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Police stress research papers

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anti whaling essay (This is the papers text, slightly revised and no child left, updated, of a brochure that was distributed to the media at police, the 1994 annual meeting of the International Whaling Commission in Puerto Vallarta.) By Klaus Barthelmess. 1. Karr Against Decoration? COMMONPLACE ARGUMENTS AGAINST WHALING. 1.1 Ecological Arguments. The whales are becoming extinct. One cannot talk about the whales.

Rather one must distinguish between more than 75 different species. Not a single whale species has become extinct because of whaling. Furthermore, one must distinguish between different stocks of papers whales. There may be threatened and non-threatened stocks of one and the same species. Commercial whaling will always endanger the essays stocks/species. Plainly wrong! The California gray whale stock, for instance, has been hunted by police research papers the Soviet Union since 1962 with an annual quota of almost 200 animals. In the same period, this stock has almost doubled its numbers to over 20,000 animals, so that at the beginning of addiction essays 1993 the US government removed this stock from the list of endangered species.

Overfishing of police stress research whale stocks has invariably occurred where there was economic competition for them. In today's whaling operations this is no longer the case - almost for the first time in no child left about half a millennium of whaling history. Whaling cannot be controlled. Yes it can! Norway, for instance, has agreed to and implemented an inspection scheme, which has provided for inspectors on stress research papers board every whaling vessel. Since 2005, the inspectors have been replaced by black boxes installed on board, that register GPS position, engine effort, steering commands, harpoon cannon shots, and the weight of each whale hauled on board in a manipulation-proof way. Design Pass? The Blue Box (Control Box) of the Automated Electronic Monitoring System developed for monitoring the research papers minke whale hunting in Norway. (from Electronic Monitoring of Norwegian Minke Whaling by Dr. Egil Ole Øen, on design homework High North Alliance Web site) 1.2 Ethical/Animal Welfare Arguments. Stress Papers? Whales cannot be killed humanely. Karr Against? a) Whales are wild animals and are killed unawares after a life of freedom.

To many ethical philosophers and scientists, this is more acceptable than the breeding, husbandry, transport, corralling and slaughtering of domestic animals. b) The modern penthrite grenade explodes with such a vibration force and research papers, frequency that unconsciousness - and usually death - result instantaneously. Unacceptably long killing times only occur as an accident, which can also happen in a state-of-the-art abattoir, where an animal may occasionally bleed to death or be scalded without having been stunned first. c) To make instantaneous death the criterion for the moral right to hunt and catch animals would render all kinds of fishing and most types of hunting impossible. In such an argument the cart is put before the horse. Whaling destroys social and family bonds within a whale pod. That's correct.

But this also applies to mort kinds of animals that are hunted or butchered, as well as to those whale pods whose members fall victim to natural predators. Essay Decoration? The fastest-killing hunting device ever invented: The Norwegian penthrite harpoon grenade, continuously improved since 1983. Prototype parts and police research papers, models. Photo: Barthelmess, 2005. Essay First Prize? 1.3 Economic Arguments. Stress Research? Whale products are superfluous or can be replaced by substitutes. That is karr against decoration, correct, but again, this applies to products of , say, pigs or cattle as well. To discontinue the use of their products, however, has to be the consumer's own decision, not that of others.

Apart from this, it must be noted that the most important whale product today the meat for human consumption , not pet food or frivolous things, as is often alleged. Police Stress? Commercial whaling is a negligible factor in the economies of whaling nations. This is true for the national economy as a whole. No Child Left Behind Argumentative Essay? But for the regional economy and communal structure, whaling has very great significance. (This explains the police stress papers stubbornness of the whaling nations in essay the face of the political pressure exerted by the Western industrialized nations). Whale watching is more profitable than whale catching. Whale watching is relatively big business only in coastal areas with an research papers excellent infrastructure in the hinterland, e.g. the US East and West coasts, certain South African seaports, and on celebrity, limited areas in Australia and New Zealand. Research Papers? Everywhere else, whale watching remains a risky small-scale business. Present-day whaling, however, is universally conducted from relatively isolated communities with an underdeveloped infrastructure in their hinterlands. Therefore, whale watching may be a modest additional or alternative option for one or two boat-owners within a remote whaling community, but not for all the whale boat operators in the entire community. Furthermore, as the Norwegian example of the one small whale catcher converted to whale watching has shown, only about one third of the catcher's crew could retain their jobs with the new tourist enterprise, the others had to be fired. Finally, not every taciturn fisherman will rejoice at the prospect of taxiing ecstatically yahooing whale tourists from the very metropolises, which are responsible for polluting the how to write a conflict paper seas that were his hunting ground.

Whale meat is heavily contaminated. Police Papers? This must not be generalized. All animal tissue from polluted environments is contaminated to some degree. That applies to seafood as well. Some ocean areas are more polluted than others, and all organisms living in them reflect this. Furthermore, research has shown, that individuals even from one and the same pod of cetaceans show enormous differences in prize contamination. It is true that due to research papers their feeding behavior, the blubber, organs and meat of hunting toothed whales ( Odontotcetes ) are much more likely to be contaminated than in the case of the grazing baleen whales ( Mysticetes ), which skip over a few links in the food chain.

From the nutritional point of view, baleen whale meat, especially from how to a conflict resolution, little polluted seas, may in stress research fact be one of the healthiest foods one can eat today. Scientific whaling is design, commercial whaling in disguise. Completely wrong! Research whaling programs entail immense costs, only police research papers, a fraction of a conflict paper which can be recovered by the sale of whale meat. 1.4 Legal Arguments. Whaling is police research papers, illegal. Whoever makes such a claim proves nothing but ignorance of the drug legal regimes that apply to whales.

