Order Essay from Experienced Writers with Ease -
Copyright and theses – University of Reading
Argumentative Essay on Pros and Cons of page dissertations Abortion. Abortion is a very sensitive issue. Many people are constantly debating whether or not abortion should be allowed or not. Some people think abortion is very bad and that it should not be allowed at all. They think abortion is dr jekyll essay like committing murder as it is killing the copyright dissertations human fetus. Others feel that the parents should have the right to choose and it is not murder until the baby is born. D Arthur. People who think it is bad say that the fetus is something alive, a human being who is partly formed and to do abortion is to kill it and copyright dissertations commit murder. Masculinity Essay. The people who think it is ok say that it is not murder until and unless the child is page dissertations born. I think that abortion has to be seen about which stage the fetus is and mr hyde duality essay in. If it is in the very early stage, then it is not murder.
But if it has already developed into a larger fetus, it can be considered as murder. Dissertations. There are other times when abortion is also fine. For example if there is a complication in international politics, pregnancy and page the mother can suffer because of the child, I think it is ok to do abortion. It is important to understand the various ideas that go behind abortion. The right of an abortion for a mother should be left on her own decision as the mother knows best about her condition. She is going to be the 'host body' for the baby, even though her own, for nine months and according to Thompson, the mother should have the right to decide if she wants to foster and go through with the duality ordeal.
Abortion should not be considered as murder in copyright dissertations, the early stage, which is the first ten to twelve weeks. Scientific research has proven that even though the fetus starts to develop a face, arms, legs, etc by the tenth week, it does not have a consciousness and generator program it does not constitute as a human being. There have been many arguments over what is right about abortion and what is not. The Pro-Life activists claim that it is an absolute crime to have an abortion at any stage of pregnancy while some of the copyright page extreme pro-abortionists believe that the masculinity and femininity in macbeth essay mother should have the right to kill her baby even a week before full birth. These two extremes form the continuum over which all the debate has been made over the past few years over the topic of abortions and dissertations no concrete decision has been derived out of them. It is, however, common sense that prevails and leads a person to politics hold a position that a fetus is not exactly a human being during the first few weeks of conception and page that a mother is morally, ethically, and medically permitted to undergo an abortion if she wishes as such (Niebuhr). People who think like this, such as the National Organization for masculinity essay, Women, want abortion to remain legal and allowed as they think that everyone has a right to choose whether they want to keep the baby or kill it. I think it all comes down to page realizing when exactly the act of abortion can become murder. Essay. For this, many people think of the copyright page dissertations ideas about exactly when the human fetus becomes a human being.
Many people, those who are pro-life and against abortion, consider the fetus as a human being, as a person from the moment that the cell is conceived. Thompson writes there are many people in this world who think that a fetus is a human being as soon as it is conceived, but that is not the generator program case. A fetus is page dissertations not human until very late in the pregnancy and in the first few weeks it is masculinity in macbeth essay only a biological entity that is amidst its developmental stage. It can be very difficult to dissertations exactly state at which point the embryo becomes human being. However, many people agree on the fact that the fetus takes up human form and becomes a human a long time before birth.
If they think of the international essay fetus as a human being right when it is conceived, then abortion at copyright any stage would be considered as murder. But even then, is the masculinity and femininity in macbeth essay baby not part of the mother? And does she not have the right to choose to kill her baby if she wants to? Overall, throughout the many years of American history, a constant debate has been made on finding out whether abortion is good or bad. The people who think that abortion is good are called abortionists and those who think it is bad are called non-abortionist. They have been debating for a very long time and they have protested strongly. In 2003, President Bush signed a law to prevent abortion procedures through out the country. This sparked a lot of controversy and organizations like National Organization for Women opposed this strongly.
They think it is the invasion of the rights of women. This group wants abortion to remain legal and accessible as they think that everyone has a right to copyright page choose whether they want to international politics essay keep the baby or kill it. So, even though many people want abortion, and others do not want it, it is not a clear line and no one has been able to find a decisive definition of when abortion becomes murder and when it should be allowed. All in all, it should be left up to the mother and page dissertations the father to decide if they want to go abortion. But the choice should not be left up to them after the embryo has developed to a stage where it gets the human traits. They should only be allowed to do abortion in the first ten to twelve weeks of pregnancy and doctors should not allow them to do abortion if the fetus is in the later stages of development. This should be the law in all states and it should be put into effect everywhere at once. This would make it equal in all states and no parents could cheat the law by driving to another state and getting abortion done there. Abortion is a serious issue and it should be researched upon more. The problems with the and mr duality essay abortionists and the non-abortionists should be solved with active dialogue.
Niebuhr, Reinhold. Moral Man and copyright Immoral Society: A Study in Ethics and Politics. Charles Scribner's Sons. 1932. Essay Program. Thompson, Judith Jarvis. “A Defense of Abortion.” Philosophy and Public Affairs, 1, (1).
Best Essay Writers Here -
Copyrighting - Thesis and Dissertation Guide - UNC-Chapel Hill
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the dissertations, “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 compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams.
This program was exactly what I needed €” the writing an informative essay, tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an copyright dissertations, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to international politics identify and analyze so-called issues generated in a hypothetical [made up] and copyright page dissertations, usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in dr jekyll hyde duality, length, and either closed or open book. The former means you bring nothing into copyright, the exam with you (save the code in a course based on a code of an informative video, rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. Copyright Dissertations. However, open book is and mr duality, misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head.
Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to copyright page how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and essay generator, graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to copyright page midyear) midterms generally have no bearing on essay law school grades. Page Dissertations. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. There follow three examples of international, essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into copyright dissertations, units corresponding to and femininity relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the copyright, subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models.
Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an program, 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. Copyright Page Dissertations. A typically complex and confusing fact pattern is politics, followed by page dissertations 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 essay generator, model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is copyright, 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 morte essays, what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the page dissertations, most graceful move in morte d arthur, the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Page Dissertations. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and essays, remarked, I saw that spill, Coris. Not the most graceful move in page dissertations, the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in an informative, New York County, seeking damages for Coris' injury and dissertations, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of 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 masculinity in macbeth, 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 page, complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an essay, appeal did he assert lack of page dissertations, personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of essay generator, anything overheard as a privileged conversation.
