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Avis et test : 6 niveaux laser « ligneurs » Simples dutilisation, ces appareils a faisceau laser permettent de projeter simultanement deux lignes, une horizontale et une autre verticale. Essays? Pratique pour monter des etageres, poser du carrelage ou encore fixer des cadres Rien ne fait devier un faisceau laser de sa trajectoire. Critical Essays? Il peut rester concentre sur sa cible a des dizaines de metres de distance. Les professionnels du batiment ont compris depuis longtemps linteret du niveau laser. Essays Org Uk? Tres precis, il remplace avantageusement les niveaux a bulles, et meme le fil a plomb pour certains. Il libere les mains et rend inutiles crayon ou cordon a poudre.
Le laser est un faisceau organise de lumiere monochromatique spectrale (tres pure) dune longueur donde uniforme. Wsn Thesis 2011? Les particules se deplacent toutes dans une seule et meme direction. Essays Org Uk? Elles sont tres concentrees pour obtenir un point lumineux de taille quasiment identique sur une grande distance. Essays Dickens? La longueur donde du laser est exprimee en nanometre (nm)*, unite de mesure qui determine la distance et la precision du rayon. Plus le chiffre est faible, plus la portee est grande. Essays? Par exemple, un appareil qui a une longueur donde de 650 nm a une portee de 30 m, et un laser de 635 nm peut atteindre 100 m. Wsn Thesis 2011? Les mesures sont relevees sur les points projetes, car les traces en ligne droite demandent plus denergie (la longueur donde augmente), ce qui implique une diminution des distances. Essays? Il existe deux types de niveau laser : rotatif et ligneur (ou en croix).
Le niveau laser rotatif est essentiellement utilise par les professionnels et les bricoleurs experimentes. Do You Need For A Book? Cest le laser le plus performant, mais aussi le plus couteux. Org Uk? Il est ideal pour le gros ?uvre, car les mesures sont possibles jusqua 100 m sur 360°. Il ne trace pas mais envoie un point lumineux a un recepteur. Need? Le niveau laser en croix (ou « ligneur ») est quant a lui plus adapte au second ?uvre. Essays? Il peut etre efficace jusqua 30 m et transforme un point lumineux en ligne horizontale, verticale ou les deux. College Template? Les « ligneurs » de notre banc dessai sont tous pendulaires et a nivellement automatique.
Deux diodes laser sont fixees sur un cylindre metallique suspendu, freine par des aimants pour le stabiliser. Il trouve le niveau automatiquement si son support a une pente inferieure a 4°. Essays? Fixes sur un pied, certains niveaux peuvent tracer des diagonales en bloquant le systeme de nivellement automatique. Wsn Thesis 2011? La projection de lignes a une incidence sur la puissance du faisceau et influe sur la portee du niveau laser. Essays? La marge derreur varie selon les modeles entre 0,1 et 1 mm/m. Template? En utilisation courante, les niveaux laser ne presentent pratiquement aucun danger, mais il faut eviter de positionner le faisceau en direction des yeux, ne pas utiliser une loupe ou des jumelles pour lobserver et eviter toute utilisation en presence denfants, qui ont tendance a chercher dou vient le rayon *1 nanometre (nm) correspond a un milliardieme de metre La plupart des appareils sont livres avec des trepieds.
Skil et Bosch proposent des modeles pouvant aller jusqua 1,50 m. Essays Org Uk? Avec son systeme de mat, le Stanley. Avec une platine de fixation rapide, le trepied du Bosch savere tres pratique. Sa tete articulee lui permet de tracer des diagonales, comme le Skil, mais ce dernier ne possede pas darticulation sur le haut du pied. Wsn Thesis 2011? Trois modeles (Black Decker, Makita et Stanley) peuvent se fixer au mur. Essays Org Uk? Les deux derniers ont une platine magnetique pour les ossatures metalliques. College Book? Un trou pour le passage dune vis de renfort est aussi prevu.
Le Black Decker saccroche sur des supports tendres comme le bois ou le platre. Org Uk? Il dispose dune molette arriere pour regler sa hauteur (jusqua 10 cm) et dune molette frontale qui le fait pivoter. Contrast Macbeth? Pour realiser le calepinage dun carrelage, par exemple, les niveaux sont poses directement sur le sol. Org Uk? A noter : si la pente est superieure ou egale a 4°, le nivellement automatique ne se fera pas et le faisceau seteindra. Contrast Macbeth? Le niveau laser Stanley peut sutiliser en exterieur. Sur de longue distance, le rayon devient invisible et le faisceau se transforme en point. Essays? Une cellule de detection sonore est fournie : un bip retentit lorsquil y a concordance. Dickens? Parfait pour la pose de lambris ou pour suivre une rampe descalier si lon veut ajouter une main courante contre un mur, le trace en diagonale est possible pour certains niveaux en bloquant le nivellement automatique.
Nous avons effectue ces essais avec six niveaux laser « ligneurs »(« croix ») correspondant au mieux a un usage courant pour les amenagements interieurs. Essays? Les tests ont ete realises sur mur blanc avec les niveaux places sur leurs trepieds. Differentes luminosites ont ete testees : un eclairage artificiel interieur et un eclairage naturel (lumiere du jour). Contrast Macbeth Lady? Ces differentes ambiances ont permis de constater les pertes de lisibilite du trait. Essays Org Uk? Un autre test effectue sur leloignement du niveau laser par rapport au mur (de 1 m jusqua 10 m) a mis en evidence les pertes de precision de lappareil, de lintensite du trace en fonction de la distance ainsi quune variation de son epaisseur.
Les tests ont egalement porte sur le temps de mise automatique a niveau du au mouvement pendulaire de la masselotte. Enfin, nous avons superpose des lignes pour verifier les differences dalignement. Wsn Thesis 2011? Les six modeles testes constituent une offre adaptee aux differents amenagements interieurs. Essays? Ils sont tous a nivellement automatique, ce qui permet a un bricoleur debutant dutiliser le niveau laser sans apprehension. Contrast Lady Essay? Il nest pas necessaire dinvestir dans un modele haut de gamme pour une utilisation occasionnelle et si la distance de travail est inferieure a 5 m. Org Uk? La precision et la finesse du faisceau feront la difference dans le choix. Le test de la distance a mis en evidence les limites de certains lasers, comme le Skil, decevant. Essays Dickens? En effet, la ligne tres fine et nette a 1 m, devient pratiquement illisible a partir de 3 m (eclairage normal), et les lunettes se font donc obligatoires (fournies par le fabricant). Mais, au travers des lunettes, le trace devient grossier jusqua 5 mm depaisseur.
Pour presque 100 , on essays org uk aurait aime un peu plus dallonge. Theoretical Dissertation Proposal? Le Black Decker et le Ryobi restent parfaitement lisibles et precis jusqua 5 m. Essays Org Uk? Les Bosch, Makita et Stanley sont a laise jusqua 10 m. Wsn Thesis 2011? Ils permettent denvisager des travaux plus consequents, mais leur prix peut etre un frein Comparaison de six niveaux laser ligneur Cliquer sur l'image pour l'agrandir. Essays Org Uk? Prix constate ttc 80 Puissance du laser 2,2 mW* Portee de la ligne 6 m. Critical Dickens? Precision 0,5 mm/m. Essays Org Uk? Nivellement automatique oui. Need A Thesis Book Report? Tracage des diagonales non. Essays? Tension 9 volts. Accessoires support mural et trepied. Au sol ou sur un support, il est operationnel. Contrast Macbeth? Bien concue, la platine support se punaise au mur et offre un reglage en hauteur.
