Sherlock holmes essays

Book Review: Getting Things Done David Allen. The Author, with his copy of Getting Things Done. It is 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 essays many busy, productive people: there are GTD groupies all over the world. I am one of them, and ethical decision essay I know some other graduate students who find it helpful, as well.

Developing a productivity strategy is one of the sherlock holmes 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 learning how I best do my work. Finding a system to organize what has to be done is kaliplari, part of that, and GTD has played a big role in figuring that out. GTD focuses on 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 holmes essays, a logical and homework help calculus trusted system outside of your head and off your mind#8221;. I#8217;m going to sherlock holmes walk through a couple of Allen#8217;s primary tips to give you an idea about what this means#8230;and then encourage you to ethical making go buy this book and read it all the way through. He does a better job than I. Capture is really critical, since the holmes essays primary idea of cultures essay GTD is to clear your mind of any and all the things you feel like you have to do. Allen rightly notes that most of sherlock us waste a lot of brain power thinking about what we have to making essay do now, and what we have to do next, and what we#8217;d really like to do in the future. Capturing these things into an organized system removes them from your brain, and puts them in a place where you can deal with them when the essays time is right . Allen suggests creating an Inbox: this is where you empty your head of any and every thing you have to do or want to get done. 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 tools to add things to my #8220;inbox#8221;.

Evernote is used to capture ideas as they happen (typically at homework help calculus moments when I can#8217;t do anything about them). I also use OmniFocus, an application for mac, iPhone, and holmes iPad, that was developed for GTD, to different cultures essay capture to do items. I also have a physical Inbox for the non-digital items that need to holmes get done, such as bills or things that need to be filed, or paper notes I jot down. By capturing them, I know that I can retrieve them and homework help review (see below) them later. I haven#8217;t lost them, but I don#8217;t have to deal with them now. Sherlock Essays. Once a week, I sit down and go through my Inbox, and begin the from different cultures next step of sherlock essays 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 abstract make a decision about what your actual commitment is to sherlock 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 the wrong place to do it? Then create a project folder for homework help it, and holmes essays establish what the homework help calculus 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 next action is to 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 holmes it. Sometimes, releasing a project or task can be the most freeing part of the whole process. One thing Allen points out that also helps to clara university free your mind is the essays idea of toefl essay context: there are some tasks you can#8217;t complete because of the environment you happen to be occupying at sherlock holmes essays 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 toefl essay pick up those items that have been there for two weeks. Do you only have 15 available minutes between a meeting and sherlock essays your next class? Probably not a good time to try to pound out that theory chapter. But it probably is a good time to send that email to your colleague, or call your doctor to make an appointment. Context helps us free space in our minds because it makes us realize that we can#8217;t always work on something all the time: the environment we#8217;re currently in might not allow it. Ethical Decision Process. This helps reduce the stress significantly. Projects and Next Actions.

Identifying what is a project and holmes what is an action is a critical part of the fair GTD system. For Allen, a project is anything that can be divided into more than one action, while actions exist in the smallest denomination. Sherlock Holmes. So, #8220;Write Dissertation#8221; is a project. #8220;read journal article#8221; is an essay kaliplari, action (unless you don#8217;t currently have that article, in essays which case it might be a project that includes the santa application steps #8220;go to library#8221; or #8220;look up article on JSTOR#8221;). Sherlock Essays. A project, therefore, is made up of a number of actions. So, when I#8217;m organizing my list of decision making essay 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 sherlock 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 one of the most important steps: most things don#8217;t get done because no one has established what the next thing to do is going to be.

Think about your dissertation. What#8217;s the next thing you have to do to essay get done? If you answered, #8220;write chapter 3#8221;, think again: that#8217;s not a next action. That#8217;s a project. Review is 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. Sherlock. Once a year, however, is not good enough: things change to quickly. My review day is Sunday. I set a couple of 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 what I want to accomplish each day of the following week. Review is critical because the toefl essay kaliplari fact is you may have outlined a series of actions for essays 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 essay checking on all of your projects. That way, nothing slips through the cracks. This is 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 action. Sherlock. 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 a number of different ways, some of which I am sure I#8217;ll share down the line. Esl Narrative. In the meantime, be sure to invest in holmes essays this great book, and start Getting Things Done. [Image provided by Ashleigh Heck and used under Creative Commons License]

LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the �A� essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in sherlock essays place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns�finally�to learn/think as a reasonable facsimile of homework help calculus, a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed �� the tools to confidently tackle exams in a methodical way. � Jan Court, Univ Texas '00. Just knowing you have a plan �� i.e., the steps �� keeps you from worrying about panic. �� Rob Goldbaum, U. Chicago '92.

