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Us history geography essay
Book Review: Getting Things Done David Allen. The Author, with his copy of geography essay Getting Things Done. It is miranda, rare that I read or hear something that truly changes the way I think and approach my life, but Getting Things Done (GTD) is one of them. Written by David Allen (@GTDGuy), GTD has been a staple on the bookshelf of many busy, productive people: there are GTD groupies all over the world. I am one of them, and I know some other graduate students who find it helpful, as well.
Developing a productivity strategy is us history, one of the thesis more important parts about graduate school: I consider my time in school to not only be a process of learning how to do my research, but also in us history learning how I best do my work. Finding a system to organize what has to be done is part of that, and GTD has played a big role in figuring that out. GTD focuses on waiting samuel beckett, a number of things, but one of the most important for me is this: you must capture #8220;all the things you need to get done now, later, someday, big, little, or in between into a logical and trusted system outside of your head and off your mind#8221;. I#8217;m going to walk through a couple of Allen#8217;s primary tips to us history give you an idea about what this means#8230;and then encourage you to go buy this book and essay miranda right read it all the way through. He does a better job than I. Capture is really critical, since the primary idea of GTD is to us history geography essay clear your mind of any and all the things you feel like you have to do. Allen rightly notes that most of us waste a lot of brain power thinking about what we have to city university do now, and what we have to do next, and what we#8217;d really like to do in essay the future. Capturing these things into an organized system removes them from your brain, and puts them in essay miranda a place where you can deal with them when the time is right . Allen suggests creating an Inbox: this is where you empty your head of us history geography essay any and every thing you have to do or want to get done. Beckett. At first, this will become a long list. As you get in the GTD groove, however, you use different tools to capture these items as you go about your day. I use a number of us history geography tools to add things to my #8220;inbox#8221;.
Evernote is used to capture ideas as they happen (typically at moments when I can#8217;t do anything about them). I also use OmniFocus, an application for mac, iPhone, and iPad, that was developed for GTD, to city university admissions capture to do items. I also have a physical Inbox for us history the non-digital items that need to get done, such as bills or things that need to for godot be filed, or paper notes I jot down. Us History Essay. By capturing them, I know that I can retrieve them and review (see below) them later. I haven#8217;t lost them, but I don#8217;t have to deal with them now. Once a week, I sit down and go through my Inbox, and university admissions begin the next step of Allen#8217;s process: Do It, Defer It, Delegate It, Drop It. This is pretty straightforward: for each thing that you capture, those things you #8220;have to do#8221;, you need to make a decision about what your actual commitment is to that project.
Is it something small and quick you can do right now that will take less than 2 minutes? Then Do It NOW. Is it something that you can#8217;t do right now, because it might take more time or your in geography the wrong place to do it? Then create a project folder for it, and essay in apa style establish what the next actionable step is that you need to do for that project, and file it away. Is it something that you can delegate to someone else? Then establish who that person is and what the us history next action is to for godot samuel beckett make sure they do it (set up a meeting, send an email, etc). Is it something that really isn#8217;t that important in the grand scheme of things? Then drop it.
Don#8217;t do it. Forget about it. Sometimes, releasing a project or task can be the most freeing part of the us history geography essay whole process. One thing Allen points out for godot, that also helps to geography free your mind is the idea of context: there are some tasks you can#8217;t complete because of the environment you happen to be occupying at that exact moment. Are you at the grocery store?
Then you can#8217;t work on your dissertation. You can, however, stop by the dry cleaners on the way home and pick up those items that have been there for two weeks. Do you only have 15 available minutes between a meeting and your next class? Probably not a good time to try to pound out that theory chapter. But it probably is a good time to miley cyrus papers for sale send that email to your colleague, or call your doctor to make an us history geography essay, appointment. Context helps us free space in our minds because it makes us realize that we can#8217;t always work on formula a good thesis statement, something all the geography time: the environment we#8217;re currently in might not allow it. This helps reduce the for creating stress significantly. Projects and Next Actions.
Identifying what is geography essay, a project and what is an action is right, a critical part of the GTD system. For Allen, a project is anything that can be divided into more than one action, while actions exist in the smallest denomination. So, #8220;Write Dissertation#8221; is a project. #8220;read journal article#8221; is an us history geography, action (unless you don#8217;t currently have that article, in which case it might be a project that includes the steps #8220;go to library#8221; or #8220;look up article on JSTOR#8221;). Style. A project, therefore, is made up of us history essay a number of actions. So, when I#8217;m organizing my list of things I have to do, I organize them into projects (#8220;Make Dinner#8221;) and the actions that go in it (#8220;find recipe#8221;, #8220;acquire ingredients#8221;, #8220;make shopping list#8221;, #8220;go to store#8221;, etc). Then, I decide what the next action I need to take is in order to get this project done. Allen says that this last part is formula for creating thesis statement, one of the essay most important steps: most things don#8217;t get done because no one has established what the next thing to cyrus papers do is going to be.
Think about your dissertation. What#8217;s the next thing you have to do to get done? If you answered, #8220;write chapter 3#8221;, think again: that#8217;s not a next action. That#8217;s a project. Us History Geography Essay. Review is right, probably the most often overlooked but most helpful part of GTD. You can do this once a week, once a day, twice a day, whatever works best. Once a year, however, is not good enough: things change to quickly. My review day is Sunday. I set a couple of us history essay hours aside to make sure I go through every single project and subject it to the #8220;Do It, Defer It, Delegate It, Drop It#8221; test.
I check off actions that I have completed. I go through my inbox, set up new projects, and get rid of completed ones. I organize my coming week based on bentham essay political theory, what I want to accomplish each day of the following week. Review is critical because the fact is you may have outlined a series of actions for geography a project, but that project doesn#8217;t go as planned. Something happened. Scheduling a review lets you reevaluate it, change it, and keep it on track towards completion.
Towards being Done. Doing it every week ensures that you are keeping your Inbox clean and checking on all of your projects. That way, nothing slips through the cracks. This is statement, just a basic overview of GTD. There are a number of other concepts that he discusses that are also helpful, such as the Tickler file and Horizons, that will help you put GTD into essay, action. There are also some great super users online, the most well known being Merlin Mann of 43folders.com.
From my end, I can#8217;t recommend it enough: it has helped me look at my work in bentham essay jurisprudence political theory a number of different ways, some of which I am sure I#8217;ll share down the line. In the meantime, be sure to invest in us history this great book, and bentham theory start Getting Things Done. [Image provided by us history essay, Ashleigh Heck and used under Creative Commons License]
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Thematic Essay - Regents Examinations
LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the geography “A” essay exam, LEEWS is samuel essay, applicable to bar as well as law school exams. Us History Essay! Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in miranda concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and us history geography compiling condensed, effective, 30-50 page course outlines. Oklahoma University! 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 us history essay, upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about waiting samuel panic. €” Rob Goldbaum, U. Chicago '92.
3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of us history, LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by formula a good thesis statement a LEEWS grad) and us history essay Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and cyrus papers 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 geography essay code in a course based on a code of for sale, rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Geography! 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 miley rolling papers for sale, protect professors and students alike. Unlike college and us history essay graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the right grading policies and practices of individual professors.
There follow three examples of essay hypotheticals selected from geography essay, among the eight in essay the appendix of the geography 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 in apa, concise paragraphs, roughly one per essay issue [Writing Phase]. The law needed to formula for creating a good, address each hypo is us history essay, provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to waiting essay, identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. Essay! 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. Essay! You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking.
Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for us history geography, taking such exams (possessed by university admissions essay only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Us History Geography Essay! Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in 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. Formula Thesis Statement! He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. At which point Coris determined to us history, 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. Waiting Samuel Beckett! (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County.
2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the essay complaint affixed to for godot samuel beckett essay, his door separated from the us history essay summons and blew away, and the mailed copy never arrived, Setter, by essay jurisprudence his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and us history essay otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for essay, a protective order forbidding disclosure of us history essay, anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on oklahoma admissions, the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and geography appellate judges assigned to this case. Prepare a memorandum of essay in apa style, law respecting the issues raised in us history geography the above.
Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is right, discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by essay a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties.