Whaling is managed and police stress papers, regulated on a number of levels, both in the form of design homework international conventions or agreements, such as the International Convention for the Regulation of stress research papers Whaling on which the International Whaling Commission (IWC) is based, the Agreement which established the no child left behind argumentative essay North Atlantic Marine Mammal Commission (NAMMCO), or the Agreement on the Conservation of police research papers Small Cetaceans in the Baltic and North Seas (ASCOBANS), as well as legislation formulated on the national level, such as the how to write Marine Mammal Protection Act of the USA. Police Stress? Only a sovereign state can rule what happens to the whales within its jurisdiction, i.e. if they are either found in the territorial waters of left argumentative essay that state, or if a vessel registered in that state encounters them on papers the high seas. Drug Addiction Essays? In an international treaty, convention or agreement, however, the stress research papers contracting parties are not subjects to be ruled, but equal partners who convene to cooperate for their mutual benefit, while at the same time agreeing to forfeit certain sovereign rights of their own. To ensure in the best democratic spirit their equal rights, an essay international contract must contain a strong provision to protect dissident minority positions among its contracting parties. The United Nations Convention on research papers the Law of the Sea (UNCLOS) requires states to cooperate on the management of whales through the appropriate international organizations. This was also reaffirmed by no child left Agenda 21, which resulted from the Rio Conference on Environment and Development (UNCED) in 1992. No aspect of Japanese (research) whaling or Norwegian (commercial) whaling today is illegal, either on a national or international level. 1.5 Whale-Related Arguments. Whales are uniquely special (humans of the sea) Pseudo-scientific platitude! Whales are over-stylized by the media (totemic animals of the New Age). Actually, all animals, even those generally deemed repugnant, have a uniqueness which they share with no other species.

This is police stress papers, what makes zoological species specific. Whales are intelligent. Extremely debatable! Especially as there are no agreed definitions of intelligence. And even if there were, this would not suffice to obsession morally proscribe whaling. Pigs are no doubt more intelligent than cattle, but this does not lead people to make a distinction when it comes to killing them. (For comparison, using the research same criterion of intelligence as a moral qualifier upon human society could mean, e.g., that the higher IQ of behind one accident victim might result in a higher insurance payment than in the case of stress a dumber victim). Whales are gentle giants.

Wrong! They are entirely normal giants, and, as with any other animal, there are some rather disgustingly violent aspects about them as well, such as: intraspecific fighting, esp. mating fights, which sometimes end fatally; interspecific fighting, with several deaths recorded, between species competing for the same food resource; rape of females and subordinate males; violent attempts by males to copulate with females that have just given birth, in the course of drug essays which some newborn calves are drowned or fatally bruised; rough methods of socializing the young, e.g., by barring them from breathing at the surface. In maritime cultures, whales have always represented the psychological archtype of the Great Fish. They inspire awe, leading to spiritual veneration, but also have always been treated as a useful commodity. The biblical story of research papers Jonah is a symbol of conclusion essays death and rebirth. Book initial V, South German, ca. 1530. Barthelmess Whaling Collection. Whales have fascinating (a) communication (b) language. a) Absolutely!

But squid, for example, communicate through stimulation of skin pigments, only this exciting kind of communication is not as widely studied as communication in whales. b) The language of whales can at best be defined in the sense of an artificial computer language, but in no way in the sense of an intelligent natural language with its ability to express abstract notions. To put it simply, whales can transmit to each other concise ideas such as who , where , and what , but not abstract ones such as how , when and why . Whales can sing or even compose. The well-known and popular songs come almost exclusively from male humpback whales on their mating grounds. Thus, they may not be an expression of fun, but of a stressful mating ritual. Mating calls in the world of birds and the bell of stags perform this same function, and likewise contain an immense number of bytes (information units).

But to human ears they don't sound so appealing. The fact that annual variations have been noted in whale songs is nothing extraordinary in the animal kingdom, either. Whales and dolphins are friends of man. Wishful thinking! They are also friends of driftwood, if you like. With some species - notably toothed whales and gray whales - there is a more or less pronounced instinct to play: they may toss marine turtles, flotsam, bunches of police stress research seaweed around. A few individual gray whales - not at all! - seek sagging rubber rafts laden with tourists and allow them a few pats or strokes. A few species of dolphin and porpoise are also known to - sometimes and after a certain time of habituation - permit swimmers and divers into their company. Karr Essay Decoration? Other animals, even carnivorous predators, sometimes do the same.

Zoologists agree, however, that individual dolphins, which actively seek contact with humans, display abnormal behavior, just as tame deer do. We still know so little about whales. Today whales are among the best studied wild animals. Scientific literature about them is police research, substantially more extensive than, for instance, about sparrows. The fact that new questions arise with the emergence of new knowledge lies in the very nature of science. 1.6 Cultural Arguments. Modern harpoon-gun whaling is unfair, since the whale has no chance. The more unfair a hunt is, the more efficient it is. From an ecological point of view, an karr against efficient hunting method is desirable, because fewer whales escape wounded. Police Papers? In consequence, Alaska Inuit have begun using a small version of the Norwegian-made penthrite grenade in addition to their traditional whaling tools in order to reduce the struck-and-lost rate in their open-boat whaling operations.

Apart from this, the use of old-fashioned fair hunting methods would mean a return to more laborious and more risky procedures. No working person would tolerate such restrictions being imposed by first outsiders. Whaling is barbarous, uncivilized. Arrogant culturo-centrism! And a fairly modern point of view at that. In the police stress research sixties, in some cases in the seventies, when modern commercial whaling was still being conducted by today's foremost anti-whaling nations - USA, New Zealand, United Kingdom, Germany (under foreign flag), the Netherlands and others - the whaling men (and women) and their families enjoyed high social prestige in their societies. Terrorist action against whalers - factually committed or only homework pass, propagated - generated income for police stress, fundamentalist animal rights organisations in the West. World opinion has proscribed whaling.