3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is holmes, essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. Decision Making! The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is holmes essays, typically little time to essay, refer to aids. Open or closed book, the law you need to know should be in holmes essays your head. Some professors offer take home exams, which may have 8-24 hour time limits, and homework limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Sherlock Holmes! Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the kaliplari grading policies and practices of individual professors.

There follow three examples of sherlock holmes essays, essay hypotheticals selected from among the eight in the appendix of the university application LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to holmes, relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per santa issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. Holmes Essays! 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 identify all issues lurking in the fact pattern; you don't know how to santa essay application, analyze as a lawyer; and sherlock holmes essays you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by ethical decision essay question(s)/instruction(s) that in effect require you to essays, identify or spot the legal issues that would be of help, interest to a judge or lawyer. You must then resolve those issues, bringing to sherlock essays, bear relevant law and science fair paper 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 taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is holmes, why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in toefl essay any subject, no matter the question(s)/instruction(s) posed by sherlock holmes 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 help calculus phone: Not the sherlock holmes most graceful move in the world, Morris. Process Essay! 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. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in sherlock holmes essays the world. Different Cultures Essay! At which point Coris determined to sue Setter personally, as well as the sherlock 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. Essay! (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for essays, Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the calculus following events and motions: 1 �� OFU, Inc. and Setter moved for a change of sherlock essays, 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. Homework Calculus! [So-called nail and mail service.] 3 �� Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the holmes essays complaint, interposed affirmative defenses, and esl narrative essay otherwise defended against the action. Only later during an appeal did he assert lack of holmes, personal jurisdiction as a defense. 4 �� OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 �� OFU, Inc. requested an admission from poems cultures, Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 �� Following a directed verdict during trial dismissing her cause of sherlock holmes essays, action for destruction of the racquet, Doris immediately instituted a claim for from different cultures, damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of law respecting the issues raised in the above.

Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) �� Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses �� A confidential communication between husband and wife is privileged against disclosure by either spouse or by sherlock essays a third person (e.g., an fair, eavesdropper). Personal Jurisdiction �� Generally, in order to determine the rights and duties of parties to an action, and to essays, bind the parties personally to making essay, 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 essays personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is homework calculus, entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at sherlock holmes the defendant's last known address, and also mailing a copy of same by clara essay regular mail to said address (so-called nail and mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of holmes, 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 personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission �� A request for admission imposes a duty on the party served to acknowledge the homework help existence of facts that are not in sherlock essays doubt and that should not be necessary to abstract, prove at trial.

The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to sherlock, an abstract statement of poems from comparison essay, law (e.g., that allowing a minor without a license to holmes, drive is negligent, per se). Res Judicata �� Doctrine that for reasons of economy, prevention of harassment, and essay 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 sherlock, a claim or cause of action precludes reassertion of that claim or cause of ethical decision, action in a subsequent suit. Venue �� Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to sherlock essays, trial where it would be burdensome for homework, him to appear and defend (policy!).

Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the holmes action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview �� Six distinct events/motions. Ethical Decision Making Process Essay! Perform Steps One, Two, and Three (The Blender) on sherlock holmes essays, each is my initial perspective on how to proceed. [Always the decision essay Steps, always the Steps �� a constant way of thinking.] Step One �� [Conflict pairings and party objective(s) for each of the six events/motions.]

The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. Essays! However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in essay kaliplari nature. In the essays 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 clara university application, personal jurisdiction defense ruled moot vs. Sherlock Holmes Essays! exists and making process viable. 4 = Preclude disclosure of overheard conversation vs. Essays! have it ruled discoverable. 5 = Have fact admitted vs. not admitted.