Seul laxe deporte du vissage sur trepied est peu pratique. Essays? Fonctions : 7,0. Son systeme de balancier pour le nivellement automatique ne se verrouille pas et lui interdit les traces obliques. Critical Essays? Confort dutilisation : 7,0. Essays Org Uk? Le changement de mode par poussoir en facade est tres simple.
La hauteur du trepied est un peu basse mais il prend de la hauteur en se fixant au mur grace a sa platine. A Thesis For A Report? Precision : 5,0. Essays? La mise a niveau automatique est un peu longue. Le trace reste lumineux jusqua 10 m sans trop se deformer, avec une lumiere faible. Wsn Thesis 2011? Lorsque la lumiere est plus forte, le trait devient peu visible.
Resultat du test : 6,6. Essays Org Uk? Le faisceau est lumineux, mais la portee moyenne le destine surtout a des petits amenagements interieurs. Wsn Thesis 2011? Cest le plus simple et le moins cher Prix constate ttc 206 Puissance du laser 1 mW* Portee de la ligne 20 m. Essays Org Uk? Precision 0,4 mm/m. Macbeth Lady Macbeth Essay? Nivellement automatique oui. Tracage des diagonales oui.
Tension 6 volts. Accessoires trepied et sacoche de transport. Essays? Un trepied a tete articulee oriente le niveau en tous sens. Compare Contrast Macbeth Essay? Bien concu, le pied aide a linstallation rapide de lappareil. Essays Org Uk? Le tableau de commande est tres simple.
Fonctions : 7,5. Il peut projeter une ligne horizontale sur 360°. College Report? Le systeme de balancier peut etre verrouille assurant le tracage de diagonales. Org Uk? Confort dutilisation : 7,5. Paper? Le mode de trace se change de facon intuitive grace a un petit tableau de bord a larriere. Org Uk? Le plus : la projection sur 360° du faisceau horizontal qui evite souvent de deplacer le niveau. Wsn Thesis 2011? Precision : 7,5. Essays Org Uk? Le nivellement prend un peu moins de 3 secondes. Compare Contrast Essay? Le faisceau perd en luminosite et en finesse a partir de 10 m. Org Uk? Les 20 m annonces par le fabricant paraissent optimistes.
Resultat du test : 7,4. Book Template? Le fabricant a trouve une astuce pour que le trace horizontal soit visible sur 360 degres, ce qui est normalement la specificite des lasers rotatifs Prix constate ttc 219 Puissance du laser 2,2 mW* Portee de la ligne 15 m. Org Uk? Precision 0,5 mm/m. Contrast Lady? Nivellement automatique oui. Essays Org Uk? Tracage des diagonales oui. Do You Need Report? Tension 4,5 volts. Org Uk? Accessoire support mural. Facile a transporter, immediatement operationnel quil soit sur le sol, au mur ou sur un pied (en option), sa compacite et son revetement antiderapant lui conferent un aspect solide. Essays? Fonctions : 7,5. Le trace des diagonales est possible grace au verrouillage du systeme de nivellement qui neteint pas lappareil. Essays Org Uk? Confort dutilisation : 7,5.
Ergonomique, mais un peu juste en equipement, il noffre quun support mural magnetique. Compare Contrast Essay? Un bouton economie denergie (pulse) limite la luminosite du faisceau. Precision : 7,6. Essays Org Uk? Precis de 1 a 10 m. A Thesis For A Report? Le trait projete reste bien lumineux sans trop de deformation, on sent facilement quil peut aller au-dela. Essays Org Uk? Le nivellement automatique est presque instantane. Resultat du test : 7,6.
Avec une projection pouvant atteindre les 15 m sans trop de perte de precision, ce niveau laser cible les professionnels. Proposal? Son prix aussi. Essays? Prix constate ttc 120 Puissance du laser 1 mW* Portee de la ligne 9 m. Critical Essays? Precision 0,5 mm/m. Essays Org Uk? Nivellement automatique oui. Tracage des diagonales non. Tension 4 volts. Paper? Accessoire chargeur de batterie. Essays? Ressemblant a une petite torche electrique, la mise en route est difficile. Do You Need A Thesis For A Report? Une fois que lon a compris comment deverrouiller le nivellement automatique, le travail peut commencer. Essays Org Uk? Fonctions : 7,0. Apa Thesis Paper? Systeme de nivellement automatique, sans blocage pour la projection de diagonale.
Il donne aussi laplomb. Org Uk? Confort dutilisation : 6,5. Contrast Macbeth? Il est le seul a etre livre avec une batterie et son chargeur. Un simple bouton change de fonction. Essays Org Uk? La hauteur du niveau est reglable sur 3 cm avec une molette.
Precision : 7,0. Book? Le faisceau est precis, lumineux et tient la distance. Org Uk? Le mouvement de balancier est tres prononce lors de la mise a niveau automatique et devient vite genant. Essays Dickens? Resultat du test : 6,8. Essays Org Uk? Prix constate ttc 95 Puissance du laser 1 mW* Portee de la ligne 4 m. Book? Precision 1 mm/m. Nivellement automatique oui. Tracage des diagonales oui.
Tension 3 volts. Accessoires valise de transport, trepied, lunettes de vision laser. Utilisable sur trepied jusqua 1,50 m ou sur le sol. Essays? Grace a ses multiples reglages, le niveau est vite operationnel. College? Une platine graduee le fait pivoter avec precision sur 360°. Fonctions : 7,0. Laser en croix comme les autres, le verrouillage du systeme de mise a niveau automatique lui autorise les traces obliques.
Confort dutilisation : 7,0. Org Uk? Le mode de trace se change tres simplement grace a deux boutons au sommet de lappareil. Write Apa Thesis? Lutilisation du trepied interdit le mode tracage oblique. Essays Org Uk? Precision : 5,0. La mise a niveau automatique est longue.
Le trace est fin, lumineux et precis jusqua 2 m ; la lecture est delicate des 3 m. Theoretical? Les lunettes deviennent obligatoires, mais la ligne se deforme. Essays Org Uk? Resultat du test : 6,6. College Book? Un equipement tres complet, une valise rigide de transport, un trepied et des lunettes de vision offrent a ce modele une large palette dutilisation. Org Uk? Prix constate ttc 245 Puissance du laser 2,2 mW* Portee de la ligne 15 a 50 m avec. Critical Essays Dickens? Precision 0,5 mm/m. Nivellement automatique oui. Essays? Tracage des diagonales oui.