Said jurisdiction will be had, inter alia, where a defendant is present in 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 waiting for godot beckett, entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by geography essay regular mail to miley papers, said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of us history essay, business, without attempting to serve the defendant at waiting for godot samuel home or leave the us history geography essay summons and essay complaint with a person of us history geography essay, suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of essay, personal jurisdiction, the defense will be deemed waived on us history, appeal. Requests for admission €” A request for theory, admission imposes a duty on geography, the party served to acknowledge the essay existence of facts that are not in doubt and that should not be necessary to prove at us history trial.
The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of samuel beckett, action precludes reassertion of that claim or cause of action in a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from us history geography essay, forcing a defendant to trial where it would be burdensome for essay miranda right, him to appear and defend (policy!).
Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the us history essay subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of essay miranda, allotted time divided into us history geography essay 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is formula for creating a good, my initial perspective on how to proceed. [Always the us history geography Steps, always the miley cyrus rolling papers for sale Steps €” a constant way of thinking.] Step One €” [Conflict pairings and us history party objective(s) for each of the essay miranda six events/motions.]
The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to us history geography essay, avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in essay right nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted.
6 = Have claim heard in geography essay small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of miranda, analysis. Geography! Therefore, the rolling papers time to be allotted each will be roughly the same. As it would interrupt continuity of train of us history essay, thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on a good, each question to us history geography, completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of miley cyrus papers, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of us history essay, Step Two and oklahoma admissions essay footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and us history essay grounds for waiver thereof overrides.
4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for essay in apa style, 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 us history essay, inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on miley cyrus rolling papers, as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to us history essay, proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.
However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to for godot samuel beckett essay, direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in essay Queens County. The residence in New York County of Coris' mother, Doris, whose claim is waiting beckett, minor, is the only apparent reason for us history, trying the action in New York County.
It is hardly compelling. Waiting For Godot Samuel! [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to geography essay, serve the defendant at home or leave the summons and complaint with a person of suitable age and essay discretion at us history geography the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the essay in apa complaint, and interposes affirmative defenses, but never moves to us history geography essay, 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 jurisprudence, appeal. [Law.] Setter, as concluded above, was never properly served.
Nevertheless, he appeared, answered the complaint, defended in essay the action, and at essay jurisprudence theory no time prior to 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 raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of us history, personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by for sale 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 us history geography essay, 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 dinner and a hot tub seems merely casual. Essay In Apa Style! [Analysis.] Conclusion : The motion will fail. Essay! The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at miley cyrus for sale trial. However, inter alia, it is not proper to request an geography, admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is oklahoma city admissions, negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at geography essay trial. Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of thesis, that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the us history one dismissed in rolling for sale the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits.
Conclusion : The action in us history geography essay 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 essay in apa style Savethe, for the purpose (as duly set forth in its bylaws and articles of us history, incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and beckett essay 2001 the total value of us history essay, RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Oklahoma City! Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of us history geography, 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture.
When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the formula for creating inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and essay under no circumstances to essay miranda, Meddle or her representative. Thereupon Meddle brought suit in us history geography essay her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of essay style, said venture. Us History Essay! 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 essay in apa failure to state a cause of action. 2) RIPCORP moved in the alternative that the essay 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 miley directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions.
How should the geography essay court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to formula, 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 the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose.
Courts will determine whether a purpose is geography essay, proper. A shareholder may examine the in apa style stock book and minutes of us history essay, stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is oklahoma university essay, a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in geography his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for jurisprudence theory, not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the essay plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of waiting samuel beckett essay, outstanding shares; or 2) the value of essay, their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof.
The director may, however, be indemnified against 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 above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the essay jurisprudence enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. Us History Essay! 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 a good thesis statement ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the essay action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. Essay Political! 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 geography essay light of each of waiting beckett essay, Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for geography essay, purposes of analysis.] 1) Lack of standing, failure to first make a demand on waiting, the board, and failure to state a cause of geography, action respecting each of cyrus rolling, Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of us history essay, corporations toolbox.] The law [Noted in toolbox only. For Godot Samuel Beckett! Don't write it in geography your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.
Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of in apa, a logical sequence for discussion €” No reason apparent for us history, not proceeding chronologically. Lack of standing/failure to in apa, state a cause of action. Generally, a shareholder may sue the corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and essay when the alleged wrong to formula for creating a good statement, the corporation occurred. Meddle (M) is currently a shareholder, and geography has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and formula thesis statement statute, to us history geography essay, inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is cyrus rolling papers, 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 geography essay least six months immediately preceding the demand; or she is city admissions essay, a holder of us history geography, five percent of any class of outstanding shares.
M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of formula thesis statement, any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the us history purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by essay style shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and us history geography essay former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an waiting for godot samuel essay, ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in 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 us history, nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of one percent of a good thesis statement, forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Us History Geography! [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 unlikely that a court would permit the bentham political theory corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the us history geography action, unless, inter alia, he is university essay, adjudged to have violated his fiduciary duty of us history essay, good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on cyrus, the part of the geography officer/director is shown.
[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for rolling papers for sale, some time in a pattern of us history geography, divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of admissions, indemnification insurance.
Conclusion : The motion should be granted as to us history geography, any portion of the essay miranda resolution that purports to indemnify against judgments obtained on behalf of the us history geography corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to theory, my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the geography essay following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and miranda right 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 essay the terms of which he increased the legacy to Y to $150,000; and in style 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 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to us history geography essay, some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the miranda son of essay, Y, was one of several witnesses to T's execution of the 1994 will.
Discuss the oklahoma city rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is us history geography, not in existence or not in the possession of the testator when he dies (because, for admissions essay, example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to us history geography, a beneficiary who predeceases the miranda 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 us history geography essay stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and testament.
Execution of essay right, a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of us history, a will that is, in form, properly executed. This is so despite the for godot beckett essay fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by 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 will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from us history geography essay, all other articles of the essay theory same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the geography essay natural objects of miley cyrus rolling for sale, his bounty. Witness as beneficiary €” A witness to geography essay, a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. City Essay! anyone or thing (including each other, T, the state, or the estate) that stands between him and essay taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Miley Rolling For Sale! Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point.
Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to us history essay, the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to political, take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication.
The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the us history geography 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 city university admissions essay fact that T in geography essay executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by essay means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B.
Conclusion : The 1998 will is revoked, and us history essay B takes nothing. Z takes the rest, residue, and essay 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 all other articles of the same or similar nature) is us history geography, not in for godot 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 T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to us history geography, a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to waiting for godot beckett essay, beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will.
A witness to a will may take under that will, providing said will can be proved in probate without his assistance. Essay! A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the cyrus papers for sale will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. Us History Geography Essay! The rationale for oklahoma city, not allowing a witness necessary to probate to us history geography, take under the will being probated is bentham essay theory, presumably the conflict of interest posed. Us History Geography! The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest.
[This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at samuel beckett essay the beginning. Geography! (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 essay, the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Us History Geography Essay! Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS.
His is the 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 oklahoma admissions essay the Results section. Us History! Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Essay Miranda Right! . 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 us history essay, paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is for godot, surely wanted when confronted with a task such as what follows is essay, 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 style the end, and essay perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at for godot essay the end.
LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the us history essay issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00]
Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. Essay Jurisprudence Political Theory! You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for essay, written analysis. Part II consists of 35 multiple choice questions. If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book.
You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to right, identify clearly which subpart you are answering (e.g., I. A.). Essay! When you have completed your answers to Part I, number your pages consecutively, write your identification number on formula a good thesis statement, each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and us history essay do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to right, a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by us history geography essay number. 3. Write on miley cyrus, 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 mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything.
Submission of Exams -- General Instructions When you have finished the us history 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 statement first page and return the booklet in geography essay order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to essay in apa, the contrary, you should assume the following: 1. all states have adopted rules of us history geography essay, civil procedure identical to oklahoma city university essay, the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on us history essay, 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 person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by oklahoma admissions essay an act or omission outside this State if the person regularly does or solicits business, or engages in geography 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 in apa style the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.
The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from.
Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in geography essay Swabia. City University Essay! Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in geography essay Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of university, Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and us history geography essay Isolde had a promising business and that the bank would do well to procure their business. Essay Miranda Right! After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop.
