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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in what makes essay 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. Bibliography Tools! 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 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. Makes A Good Essay! Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in siting most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in what essay a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to write an excellent bring in class notes, textbook, outlines, whatever, which tends to a good english reassure students.
However, open book is science paper outline format, misleading, as there is typically little time to refer to what makes english aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to what a good english essay midyear) midterms generally have no bearing on law school grades. What A Good English! Ask professors themselves, or upperclass students about the grading policies and paper practices of individual professors. There follow three examples of 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 units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. What Makes English Essay! The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC.
I.e., identify the tools Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an makes a good english essay issue is, much less how to what makes a good essay identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the what makes a good english 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 the crucible critical essay, students -- 5-7%, even at Harvard), you are probably correct. Makes A Good English! Which is why so few law students manage even a single A on final exams.
But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for 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 science Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in what makes a good english essay the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. What Makes A Good! He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world.
At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the english tennis racquet. Thereupon followed, inter alia , the following events and article essay 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 his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action.
Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for makes english a protective order forbidding disclosure of paper outline, anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to what a good essay this case.
Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is bibliography, privileged against disclosure by what makes essay either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of paper, parties to makes a good essay an action, and to siting bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is what a good english, present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to siting substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by what makes 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 bibliography, the place of business does not satisfy the makes a good english requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to bibliography dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on makes english essay, appeal. Requests for admission €” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in the crucible critical essay doubt and that should not be necessary to prove at what makes english essay, trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an science paper outline format employee was acting with authority, or that the party was traveling against traffic on essay, a one-way street). However, it is not proper to request an admission to english helper an abstract statement of makes essay, law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited.
Claim preclusion €” Doctrine whereby a final judgment on article essay, the merits of english, a claim or cause of action precludes reassertion of english helper, 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 what makes a good english essay, forcing a defendant to a good english trial where it would be burdensome for him to appear and what makes essay defend (policy!). Science Paper Outline! Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the what makes english essay subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL.
(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and english helper Three (The Blender) on each is my initial perspective on how to what proceed. Write! [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the what makes english six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.
[The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the what makes a good essay objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. What A Good! exists and english helper viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. Makes Essay! As it would interrupt continuity of english helper, train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to makes english essay completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.
See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for the crucible waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override.
Step Three €” [Consider each premise to makes note missing elements or real issues.] [Since there appear to be but one or two premises to the crucible critical essay be considered for makes each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an science paper independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc.
It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by 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 what makes a good english mean that the transaction that is the a good subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in what makes a good english New York County of essay, Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is a good english essay, hardly compelling. Bibliography Tools! [Concludes lawyerlike analysis -- application of essay, 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 siting, personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at what a good, 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 the crucible critical essay, 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 what a good english, personal jurisdiction, the article essay defense of lack of makes a good english, personal jurisdiction will be deemed waived upon the taking of an appeal. Science Format! [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon what makes english, the taking of an what a good 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 what a good wife are privileged from disclosure by either spouse and by write an excellent essay a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at 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 what a good english, remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the how to essay husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to a good essay 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 critical essay, not proper to request an admission to an abstract statement of what a good english, law (e.g., that allowing a minor without a license to drive is negligent, per se). An Excellent! The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. What A Good English Essay! Moreover, in that negligence is siting essay, a legal conclusion, the what makes english essay statement would appear to be an abstract statement of law.
Conclusion : Doris' disregard of the request is a good english essay, of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. A Good English! Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and tools 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 makes english 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in science its bylaws and articles of what essay, incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public.
Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of what, RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to makes english essay forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the article largest voting block. Thus, acquiescence in makes a good english essay their increasingly bold ventures was virtually assured. Matters began to the crucible critical tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the fall of a good english, 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 paper Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to what makes english essay gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by paper outline the RIPCORP board of directors of any expenses incurred in makes a good english connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to bibliography first make a demand on a good english essay, the board of directors, and failure to state a cause of action. 2) RIPCORP moved in english helper the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit.
3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in makes english essay the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and english helper powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the makes english essay attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for paper outline the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in makes a good common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. English Helper! A shareholder may examine the a good english stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in english helper his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.
The latter derivative action may be maintained only if 1) the english plaintiff is what makes a good, a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and makes english essay 3) the plaintiff shows in bibliography his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the makes a good essay defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for makes a good essay 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 a good english, any class of makes a good, outstanding shares; or 2) the a good 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 bibliography corporation, or for what makes english 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 science outline format, good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for what a good even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the english helper question are like three questions, each to what english essay be considered separately. Bibliography Tools! [Note the what enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the what makes english motions in conjunction with the a good english 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 english helper sentence immediately preceding the motions reflects three ultimate objectives of a good english, Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Essay! Note that motion #1 also provides Movant RIPCORP's premises (!!).
Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to makes english essay overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in bibliography tools the preceding sentence . The facts in the first two paragraphs need only what makes english essay, be considered for purposes of analysis.] 1) Lack of standing, failure to bibliography 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 what makes a good be performed in writing the essay actual response. What A Good English! Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.
Generally, a shareholder may sue the write an excellent corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to what english 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 records which are relevant to a proper purpose. What Makes! Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of makes, any class of shares. Makes! However, she has been a stockholder of record since the initial offering, over two years prior.
So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for what a good essay which damages may be sought. Failure to english helper first make a demand on the board. Another requirement for maintaining a derivative action is makes a good, that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the how to board members are the defendants). The Bottomline brothers are named in M's suit and what english essay hold a majority of seats on the board, thereby satisfying the exception.
Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in a good english essay order to makes english essay minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to makes a good essay post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the essay corporation, and, as set forth, supra , a challenge to how to an excellent the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the what english $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in what makes settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances.
The corporation may purchase insurance to a good english 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 siting begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about what makes a good, whether the resolution indemnifies against expenses of defending against the action. Critical! Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of english, their duty to act in good faith. Tools! However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to what a good 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 english helper, indemnification insurance. Conclusion : The motion should be granted as to any portion of the english essay 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 essay 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 essay bequeath the rest, residue, and tools remainder of my estate to a good english my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to 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. A Good! In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers.
One of the papers destroyed was the original copy of the makes english 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the bibliography tools son of Y, was one of several witnesses to T's execution of the a good english 1994 will. Discuss the rights of the article various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for makes a good essay example, it has been sold or given away). How To Write Essay! When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. A Good English! Such surviving issue will take the siting article legacy in equal proportions per stirpes . Disposition of makes english essay, estate €” Shall be in accordance with a decedent's last will and testament.
Execution of a will €” A properly executed will implies at what a good essay, least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the what english will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by write essay implication. What! A will may further be revoked by bibliography tools means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will.
Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the what makes english essay same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to how to essay the contrary, testamentary capacity will be presumed where the testator, in what executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate.
B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon english helper, which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. What! 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 english helper set forth the premises of the various parties in essay Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to the crucible critical essay 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. What English Essay! B v. Z might confuse. But I'm thinking B v. Write An Excellent Essay! Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the what a good essay 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of an excellent, a will that is, in form, properly executed.
This is so despite the fact that the will so republished may have been invalid for a good essay want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of siting article essay, physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.
The circumstance that the makes a good essay original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to 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 the crucible essay 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an what a good english essay ademption occurs, the makes english essay 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 a good essay, 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 an excellent many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. A Good Essay! 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 a will may take under that will, providing said will can be proved in what a good probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to makes a good 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 a good english prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only what, two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the paper conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Essay! Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the bibliography tools will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to what makes a good english essay the son, S, per bibliography 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. What English! Memphis class of 2009E (evening division). The exam was given jointly to english helper two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the what makes verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and write 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 makes a good english essay, a system whereby in structured, step-by-step fashion, the what english essay examinee knows exactly what is a good essay, wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to makes english essay the question/instruction, typically at the end, and 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 a good english essay, the essay exam versus Richard's 39 (!!). How To Write An Excellent Essay! . 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 english essay conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for article essay failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Makes English Essay! Part I consists of english helper, problems calling for written analysis. Part II consists of 35 multiple choice questions.
If your examination is incomplete, you should advise the makes instructor immediately. What English Essay! It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. What! You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. 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 siting article the upper left hand corner. 1. A Good English Essay! Answer only the question asked and english helper do so with organization, precision, legibility, and proper grammar and spelling.
2. If a court rule or a statute is makes a good essay, relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on bibliography, 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 english Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. English Helper! 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 makes a good english essay the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the what makes a good english traditional bases recognized by the Supreme Court up to makes 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 an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in the crucible critical this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of what makes english, 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 paper outline the defendant's home address, or principal place of business, wherever located. The problems in makes a good Part I are worth a total of 45 points.
They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. The Crucible Essay! €śI Quit€ť is what a good english, not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in bibliography tools the State of Swabia where most of what makes essay, their customers are from. Sometimes people from the nearby States of bibliography tools, Prussia and what makes english essay Bavaria bring repair jobs to the shop in Swabia. Science! Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in makes a good Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of english helper, 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 bank would do well to procure their business. What Makes! After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. Essay! By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the english essay loan papers at their shop and bibliography Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia.
First Commercial then gave them a check for makes english essay $150,000 minus closing costs of approximately $5,000. What Makes A Good! The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on a good, the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for science paper outline format $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the makes essay unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at what english, the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for what makes essay $100,000.
On December 1, 2006, First Commercial sought to register the judgment against article essay, Isolde with the United States District Court for the District of Swabia. Makes English Essay! 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 essay Isolde by one of her customers there. [Question/instruction] We represent Isolde. What English Essay! Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and article Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by 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 First Commercial served Isolde in her hospital bed with a another copy of the what makes a good english essay summons and complaint for the same lawsuit. Given that she was served while in how to write an excellent the state, it now seems to me that the makes essay judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Bibliography Tools! Please discuss fully whether you believe that assumption is makes a good english essay, valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of the crucible critical, a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. Makes English Essay! . [LEEWS note: We reprint this commentary in blue.]
LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the 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 what essay, 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 what a good english LEEWS format does this. Our only suggestion is a good english essay, that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only what makes english, hear certain types of claims as outlined in what makes english essay Article III of the US Constitution and as authorized by essay Congressional Statute. English Helper! First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of what english, Prussia.
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 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 makes essay, Prussia, then there is makes, not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is article, found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the makes amount in controversy to exceed $75,000. Bibliography! The $100,000 judgment against what a good english essay, Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of what makes english, contract is a state common-law claim.
Therefore nothing in the plaintiff€™s complaint arises under the makes a good essay 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 siting article Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the a good english essay alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. A Good English! Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to makes english support your analysis. An Excellent Essay! 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 what makes a good essay which they are situated, so the how to essay District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. What A Good English Essay! Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. How To An Excellent Essay! Because it is necessary that she be domiciled in Swabia to what establish diversity of the crucible, citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of what makes a good english, domicile. Even though the contract included a choice-of-law provision applying the siting article 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 what makes essay it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of what makes a good essay, this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the what fact, thus reflecting a failure to study the Burger King opinion and to english helper pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the what a good english long-arm statute conferred specific jurisdiction over Isolde on what makes english, the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of what makes english essay, entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. How To Write An Excellent Essay! American Radiator) it might find that the makes a good essay statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the tools contract. [It is probably not necessary to stretch the construction of the statute as the court did in what essay Gray to hold that it confers jurisdiction, given the makes facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. A Good Essay! The facts specifically state that Isolde, along with Tristan, signed the siting papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the what a good papers or speculate that she may not have read them. Bibliography! There is simply no basis in the facts for what speculating that Isolde didn€™t know what she was signing. Makes A Good Essay! Indulging in speculation that she might not have reveals desperation.]
Constitutional Standard. What English! The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of article, life, liberty or property without due process of makes english essay, law. The U.S. Supreme Court defined the bibliography tools 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 makes a good essay defendant€™s minimum contacts with the critical essay forum, such that the assertion of what makes english essay, jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of tools, 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 what makes 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 secure the loan.
They reached into science paper outline format, the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by what essay many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the essay 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 essay, Isolde compared to the interest of First National in the crucible essay litigating in what makes a good essay Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of english helper, her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in 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 makes essay Prussia as an unfair forum for Isolde. Conclusion. Outline! Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a good english, a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of science format, process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the makes a good english essay Shaffer v. Critical! Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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31 must-read celebrity biographies. Updated May 30, 2013 11:44 AM. It's hard to what english essay resist a juicy celebrity biography. Counting down to No. 1, here are 31 top picks, some informative and inspirational, some trashy and the crucible essay, totally outrageous. In other words, something for everybody. 31. The Soundtrack of My Life. Sony Music Entertainment's chief creative officer and famous hit-maker Clive Davis, who launched the what essay, careers of Whitney Houston, Alicia Keys and more, released his biography on Feb. 19, 2013.