Pure presumptuousness! This opinion is almost exclusively found in densely populated urban Western societies, where people have become alienated from nature and where care for pet animals compensates for weakened family ties and social bonds. These societies - perhaps 20% of the world population - may be the most outspoken and influential, but by design homework pass no means do they represent World Opinion. Incidentally, these very societies have emerged from the Eurocentric culture, which has a woeful history of colonialism and a lamentable habit of deliberately ignoring the values found in police stress foreign cultures. Obsession? When it comes to whaling, these societies still fail to acknowledge the democratic right of dissident minorities. Whales are killed for sport, in a blood frenzy or out of murderous lust. Atrocious propaganda resulting from sheer ignorance of the living conditions in remote fishing communities. Other occupations and customs are history, too. Police Stress Papers? True, but whaling can be continued at an ecologically responsible level. Unlike the Chicago stockyards or many regional coal mining industries, small-scale community-based whaling has remained economically viable. And it is not for outsiders to forcibly change this.

Out of historic guilt, people must make amends with whales. Subjective feeling of karr essay decoration conscience; it cannot be imposed upon others. Ethics evolve: humans have first overcome the research scourge of racism, then of sexism, and in the future will overcome that of mary essay decoration speciesism. This is a hypothesis, not an papers established fact, and even as such it is extremely disputable. Racism and sexism discriminate against fellow humans, speciesism discriminates against non-humans. It is true that the introduction of essays human rights was long opposed on the grounds of tradition, but they finally succeeded as established values, because they are int ra specific rights, i.e. rights universally valid within the system defined as the zoological species Homo sapiens . In contrast, animal rights would be in ter specific rights, i.e. rights valid across the stress research papers boundaries of behind argumentative species diversity. Since every carnivore or predator by nature infringes upon the right of its prey to stress live, animal rights are not universally valid within the system defined as the animal kingdom. Animal rights thus appear to be a philosophical construction by humans for the explicit purpose of regulating human-animal and not animal-human or animal-animal interactions. Furthermore, the demand for animal rights itself discriminates against other human beings on what can be called topographical grounds.

The reason is that humans who live in drug addiction either high latitudes or high altitudes nutritionally depend on police stress papers a substantial share of animal protein in their diet. On the decoration basis of their habitat alone, these people are denied access to the ethical standards propagated by the animal rights protagonists. Over 120 maritime cultures utilized whales at some point of their history, when certain factors were met. Most of stress research them discontinued whaling when other factors became effective. In the few whaling cultures still active today, this is not the case. French whaling for sperm whales, oil painting by Louis Gamain, 1832. First Prize? Photo: international art trade. 2. ARGUMENTS IN TOLERANCE OF WHALING.

2.1 Economic Arguments. Today's whaling is ecologically responsible. No whale stock is any longer under hunting pressure from police stress research, competing whaling efforts. Therefore whalers now have a vested interest in keeping stocks at a sustainable level. In the years of competitive whaling - which lasted for almost five centuries - this was different, because a whaler who spared a whale for against decoration, tomorrow only worked into police stress papers the pockets of rival whalers. Essays Obsession? Whaling is no longer an over-capitalized business. Today's whaling is papers, community-based. In Japan there are four, in Norway about 30 shrimp boat-sized vessels (average 20m or 60 ft.), which are usually owned by families and mary karr essay, crewed by four to nine people.

This happens to stress be a small-capital form of enterprise which many green economists recommend as a safe-guard against the destructive over-exploitation of our planet's natural resources. In addition, together about half a dozen large-scale whale catchers can be operated by write paper Japan and Iceland. Since there is police stress research, no more competitive whaling for a world market, these vessels will never participate in essays obsession any whaling olympics. Whaling is a livelihood in police stress research economically vulnerable regions. Perfectly right!

In up to four communities in Japan and about six in Northern Norway whaling is the economic mainstay. It is a decisive factor in keeping people from essay prize, migrating to the big cities as well as a safeguard against the build-up of ecologically harmful industries in remote settlements. 2.2 Legal Arguments. Whales must not be taboo. Police? If the zoological order of cetaceans (whales, dolphins and porpoises) is by consensus declared exempt from resolution, man's moral right to police research harvest from a conflict resolution paper, natures resources, this will constitute a legal precedent so that in the future it could be argued likewise for other species of animals. Drawing a legitimate line between animals that may and others that may not be hunted would then be unfeasible. Police Research Papers? 2.3 Cultural Arguments. Whalers enjoy high social prestige. Whales represent the psychological archetype of the Great Fish. That's why their hunters and their families enjoy the highest prestige in their communities, even if work in essay prize other branches of fisheries may be harder or more dangerous, or other marine jobs may be better paid. Since whalers live OFF nature they also live WITHIN nature.

Small whaling communities are a good setting for police stress papers, acquiring and transmitting knowledge about nature from generation to generation. This intimate knowledge is derived not only from contact with the prey, but also with non-exploited species, and it covers oceanographic and meteorological phenomena as well. There is a whaling culture. Karr Essay Against? This is police research papers, confirmed by everyone who has ever lived with whalers. They are not just a group of people with their own professional skills, but they also have their own social organizations, their own jargon, their own folklore, their own arts and crafts, in short, they have a distinctive cultural identity. How To? If you prick us, do we not bleed? if you tickle us, do we not laugh? (Shylock, in Shakespeare's Merchant of police papers Venice, Act 3, Scene 1). Photo: Nigel Bonner, Barthelmess Whaling Collection. 2.4 Questionability of the Counter Arguments. It is noteworthy that the anti-whaling movement has its origin and mainstay with just that part of this planet's population - viz. the people in design pass the urban centers of stress Western industrialized nations - whose lifestyle bears the largest share of pass responsibility for destroying the natural environment worldwide.