5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Copyright Page Dissertations. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in masculinity, the above. Dissertations. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in d arthur essays, your head as well as your course outline.
Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the copyright dissertations, material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by program either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the dissertations, rights and duties of parties to essay theory an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over page dissertations, 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. Essay On The Theory Of Numbers. Where personal service on copyright page dissertations a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by and mr duality essay affixing a copy of the summons and complaint to copyright page 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 summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of dr jekyll hyde, €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of copyright page dissertations, 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 masculinity, permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on copyright page dissertations a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is dr jekyll essay, negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of page, inconsistent judicial rulings (policy!), the relitigation of claims and masculinity and femininity, 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 defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the copyright page, action could have happened anywhere) should be tried in the county where the international politics, action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals)
Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on page dissertations 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 Mr Duality Essay. and/or Jett Setter. [The consistent overall objectives are to page obtain damages on in macbeth essay one side and to copyright avoid liability on the other. Dr Jekyll And Mr Duality Essay. However, given that this is a civil procedure exam, the objectives that count for purposes of copyright dissertations, generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. Morte D Arthur Essays. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at copyright, 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 an informative video, time to be allotted each will be roughly the same.
As it would interrupt continuity of copyright page dissertations, train of thought and be time wasting to continue applying the Steps to on the theory all six, from this point on I shall work on each question to page completion before going on to the theory of numbers dedekind, next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and copyright page dissertations, mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of and mr essay, personal jurisdiction and copyright, grounds for waiver thereof overrides. 4 = Rule re discovery of and mr duality, spousal communication overrides.
5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to copyright note missing elements or real issues.] [Since there appear to international essay be but one or two premises to be considered for copyright, each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to essay theory of numbers dedekind determine whether it is necessary to state all of the page, law to begin the first paragraph of analysis, or whether one or more elements can be focused on writing essay video as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. Copyright. 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 politics, probably confusing to dissertations mention conflict pairings here. International Politics. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the page dissertations, action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of essay generator, relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.
It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Dissertations. [Law.] It has been held that three attempts at masculinity, in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of 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 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 copyright page dissertations appeal claimed lack of personal jurisdiction. Arguably, raising the claim on dr jekyll hyde appeal is copyright dissertations, after trial. Politics. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of 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 copyright page dissertations a third party (e.g., an eavesdropper). And Mr Essay. [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and 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 page dissertations, remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail.
The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to theory of numbers request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and copyright page dissertations, that may be necessary to prove at trial. Moreover, in morte d arthur essays, 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 copyright page, a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.
Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and essay of numbers dedekind, articles of page, incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the politics, total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to copyright dissertations 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 an informative essay video, chief executive positions in copyright dissertations, the corporation, as well as a majority of seats on the board of directors. Hyde Essay. They further owned thirty percent of the outstanding shares, by page far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of on the theory, 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 dissertations, brothers issued a directive limiting access to the books and records to politics essay persons cleared by them, and under no circumstances to page dissertations Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to morte essays gain access to the books and records, to page block the ski resort venture as an ultra vires act, and for repayment by writing video the RIPCORP board of directors of any expenses incurred in copyright dissertations, connection with the pursuit of said venture. 1) RIPCORP moved to morte essays dismiss the page dissertations, action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and international, 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. Dissertations. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the essay generator, motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the copyright dissertations, 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 in macbeth essay enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the dissertations, corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s).
Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is essay, proper. A shareholder may examine the stock book and minutes of copyright, stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of generator program, action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the page, corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the video, alleged wrong to the corporation occurred; and copyright, 3) the plaintiff shows in his complaint that he has demanded that the board of dr jekyll essay, directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Page Dissertations. Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of international politics, any class of outstanding shares; or 2) the copyright, 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 on the dedekind, corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to copyright page have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on international politics essay the part of the page, 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. Generator Program. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the copyright dissertations, motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. Writing An Informative Video. However, the objectives relevant to a Step One analysis and page dissertations, the question are implied in the three motions. Theory Dedekind. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the page, 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 writing an informative essay video, purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for dissertations, motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in program, light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only copyright page be considered for purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only.
Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Morte D Arthur Essays. 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 page dissertations, standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.
Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is theory of numbers dedekind, brought and when the page, alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and essay of numbers dedekind, records which are relevant to a proper purpose. Courts will determine whether a purpose is copyright page dissertations, proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of essay generator program, record for at copyright dissertations, least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to morte 400, constitutes much less than five percent of any class of shares.
However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the copyright dissertations, 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 writing an informative video, officers and/or directors (present and copyright page, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on dr jekyll and mr duality essay 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 page, board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of dr jekyll and mr, seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for page dissertations, nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for international essay, costs , unless the copyright page, plaintiff or plaintiffs hold at least five percent of morte, any class of outstanding shares, or the copyright dissertations, value of essay generator program, 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 page dissertations, 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 generator, exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to dissertations impose this financial impediment. Masculinity In Macbeth. [Note the use of the policy underpinning as a basis for copyright, a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in essay, a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and copyright, reasonable care in the circumstances.
The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the essay program, analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against dissertations, expenses of defending against the action. Assuming, arguendo , that it does, the generator, inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in copyright page dissertations, a pattern of divers schemes wholly unrelated to of numbers dedekind its stated purpose, it is page, unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and an informative, 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 dissertations, bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the generator, following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the page, 1994 will.
2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in politics, hand, set fire to dissertations some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in morte essays, 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will.
Discuss the copyright page, rights of the various parties in terms of who takes what from dr jekyll 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 copyright page, testator when he dies (because, for example, it has been sold or given away). When an generator, ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the page, testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the essay generator program, legacy in equal proportions per stirpes . Disposition of estate €” Shall be in dissertations, 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 writing an informative essay, a will that is, in copyright, 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.
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 and femininity in macbeth essay have revoked the prior will by implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for page dissertations, the purpose of revoking the will. Specific legacy €” A bequest of morte d arthur, a particular, individualized chattel, differentiated from page all other articles of the same or similar nature. It must be taken by in macbeth the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in copyright page, executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in dr jekyll hyde, probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to copyright page dissertations parties who stand to dr jekyll and mr duality take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from copyright page T's estate. Step One €” X, Y, Z, B, and morte d arthur, A vs. Copyright Page Dissertations. anyone or thing (including each other, T, the state, or the international politics, estate) that stands between him and taking from T's estate. Copyright. 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 essays, 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 copyright 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 writing, stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse.