In it, he reveals his homosexual relationships and format, sparked a feud with Kelly Clarkson, who says Davis bullied her in what makes english the book. (Feb. 18, 2013) 30. POKER FACE: The Rise and Rise of Lady Gaga. English Helper? By Maureen Callahan (Hyperion) The meteoric rise of the Ga -- once known as Stefani Germanotta -- is now documented in her first in-depth bio. The book covers her from what a good essay, her beginnings at NYU Tisch School of the Arts (what, a tad more than two years ago?) to her cultivation of the hyper-persona that keeps the clubs pulsating -- with dish on her quirks, control freak-outs, messy (already?) love life and critical essay, what pop music execs originally said (not pretty enough). 29. STORMY WEATHER: The Life of makes, Lena Horne, By James Gavin (Atria)
I've had stormy weather all my life, and siting article essay, if anybody can sing about the what english essay, trouble they've seen, it's this old broad. That's Lena on essay Lena, the extraordinary diva who attained wealth and world renown despite racism on both sides of the color divide (allowed to what a good sing but not drink at segregated clubs, and, with the exceptions of Cabin in write an excellent essay the Sky and Stormy Weather, She actually had sizable roles in both of these films, only given bit parts in what makes Hollywood films in the pre-civil rights era; and criticized by other African-Americans for marrying a white man). She makes it through, beauty intact. Bitterness, too. Article Essay? 28. MARTHA STEWART: Just Desserts, By Jerry Oppenheimer (out of what makes english essay, print) Any analysis of the woman behind the decorating dynasty is going to be a little -- pardon the expression -- dishy. We're talking dirty, dirty dishes, here. Outline? This tabloid biographer, known for salacious tales (see No.
20), offers the obvious (Martha's a control freak) and what a good, the not so (she may have dabbled in wife-swapping). (Credit: Allan Tannenbaum) 26. THE ANDY WARHOL DIARIES. Edited by Pat Hackett (Grand Central) Not a bio, per se, but biographical, for sure. Write Essay? Warhol dictated daily to what makes a good essay Hackett, his secretary, but what started as an expense-account diary became 20,000 pages of catty gossip. When the edited version hit in 1989 (two years after his death), celebs, socialites and the crucible essay, the Studio 54 crowd raced to find their names -- and found they were savagely dissed: Liz Taylor (like a fat little Kewpie doll), Patti Smith (all I could think about a good, was her B.O.), Jerry Hall (underarm B.O.). Got it, Andy -- they're stinkers. So were you.
By Ozzy Osbourne with Chris Ayres (Grand Central) A TELL-ALL (it needs all caps) with something for everyone: sex, cocaine, Black Sabbath, sex, hash, booze, sex, pills, sex, sex, wife beating, MTV, almost killing a vicar (accidentally), nasty moments with chickens and cats and . . . of course . Article? . . the bat -- which, to be fair, he thought was fake when he bit its head off in a 1982 concert. My mouth was instantly full of what essay, this warm, gloopy liquid, with the worst aftertaste you could ever imagine, he writes. 24. STAR: How Warren Beatty Seduced America, By Peter Biskind (Simon Schuster) Beatty spoke to author Peter Biskind for this 2010 bio, though he rejected the finished product as unauthorized. Though his life with wife Annette Bening and their kids was off limits, there's plenty of insight on the hits (Bonnie Clyde, Reds, Heaven Can Wait), flops (Ishtar), politics and all those loves (Natalie Wood, Julie Christie, Diane Keaton -- 12,775 in english helper all, by the author's estimate, including the women in bios No. What Makes A Good English? 16 and 27). The Crucible Critical Essay? Which surely makes him Hollywood's most infamous ladies' man -- though he might be tied for that title (see No.
4). (Credit: Jerry Lewis Films) 23. KING OF COMEDY: The Life and english essay, Art of Jerry Lewis, By Shawn Levy (St. Bibliography Tools? Martin's) It's not all laughs -- not by a long shot. The high school dropout-turned-megastar and telethon promoter was deserted by his parents, dumped by comedy partner Dean Martin, and plagued by chronic pain, a drug addiction and a suicide attempt. 22. What Makes A Good Essay? TAB HUNTER CONFIDENTIAL: The Making of what english, a Movie Star. By Tab Hunter with Eddie Muller (Algonquin) If Tab were coming of age today, he'd be a sensation on Gossip Girl, and maybe -- just maybe -- more open about his sexuality. But back in the '50s, the teen heartthrob had to keep his gay relationships (with Anthony Perkins and what makes a good english essay, others) secret. He finally breaks his silence in this frank (one chapter is titled Happy to Be Forgotten) and touching 2005 book.
21. Article Essay? MY FIRST FIVE HUSBANDS . What Makes A Good Essay? And the Ones Who Got Away. By Rue McClanahan (Broadway) A must-read for siting article essay anyone who's ever loved The Golden Girls -- and surprisingly engaging, too. Consider this a primer on survival, through career droughts (Love Boat Limbo), breast cancer, six marriages and a May-December romance with Brad Davis. 20. FRONT ROW: Anna Wintour -- What Lies Beneath the Chic Exterior of Vogue's Editor-in-Chief.
As we know, there's trash and a good essay, good trash . . . and the crucible, this bio lies somewhere in between. Alas, most of Anna's pals and colleagues refused to what makes essay go on the record, so the 2005 book relies on accounts by random old school chums, ex-beaus, distant relatives and other gripers with mud to bibliography tools sling. Still, you get a truer sense of english essay, what she's like than you do from a certain lame (if bestselling) novel with Prada in the title. 19. UNMASKED: The Final Years of Michael Jackson.
By Ian Halperin (Simon Spotlight) There are plenty of Jacko books out there, mostly cheesy. English Helper? This bio -- notable for its quickie production (the publisher bought the unedited manuscript a day after MJ's death and it hit shelves before the burial) -- at least comes from a veteran celeb biographer, albeit packed with scads of unnamed inside sources. The author contends Jackson was gay, occasionally cross-dressed, and wasn't a pedophile but blackmail victim. Also, he used wife Lisa Marie Presley as a beard. No! Really? 18.
STORI TELLING. By Tori Spelling (Gallery) Stupid title -- but a charming read about what makes essay, a tabloid princess. Everyone's fave virgin from 90210 sets the record straight. No, she wasn't disinherited (not exactly) -- and, yes, Daddy did have fake snow made on the Beverly Hills lawn for Christmas. Twice. By Diana Vreeland (Da Capo) Here's the grande dame of American fashion: poised, meticulous, daring and -- let's get real -- sometimes so over-the-top (pink is the the crucible essay, navy blue of India) it's hilarious. (And true.) The former editor of Harper's Bazaar and Vogue recounts her exotic, hothouse life peppered with boldfaced names (Wallis Simpson, Jackie Kennedy, Balenciaga) and lush locales, from Park Avenue to Long Island's Gold Coast, London, Hungary, Morocco and -- believe it or not -- Albany. 16. JUST JACKIE: Her Private Years.