6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the ethical decision making Steps to essays, all six, from making process essay, this point on I shall work on each question to sherlock, completion before going on to the next .] Step Two �� [Consider each pairing, party, and santa clara essay objective. Cull facts (and course outline) for sherlock holmes, relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and essay kaliplari footnote, page 104.) 2 = Nail and sherlock mail service vs. Santa Application! due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . Holmes! . 6.] 3 = Rule re lack of personal jurisdiction and grounds for from cultures essay, waiver thereof overrides.

4 = Rule re discovery of spousal communication overrides. 5 = Requests for sherlock holmes essays, 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 each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an science project research, independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion �� No overlap of sherlock, discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. Clara University Essay Application! The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.

However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in holmes the county where the action arose. Calculus! 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 Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.

It is sherlock, hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and homework help 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 serve the holmes essays defendant at help calculus home or leave the essays summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of decision making process essay, due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served.

Nevertheless, he appeared, answered the complaint, defended in sherlock holmes the action, and at no time prior to appeal claimed lack of fair project research paper abstract, personal jurisdiction. Arguably, raising the claim on appeal is after trial. Sherlock Holmes! However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. Essay! [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and sherlock holmes essays is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Esl Narrative Essay! Confidential normally implies private or secret. [Add clarification, or law, where needed, and essays 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 santa university essay application, sue, her statement in holmes the context of remarks about dinner and fair research paper a hot tub seems merely casual. Sherlock Essays! [Analysis.] Conclusion : The motion will fail. Santa Application! The conversation with the husband was not confidential, and sherlock holmes 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 poems different comparison doubt and that should not be necessary to essays, prove at essay kaliplari trial. However, inter alia, it is not proper to request an admission to sherlock holmes, an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in santa clara essay that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the sherlock holmes essays 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 abstract, action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in sherlock the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits.

Conclusion : The action in homework calculus small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and sherlock holmes essays other off-the-road vehicles, quickly prospered and poems different cultures comparison essay went public. Sherlock Essays! Between 1999, when 100,000 shares were first sold over essay, the counter, and 2001 the sherlock holmes essays total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to ethical making essay, forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the essays outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the fair abstract RIPCORP minutes and other records relating to the ski resort venture.

When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on holmes essays, 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 project abstract the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on essays, the board of directors, and failure to state a cause of action. 2) RIPCORP moved in santa clara application the alternative that the court require Meddle to post $25,000 security for sherlock essays, costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions.

How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts �� Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and toefl essay kaliplari powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the holmes state to enjoin such activities; 3) the right of the abstract 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 proper. A shareholder may examine the stock book and sherlock essays minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the different comparison essay demand; or 2) he is a holder of 5 percent of sherlock holmes essays, 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 esl narrative essay favor of the corporation. The latter derivative action may be maintained only holmes essays if 1) the plaintiff is a shareholder when the action is homework, brought; 2) the holmes essays plaintiff was a shareholder when the essay alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at essays least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification �� Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in essay settlement thereof.

The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to sherlock essays, have violated his fiduciary duty of 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 the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview �� The three motions referred to sherlock essays, by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over help, the facts.] Step One �� Conflict pairing(s) : [A quick review of the sherlock holmes motions in homework 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. However, the objectives relevant to a Step One analysis and the question are implied in sherlock the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).

Whether the ultimate objectives will be achieved depends upon clara essay resolution of the motions.] 1) dismiss the sherlock essays 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 help, same. Step Two �� [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of sherlock holmes essays, each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for science, purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit.

Step Three �� [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for holmes, a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Science Project Research Paper! Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion �� No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of sherlock holmes, action. Generally, a shareholder may sue the toefl essay corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in sherlock holmes common law and kaliplari statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of holmes, 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 santa university essay, any class of shares. Holmes! However, she has been a stockholder of poems different, record since the holmes initial offering, over two years prior. So-called ultra vires acts �� acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the toefl essay kaliplari corporation, but performed in holmes an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for fair project abstract, off-road vehicles, the sherlock Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for calculus, 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). Sherlock! The Bottomline brothers are named in toefl essay kaliplari 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 holmes, derivative actions without merit being brought merely for 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 forty million dollars, or approximately $40,000. However, M has been a shareholder since the esl narrative essay very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the sherlock holmes 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 poems from different the corporation or a derivative action, or for amounts paid in settlement thereof. Sherlock Holmes Essays! The director may, however, be indemnified against clara essay application, 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 sherlock holmes essays directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on clara essay, the part of the officer/director is shown.

[Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and sherlock holmes essays 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 from cultures 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 sherlock, act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is ethical decision, unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.

Conclusion : The motion should be granted as to any portion of the sherlock essays resolution that purports to indemnify against judgments obtained on behalf of the essay corporation, denied as to portions that indemnify against judgments obtained by M, and sherlock 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 my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and process essay bequeath the rest, residue, and remainder of sherlock, my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to science fair research abstract, Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001.

In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 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 sherlock hand, set fire to decision essay, some papers. One of the papers destroyed was the original copy of the sherlock holmes essays 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will.

Discuss the rights of the various parties in terms of who takes what from cultures comparison, T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption �� Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the sherlock legatee takes nothing. Death of poems different essay, a beneficiary �� A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in sherlock holmes essays many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Making Essay! Such surviving issue will take the sherlock holmes legacy in equal proportions per stirpes . Disposition of estate �� Shall be in accordance with a decedent's last will and testament.

Execution of a will �� A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication �� A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is decision making process, so despite the fact that the holmes will so republished may have been invalid for want of calculus, testamentary capacity at holmes 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 essay, its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy �� A bequest of a particular, individualized chattel, differentiated from all other articles of the 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 natural objects of his bounty. Witness as beneficiary �� A witness to a will may take under that will, providing said will can be proved in sherlock probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.

Preliminary Overview �� The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One �� X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two �� [Each claimant must establish that the will or codicil upon which he bases his claim is santa clara, valid and controlling. Sherlock Essays! Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and from essay confusing to try to sort them out at this point.

Better to focus on holmes, one conflict at clara university application a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three �� [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an essays, interesting discussion. Preview of a logical sequence of esl narrative essay, discussion �� Resolving which instrument controls seems the obvious first step. Sherlock Holmes! Therefore, beginning with B v. Poems Different Cultures Comparison! 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 holmes essays testator's property, shall be deemed to have revoked the decision making process 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 sherlock holmes essays will so republished may have been invalid for want of testamentary capacity at essay 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 sherlock holmes essays fact that T in executing the codicil accurately recited the nature and extent of his property and homework help recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will. The circumstance that the sherlock original copy of the homework help codicil was destroyed inadvertently in 2000 is essays, thus of no avail to B.

Conclusion : The 1998 will is revoked, and clara B takes nothing. Z takes the rest, residue, and essays remainder of T's estate under the different comparison 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 sherlock holmes essays same or similar nature) is not in esl narrative essay 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 sherlock holmes 1994 will is of no avail to X. Conclusion : X takes nothing from homework, T's estate, as his legacy has adeemed. A disposition to holmes, a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per fair research stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by sherlock 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. 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 from cultures, the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the sherlock will in probate. NB: Arguably S should be permitted to take under the 1994 will per decision process essay stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in essays having the will probated is compromised. Y, however, not S stood to homework help calculus, 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 sherlock holmes, witness the science abstract will. Sherlock Essays! 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. Homework Help Calculus! Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in sherlock holmes probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of esl narrative, 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 the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . Holmes! The exemplar is, in ethical fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and sherlock holmes presenting balanced lawyerlike analysis. Toefl! . What is surely wanted when confronted with a task such as what follows is sherlock essays, 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 decision making the end, and holmes 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 santa university application, new and/or unusual. Note that the sherlock holmes 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 essay kaliplari, a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at holmes essays the end.

LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (� 11 = Prof Banks, � 12 = Prof Entman) Essays - 45 points. Average -- � 11 [17.2]; � 12 [16.1]; both sections [16.6] Range -- � 11 [3 - 42]; � 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- � 11 [33.70]; � 12 [35.00]; both sections [34.36] Range -- � 11 [18.86 - 50.29]; � 12 [17.29 - 53.43] Total - 100 points. Average -- � 11 [50.90]; � 12 [51.09]; both sections [50.99] Range -- � 11 [22.86 - 92.29]; � 12 [26.29 - 83.00]

Average Grade - � 11 [2.33] Both Sections [2.34] � 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of science fair project research paper abstract, problems calling for 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 sherlock, the paper provided. Be sure to from essay, identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the holmes pages together in the upper left hand corner. 1. From Different Cultures! Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to sherlock, a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Science Paper Abstract! Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on sherlock essays, your answer sheet to indicate your examination number. Poems Cultures Comparison! Do not staple the answer sheet for sherlock, Part II to anything.

Submission of Exams -- General Instructions When you have finished the examination, place your answers to different cultures comparison, Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Sherlock Holmes! Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of making essay, Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the essays following statutes: X.C.A. � 1-1-111: A court may exercise personal jurisdiction over university, 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 sherlock, 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 an act or omission outside this State if the person regularly does or solicits business, or engages in calculus any other persistent course of sherlock holmes essays, conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. Clara University Essay Application! � 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 sherlock essays, associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. ��I Quit�� is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in ethical making essay a furniture repair business. Holmes! 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 Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [��First Commercial��] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the decision making bank would do well to sherlock holmes essays, procure their business. After receiving a letter at their shop offering the bank��s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop.

On August 15, 2003, Tristan and Isolde signed the essay loan papers at their shop and Tristan immediately took them to First Commercial��s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only holmes two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank��s claim against him for $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial��s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in different cultures comparison Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and holmes summons, the making essay court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the holmes essays judgment against Isolde with the santa essay United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in sherlock essays a bank account in esl narrative Swabia.

First Commercial also procured a writ of garnishment from the holmes federal court in toefl kaliplari Bavaria, attaching a $5,000 debt owed to Isolde by holmes essays one of toefl kaliplari, her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in sherlock holmes essays Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the 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 ethical making process, behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and sherlock essays 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 essay Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is sherlock holmes, valid and whether the service on Isolde in the hospital establishes jurisdiction.

The discussion below is a verbatim copy of a student��s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: �IRAC� (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the toefl essay kaliplari statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an sherlock holmes, abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Ethical Process Essay! Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of holmes, law � e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in homework help calculus 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 holmes essays, claims as outlined in santa clara university Article III of the US Constitution and as authorized by Congressional Statute.

First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is holmes essays, a citizen of Prussia. Isolde has been living in Swabia for process essay, one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the sherlock holmes suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to homework calculus, June of 2003, because she only moved to Swabia temporarily, to see ��if she would enjoy�� life on her own.

If Isolde is found to be a domiciliary of Prussia, then there is sherlock holmes essays, not diversity of citizenship and application thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to sherlock, exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. Making Essay! [Please do not use abbreviations, including this one.] This action could not be brought under ��federal question�� jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff��s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on sherlock, collateral attack. However, it is clara university application, more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action.

Most of 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. Essays! Since she did not appear, there is no reason to making essay, 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 holmes 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 Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of clara application, domicile. Even though the contract included a choice-of-law provision applying the sherlock holmes 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 essay kaliplari same answer. Sherlock Holmes Essays! Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of santa clara university, this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of holmes essays, preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person��s demonstrated obliviousness to important distinctions. Others simply didn��t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to from different essay, pay attention to our class discussions of it.] Statutory basis. First Commercial will argue that the long-arm statute conferred specific jurisdiction over essays, Isolde on the basis of the first of the enumerated acts: ��a) transacting any business within the State.�� The claim for relief, the $100,000 breach of contract, arises from the defendant��s act of entering into the loan contract, which First Commercial will argue was executed on Tristan��s delivery of the loan documents to fair project research abstract, the Bank��s main office in Prussia. Isolde will counter that her act was signing the sherlock 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 toefl essay kaliplari statute broadly (See Gray v. 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 essays contract. [It is probably not necessary to stretch the essay construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the essays facts of poems from cultures essay, this problem. The statute covers transacting business in the forum state ��directly or by an agent.�� Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an sherlock holmes, agent) in delivering the papers to the bank. Esl Narrative Essay! The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. Holmes! You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didn��t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard.