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. Page Dissertations. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in on the of numbers, 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 copyright page dissertations the contrary, the and mr duality essay, fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in copyright, making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the politics, intent and for the purpose of copyright page dissertations, revoking the will. Essays. The circumstance that the original copy of the codicil was destroyed inadvertently in page, 2000 is thus of no avail to duality essay B.
Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of page, a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an masculinity in macbeth, ademption occurs, the copyright dissertations, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to and mr duality a will may take under that will, providing said will can be proved in copyright page, probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to and mr hyde essay take under the 1994 will per stirpes, even were he one of only two witnesses to the will.
The rationale for not allowing a witness necessary to page probate to take under the will being probated is presumably the conflict of interest posed. Writing Essay Video. The reliability of copyright dissertations, a witness with a vested interest in having the essay theory of numbers, will probated is compromised. Copyright. Y, however, not S stood to program take under the 1994 will. Had there been any consideration of copyright, Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to international essay 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 model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the copyright, verbatim model response offered to students — with professor comments! — as what was wanted. His response received the essay video, highest grade, one of only dissertations 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. Masculinity And Femininity In Macbeth Essay. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the copyright dissertations, examinee knows exactly what is wanted and essay theory dedekind, 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 copyright, perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual.
Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and 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 essay on the of numbers dedekind, will be assessed a point penalty or given a failing grade for page dissertations, failure to follow instructions. Before you begin work on writing an informative video this examination, be sure that you have an copyright, examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for writing an informative essay video, written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination.
The exam is copyright page dissertations, closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. Essay On The Of Numbers Dedekind. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Copyright. Be sure to identify clearly which subpart you are answering (e.g., I. A.).
When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Essay Program. Write on only one side of a page and leave a left margin. Write your identification number in page dissertations, the space provided on and mr duality essay the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes.
All examination booklets must be turned in. Copyright Page. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the essay dedekind, 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 civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the copyright page, exercise of jurisdiction on on the theory of numbers dedekind each of the copyright page, traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by politics essay an agent, as to copyright dissertations a claim for relief arising from the essay program, person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by dissertations an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of morte d arthur essays, conduct, or derives substantial revenue from goods used or consumed or services rendered in page dissertations, this State; (d) owning, using or possessing any property situated in generator, this State; (e) contracting to insure any person, property, or risk located within this State at the time of copyright dissertations, 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 Part I are worth a total of 45 points.
They are not of equal weight. A. In Macbeth. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
11, 2006. [Fact pattern (hypo)] Tristan and copyright page dissertations, Isolde are partners in a furniture repair business. Their shop is in the State of essay, Swabia where most of their customers are from. Sometimes people from the page, nearby States of masculinity, Prussia and Bavaria bring repair jobs to the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to copyright page dissertations see if she would enjoy living away from morte d arthur essays home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the copyright, bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial.
By telephone, they requested the bank send them the essay, paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of page, Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by generator program the law of Prussia and that it was to be repaid in two years. Due to page financial difficulties, Tristan and Isolde made only two payments on and femininity in macbeth essay the loan. Copyright Page Dissertations. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by dr jekyll and mr hyde duality registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to copyright dissertations respond to the complaint and video, summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for copyright dissertations, the District of Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them.
B. The next day, you receive the following memorandum from the essay on the theory dedekind, same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Copyright Page Dissertations. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days.
An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of international essay, First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in page, the state, it now seems to essay generator me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and page, 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 politics, a verbatim copy of a student€™s essay that received a top grade. Commentary by dissertations Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of essay program, I ssue to precede the page dissertations, statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in LEEWS format does this. On The Of Numbers Dedekind. 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 copyright, the next — to assist the professor in recognizing the morte essays, topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. Copyright. First Commercial is a citizen of Prussia. Morte D Arthur Essays. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the copyright page dissertations, time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own.
If Isolde is 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 the indefinite future, then the duality, 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. Page. N.B. International Politics Essay. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in page dissertations, the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.
Most of international politics, you could have improved your answers by making better use of the facts to copyright support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in morte, which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in copyright dissertations, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile.
Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and international politics, a choice of law provision in another part of the same answer. Page. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of morte, this type may be attributable to page dissertations sloppy reading of the facts but they are also a strong indication of essay, a serious lack of preparation. Copyright Dissertations. Failure to devote sufficient time to and femininity study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to copyright page dissertations important distinctions. Others simply didn€™t know what to essay on the of numbers dedekind do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. Dissertations. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the dr jekyll and mr duality essay, State.€ť The claim for copyright page dissertations, relief, the $100,000 breach of contract, arises from the generator program, defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to copyright dissertations the Bank€™s main office in Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is essay on the theory of numbers dedekind, a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the copyright page, statute broadly (See Gray v. Masculinity Essay. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the copyright page dissertations, execution of the essay on the theory of numbers dedekind, contract. [It is dissertations, probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in an informative video, delivering the copyright page dissertations, papers to the bank. Dr Jekyll Essay. The facts specifically state that Isolde, along with Tristan, signed the papers and page dissertations, that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the international, papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard.
The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of page dissertations, 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 defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Essay On The Dedekind. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the copyright dissertations, constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to of numbers dedekind secure the loan. They reached into the forum when they called First Commercial. Copyright Page. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in morte, Prussia over any disputes to the contract. (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and page dissertations, where she sometimes appears to give lectures. On The Theory. The interest of the forum state in dissertations, adjudicating the dispute would be well served because of the choice of masculinity and femininity in macbeth essay, law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an page, 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 duality, you neglected altogether most of the issues about validity of the Prussia judgment treated in copyright dissertations, the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of dr jekyll and mr hyde essay, process in copyright, the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of in macbeth, our classwork on Assignment 27, a failure to read the Shaffer v. Copyright. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
Pay for Exclusive Essay -
Sample Thesis Pages - Graduate College - University of Illinois at
12 Best Online Resume Builders Reviewed. Have you ever considered using an online resume builder to page create your resume? They can save you the time, blood, sweat, and tears that come with laying out a resume solo. That’s why using a professional resume builder online is an excellent choice for anyone who wants a nice looking resume fast. But which online resume builder should you choose? Well, that’s harder than it sounds. Some have amazing resume templates but cost an arm and writing video a leg. Others take a hand-holding approach and will virtually write your resume for you. This article reviews 14 of the best resume builders online.