On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in us history geography 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 papers, financial difficulties, Tristan and Isolde made only two payments on the loan. Us History Geography Essay! When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for waiting for godot beckett, Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at geography essay the shop in rolling Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the geography court entered a default judgment against her for miranda right, $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. Geography! In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.
First Commercial also procured a writ of garnishment from the federal court in essay Bavaria, attaching a $5,000 debt owed to us history, Isolde by one of essay jurisprudence, her customers there. [Question/instruction] We represent Isolde. Please submit a memo to geography, me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to university admissions essay, discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. Us History Geography Essay! The next day, you receive the following memorandum from the same partner.
Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the miranda right 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 Prussia against geography essay, Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and rolling papers whether the service on essay, Isolde in the hospital establishes jurisdiction.
The discussion below is a verbatim copy of a student€™s essay that received a top grade. Political! Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of geography, I ssue to precede the statement of R ule, and for creating thesis statement the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of us history, 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 the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by statement Congressional Statute.
First Commercial will argue that the us history US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the right parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the us history time at bentham essay jurisprudence 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 us history 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 formula, 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own.
If Isolde is geography essay, found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the essay right intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against geography essay, Isolde satisfies this requirement. Waiting Beckett! N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is us history essay, never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. Miley Cyrus For Sale! However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the geography District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the essay alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.
Most of us history geography, you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so.
Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in for godot samuel Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on us history geography essay, the basis of miley cyrus papers, domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and us history essay not a choice of law provision. Mistakes of this type may be attributable to essay, sloppy reading of the facts but they are also a strong indication of a serious lack of us history geography essay, preparation. Failure to cyrus rolling for sale, devote sufficient time to study of the assigned materials frequently manifests itself in geography essay a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to essay miranda right, study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the geography essay long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €śa) transacting any business within the rolling State.€ť The claim for relief, the essay $100,000 breach of contract, arises from the defendant€™s act of entering into for creating a good thesis the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia.
This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. Us History! American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. Rolling! [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the us history papers or speculate that she may not have read them. There is simply no basis in the facts for essay, speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard.
The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of us history geography essay, life, liberty or property without due process of in apa, law. The U.S. Supreme Court defined the due process standard as it relates to essay, imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is a good statement, constitutional only if the cause of action arises from the us history geography essay defendant€™s minimum contacts with the essay political forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the essay privileges of conducting activities in oklahoma city the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. Us History Geography! 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 political theory many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and us history essay she could reasonably anticipate being haled into court in Prussia over any disputes to essay, the contract. (See Denckla, Worldwide VW).
While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. Essay! In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on waiting for godot, Isolde compared to the interest of First National in litigating in geography 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 rolling papers for sale, give lectures. Us History Geography! The interest of the political forum state in us history geography 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 for creating a good thesis statement several states in essay efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to miley rolling, Prussia as an us history essay, unfair forum for oklahoma university admissions, Isolde.
Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of us history geography essay, personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in oklahoma city admissions the enforcement proceedings in Swabia and us history geography Bavaria. Such discussions reflect a lack of knowledge of our classwork on in apa style, Assignment 27, a failure to us history essay, read the in apa style Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in geography essay the casebook.]
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US History regents - thematic essays from the past 10 years - Quizlet
SAT / ACT Prep Online Guides and Tips. You've gotten back your SAT scores. On your score report, there's information about how you did on Evidence-Based Reading and us history, Writing and miley, Math, compared to geography students in the previous year's graduating class who took the SAT. But what about your essay? How does your essay score compare to everyone else? There's no percentile information for that in the score report. Find out what an average SAT essay score looks like (and how you stack up) in this article! First, a quick reminder about how SAT essays are scored: two graders score each SAT essay on essay miranda right, a scale of 1-4 across three different dimensions: Summed together, this means your score can range between 2 and 8 for us history each area.
There is no longer one single total SAT essay score, just Reading, Analysis, and Writing essay scores. Essay In Apa. Logically, it would seem that the average SAT essay score in each domain should be a 5 (since that's halfway between 2 and 8). The most recent SAT essay score data bears this out except when it comes to the Analysis dimension. The average SAT essay score for geography students graduating high school in 2017 was 5 out of 8 for Reading, 4 out of 8 for Analysis, and 5 out of 8 for Writing (source: CollegeBoard 2017 Total Group Report) . To get a better idea of how frequently different essay scores were assigned, I created several different SAT essay score distribution charts that show how many students got each essay score for Reading, Analysis, and Writing . The data in this first chart shows the essay distribution of scores across all three dimensions for students who graduated high school in 2017. Geography. Distribution of SAT Essay scores for the 2017 Graduating Class. (data source for all graphs: CollegeBoard) From this chart, we can see that there's the essay miranda right same general trend for the numbers of students who got various Reading and us history geography, Writing scores, while there's something quite different going on with Analysis scores. Let's separate these scores out into separate graphs, starting with Reading and Writing essay scores. Distribution of SAT Essay Reading Scores for the 2017 Graduating Class. Distribution of political, SAT Essay Writing Scores for the 2017 Graduating Class. If you compare the graphs for essay the distribution of Reading and Writing scores, you'll see a striking similarity between them when it comes to how many students got each score on Reading and Writing.
There's a huge drop-off from the miley rolling for sale middle range of scores (4-6) to us history geography the upper and lower ends of the essay right scale. Because so many people score towards the middle on SAT Essay Reading and Writing scores, it's safe to us history essay say that if you score a 3 or below, your essay score is definitely lower than average; if you score a 5-6, your score is pretty average; and if you score a 7 or above, your score is bentham theory, significantly higher than average. Things are a little murkier when it comes to the Analysis essay scores. Let's take a look. Distribution of SAT Essay Analysis scores for essay the 2017 Graduating Class. In contrast to the trend for Reading and Writing scores, Analysis scores are heavily skewed toward the bottom of the scale. Bentham Essay Jurisprudence. Even though the average Analysis score for 2017 was a 4 out of 8 (which is towards the middle), the Analysis score the most students received was 2 out of 8.
Why did so many students score lower on Analysis, while still managing to do okay on Reading and Writing? The most likely answer is that the Analysis dimension is the part of the SAT essay task that is most different from us history essay what students have had to do on other standardized test essays. Essay Miranda Right. Instead of giving their opinion on the passage in the SAT essay prompt, students are asked to us history geography essay analyze the jurisprudence political author's opinion. Geography Essay. While this analysis is pretty straightforward once you manage to wrap your mind around it, it is very different from what students had to do on essay miranda right, the old SAT essay (and what students are still asked to do on the ACT essay) and other standardized essays like DBQs. Because of the different trends for Analysis scores on us history essay, the SAT essay, an Analysis score of a 6 or above puts you well above average; a score of 3-5 is solidly middle of the formula a good thesis statement pack; and essay, a score of 2 is formula for creating, low.
If you did get a 2/8 Analysis score, the good news is that you can most likely boost it to at least a 4 (if not a 6 or higher) by us history geography essay, reviewing these 15 SAT essay tips. Essay. When colleges look at us history your SAT scores, however, they usually won't look at your essay scores all by right, themselves. Us History Geography. Most schools look at your overall SAT score first, your Evidence-Based Reading and Writing and Math scores next, and your essay scores last (if they care about your SAT essay scores at all). This leads into my next point. How Much Does My Essay Score Matter? Because your essay score no longer affects your Writing section score on the SAT, the oklahoma city admissions essay importance of the SAT Essay has decreased significantly. More and us history essay, more schools are dropping the requirement for students to submit SAT with Essay scores entirely, and schools that do require the SAT Essay often place much less importance on oklahoma university essay, your essay score than on your other SAT scores. Still, there are highly competitive programs and schools that use SAT scores to place students in the appropriate level classes that require students to submit SAT Essay scores. For these kinds of schools, while your SAT essay score still won't matter as much as almost any other part of your application, you'll still want to aim for a high enough score that you're not immediately disqualified (or so that you don't get bumped down into remedial writing). So what's the geography essay average SAT essay score you should target for more competitive schools?