The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of fair abstract, life, liberty or property without due process of law. The U.S. Holmes Essays! Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in homework calculus International Shoe: jurisdiction is constitutional only if the holmes essays cause of university essay application, action arises from the defendant��s minimum contacts with the sherlock essays 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 essay, 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 sherlock holmes 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 toefl kaliplari privileges of conducting activities in the forum, Prussia. Holmes! First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the university essay documents to Prussia, [run-on sentence, a sin committed by many students in essays these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW).

While there are some open questions regarding minimum contacts, the from cultures comparison essay facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining ��fair play and substantial justice,�� articulated in the US Supreme Court��s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to sherlock essays, travel to poems different, a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the sherlock holmes forum state in adjudicating the dispute would be well served because of the choice of fair project, law provision; Prussia has an interest in adjudicating its own laws. Sherlock Holmes Essays! The interest of the several states in efficiency and public policy do not seem to enter the picture, so the science fair abstract fairness factors do not point to Prussia as an unfair forum for Isolde.

Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and holmes Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

SAT / ACT Prep Online Guides and Tips. Holmes. You've gotten back your SAT scores. On your score report, there's information about how you did on Evidence-Based Reading and Writing and Math, compared to santa clara essay students in holmes essays, the previous year's graduating class who took the SAT. Ethical Decision Making Essay. 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 a scale of 1-4 across three different dimensions: Summed together, this means your score can range between 2 and 8 for each area.

There is no longer one single total SAT essay score, just Reading, Analysis, and sherlock essays, Writing essay scores. Science Fair Project Paper. 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 sherlock essays, except when it comes to the Analysis dimension. The average SAT essay score for 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) . Ethical Making Essay. 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 holmes, Writing . The data in this first chart shows the distribution of ethical process essay, scores across all three dimensions for students who graduated high school in 2017. Distribution of SAT Essay scores for the 2017 Graduating Class. (data source for essays all graphs: CollegeBoard) From this chart, we can see that there's the same general trend for esl narrative the numbers of students who got various Reading and 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 sherlock holmes, Writing essay scores. Distribution of university essay, SAT Essay Reading Scores for the 2017 Graduating Class. Distribution of SAT Essay Writing Scores for the 2017 Graduating Class. If you compare the sherlock holmes graphs for 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 middle range of scores (4-6) to making process the upper and lower ends of the scale. Because so many people score towards the sherlock holmes essays middle on SAT Essay Reading and Writing scores, it's safe to 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 significantly higher than average. Things are a little murkier when it comes to essay the Analysis essay scores. Let's take a look. Distribution of SAT Essay Analysis scores for the 2017 Graduating Class. In contrast to the trend for sherlock holmes essays Reading and Writing scores, Analysis scores are heavily skewed toward the bottom of the scale. Even though the esl narrative average Analysis score for sherlock 2017 was a 4 out of 8 (which is towards the middle), the ethical decision process essay Analysis score the holmes most students received was 2 out of 8.

Why did so many students score lower on Analysis, while still managing to esl narrative essay do okay on Reading and holmes, Writing? The most likely answer is that the Analysis dimension is the part of the SAT essay task that is most different from what students have had to do on other standardized test essays. Instead of giving their opinion on essay, the passage in the SAT essay prompt, students are asked to analyze the author's opinion. 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 the old SAT essay (and what students are still asked to sherlock do on the ACT essay) and other standardized essays like DBQs. Because of the different trends for toefl essay kaliplari Analysis scores on essays, 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 pack; and kaliplari, a score of 2 is 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 reviewing these 15 SAT essay tips. Holmes. When colleges look at your SAT scores, however, they usually won't look at your essay scores all by themselves. Most schools look at science project paper abstract your overall SAT score first, your Evidence-Based Reading and sherlock, 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 importance of the SAT Essay has decreased significantly. Ethical Process Essay. More and more schools are dropping the requirement for sherlock essays students to submit SAT with Essay scores entirely, and schools that do require the SAT Essay often place much less importance on 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 poems cultures, 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 average SAT essay score you should target for more competitive schools?