You can check out the prices, functionality, and copyright page the number of templates and features. And that way, you can choose the one that best fits your needs. Uptowork is our online resume builder (here) . So, we aren’t going to review ourselves as that would be self-promotional. We won’t tell you that we’re awesome because our quick resume builder is easy to use. We will skip the part where we say we provide you with lots of tips and the best resume templates.
No. Instead, we will just encourage you to see for yourself. Go ahead. Try out our professional resume builder online. Here’s an example of what our easy resume builder is capable of: Starter Version $4.99 for writing an informative essay 30 days non-recurring payment Premium Version $9.99 for 30 days non-recurring payment. Number of Professional Resume Templates. Copyright Page Dissertations? Yes - can match your cover letter to every available resume builder template. You can make your resume on Resumonk’s online resume builder either for on the theory of numbers dedekind free or for a yearly fee of $19. That makes it one of the cheapest CV makers at just over $1.50 a month.
You can move resume format sections around as you see fit and use the copyright page dissertations, writing tips inside the platform. The premium plan comes with resume tracking, unlimited PDF downloads, and in macbeth a cover letter builder. Free Version (4 branded templates) Premium Version $19 per page year full features Lifetime Version $59 one time payment full features for essay on the theory dedekind life. Number of Professional Resume Templates. Page? Pro: The professional CV builder has an international easy-to-use interface.
Resumonk has built tips into the platform so you don’t have to leave the page. Con: Using the resume builder for free means getting branded resume builder templates and the ability to download your resume format as a PDF. SlashCV is a free online resume builder with 28 basic, pre-designed PDF templates. Once you’ve created your resume, you can export it to Dropbox so that it’s easy to copyright save and duality send. The free resume builder is minimalistic with no fuss and no extras - you put in your information and it spits out a resume. Number of Professional Resume Templates.
Pro: If you’re looking for a resume builder free download with no bells and whistles, this is copyright dissertations it. SlashCV is scaled-down and has slashed its online resume builder down to the basics. Con: A lot of features don’t exist here. There is no cover letter builder, no tracking, no tips if you get stuck, and no fancy templates. If you’re not sure how to politics build a resume on your own, this platform might not be for you. Copyright Page Dissertations? To start, you have the option to import your Word or LinkedIn resume. Or you can choose a pre-written resume from international politics essay your field. Or maybe you’re feeling like a boss?
Well, you can also import and page dissertations overwrite Richard Branson or Sheryl Sandberg’s resume. After working on the resume builder template, you can save, share, and track your resume to masculinity and femininity see how many views it gets. Page Dissertations? Number of Professional Resume Templates. An Informative Video? Pro: There is an option to get free feedback on copyright dissertations, your resume before you share it. You can also export your resume as a Google Doc or pay for personal domain name inside the platform. Con: There are no tips inside this online resume maker. You can see full resume samples, but there is masculinity and femininity in macbeth essay no guidance on copyright page dissertations, how to hyde duality create a resume for yourself.
Cvmaker gives you two choices. A basic text editor for free, giving you a printable resume template. Here you have the option to move sections, add sections, and add your information with no fuss. Or a paid version that upgrades you to a more advanced rich text editor with more fonts and colors. Once you’re finished you can download your resume as a PDF, TXT, or HTML document.
So, it’s a choice between color or ‘my resume woke up like this.’ Number of Professional Resume Templates. Pro: Cvmaker is a simple, free tool that saves you from choosing a resume format . Copyright Page? If your sole reason for using an online CV builder is to essay theory of numbers dedekind avoid making margins in Word, Cvmaker has you covered. Con: There are no tips inside this online resume generator so you’re on your own. Cvmaker also adds a pre-packaged reference section that you can’t delete. Copyright? It comes complete with the theory dedekind, phrase “References available upon request.” (You can delete the phrase.) When it comes to what you should put on your resume , lose the reference section and page dissertations this phrase.
You can tell that a lot of design work has gone into Resumup’s templates. Using creative resume builder templates is a way of essay on the theory making your resume unique. Much like putting hobbies and interests on your resume to show that your personality is a good fit for a company. The functionality of the online resume builder changes depending on which template you choose. Some templates allow you to fill in blanks and others don’t. With Resumup, it’s important to get attached to a resume builder template. After all, that’s what you’re buying here. Free Version (2 templates Facebook and Plain Text for Notepad) 1 Template for copyright 1 Month $15 for 1 month access to 1 template 1 Template for 1 Year $6 per month ($72 per year) Any Template for 1 Month $20 for 1 month for access to any template Any Template for a Year $8 per month at ($96 per year) Lifetime Plan $149 for lifetime access to any template. Number of Professional Resume Templates. Two templates are free. They include a Facebook ad and an ATS-friendly plain text version of writing an informative video your resume for Notepad.
There are no free resume builder templates that download as regular documents. Most templates make you upgrade to copyright page add basic sections like skills or achievements. Premium version only. Not for all resume builder templates. Pro: The CV creator has a lot of fancy templates including an infographic template. A lot of them are also mobile friendly.
So, if you want a resume that stands out, you’ve got options. Con: A lot of these resumes have heavy design elements. That means they are not all fill-in-the-blank deals like everything else on the Internet. It’s best if you’re savvy at essay of numbers dedekind, manipulating graphics. Otherwise, you may find the functionality on page, this online CV builder a bit challenging. 7. Resume Genius and Resume Companion. The Resume Genius and Resume Companion online resume builders are the same, with minor branding and template differences. Choose a resume builder template to get started. The easy resume builder will give you instructions on how to fill in writing an informative video each blank space. Page? You pay at the end before downloading your resume.
You’ll want to be careful. Resume Genius and international politics Resume Companion will charge you full price after the 14-day trial run. 14-day Access $1.95 for 14 days which self-renews to $39.95 per month ($479.40 a year) Annual Payment $95.40 a year ($7.95 per month) Number of Professional Resume Templates. Pro: The easy resume builder gives you prompts and tips as you go along so you know what to put in copyright page dissertations each space. It also gives you pre-written responsibilities matched with “job keywords” that you choose. Con: You can’t leave fields blank when you’re working on a section. The resume wizard will prompt you to fill them in before allowing you to move to essays the next section. So, you shall not pass without filling in page dissertations the blanks. Resumebuilder will onboard you by essay generator, asking for your field, title, and page dissertations level of essay generator program expertise.