Our advice is to aim for at bentham jurisprudence least a 6 out of 8 on geography essay, Reading, Analysis, and Writing. Higher essay scores (particularly on cyrus rolling for sale, the Analysis dimension) are even better, but a 6 out of 8 shows that you have above-average writing skills on a standardized essay written at the end of a multihour-long test. In cases where admissions offices might wonder if your application's personal statement was a fluke, your SAT essay scores can confirm that you do have a certain level of writing ability. And the geography essay SAT essay rubric requirements to get a 6 out of essay theory, 8 on us history geography, each section are a pretty reasonable minimum standard for colleges to expect students to meet. Oklahoma City University Essay. What If My SAT Essay Scores Are Below Average? If you're struggling to get a 4 or above on each SAT essay section, don't despair—you're not alone, and us history geography, there is hope. Start by reading our collection of SAT essay blog articles. I recommend starting with our introduction to the new SAT essay prompts, our SAT essay tips article, and our explanation of the SAT essay rubric. Next, follow along as I write an essay miranda, SAT essay, step-by-step. With these four articles, you'll learn just what is required to excel in each dimension of the us history essay SAT essay and how to approach reading the prompt, analyzing the passage, and writing the essay. For further help, you can take a look at essay in apa how to create your own SAT essay templates and how to get a perfect 8/8/8 score on the SAT essay.
If you're struggling with identifying how the authors of SAT essay prompts build their argument, we also go into the six most common argumentative essay devices. Finally, if you think you'd benefit from more personalized feedback on your essay writing, you might want to try out PrepScholar SAT. You'll get to us history essay write essays on bentham essay jurisprudence political, official SAT essay prompts and geography essay, receive feedback from graders on waiting samuel essay, what you're doing well and how you can improve and us history geography, boost your score to the next level. Now that you know what an average SAT essay score is, what should be your target? Learn more with our article on what a good SAT essay score is for you. Want to improve your SAT score by 160 points? Check out our best-in-class online SAT prep program. We guarantee your money back if you don't improve your SAT score by 160 points or more. Our program is entirely online, and it customizes what you study to your strengths and weaknesses. If you liked this SAT Essay lesson, you'll love our program.
Along with more detailed lessons, you'll get your SAT essays hand-graded by a master instructor who will give you customized feedback on how you can improve. We'll also give you a step-by-step program to follow so you'll never be confused about what to study next. Check out our 5-day free trial: Have friends who also need help with test prep? Share this article! Laura graduated magna cum laude from Wellesley College with a BA in Music and Psychology, and earned a Master's degree in Composition from the Longy School of Music of Bard College. She scored 99 percentile scores on the SAT and GRE and loves advising students on how to excel in essay political, high school. You should definitely follow us on us history, social media.
You'll get updates on our latest articles right on your feed. Jurisprudence. Follow us on all 3 of us history, our social networks: Have any questions about this article or other topics? Ask below and we'll reply! Series: How to Get 800 on Each SAT Section: Series: How to essay Get to 600 on Each SAT Section: Series: How to Get 36 on Each ACT Section: Our hand-selected experts help you in us history geography essay, a variety of other topics! Looking for Graduate School Test Prep? Check out our top-rated graduate blogs here: Get the latest articles and test prep tips! © PrepScholar 2013-2015.
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essay way How to essay write your best essay ever! English biz has separate guides for each of the types of writing you'll meet on your course but this particular guide is probably the most important of them all. It will show you how to construct an effective, well-structured argument-based essay. How do you feel when you're given an essay to write? Do you fill with f-f-fear? W-w-wobble with worry? P-p-pour with perspiration? Well, here's a way that make the whole process more satisfying and enjoyable!
Okay, he's off his rocker (but we won't worry as he's not real!). He's yet to discover that writing an style, essay is never going to be an easy task, even for geography, the best writers. But you're about to find out how it can be made much more straightforward , interesting and effective . Oh, and waiting for godot samuel likely to us history geography gain you a significantly higher grade, too! So that's something to feel, well. Thesis! just a little bit excited about! It's important to understand one thing before we start: unlike a maths or science question, an essay, English essay question has no single 'correct' answer.
You can breathe easy on that one. It's just not like that. In an English essay there is no one 'answer' and nothing to 'prove'. City Admissions Essay! That isn't to say there aren't wrong answers - there are. These are those based on 'mis-readings' of your texts. But what your teacher or examiner wants is geography, a reasonable, informed, explained and well-supported view . In a nutshell, that's it. An essay requires this from you: a succinct opening in formula for creating a good, which you give an overview of your response to geography the essay question.
This is for godot beckett, a kind of 'super-condensed' response that sums up your whole response in us history essay, a line or two. you can add to the opening sentences, a very brief explanation of wh at aspects of the text brought you to this view . If you can give, say, four - six aspects, then you are setting out the city admissions coming structure of your essay . There is no better way to begin an essay than like this. From this point on you will never be left scratching your head wondering what to write next. the remainder of the geography essay essay is merely a series of essay, PEE paragraphs that, point by us history point, argue the cyrus papers case for us history, what you have just stated. Each point (P) needs its own paragraph and to have support (E) from the text (either a quotation, or an explanation of some aspect of form or structure ) along with with an explanation (E) of cyrus papers, how the us history geography essay text brought you to such a view, the effects it created, the methods the author used to create the miranda effects and, finally, its relevance to the text, that is, the us history author's purposes . That's it. Done and dusted! More detail below if needed.
The secret of essay in apa style, a good essay? Make it an argument ! An effective essay is a piece of writing that makes a strong and well-supported case for a stated viewpoint . The view it makes the case for is your response to the essay title or question . You'll have arrived at after a couple of readings of the text, more if a poem, and one of which will be a so-called 'close-reading' when you annotate the text carefully in line with whatever the essay question asks, seeking out support as quotations or explanations of useful effects created by form and us history structure . So your essay starts with a clear statement of city university, your opinion . It could be something like, as an example: 'Shakespeare's theme of violence in Romeo and Juliet is us history geography, shown especially effectively through the opening scene, as well as through the characters of Mercutio and Tybalt and an analysis of these three dramatic aspects will form the essay jurisprudence theory basis of this essay.' The opening overview is sometimes called a thesis statement . The 'thesis' is your response, i.e. the heart of your 'argument'. It's what the essay goes on to explain and support to show that it is a view that is well - considered, based on geography essay the text and reasonable to hold . Essays are about formula a good statement opinions, not facts. This point is crucial to take on board. There is never a straightforward right answer to geography an essay q uestion or title. There are wrong answers, of course - caused through, for example, misinterpreting the text; but the 'answer' to an essay question will always be a point of view . Essays deal in opinions, not facts . This is why your teacher is looking to read your views and why you have come to think in this particular way. How do you arrive at a 'thesis' or overview? This is the tough part - there's no getting away from political theory that. Essay! Not least, this is because it puts to the test your knowledge of the miley rolling papers text and your understanding of the essay title or question . The good news is that when it's done and done well, the remainder of the essay becomes much more straightforward and far more interesting to write, perhaps even a little exciting! The Outline Structure for geography essay, an Effective Essay.
As already stated above, this first paragraph needs to open with a clearly stated summary of your whole 'answer' along with an equally brief summary of the in apa aspects of the text you'll be analysing to show your stated view is sound . It is these early sentences that provide the us history geography major 'signposts' that give your essay and its general direction. Importantly, you need to set a confident tone early on in the essay. This can be done by adding in a very few details to show you've grasped the text's big picture . This should be a brief comment (brevity is everything in the opening paragraph) on in apa style the major details of the essay story (poem or whatever) along with an equally brief statement of oklahoma city essay, any relevant context , (that is the situation you feel brought the writer to want to write their text, including key aspects of their social , cultural and literary contexts ). This will, though, always need to be focused on the needs of the essay question . Notice how you are constantly seeking to avoid waffle and generalised 'bolted on' comments ; instead, you need to keep all you write tightly focused on the needs of the essay title or question. This is the bulk of the essay. It is a series of paragraphs each introduced with a new clear important and wholly relevant point . Sadly, it's all too easy to geography open a in a way that inspires little confidence and waiting for godot samuel beckett which drifts from the essay question or argument. Avoid this by opening each and every paragraph in a way that is clearly and directly developing the essay's 'answer' or argument . If you started by stating the four-six aspects you'll be covering in your essay, then you'll have no difficulty knowing what to write in these body paragraphs. This is essay, where you restate, in beckett, a different form, your opening argument and give a brief list of the major points you have made along with a comment about the wider implications and relevance of what you have found.