Tension 4,5 volts. Do You Need For A? Accessoires support mural, mat telescopique, capteur laser et sac de transport. Essays? Sa prise en main est facile. Apa Thesis? Il marque sa difference avec les autres niveaux laser grace a son trepied a mat telescopique qui peut atteindre les 5 m. Org Uk? Fonctions : 7,5. Contrast Lady Essay? Ce laser pendulaire sutilise aussi pour le trace de diagonales. Org Uk? Dommage que la platine de fixation sur la perche ne soit pas orientable. Confort dutilisation : 7,5. Critical Essays Dickens? Pour la pose de suspente, le mat telescopique livre avec ce laser est un plus evident. Essays Org Uk? Le support du laser se fixe rapidement a la hauteur voulue. Report Template? Precision : 8,0. Org Uk? Les tests ont demontre sa grande precision. Critical Essays Dickens? A 10 m, le trace reste lumineux et fin.
Le capteur sonore est tres sensible ; a 20 m, il capte le point du niveau laser facilement. Essays? Resultat du test : 8,0. Apa Thesis Paper? Grace a son rayon daction de 15 a 50 m avec cible laser, ce niveau peut aussi etre utilise pour les travaux de terrassement ou de facade (2 commentaires postés) Posté par Samlad le 18/12/2016 a 19:55. C'est marrant dans le System D de decembre le skil est le coup de coeur system D et qualifie de bonne surprise exequo avec le Bosch. Essays? Faudrait se mettre d'accord.
Posté par machuron le 18/12/2016 a 16:48. Do You Need For A? Article interessant, mais je ne vois pas le resultat des tests. Essays Org Uk? C'est moi ou bien.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for essays and executing the A essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and critical compiling condensed, effective, 30-50 page course outlines. Org Uk. And much more. A law student learnsfinallyto learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed the tools to confidently tackle exams in a methodical way. Jan Court, Univ Texas '00. Just knowing you have a plan i.e., the compare macbeth macbeth essay, steps keeps you from worrying about org uk panic. Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.]
1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on do you a thesis for a a final exam, most if not all of which is essay in nature. (You are basically asked to identify and org uk analyze so-called issues generated in macbeth essay a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the essays org uk, code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of lady macbeth, Civil Procedure in civil procedure]). Normally open book allows you to essays org uk, bring in class notes, textbook, outlines, whatever, which tends to wsn thesis 2011, reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the essays, law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to do you need for a report, protect professors and students alike.
Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the essays org uk, LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. Apa Thesis Paper. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the essays org uk, 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 you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer.
You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the critical, model responses, I don't think I can ever do that, unless you have a knack for essays org uk taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for write any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an essays occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.
As she explained to her husband moments later by phone: Not the most graceful move in critical essays dickens the world, Morris. Org Uk. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into do you a thesis the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris.
Not the most graceful move in essays the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of write apa thesis paper, Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and org uk Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 OFU, Inc. and critical dickens Setter moved for essays org uk a change of venue to Queens County.
2 Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband.
Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Following a directed verdict during trial dismissing her cause of compare lady essay, action for destruction of the racquet, Doris immediately instituted a claim for essays org uk damages on do you the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the org uk, issues raised in the above. Majority state law applies.
RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Generally, all information not otherwise privileged that is relevant to the subject matter of the action is theoretical dissertation discoverable, whether or not the material would be admissible as proof. Communications between spouses A confidential communication between husband and wife is privileged against disclosure by essays org uk, either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction Generally, in order to determine the rights and duties of contrast macbeth essay, parties to an action, and to essays, 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 the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the compare contrast macbeth, summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the essays, summons and complaint with a person of essays, suitable age and discretion at the place of org uk, business does not satisfy the requirements of due diligence.
Waiver of Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of report template, personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission A request for admission imposes a duty on the party served to acknowledge the essays, existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against college book traffic on essays org uk a one-way street).
However, it is not proper to write paper, request an admission to org uk, 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 do you need a thesis for a reasons of essays org uk, economy, prevention of book, harassment, and org uk avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit. Venue Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and wsn thesis 2011 defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview Six distinct events/motions.
Perform Steps One, Two, and essays Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps a constant way of thinking.] Step One [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of write paper, generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not.
3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. Org Uk. 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 all six, from this point on I shall work on each question to book report, completion before going on to the next .] Step Two [Consider each pairing, party, and objective. Org Uk. Cull facts (and course outline) for relevant premises.] 1 = Venue of do you need a thesis for a report, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.)
2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . Essays. . No.4; . . . 5; . Dissertation. . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of essays org uk, spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three [Consider each premise to note missing elements or real issues.] [Since there appear to write apa thesis, be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an essays independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the dissertation, first paragraph of analysis, or whether one or more elements can be focused on org uk as pivotal.] Preview of do you need for a report, a logical sequence for discussion No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.
[When question(s)/instruction(s) offer a labeling format, you of course normally use it. 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 essays org uk, them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the write apa thesis paper, action arose. Essays Org Uk. Transitory has been defined to a thesis report, mean that the essays, transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. Need For A Book Report. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the essays, 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 critical essays, requirements of essays, personal jurisdiction only macbeth where personal service on org uk a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at compare macbeth essay, in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the essays org uk, summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of do you a thesis book report, due diligence.
Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is essays after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. Wsn Thesis 2011. [Analysis.] Conclusion : Setter's defense of org uk, lack of compare contrast macbeth 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 either spouse and by a third party (e.g., an essays org uk eavesdropper). Critical. [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an org uk indication of Coris' truthfulness. Do You A Thesis For A Report. 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 remarks about dinner and a hot tub seems merely casual. [Analysis.]
Conclusion : The motion will fail. Essays. 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 dickens, facts that are not in doubt and that should not be necessary to essays, prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is macbeth essay negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to essays org uk, prove at trial. Book Report. Moreover, in essays org uk that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment.
A final judgment on the merits of a claim or cause of action generally precludes reassertion of write apa thesis, that claim or cause of essays org uk, action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on critical essays dickens 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 essays, the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in critical dickens its bylaws and articles of org uk, incorporation) of manufacturing and need a thesis for a book report 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 essays, the counter, and write apa thesis 2001 the essays, total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to dissertation proposal, forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.
The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture.
When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to org uk, Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of compare contrast lady essay, RIPCORP against essays org uk the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an wsn thesis 2011 ultra vires act, and for essays repayment by the RIPCORP board of directors of critical dickens, 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 first make a demand on the board of essays, directors, and dissertation proposal failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and essays org uk purchased insurance to provide for same.
Meddle immediately moved to quash these actions. How should the do you need for a book, 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 essays, purposes and powers of the theoretical proposal, corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the org uk, 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 college book, record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the org uk, corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is compare contrast macbeth brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the essays, 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 compare macbeth lady, post security for costs, unless 1) the org uk, 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 corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against do you for a report expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and org uk reasonable care in critical essays dickens the circumstances. The corporation may purchase insurance to essays, indemnify officers and directors for book report template even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the essays, officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview The three motions referred to by the question are like three questions, each to be considered separately. Apa Thesis. [Note the enormous benefit here of skipping over the facts.] Step One Conflict pairing(s) : [A quick review of the motions in conjunction with the essays org uk, sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Proposal. Note that motion #1 also provides Movant RIPCORP's premises (!!).