Much like the Myperfectresume platform. Once you’ve done that, you have to log in using either your email, Facebook, or Google+ details. Yes, they’ve integrated Resumebuilder with Google+. Copyright? This is another online resume builder where you can’t leave fields blank. The resume generator will prompt you to fill them in before allowing you to program move to the next section.
Number of Professional Resume Templates. Copyright Dissertations? Free: None Paid: 28 paid templates in different colors (only 3 with text aligned left) Pro: The online resume maker includes tips. You can also find pre-written responsibilities if you do not want to an informative video write your resume on your own. The resume generator is great for page dissertations Google + enthusiasts, who can log in with their account. Con: The CV builder asks for morte essays a lot of copyright page dissertations information. Essay? It does not let you move forward until you’ve filled in all blanks with information. So, if you get writer’s block, prepare yourself for a locked room experience. Resume Baking - “ a resume builder that’s easy as pie .” This is a free resume builder, and it’s the only free online resume builder accompanied by a free cover letter builder.
You can import information from LinkedIn and Facebook. Page? The sections are easy to move around (drag and masculinity and femininity in macbeth essay drop) and fill in, but there are no tips inside the CV creator. Page? Instead, there are lots of program resume samples, objectives, and copyright dissertations cover letters. You choose your template at program, the end. Page Dissertations? You can share your resume across various social media (Facebook, Twitter, LinkedIn, and generator Google+). The site will tell you how many views your resume has. Number of Professional Resume Templates. Pro: Resume Baking is the only free resume builder online that lets you write cover letters. It also lets you download your resume, track your resume, and conduct a job search. The CV maker has examples for job seekers who struggle with how to write a resume objective or how to make a cover letter . Con: The resume builder templates use colors, fonts, and layouts that may not be appropriate.
Try to match modern resume templates with the type of job. Pair more traditional resume builder templates with traditional jobs and creative resume templates with creative jobs. Page? Starting from the dashboard, you’ve got the option to writing essay create a cover letter or a new resume. The cover letter is already written for copyright dissertations you. All you have to do is fill in the blanks if you don’t want to try writing your own. The easy resume builder is straightforward and an informative essay video provides you with tips. Once you’re ready to publish, you can pay for a proofreading service. You also need to pay to dissertations print, send, or export your resume as a PDF or Word document. Essay On The Of Numbers? Free Version Plain Text only downloaded to Notepad 7-day Access $5.95 for 7 days access self-renews to $29.95 per month. Proofreading Service $38 and includes 7 day access to download your resume.
Number of Professional Resume Templates. Pro: The easy resume builder’s functionality is straightforward. Once you’re done, you can save your resume as a PDF and copyright dissertations as a Word doc. Tou can request proofreading services if you want a real person to check your resume for you. Con: The trial period for access to the premium version is essay generator a week shorter than it is on other online resume builders. That means you have less time to copyright dissertations access your resume or create alternative versions. Enhancv will assign you a resume builder template based on your field and experience. You can’t choose your own adventure here. It is good about showing you what’s locked until you upgrade. So, you can see what’s on offer and not choose it by accident.
The upgrade includes new colors, backgrounds, icons, and fonts. The idea is to let you can enhance your CV as much as you want. Free Version You can test drive unlocked features and download resumes for masculinity and femininity essay one month for free. Page? Premium Version $14.90 per month ($178.80 for hyde a year) Annual Version $11.92 per month for a year ($143.04 for page dissertations a year) Student Rates $2.90 per month annually ($34.80 for morte d arthur a year) Number of dissertations Professional Resume Templates. One template with 2 unlocked layouts and one locked layout. Pro: Enhancv will soon add an option to writing an informative essay customize your resume to copyright individual jobs. Theory Dedekind? That way, you can tailor your resume to specific jobs inside the resume creator.
Another nice touch is a video that you can watch before buying a package that shows you premium perks. Enhancv is a good resume builder for students as it is the only one on this list that offers student rates. Con: You only have one pre-assigned resume builder template. Page? If you don’t upgrade your account, you get a branded version. Kickresume kicks out the masculinity and femininity in macbeth essay, registration information. It spares you by giving you immediate access to the online resume builder. You choose your resume builder template and get started.
You have the ability to chat with assistants in real-time as you go. Also, if you’re into page, details, notice the witty John Snow and Jane Vader template mockups. Number of dr jekyll hyde duality Professional Resume Templates. Pro: One of the only resume creators on the list that has a proofreading service. It will cost you around 20 bucks but it’s always a good idea to have an actual person proofread your resume. Con: There are only copyright page five cover letter templates.
So, choosing a fancier resume builder template means that you might not find a cover letter that matches. Choosing an online resume builder format is essay program all about finding one that feels comfortable. The one thing to page keep in dr jekyll mind is that not all CV templates are good for all jobs. You may find lots of great resume templates, but you will need to decide if they’re going to help or hurt your chances of landing an interview. Copyright? But if you’re interested in dr jekyll and mr duality saving yourself time and frustration an online resume builder is page a handy tool. One that can provide you with a neat and presentable resume in no time flat. Not sure how to match the design of your template to essay dedekind your profession? We can help!
Let us know your most pressing template questions in the comments, and we will help you figure out how to choose the best one. Copyright Page? Natalie is a writer at Uptowork. She loves writing about resumes and eating tacos more than life itself. She spends her free time reading complicated novels and writing an informative essay video binge watching TV series.
Write My Essay Online for Cheap -
Copyright Page for Thesis or Dissertation | Office of Graduate Studies
essays by palto Justice and the Self: A Reading of Plato’s Gorgias. B.A., M.A., PH.D (Commun.-Rhetoric) Assistant Professor, University of North Carolina at Charlotte. The Gorgias is the most ‘modern’ of Plato’s dialogues. The twin problems which it exposes–how to control the power of propaganda in a democracy, how to re-establish moral standards in a world whose traditional standards have disintegrated–these are the central problems of the twentieth century. (1959:386) –E.R. Dodds. Although the Gorgias is still not as often discussed among non-specialists as Republic or Symposium , it is increasing read in courses taught in copyright page dissertations, Communication and English departments throughout the an informative video United States.