It will help to think back to us history the imaginary classroom situation. What would follow on from the highly condensed 'answer' you gave to your teacher? Your teacher might say, 'Good, that's a fair view to bentham essay political hold - but why do you think that? Show me from the text itself what made you think that way.' In the written essay, you'll need to be providing a whole lot more 'evidence' mainly in us history geography essay, the form of quotations each one itself supported by a commentary derived from an analysis of the quotation's literary and linguistic content . However, with a central and guiding argument starting off and flowing through the entire essay, it now becomes much easier to formula thesis search the text for aspects and quotations that will provide good quality evidence to support the essay's points. Each point and supporting quotation needs to be followed by an analysis and comment . Some teachers call this the P.E.E. ( point example explanation ) or P.Q.C. ( point quotation comment ) system. This is needed to explain how and why the aspect of the geography essay text or the quotation 'works' within the context of the essay question and the originally stated argument. Certain key questions need to essay be answered concerning each quotation used: What techniques have been used to make the language of the geography essay quotation effective? This means discussing the writer's methods , e.g. through the creation of oklahoma city, realistic dialogue; the use of an effective metaphor; through vivid description; onomatopoeia; alliteration; effective stage directions, etc.
How does the method used affect the reader's understanding of the text and its themes (e.g. Us History! 'the effect of this passage is to create a sense of really being there for the reader. ')? Why was this method used (i.e. what was the writer's purpose )? E.g. 'At this point on the story the in apa author wants to gain the reader's attention in us history essay, order to begin exploring the overall theme of rolling papers for sale, injustice. ' MARK GRABBING TIP No. 1! Begin all of your paragraphs in such a way that it is absolutely clear you are focused on the essay question and its requirements, thus building up your overall argument. This will keep the essay on track and avoid the geography plague of poor essays: wandering, digression and waiting samuel essay waffle! What if your essay title isn't in the form of a question? When considered as a question, you will often find it is us history geography essay, easier to generate that all-important single main point of miranda, view to us history geography essay it - the main idea upon which you will then base the remainder of your essay . Here is an example of a main idea succinctly stated (i.e. thesis statement ) that could be used to create an argument essay from the above question: The remainder of city, this - or any other - essay must then be no more than a linked series of points with each point explained , developed and geography essay supported in a paragraph of its own . These points must all be directly related to the main idea you have already explained in the opening paragraph, which itself is your response to the essay title or question. Remember that each point - each paragraph - must set out to explain , develop and support some aspect of your over-riding main idea and oklahoma city admissions nothing more . In this example, the paragraph that follows the opening paragraph - the first of what is us history geography, called the body paragraphs of your essay - could be based on the point that the theme of ambition is essay, shown through what Macbeth and Lady Macbeth are given by Shakespeare to say and do in Act One of the play. The third paragraph of your essay - its second body paragraph - might then explore, develop and support how the theme of ambition is geography essay, shown through these two characters in some part of Act 2, and so on. Below you'll find lots more detail and ideas for writing an effective essay but with luck, the above will have given you the basic idea.
Aim to 'integrate' words or phrases from the miley papers text you are studying directly into your own sentences (still using quotation marks, of course). Don't overdo this effective technique, but used sparingly, this use of us history geography, 'embedded' quotations can help create a very impressive style, one that suggests you have a good grasp of the text and formula a good thesis statement the essay question. Here are some examples of us history, how to use embedded quotations. The first is from the opening of John Steinbeck's novel, 'Of Mice and Men': 'Small and beckett quick' George is geography essay, presented by Steinbeck as a character in complete contrast to his friend, the lumbering and 'shapeless' Lennie. Here is a similarly embedded quotation from J B Priestley's 'An Inspector Calls': As the Inspector says, 'We don't live alone' and this is an important message Priestley gives his audience. Finally, see how this can be done using John Agard's poem, 'Half-Caste': Perhaps Agard also wants his reader to 'come back tomorrow' with a different attitude towards those they might feel are in any way different from themselves. MORE TIPS AND MORE DETAIL! Essays take a great deal of effort and time and so deserve careful preparation. T he most common failing examiners find is waiting for godot samuel, a lack of understanding of the text on which the essay is us history, based.
This is to rolling take the road signpos ted 'Failure'. But you're heading elsewhere. So. get to us history essay know your text well. You won't succeed if you don't! I f you struggle with the text, read it through again with a study guide to for godot beckett essay hand. Also, talk the text over with friends or your teacher. There is more help with specific texts here . Many essay writers fail to create an initial main viewpoint or drift from this single focus. Us History! This loses marks as it leads to waffle , vagueness and for creating a good thesis statement generalisation . As you've read above, another common pitfall is to focus too much on us history the surface features of the text you are writing about.
This happens when you write at length about the miranda right meaning of the text, i.e. by geography telling what happens in oklahoma admissions essay, it. In effect, all you are doing when you do this is to retell the story of the text. You need to us history essay be discussing how and why the miley papers for sale author has created an geography, effective text through careful, interesting and effective choices of style and language as well as structure . M ore marks are lost if you forget the need to support the points you make in each paragraph. A good idea is to try to use at least one quotation - or reference to the text - per formula a good thesis, paragraph. Remember, too, that this is an English essay and this means you need to reflect how authors use language and literary techniques in effective ways in their writing . Aim only to choose quotations that contain important elements in them that will allow you to discuss in depth aspects of, for example, their literary style , language or structure.
Consider discussing, for example, how the quotation acts to build tension , mood , character , a sense of us history geography essay, place or how it helps explore one of the text's themes . Discuss, too, how the quotation works both at the point it occurs and as a contribution to the whole , i.e. the way it helps the writer achieve his or her purpose . This means you need to discuss aspects of the miranda quotation such as its effectiveness - which means discussing aspects of us history essay, language , structure and style . 1. DEVELOP A STRONG INITIAL FOCUS FOR YOUR ESSAY. The word 'essay' comes from a French word meaning 'attempt': your essay is your attempt to argue for for sale, your point of view , a view that when succinctly expressed is called a thesis statement . This 'thesis statement' needs to us history essay be an idea you developed based on an interpretation of whatever aspect of the text is miranda, asked in the essay question. Interpretation means considering how a text operates at different levels ; it is your interpretation of the text that will be at us history the heart of the essay: an interpretation that must supports the overall thesis statement. 2. Jurisprudence Political! FIND SOLID SUPPORT FOR YOUR VIEWPOINT. You will need to search through the text and note down a series of aspects and quotations that can be used to support the overall view you have developed. Use 'post-it notes' to help with this or write the aspects/quotations down separately. Choose aspects or quotations that you can analyse successfully for us history geography, the methods used , effects created and purpose intended . 3. University! WRITE AN EFFECTIVE OPENING PARAGRAPH. Use your introductory paragraph to state your point of view , i.e. your thesis statement. The purpose of your opening paragraph is to make clear your thesis statement - response to the essay question: that is, to explain the focus of your argument - your main idea or point of view. Stated clearly at the opening to your essay, this shows how you intend to answer the essay question and what general direction your essay will take. Following your thesis statement, it's a good idea to add a little more detail that acts to 'preview' each of the major points that you will cover in the body of the essay.
This opening paragraph will then act to us history geography show - succinctly - where you stand regarding the city admissions questions and how you intend to answer it. Importantly, in us history geography essay, the opening paragraph of your essay you will also need to write an overview of the text, one that gives a succinct summary of the ' big picture ' of the text; importantly, too, of course, this must be focused on the requirements of the jurisprudence theory essay question. Giving a succinct account of the big picture of the text in the opening paragraph will show that you have engaged with and digested the detail of three key aspects of the essay: the geography essay question, the text and admissions its author - perhaps also, a brief account of the author's context . Giving an overview suggests a confident approach and is a hallmark of the best essays. TIP: It is always impressive to incorporate into your own sentences, using quotation marks of course, a short suitable quotation taken from the text. Some teachers call this using embedded quotations.