They are just about 20% of the world population but consume approximately 80% of the world's natural resources. It seems to be obvious that with the whaling issue they have set some psychological compensation process into operation. Ethical standards are culturally defined. They must not be imposed upon other cultures. If any such attempts are made through political or economic pressure, this fulfils all the criteria for the concepts of cultural chauvinism or cultural imperialism. Enormous sums are earned with the organized whaling counter-protest. Police Stress Research? The anti- whaling organizations offer a kind of conscience service to city-dwellers who have become alienated from nature: they sell them the illusion of being mature and competent savers of nature. Annual income rates of hundreds of millions of US dollars have led some critics to speak of first a protest industry.

It seems clear that, where such enormous sums are at stake, the research scientific and moral integrity of some anti-whaling information campaigns should not always be taken at face value. On Celebrity? Klaus Barthelmess is a collector of papers whaling-related art, a professional whaling and sealing historian, museum, media and on celebrity, PR consultant. He earned his degrees from the University of his native Cologne, Germany. In the late 1970s and early 1980s he cooperated with several international and German anti-whaling organisations against the over-exploitation of research papers some whale stocks evident at that time. In the course of how to write a conflict resolution field studies of Atlantic and Pacific whaling cultures, he has participated in whaling and police stress research papers, whale-processing operations, and has conducted experiments in karr against experimental whaling archaeology.

He has authored and co-authored several books and numerous articles on papers whaling history, the history of cetology, whale-related fine arts, historical whale stranding records, sealing history and the whaling debate, and serves on the editorial boards of several specialized periodicals.

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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 police research, 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed Ђ” the tools to design homework pass, confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan Ђ” i.e., the steps Ђ” keeps you from stress, worrying about panic. Ђ” Rob Goldbaum, U. Pass. Chicago '92.

3 Sample Law Essay Exams From the research 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 essay prize, most law school courses will depend upon police papers, 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 essay first, a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids.

Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to police, protect professors and essay first prize students alike. Unlike college and graduate school, class participation, acquaintance with the police papers professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of conclusion 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]. 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 police stress research papers Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and 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 conclusion the analytic dialectic between law and stress research facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams.

But rest assured that anyone with reasonable intelligence and essay prize diligence can produce such responses consistently. Showing you how is what LEEWS is all about police papers -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker.

Be a dear and bring home din-din. I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. Homework Pass. He grinned and police stress papers remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to essay first prize, 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 stress research, New York County, seeking damages for Coris' injury and the destruction of the addiction essays tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 Ђ” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 Ђ” Attempts to serve Setter personally at research, his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Drug Essays. Another was mailed to police stress research papers, him. [So-called nail and mail service.]

3 Ђ” Although the complaint affixed to his door separated from the essay prize 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 papers, the action. Only later during an essay prize, appeal did he assert lack of personal jurisdiction as a defense. 4 Ђ” 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 police papers, a protective order forbidding disclosure of conclusion essays anything overheard as a privileged conversation. 5 Ђ” OFU, Inc. requested an admission from police research, Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 Ђ” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for addiction conclusion, damages on the same ground in small claims court, Manhattan.

You are a law clerk to, where appropriate, both trial and police research appellate judges assigned to drug addiction, 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 stress research, your head as well as your course outline.

Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) Ђ” Generally, all information not otherwise privileged that is relevant to the subject matter of the essay first prize action is discoverable, whether or not the material would be admissible as proof. Communications between spouses Ђ” A confidential communication between husband and wife is privileged against disclosure by either spouse or by police stress, a third person (e.g., an eavesdropper). Personal Jurisdiction Ђ” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to essays on celebrity, its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by stress research papers, 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 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 conclusion essays, serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.

Waiver of Ђ” Where a defendant appears, answers the complaint, interposes defenses, and at police, no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the drug addiction conclusion defense will be deemed waived on appeal. Requests for admission Ђ” A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is research, permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on how to write a conflict paper a one-way street). Research. However, it is not proper to request an karr against decoration, admission to an abstract statement of law (e.g., that allowing a minor without a license to police stress research, drive is negligent, per se). Res Judicata Ђ” Doctrine that for reasons of obsession economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion Ђ” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in papers, a subsequent suit. Venue Ђ” Refers to the proper place for trial of a lawsuit.

The purpose of design venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the 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 Ђ” Six distinct events/motions. Stress Research. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the Steps Ђ” a constant way of thinking.] Step One Ђ” [Conflict pairings and party objective(s) for each of the six events/motions.]

The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to no child behind essay, obtain damages on one side and to avoid liability on the other. Police. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in design homework pass, 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. Stress Research Papers. keep it in Manhattan County.

2 = Establish personal jurisdiction vs. not. 3 = Have lack of first personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. Stress Research Papers. 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 conclusion essays, that each event/motion will generate no more than one or two premises, and police will be relatively straightforward of write paper analysis. Therefore, the time to be allotted each will be roughly the papers same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the argumentative next .] Step Two Ђ” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.]

1 = Venue of transitory action is stress research papers, overriding , (i.e., governs the determination, no matter which party's perspective/objective is no child behind argumentative essay, 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; . . Stress Research Papers. . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and essay first prize failure to respond thereto overrides. 6 = Res judicata rules override. Step Three Ђ” [Consider each premise to research, note missing elements or real issues.] [Since there appear to be but one or two premises to prize, be considered for police stress research papers, each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise.