By Edward Klein (Ballantine) OK ? journalist (and Jackie pal) Klein is clearly k-k-k-krazy for the Kennedys (having written no less than five books on members of the clan). Folks seem to love or hate this book and all its insider dirt: Onassis putting the what makes, moves on Jackie 48 hours after Dallas; her make-out sessions with Brando; and those rumors about her and Sinatra, or Bobby Kennedy? No, she didn?t sleep with them, Klein asserts. One of the images of siting essay, Elizabeth Taylor from Liz: An Intimate Biography of what a good english, Elizabeth Taylor. by C. David Heymann. 14. GRACE: The Secret Lives of bibliography tools, a Princess. English Essay? By James Spada (out of print) This 1987 bio with the sub-subtitle, An Intimate Biography of science paper, Grace Kelly, is just that -- a sympathetic tale of one of the most beautiful and mythic (hey, she actually married a prince) women in America.
The big reveal: that the white-gloved, convent-educated, society starlet had her share of premarital sex -- Ray Milland, David Niven and on and on. 13. What A Good English Essay? HEAVIER THAN HEAVEN: A Biography of Kurt Cobain. By Charles R. What Makes A Good? Cross (Hyperion) The definitive work on the ill-fated grunge rocker, written by a former editor of Seattle music mag The Rocket, authorized by widow Courtney Love and culled from 400+ interviews and Cobain's unpublished journals. What Essay? Disclosed: the Nirvana front man never lived under a bridge (as one song alleges), he'd talked about his suicide genes since his teens, and as for the crucible the Courtney-killed-Kurt rumor -- nahhh. 12. What Makes A Good? OPEN: An Autobiography. This 2009 stunner isn't stocked with the the crucible critical, typical megastar mea culpas (sorry about all the sex and drugs).
But it reveals, in startling clarity, how much a tennis player as gifted and makes a good essay, successful as Agassi can actually hate the bibliography, game. His exes (ex-wife Brooke Shields and ex-rival Pete Sampras) aren't crazy about what a good essay, how they get depicted, and former No. 1 Marat Safin has suggested Agassi turn in his tennis titles after the book revealed Agassi once tested positive for drugs (crystal meth) and lied about it to tennis officials. 11. NO ONE HERE GETS OUT ALIVE: The Biography of Jim Morrison. By Jerry Hopkins and the crucible essay, Danny Sugerman (Grand Central) The first biography of Morrison -- the man, the myth -- written by a journalist (Hopkins) and an office aide to makes a good english The Doors (Sugerman). The book idolizes its subject a tad, fans admit.
Yet it's candid (he wasn't that great a singer) and comprehensive -- discussing Morrison's rise, music, total rejection of authority and the psychological demons that led to his premature death at 27. By Tina Turner with Kurt Loder (It Books) Her volcanic stage presence and legs of death mesmerized audiences for decades. Then came this 1986 bestseller, which blew the lid off the decades spent as a victim of domestic violence. Ike, her ex-husband and rock partner denied the allegations for years, until his own 2001 autobiography. Sure, I've slapped Tina, he admitted. We had fights and there have been times when I punched her without thinking . But I never beat her. Sure, Ike. By Christopher Reeve (Ballantine) This memoir, which Reeve wrote in paper outline 1998, three years after the tragic horseback riding accident that left him paralyzed, recounts his metamorphosis from Hollywood heartthrob to medical research maverick and icon for the disabled. He takes an unflinching look at his WASP-y youth (talk about a dysfunctional family), acting career, political activism and then the what essay, family life and paralysis foundation he built with his wife, Dana.
8. HIGH ON ARRIVAL: A Memoir. By Mackenzie Phillips (Simon Spotlight) The young actress who America watched grow up on the crucible essay the sitcom One Day at a Time was actually exposed at an astoundingly young age to sex, drugs and what a good english, rock and roll, thanks to her dad, John Phillips of The Mamas and the Papas. This 2009 memoir reveals demons she's battled for how to write decades, from addictions to incest at the hands of her father. Her story, tenderly told (and disputed by stepmom Michelle Phillips), rocked Hollywood. By Donald Spoto (Cooper Square) The veteran biographer of Alfred Hitchcock, Laurence Olivier and Ingrid Bergman relied on 150 interviews, plus Monroe's letters and diaries, to craft this detailed account of what a good english, a cultural icon. The 2001 book traces her early life (as Norma Jeane), through her various films, marriages, acting coaches and addictions. Spoto provocatively sheds light on various rumors and siting article essay, innuendo (like her supposed tryst with Robert F. Kennedy -- not!) and makes a good, what really happened the night she died. 6. LAST TRAIN TO MEMPHIS: The Rise of science paper format, Elvis Presley and. Yes, it's two books here, not one -- but it's impossible to decide between the two and, really, they come off as one fascinating read, covering both Elvises -- the cool, up-and-coming hip-swiveler (growing up in Tupelo, recording sessions at Sun Studios, being drafted) and the sequined Vegas chubby.
Released in 1994 and '99, the makes, two volumes are considered the definitive accounts of the siting article essay, life of the King. 5. THE LIVES OF JOHN LENNON. By Albert Goldman (Chicago Review Press) This 1988 unauthorized bio by an academic and music critic is as hefty (720 pages, 1,200 interviews and written over essay, the course of six years) as it is controversial (it's been called a hatchet job by ardent Lennon fans and condemned by Yoko Ono). Critical? The book paints Lennon as a dark, conflicted figure (duh) and sifts through little-known facts about his youth, life with Yoko and post-Beatles years. Startling allegations include how Lennon took LSD daily, had a gay relationship with Brian Epstein and may have killed a man. There isn't a lot of music analysis but, what -- you're looking for a book that's longer than 720 pages?
4. MY WICKED, WICKED WAYS: The Autobiography of Errol Flynn. It's all here -- obsessions, addictions, divorces and what makes english, brawls from the siting article, greatest of what makes a good essay, Hollywood swashbucklers. The big question of this 1959 autobiography: How much is true? Some anecdotes have been disputed, but with plot twists that include his pre-Hollywood life as a mercenary, his 1943 trial for rape (he was cleared of the bibliography, charges) and all that action with the ladies (he spawned the phrase in like Flynn), it's one rollicking ride. 3. What A Good English Essay? HIS WAY: An Unauthorized Biography of Frank Sinatra.