Whether the essays, ultimate objectives will be achieved depends upon resolution of the critical essays dickens, 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 essays org uk, insurance be quashed, versus maintenance of same. Step Two [RIPCORP is apa thesis movant for essays motions 1 and 2, Meddle for 3. The motions themselves, especially the write paper, first, point to overriding premises. Essays Org Uk. In that a court may dismiss all or part of a suit, each premise must be considered in light of critical essays, each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to essays org uk, first make a demand on the board, and wsn thesis 2011 failure to org uk, state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to college book, relevant portions of essays, corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of write paper, directors in org uk such a suit. Step Three [The motions seem more or less equivalent in weight. Given the college book, complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .]
Preview of a logical sequence for discussion No reason apparent for not proceeding chronologically. Lack of standing/failure to essays, state a cause of action. Generally, a shareholder may sue the write paper, corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in essays common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the dissertation proposal, demand; or she is a holder of five percent of any class of outstanding shares.
M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. Essays. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts acts beyond the purposes or powers of the do you need book, corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and org uk retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the a thesis, appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is 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 org uk 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 college, 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 essays org uk, post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000.
However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the theoretical proposal, security requirement seems utterly lacking, it is unlikely that a court would permit the essays, corporation to impose this financial impediment. College. [Note the org uk, use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of need for a, defending the action, unless, inter alia, he is adjudged to org uk, have violated his fiduciary duty of compare contrast lady macbeth essay, good faith and reasonable care in the circumstances. Essays. The corporation may purchase insurance to indemnify officers and directors for theoretical proposal 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 RIPCORP, and a judgment obtained in this respect cannot be indemnified against. Essays. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Contrast Essay. 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 essays org uk, the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for compare contrast lady macbeth some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings.
Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of essays org uk, indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by proposal, M, and denied with leave to renew at a later time with respect to org uk, all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to college report template, my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to essays org uk, my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and theoretical dissertation republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following:
1) Although sober when he made the codicil in 1999, T was drunk out of essays, his mind when he executed the 1994 will. 2) T sold Swayback to book report template, a syndicate in 1997 for $200,000. 3) Inadvertently in essays org uk 2000 T, falling asleep at his desk with cigarette in hand, set fire to theoretical dissertation proposal, some papers. One of the essays, papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the compare lady, 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 not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). Org Uk. By statute in dickens many jurisdictions, however, dispositions to essays org uk, 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 write paper, estate Shall be in accordance with a decedent's last will and testament. Execution of a will A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication A properly executed codicil to a revoked will operates as a republication of essays org uk, a will that is, in form, properly executed. This is report template so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by essays org uk, 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 proposal, revoking the org uk, will. Specific legacy A bequest of template, a particular, individualized chattel, differentiated from all other articles of the same or similar nature. Org Uk. It must be taken by contrast macbeth lady macbeth, the legatee as and where he finds it. Testamentary capacity Absent evidence to org uk, the contrary, testamentary capacity will be presumed where the testator, in dissertation proposal executing a will or other document, accurately recites the org uk, nature and extent of his property, and critical dickens recognizes the org uk, 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 essays probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview The instruction points to parties who stand to take from T's estate. Each will be in essays opposition to anyone or anything that would prevent him from taking from theoretical proposal T's estate. Step One X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and essays taking from T's estate. B v. Z seems a key conflict. Step Two [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in write 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 focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response.
My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to essays, take may be an interesting discussion. Preview of a logical sequence of wsn thesis 2011, 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.
But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. Essays Org Uk. The 1998 will was inconsistent with the 1994 will and made a complete disposition of critical dickens, T's property, thereby revoking the essays, 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 wsn thesis 2011 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 T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in essays org uk executing the dissertation proposal, codicil accurately recited the nature and essays org uk extent of his property and dissertation proposal recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by org uk, means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and critical dickens B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from org uk all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to compare contrast macbeth, be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the org uk, 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 need a thesis, testator ordinarily lapses. By statute in org uk 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 do you report stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to essays org uk, a will may take under that will, providing said will can be proved in probate without his assistance. Write Apa Thesis. 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 essays org uk, 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for do you need book not allowing a witness necessary to essays org uk, probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in wsn thesis 2011 having the essays org uk, will probated is compromised. Dickens. Y, however, not S stood to take under the 1994 will. Essays Org Uk. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to do you need for a, 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 org uk, 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. Dissertation. I might even decide to put it on the blank page left at the beginning. (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and org uk model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to college book template, two first year classes by essays org uk, their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students with professor comments! as what was wanted.
His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . Do You A Thesis Book. The exemplar is, in essays fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is for a book report a system whereby in essays org uk structured, step-by-step fashion, the examinee knows exactly what is theoretical dissertation proposal wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and org uk therefore will skim through quickly to book, 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 org uk issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and 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 wsn thesis 2011, 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for essays org uk written analysis. Part II consists of critical essays dickens, 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. Essays Org Uk. You may not, of course, confer with or receive assistance from theoretical dissertation any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. Essays Org Uk. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for wsn thesis 2011 Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to essays, anything.
Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for compare macbeth lady macbeth essay Part II, and org uk the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in college order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of essays, civil procedure identical to the Federal Rules of Civil Procedure;
2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of theoretical dissertation proposal, its decision in essays org uk International Shoe; 3. all states have also enacted the need for a book report, following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the persons. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in org uk this State by an act or omission outside this State if the college book report template, person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in essays org uk Part I are worth a total of college report template, 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to essays org uk, the following memorandum from one of your employers. I Quit is not a recommended answer. To: Associate.
Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and book report Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Essays Org Uk. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to macbeth lady essay, the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into org uk an apartment in Swabia to do you, see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [First Commercial] attended a lecture on furniture repair that Isolde gave in essays Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to write apa thesis paper, procure their business. After receiving a letter at their shop offering the banks services, Tristan and Isolde decided to borrow $150,000 from First Commercial.
By telephone, they requested the bank send them the paperwork at their shop. Essays. On August 15, 2003, Tristan and book report template Isolde signed the essays, loan papers at their shop and Tristan immediately took them to First Commercials main office, located ten miles away in the State of college report template, Prussia. First Commercial then gave them a check for $150,000 minus closing costs of essays org uk, approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and wsn thesis 2011 that it was to be repaid in essays org uk two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan.
When First Commercial threatened to write paper, sue them, Tristan settled the banks claim against him for essays $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to college book template, collect the unpaid principal and interest. First Commercials attorney served Isolde with process by essays org uk, registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and book summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the essays org uk, judgment against Isolde with the United States District Court for proposal the District of essays org uk, Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in need a thesis for a book report 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 org uk Swabia and apa thesis paper 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 essays an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Do You For A. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on essays behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for dissertation the same lawsuit. Given that she was served while in the state, it now seems to essays org uk, me that the wsn thesis 2011, judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a students essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. Essays Org Uk. . [LEEWS note: We reprint this commentary in wsn thesis 2011 blue.] LEEWS NOTE: IRAC (merely a formula for organizing analysis of an issue) prescribes a statement of essays, I ssue to write paper, precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to essays org uk, begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only suggestion is that underlining or boldfacing key words in the preamble of law e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of essays dickens, claims as outlined in org uk 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 write apa thesis paper, citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to essays org uk, know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for critical essays more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in essays Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see if she would enjoy life on her own. If Isolde is wsn thesis 2011 found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction.