It is part and parcel of drug addiction conclusion inspecting the law giving rise to the premise under consideration to determine whether it is necessary to research papers, 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 Ђ” 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 no child left argumentative, it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and police stress probably confusing to write a conflict resolution paper, mention conflict pairings here. However, I am thinking of and police research papers guided by them.]

Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the conclusion subject of the action could have occurred anywhere. Coris' fall and the destruction of the police 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. A Conflict Resolution Paper. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. Papers. It is hardly compelling. [Concludes lawyerlike analysis -- application of essays on celebrity law to relevant facts.] Conclusion : The motion should be granted. Papers. [No hedging, as this seems open and shut.] So-called nail and conclusion mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Stress Papers. [Law.] It has been held that three attempts at write resolution paper, in hand service at police research papers, a defendant's place of addiction conclusion business, without attempting to serve the defendant at home or leave the police stress summons and complaint with a person of suitable age and discretion at drug essays, the place of business does not satisfy the requirements of due diligence. Police Stress Research. 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 no child argumentative essay complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. Police Stress Papers. [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 mary against, appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for research, raising the drug essays claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of police 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 on celebrity action is discoverable, even if not admissible as proof. Police. Confidential communications between husband and wife are privileged from disclosure by first, either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about police stress papers dinner and a hot tub seems merely casual. Behind Essay. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the police existence of obsession facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Police Stress Papers. The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in addiction conclusion essays, that negligence is a legal conclusion, the statement would appear to be an police, abstract statement of mary karr essay against decoration law.

Conclusion : Doris' disregard of the papers request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on essay the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in research papers, a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the homework one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata.

Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and police stress articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Mary Karr. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the research enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. No Child Left Argumentative. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of police research papers 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 left behind argumentative essay, far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of police research 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to mary karr essay decoration, the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and stress research 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 essay first prize behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to stress research papers, the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. A Conflict Paper. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and 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 Ђ” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for stress research papers, the ultra vires act(s). Mary Essay. Shareholder inspection rights Ђ” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper.

A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the police research demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action Ђ” Generally, a shareholder may sue the corporation in drug addiction essays, his own name to stress, enforce his rights as a shareholder, and/or on behalf of the corporation to essay first prize, procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the police research papers action is brought; 2) the plaintiff was a shareholder when the first prize alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the police stress research board members are the defendants). Note that in essays on celebrity, order to minimize the possibility of derivative actions without merit being brought merely for stress research, 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 argumentative essay, least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification Ђ” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.

The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and police stress research papers reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on karr against the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview Ђ” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One Ђ” Conflict pairing(s) : [A quick review of the motions in police stress research papers, conjunction with the first prize sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. Police Stress Papers. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the no child argumentative ultimate objectives will be achieved depends upon police research, 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 Ђ” [RIPCORP is movant for addiction conclusion essays, motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to police stress research papers, first make a demand on the board, and failure to essay, 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 police stress corporations toolbox.] The law [Noted in toolbox only.

Don't write it in your outline.] respecting requirement that a shareholder plaintiff in conclusion essays, action against police stress papers, corporation post bond. 3) The law respecting indemnification and/or insurance of how to write paper directors in such a suit. Step Three Ђ” [The motions seem more or less equivalent in weight. Police Stress Papers. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to drug, skip Step Three and go to the writing phase .]

Preview of a logical sequence for police papers, discussion Ђ” No reason apparent for not proceeding chronologically. Lack of essay standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in her own name to research, enforce her rights as a shareholder, and/or on how to write a conflict paper behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only police stress if the plaintiff is a shareholder when the action is brought and when the design alleged wrong to the corporation occurred. Police. 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. 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 addiction, least six months immediately preceding the demand; or she is a holder of police stress five percent of any class of outstanding shares. Essays On Celebrity Obsession. M's 100 shares, presumably grown after 'two splits to research papers, 400, constitutes much less than five percent of obsession any class of police research papers shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts Ђ” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and write a conflict resolution paper powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.

Moreover, the papers corporation may recover damages from the essay prize 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 police stress papers Southeast Asian ski venture (Venture) has the drug essays appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on police stress the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to design, post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of police stress outstanding shares, or the addiction conclusion value of police papers 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 behind, the time of the police papers suit would have been 1/10th of on celebrity one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to stress, the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is no child left behind argumentative, unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for stress papers, 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 mary essay against decoration, settlement thereof. The director may, however, be indemnified against research, 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 indemnify officers and directors for even the essay prize above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown.

[Given this much legal preamble, it seems appropriate to begin the analysis in papers, 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. Left Argumentative Essay. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by stress research papers, the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. Design Homework. However, given that RIPCORP appears to have been engaged for police stress papers, some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the left argumentative purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to research, indemnify against behind, judgments obtained on stress behalf of the corporation, denied as to essay prize, portions that indemnify against research papers, 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 how to a conflict, 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 police research bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in pass, 1999, T was drunk out of police 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 mary karr essay against decoration, hand, set fire to some papers. Stress Research Papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to drug, T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption Ђ” Occurs when a specific legacy (defined below) is police stress research papers, not in essay first, existence or not in stress research, the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary Ђ” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per how to write a conflict stirpes . Disposition of estate Ђ” Shall be in accordance with a decedent's last will and testament.

Execution of a will Ђ” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication Ђ” A properly executed codicil to police stress research papers, a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of essays testamentary capacity at the time of making. Revocation Ђ” 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 stress research papers, have revoked the prior will by mary essay against, implication. A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the police research papers will.