Sinatra sued Kelley to english helper stop publication of this unauthorized 1986 biography, which dug up the dirt on his abusive marriages, womanizing, hair-trigger temper and ties to organized crime. A Good English Essay? He ultimately withdrew the lawsuit, and the book went on write an excellent essay to become a huge bestseller, forever changing our perception of makes a good english, Ol? Blue Eyes. 2. How To An Excellent Essay? DIANA: Her True Story. By Andrew Morton (Pocket Books) Morton's 1992 bio of what english, Princess Diana exposed her scarily unhappy marriage to what makes english essay Prince Charles and the dysfunctions of the royal family, giving Elizabeth her unshakable rep as an Ice Queen. Makes? It was later revealed that Diana was Morton's principal (and anonymous) source.
1. MOMMIE DEAREST. By Christina Crawford (Seven Springs Press) The Mother's Day card to outline format end all Mother's Day cards. What A Good English Essay? This how-to of format, maternal dysfunction set the a good english, benchmark for the crucible essay tell-all tomes written by makes a good the offended offspring of freaky celebrities. Written by Joan Crawford's adopted daughter (who Mommie disinherited before she died), this 1978 bestseller told a Hollywood horror story of a tempestuous megastar and the psychological and physical abuse she heaped on tools her kids. Grab the 20th Anniversary Seven Springs edition, which includes 100 pages of dirt cut from the original.
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essay macbeth quotes Her language to Macbeth is the what a good english essay, most potently eloquent that guilt could use. (56) Clark and Wright in their Introduction to tools, The Complete Works of William Shakespeare interpret the main theme of the play as intertwining with evil and ambition: While in Hamlet and others of Shakespeare's plays we feel that Shakespeare refined upon and brooded over his thoughts, Macbeth seems as if struck out at a good, a heat and imagined from first to last with rapidity and power, and a subtlety of the crucible, workmanship. Then, after murdering the makes english essay, King, Macbeth comes to her with his hands all covered with blood and carrying the grooms' daggers. What A Good English Essay! Not only that, but he's so unnerved that all he can do is look at his hands and talk about voices that he heard. What Makes English! She tries to be reasonable, saying, Why, worthy thane, / You do unbend your noble strength, to think (2.2.41-43), but he's paralyzed with horror. Finally, she has to do what he should have done.
She takes the daggers from him, carries them back to place them with. Essay on The Guilty of the Two in Macbeth. perpetration. Her language to Macbeth is the most potently eloquent that guilt could use. (56) Clark and Wright in their Introduction to The Complete Works of William Shakespeare explain how guilt impacts Lady Macbeth: Having sustained her weaker husband, her own strength gives way; and in an excellent essay, sleep, when her will cannot control her thoughts, she is what makes english piteously afflicted by the memory of one stain of blood upon her little hand. (792) The Tragedy of Macbeth opens in a desert place. Macbeth and makes essay, Lady Macbeths Character Essay. We can immediately see by a good essay, her reaction how ambitious Lady Macbeth herself is what a good because she is not satisfied by Macbeth’s big promotion but wants even more power. She may also appear evil by the speed in which she decides killing is the answer.
After being informed by a messenger that Macbeth is on her way, Lady Macbeth delivers a famous speech asking for help of spirits to rid her of her natural feminine ways so that she can convince Macbeth to carry out the bloody deeds needed to take over the crown. Macbeth- the Evil of Lady Macbeth Essay. themselves, and that their fitness now. (I, vii, 47-53) She says Macbeth is a coward, but then appeals to his pride and manhood saying that when he had the courage to do it he was superhuman, and makes a good essay, ready to create an opportunity. Now when he has it, he shrinks back at the thought and will not do it. Lady Macbeth goes further to threaten him with her love, saying that if he does not do it she will not love him anymore. Moreover, Lady Macbeth is actively part of the crime that she urges her husband to. Essay on Macbeth and Lady Macbeth are Not Evil. his son, Malcolm, as his successor, Macbeth realises that, if he is to be king, then he must kill Duncan: The Prince of Cumberland! That is a step on how to write an excellent essay which I must fall down, or else o'erleap for in my way it lies.
Stars hide your fires, let not light see my black and deep desires. (I.iv.49-52). When Lady Macbeth reads in what english, her husband's letter of the witches' prediction, she, too, realises that Duncan must be killed for it to come true. She thinks that Macbeth deserves to english helper, be great, and should murder. Essay Comparing Macbeth and Lady Macbeth. and his subject, Strong both against the deed; then, as his host, who should against his murderer shut the door, Not bear the knife myself. (1.7.12) Macbeth is conflicted between his morals and his ambition. What English! In stark contrast to her husband Lady Macbeth is not conflicted. In the fifth scene of act one, she is reading a letter from Macbeth that describes his encounter with the witches. After she reads the letter she becomes excited and wants to aid her husband in anyway she can. How To Write An Excellent Essay! She.
Who is the Dominant Partner between Macbeth and Lady Macbeth? As the more dominant and what, ruthless of the two, it is Lady Macbeth that devises the what english essay, plan for killing Duncan, and tells Macbeth to “Leave all the what essay, rest with me.” This suggests that Lady Macbeth cannot rely on Macbeth to plan the killing of Duncan, as it is not in his gentle nature, but she knows that Macbeth will be easily persuaded to carry out her wicked plan. After Macbeth kills Duncan he feels very guilty, and says, “will great Neptunes ocean wash this blood clean from. in a later revision ofMacbeth, inserting passages from his own play, The Witch. Macbeth's curse Macbeth is also known as 'The Scottish Play' due to a long-held superstition that the play has a curse upon science, it and that if anyone utters the word 'Macbeth' in a theatre, outside the context of a rehearsal or performance, tragedy will befall the makes english essay, production. The characters of Macbeth and science format, Lady Macbeth are therefore referred to what makes a good english, by a nickname, such as 'Mackers' and 'Lady Mackers' or similar.
To remedy. evilmac Macbeth and Lady Macbeth Were Not Evil Essay. Macbeth and his mistress housekeeper also have their doubts during the proceedings of the murder. Lady Macbeth paces around the room saying that he won't commit the english helper, murder, instead of plotting their next move like a true evil-incarnate would do. Macbeth also starts to haunt himself; he says that he heard a voice say Sleep no more! Macbeth does murder sleep (II.II.49-50) And is so paralized by what he has done that he makes the huge mistake of bringing the dagger back.
Exploring the Actions of Macbeth that Backfired in Shakespeare#x27;s Macbeth. The irony in the murder of King Duncan is a good that Macbeth planned on becoming king in rightful manner by earning the respect and the title by doing good things such as saving Malcolm but instead of science, getting closer to the throne by saving him, he got even further away from it since he was named prince which forced Macbeth to become king in an unrighteous way. As a result, the only choice that Macbeth had was to kill Duncan. The second murder that Macbeth has committed was also an essential component in. Lady Macbeth as a Wife and as a Woman in makes a good english essay, William Shakespeare#x27;s Macbeth. never shows her true personality. When Macbeth enters the scene, Lady Macbeth showers him with praise and salutations of his successes and his prophesised kingship.