However, if Isolde is found to have relocated to Swabia with the intent of staying for org uk the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. Book Report. [Please do not use abbreviations, including this one.] This action could not be brought under federal question jurisdiction because breach of contract is a state common-law claim. Essays Org Uk. Therefore nothing in the plaintiffs complaint arises under the Constitution and laws of the United States.
Subject-matter jurisdiction is never waived, and in essays 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 org uk, District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at a thesis for a report, this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by essays, making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on need a thesis for a book report collateral attack is because she did not appear at essays, all in the original action. Since she did not appear, there is college book no reason to essays org uk, discuss Rule 12.] First, Isolde will argue that there are no traditional bases for college report template 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 essays org uk, 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. Compare Macbeth. Because it is essays necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on dickens the basis of essays, 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. Wsn Thesis 2011. [A surprising number of students referred to this as a forum selection clause. Essays. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a persons demonstrated obliviousness to important distinctions. Critical. Others simply didnt know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to org uk, our class discussions of it.] Statutory basis.
First Commercial will argue that the wsn thesis 2011, long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: a) transacting any business within the State. The claim for relief, the $100,000 breach of contract, arises from the defendants act of entering into org uk the loan contract, which First Commercial will argue was executed on Tristans delivery of the loan documents to the Banks main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the a thesis for a book, statute literally and narrowly. Org Uk. 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 college book template, signing of the contract, which causes an in state result, the 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 essays org uk, this problem. The statute covers transacting business in the forum state directly or by compare macbeth lady macbeth essay, an agent. Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the org uk, papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and do you need a thesis book report that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. Org Uk. There is simply no basis in the facts for speculating that Isolde didnt know what she was signing. Indulging in speculation that she might not have reveals desperation.]
Constitutional Standard. The Fourteenth Amendment to theoretical dissertation proposal, the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendants minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and essays org uk 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 theoretical dissertation, court first accepts the argument that the essays, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Do You Report. Therefore, Isolde did not purposefully avail herself of the privileges of essays, conducting activities in wsn thesis 2011 the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and org uk she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the do you for a book, facts seem to essays org uk, favor First Commercial.
In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining fair play and substantial justice, articulated in the US Supreme Courts Burger King decision? In weighing the contrast macbeth essay, 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 dispute would be well served because of the choice of law provision; Prussia has an interest in essays adjudicating its own laws. The interest of the several states in write apa thesis efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion.
Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in org uk Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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After Brief Halt, F.D.A. Allows Sales of org uk Drug for Cancer to Resume. After a clamor from some patients and doctors, the Food and Drug Administration announced on college book Friday that it would allow sales to resume of a leukemia drug that was temporarily withdrawn from the essays, market for causing potentially deadly side effects. Sales of the drug, Iclusig, from Ariad Pharmaceuticals, were suspended on Oct. Need Book Report? 31 after the F.D.A. concluded that the medicine increased the essays org uk, risk of critical heart attacks, strokes, blindness, amputations and death. But Ariad and the F.D.A. said the drug could again be marketed, though for a somewhat narrower patient population. There will also be stronger warnings about the side effects. Sales are expected to resume by mid-January, Ariad said. The suspension of sales of the drug, which is used mainly to treat chronic myeloid leukemia, had set off protests from doctors, patients and patient advocates, who said Iclusig was the only medicine that worked for some people, the only thing keeping them alive.
For such patients, the loss of the drug was a safety concern of greater magnitude than the cardiovascular risks, a group of leukemia specialists and patient advocates wrote in a letter to the F.D.A. One of those specialists, Dr. Michael Mauro of the Memorial Sloan-Kettering Cancer Center in New York, said he was pleased with the outcome. This is exactly what Id hoped they would do, which is to be sensible, he said. Although there is risk, there are clearly patients for whom the drug is efficacious. It is rare but not unprecedented for the F.D.A. to lift restrictions on use of essays org uk a drug. Lotronex, a medicine for irritable bowel syndrome, and Tysabri, for multiple sclerosis, were returned to the market in 2002 and 2006. Both had been withdrawn because of potentially lethal side effects and both had strong support from patients. Unlike those two drugs, however, Iclusig had not been totally withdrawn from the market, just suspended. This year the do you for a, agency lifted some restrictions on use of the diabetes drug Avandia after a new study did not confirm an essays increased risk of heart attacks.
Shares of college book Ariad, which is based in essays org uk Cambridge, Mass., rose 16.5 percent on write paper Friday. The shares also rose on Wednesday and Thursday on heavy trading volume, suggesting the news might have leaked. While some Wall Street analysts had predicted that sales of the drug would eventually be allowed to resume, the fact that it took less than two months is something I dont think anyone envisioned could possibly happen, Harvey Berger, Ariads chief executive, said in essays org uk an interview. Ariad executives estimated on Friday that 1,300 American patients a year would be eligible for treatment under the new label, down from 2,500 under the old label. One use under the new label, which was expected, is for patients whose cancer cells have a particular mutation that make them resistant to all drugs except Iclusig. But the new label also allows use for patients for college book report template, whom no other drug is indicated. That language puts the decision in the hand of the treating physician, Dr. Berger said. The original label said the org uk, drug was for patients resistant or intolerant to prior drug treatment.
An error has occurred. Please try again later. You are already subscribed to this email. College Book Template? During the org uk, sales suspension, Iclusig was still available, but only if a doctor filed an application with the wsn thesis 2011, F.D.A. for essays org uk, each patient, a cumbersome process. Some 350 such applications have been approved, Ariad said.
That represents more than half of the 640 patients who were using the commercial supplies of the drug at the time the sales were suspended. During the suspension, Ariad did not get paid for the drug, which used to college, cost $115,000 a year, but which executives said would now be raised a bit. Iclusig is the companys only essays marketed product. Known generically as ponatinib, Iclusig is the newest of a class of drugs that have turned chronic myeloid leukemia from theoretical dissertation, a fatal into a chronic disease for most patients. The first such drug was Novartiss Gleevec, followed by the same companys Tasigna and essays Bristol-Myers Squibbs Sprycel. Iclusig was approved last December under a program that allows drugs for serious diseases to reach the market with less than the dissertation proposal, usual amount of supporting data. But as more patients used Iclusig, and as patients in the clinical trials were followed for longer periods, safety problems, particularly blood clots, began to mount. While the drugs original label had a so-called black box warning about blood clots, the new warning is much stronger and essays org uk more explicit. It notes that clots or significant narrowing of the arteries have occurred in at dissertation least 27 percent of patients treated with Iclusig, causing fatal heart attacks and strokes and other problems, some in org uk patients less than 50 years old.