Keep all references to the biographical background of the author and any aspects of his or her context entirely relevant to the essay question and - brief! Remember that this is not a history or a sociology essay so very few marks are awarded for this kind of background information (although that does not mean it might not be useful). The majority of geography, marks in an English essay are awarded for the quality of analysis and interpretation you show - that is, an essay in apa style, awareness of the author's uses of the us history geography essay English language and literary uses of this. If your essay title does concern aspects of context try hard to discuss context by deriving your comments from quotations rather than by merely discussing aspects of oklahoma city university, context; in other words allow the text to introduce the context. TIP: avoid making simplistic and irrelevant value judgments of the text or its author. Saying that Shakespeare is 'a wonderful author' or that you think 'Of Mice and Men' is 'really good' will gain no marks whatsoever - this is no more than a kind of waffle that fills space with empty words that add nothing useful to your essay. 4. USE THE REMAINING PARAGRAPHS EFFECTIVELY. Follow the opening paragraph with a number of paragraphs that form the 'body' of the essay.
Each of these paragraphs are there purely to us history essay expand on and support your originally stated overall viewpoint. Having stated your main idea in your opening paragraph, now you need explore this, develop it and provide support from the text for this. In the essay's body paragraphs your aim is to: follow the analysis system called P.E.E. or P.Q.C. For more on this see here ; work through the text's structure logically and, highlighting via the use of style, quotations, explain how these led you to develop your point of view; comment on how the geography essay language of each of these parts led you to form your interpretation: why did the beckett essay author choose this particular type of language to make this point in this way? How does it help a) the audience and b) the writer's purpose or theme ? discuss how this individual part of the text forms a useful structural part of the text by geography essay leading the reader towards an overall understanding of the essay in apa themes, messages or purposes of the text;
CRUCIALLY. each paragraph needs to develop a separate and individual point - one that will help to show how different parts and aspects of the essay text helped you develop your interpretation and viewpoint (this is the POINT part of P.E.E.); A useful tip is to open each paragraph with a topic sentence . Formula! This is a sentence that clearly makes a point that is developing your argument - your answer to the essay question - and, because it is, therefore, clearly focused on the essay question, it will keep your writing on track; Always aim to provide support for each of the points you make by referring directly to essay the text (this is the essay EXAMPLE part of essay, P.E.E.). You normally do this by quoting briefly from a relevant part of the for creating a good text but you might choose to describe an event. It's very important NOT to write a long description of essay, WHAT happens. If you do you are merely 'retelling the waiting samuel essay story' - this loses many marks.
In a play you also lose marks if you do not discuss aspects of the staging and stage action. You will need to geography follow each quotation with an cyrus rolling papers for sale, explanation of and geography a discussion on aspects of the language the author used in the quotation; this means discussing, for example, how aspects of the quotations literary, poetic or dramatic language works, including mentioning the method the writer used, the effect the language creates and waiting for godot samuel beckett the reasons this might have been done (this is the EXPLAIN part of P.E.E). You should also aim to show how the quotation helped you develop your overall interpretation of the essay text (this is also the EXPLAIN part of P.E.E). 5. CREATE A LOGICAL STRUCTURE. Always work in a clear way through the essay text, from beginning to geography essay end. Avoid starting your essay by discussing a point that occurs half way through your text: ALWAYS begin at the beginning! Many students begin discussing a text half way through or even near the end then go back to an earlier point. This ignores the work the writer puts in to develop an effective structure to their text - and loses marks!
6. In Apa! CONCLUDE EFFECTIVELY. The conclusion to geography essay an essay is important but causes problems for many students. Essay Miranda Right! It should leave your reader with a pleasant and logical sense of 'closure' - a 'wrapping up' of the main ideas behind the essay . 1. Re-state in a different form (using rather different words) your opening argument. 2. Now bring together your main points (again, avoiding simple repetition of the same words): list or summarise the main points from the us history geography essay preceding paragraphs (use the topic sentences from each paragraph to give you an university, idea). 3. End by identifying some of the wider implications and us history geography essay relevance that arise from what you have found and explored. The conclusion should consist of essay jurisprudence political, just a few sentences but these will need to be made to sound convincing and us history geography authoritative . It's crucial to keep the conclusion brief and to the point and, above all else, to miranda right introduce no new material at all. ALWAYS WRITE ANALYTICALLY , NEVER DESCRIPTIVELY. Here is an example of how many students go wrong; don't worry, you won't - but this is a very common mistake: In William Shakespeare's play, 'Romeo and Juliet', these are the geography first two lines of the 'Prologue' as spoken by 'The Chorus': 'Two households, both alike in dignity, In fair Verona, where we lay our scene. ' What follows is a typical 'retelling': an 'overview' or 'translation' that gains no marks : 'Here, Shakespeare is saying that the play is set in Verona where there are two dignified families.' Compare the above 'description' with this analytical and insightful interpretation : 'The opening lines of the beckett essay Prologue are important because they paint a picture for the audience of what could and should be - fairness and dignity.
These words set up a powerful contrast to what is: the violence, hatred and us history geography bloodshed shown in the coming scene. It will be against oklahoma essay, this violent backdrop that the geography pure love of for godot essay, Romeo and Juliet will have to struggle.' Which approach and geography style would gain the higher mark? STUCK FOR WHAT TO WRITE ABOUT? THERE ARE FOUR KEY ASPECTS THAT APPLY TO ALL TEXTS AND WHICH SHOULD FORM THE BASIS OF ANY LITERATURE ESSAY.
FORM, CONTENT, STRUCTURE AND STYLE. This is so very often ignored despite the fact that it provides the basis for the very best essays because it provides a subtle response. And subtlety always receives the highest marks ! When you write about a text at the level of its form , you analyse how aspects of it other than the meaning of its language have been used by the writer in important and effective ways. To give you an idea of the importance of form to statement a text, you yourself make use of the geography essay form of language when you speak loudly or softly , or when you chat or text a friend and use CAPS LOCK. Also, when you create short or long sentences or paragraphs you are affecting the look - the form - of your writing. This, albeit subtly, affects the way the writing is received and interpreted. A novelist makes use of city university admissions essay, form by writing in sentences and paragraphs of varying lengths (you can imagine the effect a very short sentence, or a one-line paragraph, for example). The use of dialogue (spoken words shown inside speech marks) is us history geography, also an effective use of form, as is the use of underlining , bold or italics - or, in non-fiction texts, the inclusion of bullet points or sections. Poets are acutely aware of and very creative with the use of form. A poet makes use of form, for example, by essay right consciously splitting up sentences into the lines of poetry . This allows the poet to exaggerate a particular word by placing it at the end of geography essay, a line, or by rhyming it with a similar sounding word. A non-fiction writer makes use of for godot beckett essay, form by using layout and appearance and by adding illustrations and photographs , and so on.
All writers use form by using patterns of sound , such as by using alliteration , rhyme , rhythm , onomatopoeia , assonance and so on. A playwright, of us history geography essay, course, uses form very differently. When your essay concerns a play, therefore, you'll definitely be losing marks if you ignore aspects of form. Oklahoma Admissions Essay! In a play, much of the 'meaning' is created not from language but from what you see happening on the stage - the staging and stage action. This includes not just what the actors do but what they wear , where they stand and so on essay - all potentially important formal aspects of the play that should find their way onto your essay. Form is always worthy of comment when (but only when ) if it adds usefully to the meaning, i.e. the content of a text.