I think that she does this as she is very proud to english helper, have a husband who will make her queen. When Macbeth tells her that King Duncan comes her tonight, Lady Macbeth replies and when goes hence? I think that this is a test for Macbeth, as it will let Lady Macbeth know if she should tell him all about her. Essay on The Effect of Evil in Witches and Lady Macbeth on Macbeth. Macbeth, the thane of Glamis, a noble man of Scotland, a general in what english, the Scotland King's army and a great warrior is self-satisfied with his position, until the three witches tell him in the third scene of the first act, All hail Macbeth, hail to thee, Thane of a good english, Cawdor. Makes A Good English Essay! All hail Macbeth, that shalt be king hereafter.
Just after hearing this, Macbeth and Banquo, his noble friend and a general in the King's army receive a message from Ross that Macbeth has been. However, we also see here that Macbeth can be ruthless as the article, captain goes on to say ‘- disdaining Fortune- with brandished steel, which smoked with bloody execution’ He is describing how Macbeth was not merciful in the battle, how he killed with such a force that smoke was coming off the cold sword as he sliced at his warm victims. What Makes English! When King Duncan hears the english helper, success of the battle was largely due to Macbeths bravery he says in Act 1 scene 2-24 ‘Oh valiant cousin, worthy gentleman’ and Act 1 Scene. Androgyny in the Characters of Macbeth and Lady Macbeth Essay. The nothing of makes essay, this line connotes absence, and in the language of early modern England this meant absence of a male phallus and the presence of bibliography, female genitalia (Bevington 1090). Therefore, this proclamation of what makes essay, Macbeth is outline not merely an a good english essay excuse for his strange behavior at the dinner table, but is also a symbolic representation that the cause of siting article, his downfall can be attributed to the 'woman' in him. Lamentation is an expression of being powerless to makes a good english essay, effect one's own affective environment, and. Lady Macbeth Is Essentially the siting essay, Villain in Macbeth Essay. Lady Macbeth begins her quest to achieve what she wants by using his ambition to be King, but as it goes along and he starts to have second thoughts she begins to play on his insecurities as a man. “Wouldst thou have that which thou esteem’s the ornament of a good english, life, and a good english, live a coward in thine own esteem, letting “I dare not” wait upon “I would, ” like the poor cat i' th' adage? “ Lady Macbeth persuades Macbeth with by basically asking him if he will take the crown he desires badly, or will he live.
contaminated by a good essay, ambition, destiny’s supposed scheme, the temptation of power and the conviction of pleasing his beloved but poisonous wife. As Shanley states, Macbeth would have resisted temptation if had he been left to himself, to tools, the non-corrupted man he was before being exposed to the inducements of society. Opposed to Shakespeare’s usual heroes, Macbeth is makes english essay absolutely aware of the malice present in the act that grants him the reign. He’s also conscious that most likely the succession of english helper, events will lead. murderer kills a person it is an extension of Macbeths inferiority complex. A Good English Essay! Macbeth believes that being able to kill whom ever he wants he is superior above anyone else and that Macbeth is able to be responsible in the death of a child shows that he is not the english essay, same person as the beginning of the play his ego or his illness is now taking him over. The dead child apparition I believe represents the son. What Makes A Good English Essay! The first apparition represents Macduff telling Macbeth to beware of him for killing his son, he. Essay about Relationship Between Macbeth and Lady Macbeth.
King Duncan. Lady Macbeth is the one that is mainly controlling her husband. She judges his manhood when she says that Macbeth’s ambition needs to match the english helper, actions. What English! They would seem like a normal couple but actually they are both greedy. Macbeth is a respected general in english helper, the kingdom and their position must be important if the king is to makes a good english, eat dinner at their home. No matter who was strongest in their marriage, they were certainly in love with each other. However, it was Lady Macbeth who shows strength. Shakespeare#x27;s Macbeth - The Powerful Lady Macbeth Essay. assassination plot. Although it is Macbeth who commits the actual deed of murder, it is Lady Macbeth who returns to Duncan's chamber and write essay, smears the blood upon the grooms.
Her self-control is superhuman; in fact, Macbeth is what makes a good terrified of it and her unfailing resourcefulness. In this example, Shakespeare demonstrates how much self control she has over the evil deed: A little water clears us of this deed: / How easy it is then! (II, ii, 66-67). In fact, Lady Macbeth tried to murder Duncan herself. Macbeth by Shakespeare - Lady Macbeth and Themes Essay. just how she sees them fit and tells it like it is. With out her fortitude and bibliography, ambition, Macbeth would not have started his killing spree which would have kept him from becoming king of Scotland.
Ambition, a strong desire to do or achieve something, is one of the what essay, central theme’s focused on in this work. While the male characters are just as violent and prone to evil as the women, the aggression of Lady Macbeth is more striking because it goes against prevailing expectations of paper format, how women ought to. shalt get kings, though thou be none”(Shakespeare 1:3 69). This means that Banquo will not be king, but his descendents in the future will. A Good! When the write essay, witches proclaim this prediction, Macbeth is also in the scene. Banquo’s prediction is still stuck into Macbeth’s mind even when he becomes the makes english essay, new King of Scotland. Macbeth thinks that Banquo’s prediction is dangerous to him since it means that there is a possibility that he cannot keep his kingship for long and that he cannot pass down his title to his. Similarities Between Macbeth Lady Macbeth – Essay. Even Macbeth does not dare to call upon the devil and makes, evil spirits to kill his emotions to, free him of all capacity to feel, to empty him of all remorse.
However Lady Macbeth did this and hence she proves that she has an ambition infinitely more vaulting than Macbeth. Though Lady Macbeth’s ambition may be more vaulting than Macbeth’s, both share the same purpose to usurp the crown and a good essay, use it for their own evil means: “If it were done when ‘tis done, ‘twere well it were done quickly”. It is here. Macbeth and siting, Lady Macbeth, a Dealike Butcher and a Fiend? Essay. a strong evidence of Macbeth acting out of his fear that the prophecies of the witches were to come true. Though he thinks that murdering the makes essay, king is a seriously bad sin that cannot be forgiven, Macbeth’s wife has very different ideas.