Its popularity is increasing because, as is copyright page pointed out by essay, Dodds in the passage quoted above, it deals with the related problems of civic standards and the ethics of mass persuasion that still trouble us today. What the Gorgias has to teach us about copyright these problems has been well explored in any number of commentaries (Dodds 1959; Plochmann and Robinson; Benardete). In this essay, I propose a reading of the Gorgias from essay, a somewhat different, but complementary, angle. I will propose that the Gorgias has an underlying theme that is copyright dissertations also strikingly modern: the nature of the self. A disagreement about the nature of the morte d arthur self, I will argue, is at the root of the dispute between Socrates and Callicles about the nature of justice. The Debate About Justice in the Gorgias.
Plato’s dialogues are generally divided into copyright page dissertations, three chronological groups–early, middle, and late–and the Gorgias is generally acknowledged to have been written towards the end of the first group of dialogues (Brandwood), during which Plato was most defensive of Socrates and most hostile toward the Athenian democratic order that had condemned him to death. The Gorgias contains one of the rawest confrontations with the negative side of morte d arthur, populist democracy, embodied in the person of Callicles, that one finds anywhere in Plato’s dialogues. Gorgias, after whom the page dissertations dialogue was named, was an eminent personage from the city of Leontini on the island of Sicily, a teacher of the art of international, rhetoric or political speech (prominent speakers in assembly were called rhetores ). Copyright Page. Gorgias’ speaking style combined hypnotic rhyme and rhythm with a powerful kind of morte, situational logic and antithesis. It so impressed Periclean Athens and the rest of the copyright page Greek world that he was able to build a solid gold statue of himself at Delphi with the money he earned in essay generator, instruction fees (DK A 7; see Sprague 34), a feat that is well beyond the means of most speech instructors today. Although Gorgias himself has only a relatively minor role in dissertations, the conversation, the dialogue as a whole investigates the relationship between Gorgias’ style of political rhetoric and justice. The dialogue begins with a mild conversation between Socrates and Gorgias about the substance of the art of rhetoric. Gorgias takes the position that persuasive speech is a morally neutral technique which, like any instrument, can be used either for good or ill. Socrates easily gets Gorgias to admit that the good political orator must know the difference between justice and the appearance of justice. If the end of politics is a just society, Socrates argues, and essay, if rhetoric is political speech, how could one excel at rhetoric without knowing what justice is? Gorgias’ young student Polus is incensed by the mild submission of his master and takes up the argument.
Justice be damned, he says, rhetoric is a way to power. But he is page dissertations soon cornered into making an admission that it is even more difficult than Gorgias’: that a rhetoric that makes injustice seem just is bad for both the speaker and the audience because it is better to suffer than to essay theory of numbers dedekind, commit injustice. Now Callicles, a leading citizen of democratic Athens in whose house the copyright page dissertations conversation is taking place, thinks that Socrates’ claim that it is better to essay program, suffer than to commit injustice is utter nonsense, and is angered that Socrates would dare to teach such foolishness. Callicles makes a counter-argument that might strike us as having been uttered by a social Darwinist run amok: In my view nature herself makes it plain that it is right for the better to page, have the advantage over the worse, the more able over the less. For what justification had Xerxes in invading Greece or his father Scythia? And there are countless other similar instances one might mention. But I imagine that these men act in accordance to nature’s own law, though not perhaps by the law we frame. D Arthur. We mold the best and strongest among ourselves, catching them like young lion cubs, and by spells and incantations we make slaves of them, saying that they must be content with equality and that this is right and fair. But if a man arises endowed with a nature sufficiently strong, he will, I believe, shake off all these controls, burst his fetters, and break loose. And trampling on our scraps of paper, our spells and incantations, and our unnatural conventions, he rises up and reveals himself our master who was once our slave, and there shines forth nature’s true justice (483d-484a, W.D.
Woodhead’s translation). Laws are written by page, the weak to protect themselves from the strong, according to Callicles. But these laws are not the justice of nature, and cannot stand forever against it. In Callicles’ view, Socrates’ excessive concern to avoid committing injustice leaves him easy prey for those who would do him injury: For now if anyone should seize you or any others like you and drag you off to prison, claiming you are guilty when you are not, you would realize that you would not know what to do, but would reel to and fro and gape openmouthed, without a word to say. Essay. (486a-b). Prophetic words indeed, as Plato intended, for that are very nearly a description of Socrates’ ultimate fate.
Callicles saw such vulnerability as unmanly and shameful. Socrates’ reply is that in doing injustice one injures one’s own soul. Not primarily in the sense that it might be punished in copyright page dissertations, some afterlife, but in the sense that doing injustice leads to the soul becoming disorderly and chaotic, leads to becoming a slave of essay of numbers dedekind, desires that can never be fulfilled, and thus leads to deep misery in this life. As important as the issue of the nature of justice is, there is an even larger question at stake in the exchange between Callicles and Socrates: the nature of human identity. Socrates agrees with Callicles that one must do whatever is necessary to avoid serious injury to one’s self.
Their basic disagreement is about the dissertations nature of the self, and secondarily about the sort of things that can do it the greatest injury. Neither Socrates nor Callicles is a coward. Dr Jekyll And Mr Hyde Duality. Both would rather die than submit themselves to disfiguring injury of the self. Socrates did die rather than flatter the assembled judges during his trial or flee Athens. Callicles and men like him would rather die than have injury done to their honor. On a deep level, the copyright page conflict between Socrates and Callicles is d arthur essays not between the selfless and the selfish, for both men sought to page, care for morte their selves, as they understood them. Instead, it is a confrontation between someone with a highly introverted sense of self (Socrates) and copyright page dissertations, someone with a highly extroverted sense of self (Callicles). And Mr Duality. Socrates, like the philosophers of the Pythagorean school, saw the self as a soul ( psuche ) that could be injured by becoming attached to the world of matter and illusion through which it was passing. Callicles understood the copyright dissertations self as a public reputation that could be injured by the shameful vulnerability to humiliation.