Every word and phrase has a literal meaning . This is its basic dictionary meaning. Waiting Essay! It's sometimes called a word's denotation . E.g. Essay! 'In this story, the author's detailed description of darkness denotes the coming on of a storm'. This is a way of 'playing' around with a word's meaning that makes writing more vivid , emotional and interesting . Words and phrases can be used differently from essay jurisprudence their literal context and geography given what is called a connotation . Using connotation or figurative language , a writer can introduce layers of meaning - especially emotional meaning (don't forget that many words can create both meaning and feeling ). The most common way this is done is to waiting samuel essay use a word not for geography, its literal meaning but for its metaphorical or figurative meaning. City University Essay! Another way is to use a word that acts as symbolically and represents something very different from its literal meaning. E.g. 'As well as suggesting the coming of a storm, the darkness also acts to suggest a metaphorical darkness is taking over the character's mind. In this way the darkness seems to be symbolising a kind of evil'. Using a pun - a witty play on words - is another way that meaning can be played with in an interesting way. Punning works because some words, in a certain context, can have an ambiguous meaning - two possible meanings - one of which might be humorous. Irony is a key way that writers use to create layers of meaning. Sarcasm is irony, but this is us history essay, a spoken form of irony that is intended to hurt someone's feelings by ridiculing some aspect of them. Miley Rolling Papers! It's a crude, easy kind of irony not really subtle enough for us history geography essay, writing.
Irony is usually subtle , sophisticated , edgy and witty ; an altogether more intelligent use of language. But irony can also be difficult to recognise - yet it is probably true to say that irony is one of the thesis statement most common means by which a sophisticated writer creates layers of meaning in essay, a text . Irony works because when it is recognised, it engages the reader very much more closely with the text. This is because, rather like solving a puzzle, there is a real enjoyment and satisfaction in unpicking the various levels of meaning created by the irony. Creating an 'ironic tone of voice' in essay in apa style, writing is much harder than in speech because the original sound of voice and facial expression or body language of the speaker are absent. To create an us history, ironic tone (or any tone, for samuel beckett essay, that matter), words have to be chosen with great care. Geography Essay! It is a key reading skill to be able to detect this as it tells you what attitude the writer is taking towards their subject matter. An example of irony occurs in an old story by O. Waiting For Godot Samuel Beckett Essay! Henry called 'The Gift of the Magi'. This story of poor young lovers ends with the boyfriend selling the one thing he owns of value, his pocket watch, in us history geography essay, order to buy his girlfriend an oklahoma city university essay, expensive hair comb; equally secretly, she has all of her long hair cut off to sell to a wig maker so she can afford to buy him. a chain for his watch. Structure is the way a writer consciously 'shapes' a piece of writing in us history geography, an attempt to theory make it as effective as possible for their audience and their purpose.
It is important to comment on the structure of a text, e.g. 'The way the author slowly builds up the us history tension throughout this chapter helps create a feeling of real excitement and samuel essay mystery'. Style is the way a writer or speaker consciously chooses language and language features to suit a particular audience to achieve a specific purpose . Us History Geography Essay! When you aim to convince your mum that Friday's party cannot be missed, you will consciously adapt your style to one that is more emotional and persuasive! Some famous writers have a particular style of their own that is quickly recognisable. John Steinbeck, Charles Dickens and William Wordsworth are three such writers - here, a writer's individual style is sometimes referred to as the writer's 'voice'. Your primary job when analysing and discussing a text is to comment on in apa style its style - on what are called the stylistic or language choices its writer has made, especially those that seem to you to have been chosen to create a particular effect to achieve a certain purpose. So. Us History Geography Essay! if you are commenting on the form and essay theory content of a writer's language, you are commenting on the writer's style . COMPARING TWO OR MORE TEXTS. Even though it's a central part of the mark scheme, and always made clear in essay, the essay question or title, each year many students still manage to write their comparison exam answer or coursework essay and forget to compare and contrast the texts . Aside from not knowing the texts sufficiently well, failing to compare and contrast is the number one reason marks are lost in for godot beckett, this kind of essay. When writing about more than one text, your opening paragraph should be used to give the briefest details of each text (i.e. your writing needs to be succinct !).
This will mean being even more careful and sparing when you write an overview of each text, in geography, which you give the big picture . There are two methods you can consider using when comparing texts: 1) Write about the first text fully before moving on to the second - still using the essay political theory techniques outlined above; but when you go on to write about the second text, you must compare and contrast it with the first. 2) Alternatively, and this makes the most sense when thinking about the argument essay, you write about both texts as you proceed . This allows you still, as shown above, to create a central argument , one in which examples to geography support the points are taken from one or both texts as relevant to the point. This second method is the waiting for godot samuel more complex and sophisticated of the two.
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Flaws of the Hawthorne Effect Essay. Let’s begin with an example. A golfer attempts to hit a ball into a hole in as few strokes as possible. After each stroke, the us history golfer hopes, the ball will be nearer the hole, until (at last) on the final shot, the ball disappears with a satisfying rattle into the plastic cup liner. The goal has been met. But what does that mean? How well was the in apa style goal met? Was it met in geography essay exemplary fashion or merely in a satisfactory manner? One measure is the number of university essay strokes required. Assuming another player is competing, scores can be compared in order to evaluate relative performance.
Without a norming score, however, goal attainment remains somewhat undefined in terms of level of achievement. Fortunately, golf has a norming score–par-so even a single golfer can be evaluated versus expected results. Geography. Golf can be taught and played in several ways. Which is the best method? How can one evaluate these methods? Perhaps comparing the performance of formula for creating thesis statement those who adhere to us history each method will provide a relative measure of which is most productive. Evaluation of bentham essay political theory these results can help golfers and instructors make informed decisions about which method to employ. Geography Essay. A direct relationship exists between this example and safety program evaluation.
A safety program is oklahoma university essay individually measured using a variety of tools. These measures, such as injury frequency rates, can be used in comparison with normalized (or group) measures to essay evaluate how a program is miley cyrus papers progressing toward a prescribed level of performance. Furthermore, program activities used to improve performance can be evaluated by comparing various measures of those activities. Hence, the evaluation process can be used to make informed decisions about safety program effectiveness. Without such a process, however, attainment of geography essay numerical safety goals may lack meaningful context. Rolling Papers. Hopkins and Antes describe traditional uses of the results of educational measurement and geography evaluation. “Educational evaluation takes the output of measurement and waiting beckett essay other pertinent information to form judgments based on the information collected.
These judgments are the basis for decisions about students as individuals, and decisions about the effectiveness of school programs” (Hopkins and Antes 34). They conclude, “Improvement of the teacher’s teaching and the student’s learning through judgments using available information is the ultimate function of the evaluation process” (Hopkins and us history essay Antes 31). Similar things can be said about evaluating safety program effectiveness. That is, information collected about the various activities associated with a safety program should form the basis for decisions made to improve safety performance. Evaluation is based on information collected. Data collection can be achieved via many methods. Observation is one. Essay. Observations may be recorded or unrecorded. Unrecorded observations are usually taken and interpreted quickly, may be acted on immediately or mentally noted for future use. However, mental notation can cause loss or improper reconstruction of evaluation information (Hopkins and Antes 71).
Procedures for direct observation include checklists, unobtrusive observations, scorecards, anecdotal records, rating scales and geography essay mechanical instruments. Via checklists, observations of specific behaviors can be quickly tallied. Unobtrusive observations are conducted so that the worker does not know she is being observed, which can eliminate any impact the observation process itself may have on behavior. Scorecards are similar to checklists, but apply a weighting scheme to the behaviors being observed. Anecdotal records are informal reports of observed behavior; they may lend themselves to unwanted judgment and evaluation instead of simple recording of fact, however. Rating scales can be used to collect information about intensity or degree in relation to the observation (Hopkins and Antes 78-96). Traditionally accepted, quantitative safety program metrics, such as accident and injury frequency rates, are designed to measure specific achievement and in apa style gather data needed for evaluation. Results from essay, all program activities are used to evaluate safety program performance. Bottom line: Information-collection techniques must be designed to prevent an cyrus for sale, evaluator’s personal biases from influencing how results are recorded or considered.
FLAWS IN THE The following discussion examines potential pitfalls for the safety program evaluator. Although described in terms of evaluating individual performance, these problems apply to safety program evaluation as well. Us History. The evaluator should not allow preconceived impressions of personnel or events (associated with a particular program, past performance or attainment of specific performance measures) to cloud objective judgment. Safety program evaluation takes time and resources. Thus, this process should be performed so that the essay end result is accurate, useful information. The Halo Effect The Halo Effect is one potential evaluation pitfall. According to Kirkpatrick, who describes the effect as it relates to geography the workplace and employee performance evaluation, the Halo Effect is essay right a tendency to overrate the essay person being observed. This concept can be applied to safety program evaluation as well. Kirkpatrick lists seven reasons why this effect occurs. 1. A person’s past good performance leads one to expect continued good performance, and the assumption of good performance carries over to future evaluations (Effect of Past Record). 2. An evaluator tends to essay miranda right rate a person who is pleasing in personality and character, agreeable and otherwise compatible higher than performance may justify. . Recent outstanding behavior can overshadow much longer periods of lesser-quality performance (Effect of Recency).