She believes that Macbeth is to kind hearted and loyal to carry out the deed. ‘Yet do I fear thy nature; it is too full o’ the milk of human kindness to catch the nearest way: thou wouldst be great; art not without ambition; but without the illness should attend it.’ She apprehends that it would be better to get the crown through truth and not doing the deed, but that. The Development of Lady Macbeth in William Shakespeare#x27;s Macbeth. Macbeth worries about the the crucible essay, consequences of DuncanA’s death. Religion and what makes a good, the consequences of sin were very important in ShakespeareA’s time, he speaks about the natural order of life on heaven and earth being ruined he uses alliteration in, A‘trumpet- tongued against the deep damnation of his taking off. And pity like a naked newborn babeA’ to emphasise the write, imagery of anarchy in the heavens, he also uses the simile because there is nothing more pure, innocent and a good english essay, helpless. Macbeth: Describe Macbeth as a Tragic Hero Essay. milk of human kindness (Act 1, Sc 5) Lady Macbeth acknowledges that he has ambition but maintains that he lacks the evil that should attend it. Furthermore, Macbeth yearn for the crown but would as though he is riding high on the crest of the wave and english helper, endures the potential to furthur but his flaw of incessant kindness prevents his yearning. It is those strong brave qualities that rise him high in not play foully for it. Makes English! It is english helper society and Lady Macbeth wishes he would apply them appropriatly. Their.
Macbeth And Lady Macbeth, A dealike Butcher And A fiend? Macbeth is portrayed as a brave soldier. Phrases such as Valour's minion, which means servant of courage and makes english, Bellona's bridegroom, which means the husband of war gives out a sense of Macbeth's superheroism. Macbeth and Banquo are also described by the captain as eagles and lions unafraid of the opposing army, who were compared to sparrows and hares. The witches made a prophecy that Macbeth was to become Thane of Cawdor, and eventually king of english helper, Scotland.
It was only after the first prophecy. Macbeth is not a Hero in William Shakespeare#x27;s Macbeth Essay. man to have had so much blood in him? (314). Makes English! When Macbeth becomes conscious of her hopeless condition he shows no pity or love. Bibliography Tools! He becomes angry with the doctor as to what makes a good, why he cannot cure her, however he never shows any further interest of her condition. When made aware of her suicide, he expresses no grief, claiming that it was inevitable.
She should have died hereafter; There would have been a time for such a word (320). How To! Furthermore, Macbeth is what makes essay not a tragic hero because he does not achieve. Essay about Supernatural in Shakespeare#x27;s Macbeth - Witches and Macbeth. in Best). Although he is bibliography tools not made physically impotent, Lady Macbeth challenges her husband's manhood by being more aggressive than he is, taunting him, and suggesting, When you durst do it, then you were a man(1.7.55). Secondly, Lady Macbeth calls upon what a good english, seemingly malevolent . spirits/ That tend on mortal thoughts (1.5.40-41) to aid her in her plot to overcome her husband's reluctance and to force him to kill Duncan. Although devotedly loyal, she rejects her subordinate role as wife. The Change of Macbeth and Lady Macbeth in William Shakespeare#x27;s Play. Macbeth’s unwillingness shortly vanishes as he becomes “settled”, in spite of the crucible, his guilt, and chooses to commit the crime of murdering the king. Immediately prior to the murder, however, Macbeth experiences a “fatal vision” when he sees a dagger before his eyes and asks the a good essay, infamous question “is this a dagger I see before me?” The hallucination is english helper “a dagger of the mind, a false creation” and what essay, the first of what makes a good, many to come in a good english essay, which Macbeth’s subconscious guilt is expressed.
An. Essay about The Images and english helper, Imagery of Shakespeare#x27;s Macbeth. Mr. Kenneth Muir, in his introduction to the play - which does not, by what makes a good essay, the way, interpret it simply from this point of view - aptly describes the cumulative effect of the critical, imagery: The contrast between light and darkness is makes a good english essay part of a general antithesis between good and evil, devils and angels, evil and grace, hell and heaven . Siting Essay! . . and the disease images of IV, iii and in the last act clearly reflect both the evil which is a disease, and Macbeth himself who is the disease from which his country suffers. Both Macbeth and a good essay, Lady Macbeth are striving towards masculinity. The importance of the crucible critical, masculinity to both of them is an what makes a good english issue of power. Lady Macbeth aspires to be a man so that she can show supremacy and article, be more of a ruler. Macbeth has a mental struggle with his masculinity, mostly because Lady Macbeth convinces him of what english essay, killing Duncan to become king. Critical Essay! Because Lady Macbeth cannot really become a man, she has to work vicariously through Macbeth, making him become king. To control Macbeth, she must use his.
the honourable and innocent side of makes a good, Macbeth attempted to alert his mind that the makes a good english essay, actions that he was planning to take are wrong and what makes a good essay, will only result in negative consequences. Bibliography Tools! Lady Macbeth plays an important role in this play because she provided a scheme which caused Macbeth to assassinate King Duncan. After Macbeth had killed King Duncan, he later regrets on his wrong doing, he feels an immense amount of what makes a good english essay, guilt and sorrow for write an excellent, what he has done but Lady Macbeth on the other hand, proceeded to alter. These consequences start to affect Macbeth and Lady Macbeth, Macbeth is forced to cover up his wrongdoings, by first killing King Duncan's chamberlains who are blamed for the murder of King Duncan. I am in blood stepped in so far that … returning were as tedious as go o'er. This quote indicates that Macbeth has gone too far to essay, stop in his bloodthirsty ways. Bibliography Tools! Banquo's murder and the failed murder of his son soon follow once Macbeth fears the truth could be exposed which is makes english essay one of essay, Macbeth's first.
The third witch says that Macbeth will be the makes english essay, king. This is probably the english helper, most important part of the prophecy. The three witches and the three parts of the prophecy show the wickedness and evil that is to come. The three witches are similar to the three Fates from Greek Mythology. Therefore, this prophecy could be false. The witches also seem to always appear in stormy, weather. A Good English! They also appear at times where Macbeth has to make choices. After Macbeth got his prophecy Banquo also got his. terrible thing bound to makes essay, happen to what makes a good, you. And that?s exactly what happens to Macbeth. All of this killing could've been avoided if Lady Macbeth hand't pushed Macbeth into killing Duncan in the first place, I believe it was all her fault, being Thane of Cowdor just wasen't good enough she had to be the most powerful person in siting essay, Scotland under the king, Macbeth.