Heart failure when the heart cannot pump enough blood occurred in 8 percent of patients, with some fatalities, the need book, warning says. Essays Org Uk? Ariad also agreed to distribute more information to doctors about the risks and to conduct further studies, including testing lower doses. Still, some patients whose cancer has been kept in wsn thesis 2011 check by the drug are willing to essays, accept the risks. Not returning Iclusig to the market is analogous to taking away my life line that has returned our lives to normal, Hans Loland, a 45-year-old father of wsn thesis 2011 three young boys from Woodinville, Wash., wrote to the F.D.A. Ariads stock has lost most of its value since the safety problems first came to light in early October. After sales of Iclusig were suspended, it laid off 160 people, or 40 percent of its work force. In contrast to the F.D.A., the org uk, European Medicines Agency did not suspend sales of Iclusig, though it recommended steps to reduce risks. The European agency has, however, begun a more thorough review of the drugs safety. A version of this article appears in print on December 21, 2013, on college report template Page B3 of the essays org uk, New York edition with the headline: After Brief Halt, F.D.A. Allows Sales of Drug For Cancer to Resume.
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Effects of essays org uk Poverty, Hunger and Homelessness on book template, Children and Youth. The nations economic crisis has deeply affected the lives of millions of Americans. Skyrocketing foreclosures and job layoffs have pulled the rug out from under many families, particularly those living in org uk low-income communities. Deepening poverty is inextricably linked with rising levels of critical essays homelessness and food insecurity/hunger for many Americans and children are particularly affected by these conditions. Find out below a summary of the myriad effects of poverty, homelessness, and org uk, hunger on children and compare macbeth lady essay, youth. Various resources (from APA and other organizations) have also been listed that provide information and tools on ways to fight poverty in America. For more information on essays org uk, APAs work on issues surrounding socioeconomic status, please see the Office of Socioeconomic Status. What are the current poverty and unemployment rates for Americans? The ongoing economic crisis has negatively affected the essays, livelihoods of org uk millions of Americans.
According the U.S. Bureau of do you need Labor Statistics (2012), the unemployment rate is 8.3 percent as of January 2012. Despite the data showing a decline of 0.2 percent from December 2011, the unemployment rate is still high by all accounts, having doubled since the beginning of the recession in December 2007. U.S. Census Bureau data shows that the U.S. poverty rate rose to 15.1 percent (46.2 million) in 2010, an essays org uk increase from 14.3 percent (approximately 43.6 million) in 2009 and the highest level since 1993. In 2008, 13.2 percent (39.8 million) Americans lived in critical dickens relative poverty. In 2000, the poverty rate for individuals was 12.2 percent and for families was 9.3 percent. In 2010, the poverty threshold, or poverty line, was $22,314 for essays a family of four. Over 15 percent of the population fell below this threshold in 2010. The percentage of people in deep poverty was 13.5 percent of all Blacks and 10.9 percent of all Hispanics, compared to 5.8 percent of Asians and 4.3 percent of Whites.
While non-Hispanic Whites still constitute the largest single group of Americans living in poverty, ethnic minority groups are overrepresented (27.4 percent African-American; 28.4 percent American Indian and college, Alaskan Native; 26.6 percent Hispanic, and 12.1 percent Asian and Pacific Islander compared with 9.9 percent non-Hispanic White). These disparities are associated with the historical marginalization of ethnic minority groups and entrenched barriers to org uk good education and jobs. Where is a thesis, child poverty concentrated? U.S. Census data reveals that from org uk, 2009 to 2010, the total number of children under age 18 living in poverty increased to 16.4 million from theoretical, 15.5 million. Child poverty rose from essays, 20.7 percent in 2009, to critical essays dickens 22 percent in 2010, and this is the org uk, highest it has ever been since 1993.
Racial and wsn thesis 2011, ethnic disparities in poverty rates persist among children. The poverty rate for Black children was 38.2 percent; 32.3 percent for Hispanic children; 17 percent for non-Hispanic White children; and 13 percent for Asian children. The National Center for Children in Poverty reports that 17.2 million children living in the U.S. have a foreign-born parent, and essays, 4.2 million children of immigrant parents are poor. It is reported that child poverty in immigrant families is more closely related to low-wage work and barriers to valuable work supports. The Population Reference Bureau (2010) reports that 24 percent of the 75 million children under age 18 in the U.S. live in a single-mother family. The poverty rate for compare macbeth essay children living in female-householder families (no spouse present) was 42.2 percent in 2010; 7 in 10 children living with a single mother are poor or low-income, compared to less than a third (32 percent) of children living in essays org uk other types of do you need a thesis book report families.
A staggering 50.9 percent of female-headed Hispanic households with children below 18 years of essays org uk age live in theoretical dissertation proposal poverty (48.8 percent for essays Blacks; 31.6 percent Asian, and report template, 32.1 percent non-Hispanic White). Single-mother headed households are more prevalent among African American and essays, Hispanic families contributing to ethnic disparities in poverty. What are the effects of child poverty? Psychological research has demonstrated that living in theoretical proposal poverty has a wide range of negative effects on the physical and mental health and well-being of essays our nations children. Poverty impacts children within their various contexts at home, in school, and in their neighborhoods and communities. Poverty is linked with negative conditions such as substandard housing, homelessness, inadequate nutrition and food insecurity, inadequate child care, lack of macbeth lady macbeth access to health care, unsafe neighborhoods, and underresourced schools which adversely impact our nations children. Poorer children and teens are also at greater risk for several negative outcomes such as poor academic achievement, school dropout, abuse and neglect, behavioral and socioemotional problems, physical health problems, and developmental delays. These effects are compounded by the barriers children and their families encounter when trying to access physical and mental health care. Economists estimate that child poverty costs an estimated $500 billion a year to the U.S. economy; reduces productivity and org uk, economic output by 1.3 percent of contrast lady macbeth GDP; raises crime and increases health expenditure (Holzer et al., 2008).
Poverty has a particularly adverse effect on the academic outcomes of children, especially during early childhood. Chronic stress associated with living in poverty has been shown to essays org uk adversely affect childrens concentration and memory which may impact their ability to learn. The National Center for Education Statistics reports that in wsn thesis 2011 2008, the dropout rate of students living in low-income families was about four and one-half times greater than the rate of children from higher-income families (8.7 percent versus 2.0 percent). The academic achievement gap for poorer youth is particularly pronounced for essays low-income African American and Hispanic children compared with their more affluent White peers. Underresourced schools in poorer communities struggle to meet the learning needs of their students and aid them in fulfilling their potential. Inadequate education contributes to dickens the cycle of poverty by making it more difficult for low-income children to lift themselves and org uk, future generations out of critical dickens poverty. Poverty and psychosocial outcomes. Children living in poverty are at org uk greater risk of behavioral and emotional problems. Some behavioral problems may include impulsiveness, difficulty getting along with peers, aggression, attention-deficit/hyperactivity disorder. Some emotional problems may include feelings of anxiety, depression and low self-esteem.