The Heroic Self and the Cosmopolitan Self. Socrates was in international politics essay, the vanguard of a revolution of the ego (Greek for “I”). Where the traditional heroic values of the Greek aristocracy conceived of the self primarily in page, terms of social reputation, Socrates and essay, Plato grounded the dissertations self not in social status but in cosmic destiny of the soul and argued on this basis that there is more to being a good and morte d arthur essays, just leader than power and popularity. Copyright. Although there were precedents for the Platonic deconstruction of masculinity in macbeth essay, self as reputation, it definitely went against the grain of the Hellenic culture of competitive display, whose roots ran deep into page dissertations, the twilight of program, prehistory. The preservation of the reputation of the copyright page dissertations public self was of utmost importance to early Greeks because the in macbeth essay only meaningful forms of dissertations, immortality were remembrance in essay generator, songs and stories, and remembrance by one’s descendants. Early Greeks could not identify with an inner soul that was fundamentally different from the outer person. The immortal part of the self was the reputation: the socially known self. Homeric Greeks did not believe their souls would be rewarded or punished in the underworld. Souls simply ceased to page, change, retaining the generator identity they had last possessed while alive.
They lacked consciousness and had to be given blood to page dissertations, drink in theory of numbers dedekind, order to recollect who they had been in life and speak ( Od. Copyright Dissertations. 10.495; 11.207; 24.6-9). Like characters in stories told again and again, they repeated endlessly in Hades the words and deeds, triumphs and tragedies, of life. The reputation one died with was one’s destiny for all eternity (Burkert 194-7). When Callicles is defending what he takes to be the dr jekyll duality essay principles of natural justice, he is defending the very ground upon which he believes his immortality rests. Copyright Page. Anything that damages the morte d arthur essays reputation damages the immortal part of the self. In The Human Condition , Hannah Arendt argued that the main function of the polis (city-state) was to provide for the doing and saying of great things and the remembrance of great things done and said (22-78). Dissertations. Callicles certainly saw his political career in this light. The Hellenic polis -culture was built around ancient rituals of public display that were designed to promulgate the reputations of the strong, the well-born, the program wealthy, and the wise–those who possessed the quality of general excellence the copyright Greeks called arete . Athletic, military, and even musical and oratorical excellence were tested in public contests and rewarded with public recognition. Public sacrifices and festivals were sponsored by wealthy nobles.
Like the Potlatch ceremonies of the masculinity in macbeth essay Native Americans of the Pacific Northwest, these festivals were opportunities to earn the gratitude of the population. Copyright Page. Nobles displayed their power not only in athletic and oratorical contests, but also by providing the sacrificial animals. In the writing an informative classical period, it was the copyright page responsibility of wealthy individuals to sponsor liturgies ( leitourgia ), public services such as financing dramas or building boats for the navy. Essay. For these services, they were awarded tripods and allowed to build monuments to publicly display them. It was in this field of competitive generosity and copyright, display that the Greeks constituted their selves. Archaic and even classical Greeks lived in what has been termed a shame-culture where the greatest moral wrong was public disgrace, as opposed to the private knowledge that one had done wrong (Dodds 1951 28-63; Adkins 151-171).
In fact, there were no private wrongs. As Alister MacIntyre explains in masculinity and femininity, After Virtue morality and social structure are in fact one and the same in heroic society (116). This is to say that to possess status and reputation is to be good, and to copyright page dissertations, not have these is to be bad. The word for a noble, the international politics agathos , actually meant good, as the word for copyright page dissertations one of lower class, kakos , meant bad. In a shame-culture the only moral evil is failure to live up to one’s status, and the only politics essay, moral sanction is a reduction in status. Copyright Page Dissertations. In such a world, any failure of others to acknowledge the international politics essay rightful status of an individual is a great slight that demands retribution. The anger of Achilles which is the subject of the Iliad is prompted by the highly public slight of Achilles by Agamemnon, a slight that causes him to withdraw from the battle. Why fight and die if one would not be honored for it? The warrior fights for the sake of page, honor and remembrance, not because his cause is right in any abstract moral sense.
The values of the shame culture are speaking through both Polus and Callicles as they assert that it is better to commit injustice than to suffer it. International Essay. To suffer injustice shows weakness and is a shame; to commit injustice is dissertations less of a shame. Immortal reputation for most, however, was an elusive and tragic dream. Herodotus, the historian of the Persian War, tells a story about a meeting of the sixth century Athenian leader Solon with Croesus, the legendarily wealthy ruler of Sardis. This story dramatizes how heartbreaking an attachment to international politics, the changeable world of public opinion can be. Croesus asked Solon which man he considered the most fortunate in the world, expecting Solon to give that distinction to Croesus himself. Instead, Solon said that it was Tellus of Athens, who was wealthy for an Athenian (surely not nearly as wealthy as Croesus, though), lived in a stable polis , had fine sons, died honorably in copyright page, battle, and was buried at a great polis funeral.
Croesus asked on, thinking that, if he was not first, he must at least rank highly on the list of the blessed. But Solon next gave the names of two dead Athenian brothers. Baited still further by program, Croesus, Solon answered: The whole of life is but chance, Croesus. Dissertations. Now if I am to speak of you, I say that I see you are very rich and morte d arthur, the king of copyright page, many men. But I cannot yet answer your question before I hear that you have ended your life well (Herodotus 1: 30-32). Solon and Croesus agreed on on the, what made a person fortunate: wealth, position, and strong children were signs of honor and portents of a lasting reputation. But where Croesus took only dissertations, present reputation into his accounting, the wise Solon understood that reputation and honor are precarious and can be destroyed by misfortune at essay theory dedekind, any time. The tragic dream of achieving immortal reputation in the world of change eventually proved too heartbreaking for many Greeks to pursue. In the copyright dissertations sixth century, some segments of Greeks society began to reject the culture of competitive display and d arthur, turn to copyright page dissertations, mystery religions that promised a meaningful kind of immortality for the individual psuche . The new religious beliefs of Orphics, Dionysians, and Pythagoreans laid the foundations for the idea of self as soul rather than reputation.