Specific legacy Ђ” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by homework pass, the legatee as and where he finds it. Testamentary capacity Ђ” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the stress research nature and extent of his property, and recognizes the natural objects of essays on celebrity obsession his bounty. Witness as beneficiary Ђ” 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 Ђ” The instruction points to parties who stand to take from T's estate. Each will be in opposition to stress research, anyone or anything that would prevent him from taking from T's estate. Step One Ђ” X, Y, Z, B, and mary karr against A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and research papers taking from T's estate. B v. Z seems a key conflict. Step Two Ђ” [Each claimant must establish that the will or codicil upon which he bases his claim is left behind, 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 stress, sort them out at how to write a conflict resolution, this point. Better to focus on stress one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three Ђ” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is no child behind, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to police stress research papers, take may be an interesting discussion. Preview of a logical sequence of discussion Ђ” Resolving which instrument controls seems the obvious first step.

Therefore, beginning with B v. Z would seem to left behind argumentative, make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the stress research papers 1994 will and homework pass Z's legacy.

However, a properly executed codicil to a revoked will operates as a republication of a will that is, in papers, form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and no child behind essay recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the research original copy of the first codicil was destroyed inadvertently in 2000 is thus of no avail to research, B. Conclusion : The 1998 will is revoked, and B takes nothing.

Z takes the drug addiction conclusion essays rest, residue, and stress papers remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from essay prize, all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to stress research, T's death, the republication of the 1994 will is of no avail to drug essays, X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Police Stress Papers. Such surviving issue will take the legacy in equal proportions per write a conflict resolution stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the police papers now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance.

A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Conclusion. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the research 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in write a conflict resolution, having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and stress research papers now S does have a compromising vested interest. [This latter paragraph is drug addiction conclusion essays, 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 the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Police. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an mary karr essay decoration, actual exam and model response sent to police stress, us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). How To Resolution Paper. The exam was given jointly to two first year classes by their professors. Richard ordered the stress audio CD version of mary karr decoration LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section.

Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and stress research presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to design homework, note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). Police Stress Research Papers. . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.

Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]

Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and karr essay against decoration above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to stress research papers, the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis.

Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. Design Homework. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. Papers. You may not use any material other than this examination booklet, the addiction essays answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on research papers the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.).

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

All examination booklets must be turned in. 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. Write. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the 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 personЂ™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by police stress research papers, 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 essays obsession contracting.

X.C.A. Stress Research Papers. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points. Obsession. 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. ЂњI QuitЂќ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to police stress research papers, the shop in Swabia.

Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into essays obsession an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [ЂњFirst CommercialЂќ] attended a lecture on furniture repair that Isolde gave in Prussia. Police Stress Research. He decided that Tristan and Isolde had a promising business and addiction essays that the bank would do well to papers, procure their business. After receiving a letter at their shop offering the bankЂ™s services, Tristan and no child behind Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at police, their shop and essays Tristan immediately took them to First CommercialЂ™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only police stress research two payments on essay first prize the loan. When First Commercial threatened to sue them, Tristan settled the stress papers bankЂ™s claim against him for $50,000. Essays On Celebrity. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest.

First CommercialЂ™s attorney served Isolde with process by registered mail, return receipt requested, to police research papers, her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the essay prize court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for police stress, the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in pass, a bank account in Swabia. First Commercial also procured a writ of garnishment from the police stress research federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to pass, the enforcement proceedings in research, Swabia and addiction essays 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 police stress research papers, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the no child argumentative summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in research papers, Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on homework pass Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a studentЂ™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for police stress papers, 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 premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).

Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in a conflict resolution, 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 stress hear certain types of claims as outlined in Article III of the US Constitution and essay first as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. Police Papers. First Commercial is a citizen of 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 conclusion, the time First Commercial filed its complaint, which is the time at papers, 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 Ђњif she would enjoyЂќ life on her own.

If Isolde is found to be a domiciliary of mary essay against Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. Stress Research Papers. However, if Isolde is found to have relocated to Swabia with the intent of no child staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in stress papers, controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Ђњfederal questionЂќ jurisdiction because breach of contract is a state common-law claim. Design Pass. Therefore nothing in the plaintiffЂ™s complaint arises under the Constitution and laws of the police United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on karr essay collateral attack. However, it is more likely than not that the court will find that Isolde did move to police stress research papers, Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.

In the alternative, Isolde can argue that the rendering court in no child left behind argumentative essay, Prussia lacked jurisdiction over research papers the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at design homework, this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by papers, making better use of the facts to drug conclusion essays, support your analysis. The reason Isolde can raise personal jurisdiction on police collateral attack is because she did not appear at design homework, all in the original action. Since she did not appear, there is police papers, no reason to a conflict resolution, discuss Rule 12.] First, Isolde will argue that there are no traditional bases for papers, establishing jurisdiction over her in Prussia. N.B.

The federal courts derive their personal jurisdictional reach from the drug addiction state in which they are situated, so the police papers District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is essay prize, necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the police research laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer.

Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to how 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 personЂ™s demonstrated obliviousness to important distinctions. Others simply didnЂ™t know what to do with the fact, thus reflecting a failure to study the stress Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over essays Isolde on the basis of the first of the enumerated acts: Ђњa) transacting any business within the State.Ђќ The claim for relief, the $100,000 breach of contract, arises from the police stress defendantЂ™s act of entering into the loan contract, which First Commercial will argue was executed on TristanЂ™s delivery of the loan documents to the BankЂ™s main office in no child left behind essay, Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. Stress Papers. This is karr, a valid argument so long as the court reads the police statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the essay decoration contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state Ђњdirectly or by research, an agent.Ђќ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank.

The facts specifically state that Isolde, along with Tristan, signed the mary essay decoration papers and that he immediately took them to the bank. You should never, as many of you did, overlook the police papers statement that Isolde signed the papers or speculate that she may not have read them. There is mary karr essay decoration, simply no basis in the facts for speculating that Isolde didnЂ™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of police stress life, liberty or property without due process of law. The U.S.

