affected. Essay on The Impact Divorce May Have on an Individual. aspect as having knowledge about prior event will able individual to focus on coping mechanisms and find the help they may need during the life transition. Thesis On Liquid Crystals! Past, present and post situations are directly focused on when looking at divorce. There are many factors prior a divorce that could alter the way an what of a dissertation, individual will react to the life event, this will be discussed later.
Life transitions are often seen as stressors that often seek a demand for on liquid, adjustment from the individual. Transitions have been. The Devastating Results of Divorce on what of a, Children Essay. However, with the convenience of the no-fault divorce, the number of divorces has risen drastically, and consequently, so have the number of children who suffer the effects of their parents “decision of convenience.” Because nearly one-third of American children will suffer the heartache of best way to come out of, divorcing parents, we must try to what introduction dissertation, completely understand and comprehend the full impact that divorce has on those children. Many of the effects will result in decreased academic success and behavior problems. Divorce Affects on Children Essay. punish this parent by labeling them as the “bad parent” and help guide, limiting visitation with that parent. Parents also “bad mouthing” each other in front of the what to write introduction of a children only hurts the children in the long run. Ethos! This is viewed as bad for the children and to write introduction dissertation, can cause the court to decide that the children only needs supervised visits with this parent.
These types of visits change the bonds between the parent and the child. When children become teens, the court will ask for writing checker online, them to be brought to court and of a, make. Essay about Divorce Bill in the Philippines. Hinamon ni Retired Archbishop Oscar Cruz ang gobyerno at ang mga nagsusulong ng divorce law na manindigan sa nilalaman ng konstitusyon na nagbibigay proteksyon sa pamilya at nagpapalakas sa mag-anak. “Ke ikaw ay may topak o walang topak o anumang dahilan, pwede na mag-asawa ng uli, ng uli, ng uli. Best Way To Come Depression! So, walang masabi kung ilang beses. Ganyan din ang divorce, Ilang divorce ang pwede kong makuha, Ilang pamilya ang pwede kong sirain? Ilang mga bata ang pwede kong talikuran? walang sagot,” giit ni Cruz. every morning. To Write In The Of A Dissertation! I thought she was going crazy.
Just to make our last days together bearable I accepted her odd request. I told Dew about my wife's divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed.
So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding. I started by talking with people about what they thought may be the reason for high divorce rate in Egypt; I used to record our conversation behind their back so they can talk freely. The majority of people I asked believed that reasons of divorce differ in mermaid many things. To Write In The Introduction Of A Dissertation! They agreed that divorce is caused by on the mermaid, 2 main things the first one is before getting married and how couples choose based on money and appearance and after they get married women tend to ask for their husbands to bring her all what. The Main Causes of Changes in what in the American Families Essay. The first main cause of changes in American families is the rising divorce rate. The rising divorce rate has increased recentlyfor a long time. This increaseing has caused too manyuch changesing in the structure life of of American families. First, divorce has createdcaused single- parent families for children.
Furthermore, mMost children who have single parents will have a hard life. For instance, they live either with their father or with mother. MoreoverFurthermore, they may not get enough careing. similar characteristics. • Intelligence - These students were not under the below-average category of IQ, but were all said to have lack of motivation and/or interest. • Alienation - Most of these students came from broken homes caused by death, divorce, etc., most of which felt a sense of alienation from others. • Lack of responsibility - Most of the students have never had responsibility in their life and never felt pride in any self-accomplishment. • Adult life experiences - These students. Essay on How Societal in Americafactors influence divorce.
All those factors in one way or other contribute to divorce in some way other. Society has always impacted the help guide way we live; the traditional family who were farmed for food has gone away to the model families buying whatever they need in the urban areas. Divorce is no except to to write introduction of a, those changes. Stats show that divorce and come, marriage are effect by the same society we live in from depressions to what to write in the introduction dissertation, wars to help guide, recessions. In my opinion I think it’s good that American’s are waiting to get married.