There was, first of writing an informative video, all, the belief that the psuche will be judged and receive reward or punishment in the afterlife. Second, there was a belief in page, the transmigration of souls, in which one’s psyche , after death, would pass to another body. Some sources have it that souls are judged after death and those that are found wanting are sent back to earth (Pindar Olympians 2, 56-77; Plato Gorgias 523-527; Republic 10.614-621). Other sources mention a cycle of reincarnations, of 3,000 years, which all souls must endure, seemingly without being judged (Herodotus 2, 123; Porphyry Life of Pythagoras 19). But the movement towards viewing the self as a soul was philosophical as well as religious. While Orphics, Dionysians, and other mystery cults created new rituals centered around secrecy and initiation, Pythagorean, Eleatic, and Platonic philosophers reversed the very ontology of the culture of display, regarding appearance and reputation as unreal and ephemeral, and what was hidden as immortal and real. In all these new doctrines, a new vision of the self was taking shape.
I was no longer only and mr duality, a social reputation, but more importantly, was the possessor of copyright page, a psuche . The fate of the psyche was not connected to the reputation of the man. Program. The psuche was not essentially tied to page, any family or city, nor was it social or political in nature. Whether it was judged by Rhadamanthys or continued on in a cycle of reincarnations, its fate was intelligible in the order of the cosmos , not in the order of the polis . Those who believed in these doctrines of the psuche would appear to have a new sort of individuality, at least to those who did not share their beliefs. Generator. They might live in page, the polis , but care nothing for what the polis thought of d arthur, them, being citizens of the copyright dissertations cosmos , following what they took to be the universal laws rather than the laws of their state. While Callicles invokes nature ( phusis ) to legitimate his position, it is hyde duality essay Socrates whose argument is most coherently underwritten by Greek cosmology, specifically Pythagorean cosmology: Wise men, Callicles, say that the heavens and the earth, gods and men, are bound together by fellowship and copyright, friendship, and writing an informative essay video, order and temperance and justice, and for this reason they call the sum of copyright page, ordered thing the an informative video ordered universe [ cosmos –which means “order”], my friend, not the world of disorder and riot. It seems to me that you pay no attention to these things in spite of your wisdom.
You are unaware that geometric equality is of great importance among gods and men alike, you think we should practice overreaching others, because you neglect geometry (508a). The geometry that Socrates is talking about here is more than the working out copyright of the hypotenuse of a triangle; it is principle of the Pythagorean cosmos , a principle with spiritual and moral implications. Socrates understands his self to be a soul with a place in the cosmos , not as a reputation to be maintained. Masculinity Essay. In his vision, injustice is harmful to the self because it puts it at odds with the order of the cosmos , a state which is bound to copyright, cause deep unhappiness in essay program, the long run. The Callicles-Socrates Debate as a Product of Differing Vision of the copyright page dissertations Self.
Callicles was admired by Friedrich Nietzsche as someone who did not bow to the “slave-morality” of the masses, and Adkins finds in him a certain expression of traditional Homeric values. These assessments are true enough, but to essay, fully understand Callicles’ position we need to understand the primacy of social status and page dissertations, reputation in the idea of the self that he holds. It is only in light of the extroverted heroic self that some of on the of numbers dedekind, Callicles’ answers to Socrates become intelligible. When Socrates asks: When you say the best should have the advantage over the worst, what do you mean by “best”? Callicles admits he does not mean those strongest physically, for if that were the case the slaves would be the copyright page dissertations rulers. The wisest should have the advantage then, says Socrates, but the international politics essay wisest at what, and what sort of advantage should he be given? Should doctors be given more food and drink?
No, says Callicles. Page Dissertations. Should good farmers be given more land? Certainly not, says Callicles: The best and most courageous rulers should be allowed to rule over generator, their inferiors. But what is a good ruler? Although Callicles cannot answer this directly, he seems to believe that a good ruler is anyone who is able to take power, and the more powerful they are, the better. There is a logical circularity here: rulers should be rulers because they are rulers. This is why Callicles cannot stand against Socrates in debate. But his thinking does make some sense if one considers that for him status is of primary importance: a man is a ruler because he has high social status, but he has status because he is a ruler. The logic of status is circular, but for Callicles status is all-important.
The circularity of the copyright page logic of status seems senseless to Socrates. In his conversation with Callicles, Socrates produced an analogy in which the desiring soul is compared to a leaky jar that can never be filled (493a-d). Status, likewise, is a dream that slips through the hands of desire like water through a sieve. Essay Video. He who would be master becomes a prisoner of his own reputation, always needing make it, to live up to it, or restore it. There seems to be no point to the endless pursuit of status unless one understands status as the ultimate good which is an end in itself, as Callicles apparently does. Only then is it worth the struggle. But if Socrates can not understand status as an end in itself, neither can Callicles understand the Socratic sensibility that discounts reputation entirely in favor of page dissertations, a vision of the self rooted in the cosmic destiny of the masculinity soul. When I see an older man still studying philosophy and not deserting it, he says, That man, Socrates, is asking for a whipping. such a man, even if exceptionally gifted, is doomed to prove less than a man, shunning the city center and market place, in which the poet said that men win distinction, and living the rest of his life sunk in a corner whispering to three or four boys, and copyright page dissertations, incapable of any utterance that is free and lofty and brilliant. (485 d-e) For the life of him, Callicles cannot understand why Socrates has not employed his gifts in dr jekyll, building a proper political reputation.
Display Culture as a Bridge between Classical Athens and the 21st Century. If we are still faced with the problems of page dissertations, propaganda and the constitution of public morality explored in the Gorgias , we are also still faced with the underlying question of whether the self is a more public reputation or a player in a hidden cosmic drama. Twenty-five hundred years after the writing of the Gorgias the on the theory spirits of page, Socrates and Callicles enjoy an uneasy coexistence in Western culture. Although the monotheistic religions have given it deep resources of interiority, the West is, in many ways, a culture of display. The culture of display is perhaps stronger in contemporary America than it has been anywhere in the West since late antiquity.
Americans thrive on the myth that we can be whoever we want, that we can change identity, reinvent ourselves, at will. While we say that it is who one is on the inside that really counts, we spend billions of dollars on cosmetics, plastic surgery, and fashion magazines. Public figures hire image consultants. Corporations employ public relations specialists and invest profits in morte essays, advertisements and to perform charitable “liturgies.” The products of our culture of display can certainly not be universally condemned. Nor can the products of the culture of interiority be universally lauded, as hidden cosmic dramas have proven time and again the perfect motive and justification for the most bloody kinds of actions. The very fact of our cultural conflictedness over the nature of the self is perhaps the best bridge we have to the world in which Plato wrote the page Gorgias .