Poverty and economic hardship is particularly difficult for parents who may experience chronic stress, depression, marital distress and exhibit harsher parenting behaviors. These are all linked to poor social and emotional outcomes for children. Unsafe neighborhoods may expose low-income children to violence which can cause a number of psychosocial difficulties. Violence exposure can also predict future violent behavior in youth which places them at greater risk of critical dickens injury and mortality and entry into the juvenile justice system. Children and teens living in poorer communities are at increased risk for a wide range of physical health problems: Low birth weight. Poor nutrition which is manifested in the following ways: Inadequate food which can lead to food insecurity/hunger.
Lack of access to essays org uk healthy foods and areas for play or sports which can lead to childhood overweight or obesity. Chronic conditions such as asthma, anemia and pneumonia. Risky behaviors such as smoking or engaging in early sexual activity. Exposure to environmental contaminants, e.g., lead paint and toxic waste dumps. Exposure to write apa thesis violence in essays their communities which can lead to trauma, injury, disability and mortality. American Psychological Association, Task Force on Socioeconomic Status (2007).
Report of the APA task force on socioeconomic status (PDF, 518KB). Federal Interagency Forum on Child and Family Statistics (July, 2011). Americas children: key national indicators of well-being, 2011 (PDF, 5.3MB). Washington, DC: U.S. Government Printing. Holzer, H., Schanzenbach, D., Duncan, G., Ludwig, J. (2008).
The economic costs of childhood poverty in the United States. Journal of Children and theoretical dissertation proposal, Poverty, 14 , 41-61. U. S. Department of Education, National Center for Education Statistics, Institute of Education Sciences (2010). Trends in high school dropout and completion rates in the United. States: 19722008 (NCES 2011-012). School of Public Health, Columbia University website. What is the prevalence of child hunger in America? The Federal Interagency Forum on Child and Family Statistics reports that in essays org uk 2010, 22 percent of children under the wsn thesis 2011, age of 18 lived in food-insecure households, and org uk, one percent in households with very low food security. Food insecure means that at some point during the year, the household had limited access to an adequate supply of college book template food due to lack of money or other resources. In 20092010, 21 states and essays org uk, the District of Columbia had at least one in four households with children (25 percent or more) facing food hardship, according to book template the Food Research and Action Center (FRAC).
The District of Columbia had the highest rates of food hardship for households with children, followed by Mississippi, Alabama, Florida, Arkansas, Nevada, Arizona, Louisiana, Kentucky and Tennessee. FRAC data shows that metropolitan areas in the South and South West, and California were hard hit by food hardships. Essays Org Uk! Use of food stamps increased to 16 percent (13.6 million households) in 2010, according to U.S. Census Bureau. States with the largest increase (over 30 percent) in theoretical food stamp use included Nevada, Idaho, Colorado, Wisconsin and Florida. Approximately 1 in 4 Americans utilize at org uk least one of the U.S.
Department of Agricultures (USDA) nutrition assistance programs each year (USDA, 2011). The Food and wsn thesis 2011, Nutrition Service reports that 53 percent of essays infants born in the United States receive support from the contrast macbeth lady, Women, Infants Children program. In 2010, more than 31.7 million children each day got their lunch through the National School Lunch Program. Children from org uk, families with incomes at or below 130 percent of the poverty level are eligible for free meals. Approximately 20 million children received free and reduced price lunch, according to the Food Research and Action Center (2010). What are the effects of hunger and essays dickens, undernutrition on child development?
Maternal undernutrition during pregnancy increases the risk of negative birth outcomes, including premature birth, low birth weight, smaller head size and lower brain weight. Babies born prematurely are vulnerable to health problems and are at increased risk for essays developing learning problems when they reach school-age. The first three years of a childs life are a period of rapid brain development. Need Book! Too little energy, protein and nutrients during this sensitive period can lead to lasting deficits in cognitive, social and emotional development. Protein-energy malnutrition, iron deficiency anemia, iodine, zinc and other vitamin deficiencies in early childhood can cause brain impairment. Failure to thrive, the failure to grow and reach major developmental milestones as the result of org uk undernutrition, affects 5-10 percent of do you need for a book report American children under the age of three. Hunger reduces a childs motor skills, activity level and motivation to explore the environment. Movement and exploration are important to cognitive development, and more active children elicit more stimulation and attention from their caregivers, which promotes social and emotional development. Families often work to keep their food-insecurity hidden and some parents may feel shame or embarrassment that they are not able to org uk feed their children adequately. Critical Essays Dickens! Children may also feel stigmatized, isolated, ashamed or embarrassed by essays, their lack of food. A community sample that classified low-income children ages six to twelve as hungry, at-risk for hunger or not hungry found that hungry children were significantly more likely to receive special education services, to write have repeated a grade in school and to have received mental health counseling than at-risk-for-hunger or not-hungry children.
In this same study, hungry children exhibited 7 to 12 times as many symptoms of conduct disorder (such as fighting, blaming others for problems, having trouble with a teacher, not listening to rules, stealing) than their at-risk or not-hungry peers. Among low-income children, those classified as hungry show increased anxious, irritable, aggressive and oppositional behavior in comparison to peers. Additionally, the multiple stressors associated with poverty result in significantly increased risk for org uk developing psychiatric and functional problems. School-age children who experience severe hunger are at macbeth essay increased risk for the following negative outcomes: Chronic health conditions. Stressful life conditions. Internalizing behavior, including depression, anxiety, withdrawal and poor self-esteem. The effects of undernutrition depend on the length and org uk, severity of the period of hunger and do you for a, may be mediated by essays, other factors. Improved nutrition, increased environmental stimulation, emotional support, and secure attachment to parents/caregivers can compensate for early undernutrition. Babies who receive enough nutrition while in the womb appear to show higher cognitive performance in later childhood. The human brain is flexible and can recover from early deficits, but this also means that brain structures remain vulnerable to further negative experiences throughout childhood.
Breastfeeding, attentive caretaking and attention to environmental factors, such as sleep cycles and noise, can also promote healthy development. The USDAs nutrition programs are available to assist adults and children experiencing food insecurity. Women, Infants and Children (WIC) offers supplemental nutrition and other services to low-income pregnant women, mothers, and children under age five. Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, helps low-income families purchase food. Kleinman, R., Murphy, M., Little, M., Pagano, M., Wehler, C., Regal, K., Jellinek, M. (1998). Hunger in children in the United States: Potential behavioral and emotional correlates. Pediatrics , 101(1). doi: 10.1542/peds.101.1.e3. Tanner, E. Finn-Stevenson, M. (2002). Nutrition and brain development: Social policy implications. American Journal of Orthopsychiatry, 72 (2), 182-193. U.S.
Department of Agriculture, Economic Research Service (2009, November). Household food security in the United States, 2008 (PDF, 404KB). (Economic Research Report No. 83). U.S. Department of Agriculture, Food and Nutrition Service (2012, February 17). WIC at a glance.
U.S. Department of Agriculture, Food and Nutrition Service (October, 2011). National School Lunch Program (PDF, 54KB). Weinreb, L., Wehler, C., Perloff, J., Scott, R., Hosmer, D., Sagor, L., Gunderson, C. (2002). Hunger: Its impact on childrens health and mental health. Pediatrics, 110 (4).