She was greedy for what makes a good, more. What happens in the end was the death of Macbeth. He was brutally killed by Macduf, the commander in chief of the english. Introduction to Research Methods Essay. Lecture 01: Introduction to essay, Business Research 15 ? EVERYTHING and ANYTHING that have no answers can be researched ! Lecture 01: Introduction to Business Research 16 Why the what a good essay, sun rises from the east? Astronomy ? Why plants need water? – Botany ? Why some people don’t like others? – Social (Discrimination) ? Why some workers are more productive than others? - Production ? What makes a consumer buy product A and not B? - Marketing ? Lecture 01: Introduction to Business. fears are less than horrible imaginings” (1, III, 135-139). When Macbeth says this it shows how the witches predictions had him thinking about killing the king from the very beginning. The witches’ super natural powers are used to tell Macbeth what he wants to see which is himself being king for his whole life. English Helper! The third apparition tells Macbeth “Be lion-mettled, proud, and take no more who chafes, who frets, or where conspirers are.
Macbeth shall never vanquished until great Birnam Wood to high Dunsinane. Now that Macbeth has been utterly corrupted, Lennox is praying that the English rescue Scotland from their tyrant of a leader. Lennox describes Macbeth as having “a hand accursed” showing that any respect that he had for what makes english essay, him has now vanished. Macbeth has shed all of the crucible, his supporters and what makes english, has put the country that he once longed to rule in terrible suffering. Quotes with context only: 1. Act 5 Scene 1 Lines 75-77 Context: The doctor sees firsthand the sleepwalking, and talking, and crying that. Macbeth Text Response-This Deed, the Murder of bibliography, King Duncan, Has Unanticipated Consequences for Both Macbeth and Lady Macbeth. Discussed. scene 7, pg 28 lines 14-16). However, when Lady Macbeth reproves him for his cowardice, he responds, “I dare do all that may become a man/ who dares do more is none’ (Act 1, scene 7, pg 29 lines 50, 51), and he is convinced to go through with the plan. On the makes a good, night of the assassination, Macbeth sees an imaginary dagger, leading him to Duncan’s chamber; the path to his destiny. He commits the murder and return to his chamber where Lady Macbeth is waiting for him.
They both return back to bed. The Role of the Supernatural in Macbeth Essay. arrangement with the witches to meet them at english helper, the 'Pit of what a good english essay, Acheron' (a river in hell) to tell Macbeth his destiny 'And at the Pit of Acheron - Meet me I'th'morning'. She feels Macbeth has become too confident and promises to how to write an excellent essay, use witchcraft to ruin him 'he shall spurn fate, scorn death, and bear his hopes 'bove wisdom, grace, and makes english essay, fear'. The supernatural is also embraced by Lady Macbeth when she calls upon evil spirits to aid her in killing Duncan. The speech includes a. Essay on Established Government in #x27;Macbeth#x27; steady decline of mental health. He says, But whererfore could not I pronounce Amen? (Act2.Sc3.39-39) describing his belief that his tormenting guilt is the result of his exclusion from God's grace. Write Essay! Nature in Macbeth is often related to God, and there are many examples of God's anger. Macbeth describes Duncan's dead body, saying And his gash'd stabs look'd like a breach in nature / For ruin's wasteful entrance (Act2.Sc3.113-114). And in a good english, the description of the night of bibliography tools, Duncan's death: Ah, good father.
Uncontrolled Ambition in Macbeth Essay. Despite this belief, Macbeth ends up agreeing to a good english, kill Duncan. From the following, we learn that Macbeth himself strongly desires power on bibliography the border of the obsessive as it impairs his own judgement and corrupts it. It essentially motivates him to towards something immoral and what makes, treasonous, taking control of his own actions. After the killing of Duncan, he stews in paranoia and lives in how to an excellent essay, constant fear because of makes a good english essay, his defiance, proving that it does not offer anything pleasantry. Next, after the murder. Essay on Importantce Of The Witches In Macbeth.
Thane of Cawdor! / All hail, Macbeth, that shalt be king hereafter!” (I. iii. 50, 51). Science Outline Format! The witches did plant the glory of being king in Macbeth’s head, yet it was his own ambition that led to the murder Duncan. The witches have no control over Macbeth. They can tell the what makes english essay, future, and add temptation, yet in the end, it was Macbeth’s final decision to kill Duncan. Macbeth was not strong enough to resist the enticing glory, and he succumbed to english helper, the temptation. Macbeth was leery of the prophecy, yet. the woman did not share chestnuts with her (Shakespeare 1.3.101-104). Before the witches speak to what makes essay, Macbeth, Shakespeare shows us how easily the science format, witches can decide to make one’s life miserable, and that they are masters at english essay, plotting and scheming.
The witches enjoy meddling with people’s lives. This is english helper shown in Act Three when Hecate is speaking to essay, the witches and speaks of “trade and traffic with Macbeth/In riddles and how to, affairs of death” (Shakespeare 3.5.1453-1455). It is out of Macbeth’s control that. Macbeth enters carrying a bloody dagger. What Essay! Macbeth said he has done the deed and the crucible critical essay, if she had heard a noise. Lady Macbeth then reply that she heard the owl scream and the crickets cry didn’t you say something? Lady Macbeth said that she heard Macbeth speak while he was coming down.
Macbeth then asks who’s sleeping in the second chamber. Lady Macbeth says Donalbain and makes english essay, Macbeth looks at his hand saying this is english helper a sorry sight. Lady Macbeth told him that that’s a stupid thing to makes, say. I’m guessing Macbeth. Essay on William Shakespeare#x27;s Macbeth. The witches recount to Macbeth three prophecies; that Macbeth will be thane of Cawdor, Thane of an excellent, Glamis and King. These prophecies introduce Macbeth to ideas of greatness, but ultimately it is he who has to make his own decisions.
The witches could tell the what a good english, future, they could add temptation and influence Macbeth. They told Macbeth that he could become king so he became impatient and therefore tried to think of ways that he could become king quicker. But the witches cannot control. The Role of Witches in Macbeth Essay. Shakespeare wrote the play Macbeth for King James I. This was to make sure that Shakespeare would have a future of critical, writing plays for the king. He favoured King James belief in the divine right of kings by defeating evil in the play and showing that when the what english, rightful king was killed it was unnatural and made unnatural things happen. The language used in the play is science outline format not as we would speak today.
It is a lot more complex. “if chance will have me king, why chance may. Blood is also used to display the guilt in a good english essay, Lady Macbeth near the end of the play. Throughout the play, Lady Macbeth is the critical essay, one who tries to keep Macbeth sane and to keep from breaking. She tells him that he is a man and things around that nature to try and a good, help him stay in control of makes a good, himself. A Good! Lady Macbeth seems to accept Macbeth's actions, not showing any sign of remorse or guilt until the end when she sleepwalks and tells the story of the murder.
She reveals her guilt by stating, What, will these.