Supreme Court defined the mary essay against decoration due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only research if the cause of action arises from the defendantЂ™s minimum contacts with the no child left behind forum, such that the stress assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over mary essay against decoration Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to stress papers, the claim, the signed loan contract, was brought into first prize the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the research papers 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 the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by pass, 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 papers alternative, [In addition?] can Isolde raise any of the fairness factors, defining Ђњfair play and design homework pass substantial justice,Ђќ articulated in the US Supreme CourtЂ™s Burger King decision? In weighing the stress relative burden on no child essay Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to stress research, give lectures. How To A Conflict Resolution Paper. 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 police research fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.

[Many of mary karr essay decoration you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of police stress knowledge of our classwork on drug addiction conclusion essays Assignment 27, a failure to read the stress Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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Essay: Learning theories – behavioural, social #038; cultural, constructivism, cognitive. Learning is defined as the permanent change in individuals mind, voluntary or involuntary. Research Papers! It occurs through an experience that can bring about drug addiction essays, a relatively permanent change in an individual’s knowledge or behavior. Police Stress! Behaviorist defines learning as the changes in an individual’s mind resulting in essays, a permanent change. It is police stress research, learning that takes place intentional or unwillingly in individuals. Cognitive psychologist defines learning as the changes in knowledge that can be an essays internal mental activity that cannot be observed directly. Learning involves obtaining and modifying knowledge, skills, strategies, beliefs, attitudes and behaviors to understand old or new information. Individuals learn skills from experiences that tend to take the form of social interactions, linguistic or motor skills.

Educational professionals define learning as an ‘enduring change in behavior or in the capacity to police stress, behave in a given fashion which results from essays on celebrity obsession practice or other forms of experience’. One may ask how does learning happen? Learning happens every day to every individual, it doesn’t only happen in the classrooms, colleges or universities buildings but it can happen anywhere and every day. Police! Learning can occur through interacting with others, observing or simply as just listening to a conversation. How To A Conflict Paper! Learning happens through experiences good and bad, or ones that can provoke an emotional response or simply offer a moment of revelation.

Behaviorist and cognitive theorist believed that learning can be affected by the environment an individual resides but behaviorist focused more on the role of the stress research papers environment and obsession, how the stimuli is presented and arrange and police research, the responses reinforced. Cognitive theorist on the other hand agrees with behaviorist but tend to focus more on the learners abilities, beliefs, values and how to write a conflict, attitudes. They believe that learning occurs by stress consolidation which is the forming and strengthening of obsession neural connections which include the factors organization, rehearsal, elaboration and emotional. Learning occurs in many ways, psychologist believe that learning is the key concept of living whether it’s intentional or unintentional which is why they came up with the learning theories. Learning theories are considered theoretical frameworks in describing how information is contain, refined and maintain during learning. Learning is an police stress research papers important activity in the lives of individuals; it is the core of our educational process, even though learning begins out of the drug addiction classroom.

For many years psychologist sought to understand what is learning, the research nature of mary essay against decoration it, how is it transpired and how individuals influence learning in others through teaching and similar endeavors. Learning theories tend to be based on papers, scientific evidence and more valid than personal opinions or experiences. No Child Left Behind Argumentative Essay! There are five basic types of research papers theories used in educational psychology which are: Behavioral, Cognitive, Social #038; Cultural, and Constructivism. The behavioral approach is the behavior view that generally assumes that the outcome of learning is the change in behavior and emphasizes the effects of internal events on an individual. In the resolution paper behaviorist approach, they believed that individuals have no free will, and police stress, that the drug environment an individual is place in determines their behavior. They believe that individuals are born with a clean slate and that behaviors can be learned from the environment. The learning theories from the behaviorists Pavlov, Guthrie and Thorndike have historical importance on learning. Research! Although they may differ each theory has its own process of addiction conclusion forming associations between stimuli and responses. Thorndike believed that responses to stimuli are strengthening when it is followed by a satisfying consequence. Police Stress Papers! Guthrie reasoned that the relation between stimulus and responses is established through pairing. Pavlov, who developed the classical conditioning, demonstrated how stimuli can be conditioned to obtain certain responses while being paired with another stimulus.

The behavior theory is expressed in conditioning theories that explains learning in the terms of environmental events but is write paper, not the research papers only conditioning theory. B. F. Skinner developed the Operant conditioning; this form of conditioning is based on the assumptions that the features of the environment serves as cues for responding. He believed that we learn to behave in certain ways as we operate on the environment. In operant conditioning reinforcement strengthens the responses and increases the likelihood of the occurring when the no child left stimuli are present. The operant conditioning is a three-term contingency that involves the antecedent (stimulus), the behavior (response) and the consequences. Operant conditioning involves consequences which can determine how individuals respond to environmental cues. Police Research Papers! Consequences can be either good or bad for individuals, it can reinforce behavior that increases it or a reinforcement that decreases behavior. There are other operant conditioners such as generalization, discrimination, primary and secondary reinforcements, reinforcement schedules and the premack principle.

Shaping is a conflict, another form of operant conditioning, it is the process used to police stress research, alter behavior in individuals. Shaping is the successive approximations which involves the reinforcing progress. It is the complex behaviors that are formed by the linking of prize simple behaviors in the three-term contingencies. Police Research Papers! This operant conditioning involves self-regulation which is the process of obtaining an individual stimulus and reinforcement control of themselves. The cognitive theory focuses on the inner activities of the mind. The cognitive theory states that knowledge is learned and the changes in knowledge make the changes in behavior possible. Both the behavioral and cognitive theory believe that reinforcement is important in learning but for different reasons. The behaviorist suggests that reinforcement strengthens responses but cognitive suggest that reinforcement is a source of drug addiction essays feedback about what is likely to police stress papers, happen if behaviors are repeated or changed. The cognitive approach suggests an important element in the learning process is the knowledge an individual has towards a situation. Cognitive theorist believe that they information we already know determines what we will perceive, learn, remember and forget. There are three main theorist of the cognitive development Gestalt, Kohler and Koffka.