4. A person with an asset deemed important by geography, the observer, although it may be irrelevant, may receive a higherthan-justifiable rating. 5. In Apa. A rater may overlook a bad or undesirable trait if she also possesses that trait (Blind-Spot Effect). 6. A person may be judged by his/her potential instead of actual measured performance (High Potential Effect). 7. A person who never complains tends to be evaluated in a positive light (Kirkpatrick 46). The Hams Effect. The Horns Effect is the reverse of the Halo Effect in that evaluations tend to be lower than deserved. Kirkpatrick offers eight causes for this effect. 1. The evaluator may have high expectations that are not easily met.
2. An evaluator tends to give someone who frequently disagrees or appears to geography be overly argumentative a lower rating. Thesis Statement. 3. Us History Geography. A nonconformist is usually rated lower than deserved simply because she is essay miranda different (Oddball Effect). 4. Poor group performance often leads to geography essay lower evaluation of all group members, even if one member has outstanding individual performance. . People are evaluated the same way as those whose company they keep (Guilt-By-Association Effect). 6. A recent mistake can overshadow months of good performance (DramaticIncident Effect). 7. Style. An evaluator may associate some character trait (i. e. , aggressiveness, arrogance, passivity) with poor performance and give a lower-than-justified rate to someone who has that trait (PersonalityTrait Effect). 8. An evaluator may give a lower-thanjustified rate to a person who performs a task differently than the evaluator would (Self-Comparison Effect).
Controlling These Effects Kirkpatrick attributes these flaws to vague standards and maintains that effectively established standards of us history performance can reduce or eliminate their impact (Kirkpatrick 46-47). The information-gathering method and process also play key roles in miley cyrus papers eliminating these effects. Geography. As stated, anecdotal records that rely on memory can easily lead to inappropriate evaluation. Thus, a safety program evaluator must make sure that personal associations and bentham essay jurisprudence theory experiences do not influence his/her judgment. Several data collection methods can help prevent subjective judgments. For example, the critical incident method is a three-step process that involves data collection, data summary and analysis, and feedback. Geography Essay. Developed by J. C. Flanagan, this technique uses recorded observations of specific behaviors that are judged to for creating a good thesis be critical to us history geography good or poor performance.
These behaviors are carefully defined for the workplace situation and recorded simply as effective or ineffective behavior. Interpretive instructions (provided in oklahoma university essay a manual) help evaluators make appropriate judgments. This technique could be easily applied to specific, observable worker behaviors, provided specific objectives of evaluation are defined. Time, event and us history trait sampling are also methods of collecting evaluation data. Time sampling involves specifically timed observations that, over time, might be expected to essay jurisprudence provide a good representation of total performance. Event sampling is essay like Flanagan’s critical incident method in that events deemed to represent specific performance characteristics are recorded as they are observed. Formula For Creating Statement. Trait sampling is similar to event sampling except that specific behaviors are recorded (Hopkins and Antes 91-93).
Such techniques can help ensure collection of objective data. An evaluator’s knowledge of the geography essay various facets of the Halo and beckett essay Horns effects can also help alleviate these problems. Us History Essay. The evaluator must learn to ask whether either of these effects is essay miranda influencing his/her judgment and make adjustments if necessary. An evaluator who uses objective data-collection techniques and consciously avoids making Halos/Horns judgments will produce more-accurate evaluations that, in turn, will lead to essay better decisions. City University Essay. Hopkins and essay Antes suggest teaching evaluators about these effects in order to improve objectivity.
The Illumination Experiments In the oklahoma university admissions essay 1920s, a group of engineers at us history geography Western Electric examined the effect of formula illumination on work performance. The researchers established an us history, experiment room and a control room, controlled various conditions and introduced changes one at a time. Much to the engineers’ dismay, the results were confounding. No matter how illumination changed (increased or decreased), production improved in the experiment room. Waiting For Godot Samuel Beckett. Although no changes were implemented in essay the control room, production increased there as well. These results indicated the need to record not only the details of the physical changes made, but also the physiological, medical and social changes occurring (Mayo 80). Following these experiments, Mayo initiated the Hawthorne Experiments, which were conducted in three phases: Relay Assembly Test Room, Interviews and Bank Wiring Observation Room. Relay Assembly Test Room In the in apa style Relay Assembly Test Room, various regimes of essay workday length, payment schemes, break length and scheduling, work week and return to non-experimental conditions were evaluated. In all cases, productivity increased from previous levels. In fact, the greatest rise actually occurred upon return to non-experimental conditions.
Mayo attributed this result to “… six individuals working wholeheartedly as a team, without coercion from above or limitation from below” (Mayo 78). Interviews In the Interviews phase, company officers attempted to learn things (possibly) missed during the previous experiments. Miranda. During the us history geography essay interviews, employees were allowed to talk without questioning or interruption. Some 20,000 employees were interviewed over several years. Waiting For Godot Samuel. The result was a feeling of well-being among employees; the us history geography interview process had been a sort of emotional release. It became clear that communication is valuable to employee well-being (Mayo 82).
Bank Wiring Room The third phase was conducted in the Bank Wiring Observation Room. Changes introduced to waiting for godot samuel improve production had the opposite us history geography essay effect of those implemented in the Relay Assembly Test Room. Social pressure within this group kept production at formula thesis a constant level (although some workers occasionally produced extra units to cover others’ shortfalls). However, if a worker tried to exceed the constant level in order to increase production, she was punished by others within the group. This process, called “binging,” involved a physical hit on the arm of the “offender” by an “enforcer” (Roethlisberger and Dickson 422). The Hawthorne Effect Thanks to geography essay these experiments, the term “Hawthorne Effect” was coined. Kanter describes this effect as a result of the miley rolling Relay Assembly Test Room, where productivity increased no matter what changes were introduced. Essay. “In one experiment, a team of bentham jurisprudence theory women workers was given a separate work area where their production would be measured while a variety of environmental conditions, such as lighting and rest breaks, were varied. Productivity tended to [increase] regardless of the changes that were made to physical conditions. “One conclusion was that being singled out to be in a high-visibility experiment was highly motivating in and of itself; calling this the Hawthorne Effect was, in part, a way of essay dismissing the claims made by bentham essay political, new ‘human relations’ programs, arguing instead that any change involving [some] increased management attention and special treatment would have positive effects for a little while” (Kanter 409).
Kanter simplifies this explanation, saying it was due to “the excitement of getting involved and making an impact” (Kanter 242). Controlling the us history essay Hawthorne Effect The key message is essay that, when evaluating a safety program, one must make sure the mere process of being evaluated is not the reason a measured characteristic changes from baseline measurements. If this occurs, data collected and behaviors observed may be misleading. Or, if, for us history geography essay, example, several workers-are told they have been chosen to essay political theory test a new safety-related process, will institution of the process itself lead to geography essay better performance, or will the workers be motivated to perform simply due to their participation in the experience? To minimize this effect, control groups should be established.
By having two groups “participate” in the activity, the true effect of the different stimuli can be better determined. For example, Latham and Locke discussed an experiment through which a wood products company attempted to examine the value of goalsetting as it relates to essay increased production. One work crew was selected to strive toward specific production goals, while another crew, a control group, was told the experiment was designed to us history geography assess the effect of absenteeism on production (Latham and Locke 400-401). “To control for the Hawthorne Effect, we made an equal number of visits to the control group and the training group” (Latham and Locke 401). In other words, both groups received equal attention, so both had similar reason to be motivated by participation. A Good. Result: Test group was more successful than control group. University/College: University of California. Type of paper: Thesis/Dissertation Chapter. Date: 24 February 2017. Let us write you a custom essay sample on Flaws of the Hawthorne Effect. for only $16.38 $13.9/page.
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