Doi: 10.1542/peds.110.4.e41. The American Psychological Association 2009 Presidential Task Force on compare lady macbeth, Psychologys Contribution to End Homelessness defined homelessness to exist when people lack safe, stable and appropriate places to live, including sheltered and essays, unsheltered people, and do you a thesis book, those in essays overcrowded and doubled-up situations. Who are homeless children and youth in America? In 2009, an estimated 656,129 people experienced homelessness in the United States on a given night, according to the National Alliance to critical essays dickens End Homelessness. An estimated 2.3 to essays 3.5 million Americans experience homelessness at lady least once a year. Homelessness affects people of all ages, geographic areas, occupations and ethnicities, but occurs disproportionately among people of essays color. Access to permanent and adequate shelter is a basic human need; however, the ongoing economic downturn (composed of the foreclosure crisis, spiking unemployment, worsening poverty rates and inadequate low-cost housing) is wsn thesis 2011, likely to org uk increase rates of homelessness. The National Association for Education of Homeless Children and Youth reports that during the 2009-2010 school year, 939,903 homeless children and youth were enrolled in public schools, a 38% increase from the wsn thesis 2011, 2006-2007 school year. The data is an underestimate since it does not reflect preschool age children, toddlers and org uk, infants. The United States Conference of Mayors (2009) reports that in theoretical 2010 more than 1.6 million children (1 in 45 children) in America were homeless and essays org uk, that approximately 650,000 are below age 6. Families with children are a major segment of the homelessness population.
Families with children comprise a third of the homeless population and are typically comprised of a single mother in her late twenties with two young children. Approximately 47 percent of children in write apa thesis homeless families are Black, although Black children make up just 15 percent of the U.S. child population (Child Trends Databank, 2012). Org Uk! On the other hand, although White children make up 66% of the child population, they account for 38% of homeless children. Hispanic children make up 13%, whereas Native American children make up 2% of the do you for a book report, homeless children population. Homeless single mothers often have histories of violent victimization with over one third having post-traumatic stress disorder (PTSD) and over half experiencing major depression while homeless. An estimated 41 percent develop dependency on alcohol and org uk, drugs and are often in poor physical health. Maternal depression and parental substance abuse has a series of negative outcomes for children.
Unaccompanied youth (sometimes referred to as runaway youth) may number between 575,000 to 1.6 million annually and typically range from ages 16 to 22. Compare Macbeth Macbeth! The major causes of homelessness for unaccompanied youth are mental illness, substance abuse, and lack of affordable housing. Family conflict is the primary cause of their homelessness with 46% having experienced abuse and an estimated 20-40% identifying as lesbian, gay, bisexual, or transgendered (LGBT). Homelessness is org uk, traumatic for children because they often experience frequent moves, family split-ups, and living in crowded places before using homeless shelters (National Center on Family Homelessness, 2011). States in wsn thesis 2011 the south and south west where poverty is more prevalent have more homeless children than states in the north and northeast. Homelessness affects childrens health and well-being, their brain development, causes stress, and hinders readiness for org uk school. What are the risk factors for homelessness in children and youth? Extreme poverty is the college, strongest predictor of homelessness for families. Essays Org Uk! These families are often forced to choose between housing and other necessities for their survival.
At least 11% of American children living in wsn thesis 2011 poverty are homeless. Female-headed households (particularly by women with limited education and job skills) are also particularly vulnerable. The current economic climate has made the essays org uk, labor market even less hospitable as many of them do not have more than a high school diploma or GED. Teen parents are also particularly at essays risk of homelessness as they often lack the education and income of adults who become parents. Lack of affordable housing is also a risk factor for homelessness, particularly for families who devote more than 50% of household income to paying rent or those who experience a foreclosure. Foreclosures affect vulnerable tenants as well as homeowners who are delinquent in their mortgage payments.
Substance abusing or physically violent parents and org uk, stepparents are the major drivers of apa thesis homelessness in runaway youth, particularly for those who identify as GLBT. What are the outcomes of homelessness for children and youth? Homelessness has particularly adverse effects on children and youth including hunger, poor physical and mental health, and missed educational opportunities. Homeless children lack stability in their lives with 97% having moved at least once on an annual basis, which leads to disruptions in schooling and negatively impacts academic achievement. Schooling for homeless children is often interrupted and delayed, with homeless children twice as likely to have a learning disability, repeat a grade or to essays be suspended from school. Homelessness and hunger are closely intertwined. Homeless children are twice as likely to experience hunger as their non-homeless peers. Hunger has negative effects on the physical, social, emotional and cognitive development of children. A quarter of homeless children have witnessed violence and 22% have been separated from their families.
Exposure to violence can cause a number of write psychosocial difficulties for children both emotionally (depression, anxiety, withdrawal) and behaviorally (aggression, acting out). Half of school age homeless children experience problems with depression and anxiety and one in five homeless preschoolers have emotional problems that require professional care. Homelessness is linked to poor physical health for children including low birth weight, malnutrition, ear infections, exposure to environmental toxins and chronic illness (e.g., asthma). Homeless children also are less likely to have adequate access to medical and dental care. Unaccompanied youth are often more likely to grapple with mental health (depression, anxiety and org uk, PTSD) and substance abuse problems. Many runaway youth engage in sexually risky behaviors (sometimes for their own survival), which places them at risk of HIV, other STDs and unintended pregnancies. Also, emerging research has shown that GLBT homeless youth are 7 times more likely to be victims of violent crime.
The Department of Housing and Urban Development has a number of resources: Bassuk, E., Murphy, C., Coupe, N., Kenney, R., Beach, C. Essays! (December 2011). Org Uk! State report card on child homelessness: Americas youngest outcasts 2010 (PDF, 3.4MB). Retrieved from National Center on write, Family homelessness website. Mallett, S., Rosenthal, D. (2009). Essays Org Uk! Physically violent mothers are a reason for young people leaving home. College Template! Journal of Interpersonal Violence, 24 (7), 1165-1174.
National Association for Education of Homeless Children and Youth (2011). Facts about homeless education. What can you do to help children and families struggling with poverty, hunger and essays, homelessness? Volunteer your time with charities and organizations that provide assistance to low-income and homeless children and a thesis, families. Donate money, food, and clothing to homeless shelters and other charities in your community.
Donate school supplies and books to underresourced schools in your area. Make your voice heard! Support public policy initiatives that seek to: Improve access to physical, mental, and behavioral health care for low-income. Americans by org uk, eliminating barriers such as limitations in health care coverage. Create a safety net for children and families that provides real protection against the harmful effects of wsn thesis 2011 economic insecurity. Increase the minimum wage, affordable housing and job skills training for low-income and homeless Americans. Intervene in early childhood to support the health and educational development of low-income children. Provide support for low-income and food insecure children such as Head Start, the National School Lunch Program, and the Temporary Assistance for Needy Families (TANF) authorization. Increase resources for public education and essays org uk, access to critical higher education.
Support research on poverty and org uk, its relationship to health, education, and well-being. 750 First St. NE, Washington, DC 20002-4242 | Contact Support. 750 First St. NE, Washington, DC 20002-4242 | Contact Support.