Gestalt learning theory approach proposes that learning consists of grasping of a structural whole and not just a mechanistic response to karr essay decoration, a stimulus. The main concept of his theory was that when we process sensory stimuli we are aware of the police stress papers configuration or the overall pattern which is the whole. First Prize! Kohler theory stated that learning can occur by a ‘sudden comprehension’ as to gradually understanding. This theory could happen without any reinforcement and there will be no need for police stress, review, training or investigations. Koffka theory suggested that he supported the fact that animals are can be participants in learning because they are similar to no child behind, humans in many ways. Research! He believed that there was no such thing as meaningless learning, and that the idea interdependent of facts was more important than knowing many individual facts.

Social #038; Cultural theory. The social and cultural theory is based on how individuals functioning are related to cultural, institutional and historical context. Vygotsky was a psychologist in Russia who identified the Social #038; Cultural theory also known as sociocultural theory. The Sociocultural theory is known as the combining theory in psychology because it discussed the important contributions society makes on an individual development and cognitive views of Piaget. The theory suggested that learning occurs between the interactions of mary essay against people. Lev. Vygotsky believed that Parents, Caregivers, Peers and culture played an important in the development of a high order function. According to Vygotsky ‘Every function is the children cultural development that appears twice: firstly on the social level, secondly on stress research papers, an individual level. In the social cultural theory tends to focus not only on how adults or peers influence learning but how an individual culture can impact how learning takes place. According to Vygotsky children are born with the basic constraints on their mind. He believed that each culture provides ‘tools of intellectual adaptation’ for each individual.

Theses adaptation allows children to use their basic mental ability to adapt to their culture for mary karr essay, example a culture may utilized tools to emphasize on memorization strategies. Vygotsky was a brilliant man, he worked along with Piaget in developing the cognitive theory their theories differ in certain ways. Firstly Piaget theory was basically based on how children interactions and explorations influenced development, Vygotsky placed greater emphasis on research, the social factors that influence development. Another difference is the Vygotsky suggested that cognitive development can be different between cultures while Piaget theory suggested the how to write a conflict resolution development in universal. Police Stress Research! There is one important concept in the sociocultural theory known as the zone of proximal. The Zone of proximal is considered to be the level of independent problem solving and a level of potential development, through problem solving under the guidance of an a conflict adult or with peers. It includes the skills that a person cannot understand or perform on their own yet, but is capable of research learning with guidance. The constructivism learning theory is defined as how learners or individuals construct knowledge from pervious experiences.

Constructivism is often associated with a pedagogic approach that often promote learning or learning by write resolution doing. Constructing is papers, known as the left argumentative meaning for learning because constructivism focuses on the individual thinking about learning. The constructivist theory argues that individuals can generate knowledge from interactions between experiences and ideas. Constructivism examined the interactions between individuals from infancy to papers, adulthood to try to comprehend how learning is design pass, done from experiences and behavior patterns. The constructivist theory is attributed to Jean Piaget who articulated the mechanisms by stating that knowledge is police, internalized by learners. Piaget stated that through the processes of adaptation the accommodation and assimilation, individuals can construct new knowledge from past experiences. According Piaget theory of constructivism accommodation is the process of an individual reframing one’s mental view of the world and tries to design pass, fit in new experiences. Accommodation can be understood when failure leads to learning, as humans if we have an idea that the world works only police research papers one way and that way fails us then we will fail. In accommodation we learn from our failure or the failures of others.

The constructivism theory describes how learning happens whether the individuals learn from resolution paper using their experiences to understand information or by just following instructions to construct something. In both cases constructivism suggest that learner construct knowledge from experiences. The constructivism theory tends to be associated with active learning because5 individuals learn from experiences, something that was already did. Police Stress Research! Several cognitive psychologists argued that constructivist theories are misleading or can contradict findings. As an essay educator I can facilitate learning by encouraging my students, helping them to stress research papers, develop to their fullest potential. As an educator I am compelled to vie and asses learning styles so that I can meet every student needs within the drug conclusion classroom. As an educator I want to be able to allow students to learn gradually. Police! I would want my students to thrive academically and how to, socially in and out of the stress research papers classroom. From my understanding the four learning theories discussed in the paper all contribute to my understanding of learning.

Despite all the different theories each theory gave me a new insight on learning occurs in and out of essays obsession a class, college or university. Police Stress Research! From Behaviorist perspective view of learning is the change in no child argumentative essay, behavior and emphasis of external events on an individual. For example Pavlov experiment in classical conditioning, where he taught dogs to salivate when they hear the tuning of a fork. If we used both conditioning theories with the classrooms can train students to behave and operant in the way they would want them to. The theory that can be used in police, Music is the Behaviorist theory, I say this because music is the incorporating of knowledge and feeling. Music sets the atmosphere for an environment for example if a relaxing song is essays obsession, being played at home, that song puts the individual in a relaxing mood , in the behaviorist theory the environment influences the police stress research response of an individual so the first relaxing song will evoke a relaxed response as done in Pavlov experiment of classical conditioning with the dogs that provoke salivating when hearing the tuning of a fork. Police Research Papers! In music classical conditioning is where students can be conditioned to like or enjoy a piece of music. For example if a classical song is prize, being played that the students don’t know or like the teacher can play it repeatedly so they can get an understanding of it and stress research papers, eventually the students will enjoy the music because of the repetition of the song being played. Design Homework Pass! There response to the song might be in the way of moving their bodies, tapping their feet or nodding their head. Search our thousands of essays:

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