Our advice is to essays aim for at least a 6 out of 8 on poems different comparison, Reading, Analysis, and Writing. Higher essay scores (particularly on 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 SAT essay rubric requirements to get a 6 out of 8 on each section are a pretty reasonable minimum standard for colleges to expect students to meet. 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 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 SAT essay, step-by-step. With these four articles, you'll learn just what is required to excel in each dimension of the SAT essay and how to approach reading the prompt, analyzing the passage, and writing the holmes essays essay. Essay. For further help, you can take a look at how to sherlock essays 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 clara essay application, the six most common argumentative essay devices. Finally, if you think you'd benefit from more personalized feedback on holmes, your essay writing, you might want to try out esl narrative, PrepScholar SAT. You'll get to holmes write essays on official SAT essay prompts and receive feedback from graders on what you're doing well and poems different, how you can improve and boost your score to holmes 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. Ethical Making Process. 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. Sherlock Holmes Essays. We'll also give you a step-by-step program to follow so you'll never be confused about project what to study next. Essays. Check out essay, 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 holmes, Music of Bard College. She scored 99 percentile scores on the SAT and calculus, GRE and loves advising students on how to excel in high school. Sherlock Essays. You should definitely follow us on social media.

You'll get updates on our latest articles right on your feed. Follow us on all 3 of our social networks: Have any questions about this article or other topics? Ask below and we'll reply! Series: How to essay Get 800 on Each SAT Section: Series: How to Get to 600 on Each SAT Section: Series: How to sherlock holmes Get 36 on Each ACT Section: Our hand-selected experts help you in esl narrative essay, a variety of other topics! Looking for Graduate School Test Prep? Check out our top-rated graduate blogs here: Get the holmes latest articles and test prep tips! � PrepScholar 2013-2015.

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essay way How to sherlock 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 project research 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 essay is never going to be an easy task, even for essays, the best writers. Calculus! But you're about to sherlock holmes essays find out how it can be made much more straightforward , interesting and effective . Oh, and toefl essay kaliplari likely to gain you a significantly higher grade, too! So that's something to essays feel, well. just a little bit excited about! It's important to understand one thing before we start: unlike a maths or science question, an 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'. That isn't to say there aren't wrong answers - there are. Different Cultures Comparison Essay! These are those based on 'mis-readings' of your texts. Sherlock Holmes! But what your teacher or examiner wants is a reasonable, informed, explained and well-supported view . In a nutshell, that's it. An essay requires this from kaliplari you: a succinct opening in which you give an overview of your response to the essay question.

This is a kind of sherlock holmes, 'super-condensed' response that sums up your whole response in a line or two. you can add to help calculus the opening sentences, a very brief explanation of wh at holmes essays aspects of the text brought you to poems this view . If you can give, say, four - six aspects, then you are setting out the sherlock holmes 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 essay is merely a series of PEE paragraphs that, point by point, argue the case for what you have just stated. Science Fair Project Research Paper! 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 how the text brought you to such a view, the effects it created, the methods the author used to create the effects and, finally, its relevance to the text, that is, the sherlock holmes author's purposes . That's it. Santa Clara University Application! Done and dusted! More detail below if needed.

The secret of a good essay? Make it an essays, 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 santa university application case for sherlock, is your response to ethical making process the essay title or question . You'll have arrived at after a couple of readings of the text, more if a poem, and sherlock essays one of science fair project research abstract, 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 sherlock holmes form and structure . So your essay starts with a clear statement of your opinion . It could be something like, as an poems, example: 'Shakespeare's theme of violence in Romeo and Juliet is shown especially effectively through the opening scene, as well as through the characters of Mercutio and Tybalt and an analysis of holmes essays, these three dramatic aspects will form the basis of esl narrative essay, this essay.' The opening overview is sometimes called a thesis statement . The 'thesis' is your response, i.e. the heart of your 'argument'. Sherlock Essays! It's what the essay goes on essay to explain and support to show that it is a view that is well - considered, based on the text and holmes reasonable to hold . Essays are about opinions, not facts. This point is crucial to take on board. There is never a straightforward right answer to esl narrative essay 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 holmes tough part - there's no getting away from that. Not least, this is santa clara, because it puts to the test your knowledge of the text and your understanding of the essay title or question . The good news is sherlock holmes essays, that when it's done and done well, the fair project research abstract remainder of the essay becomes much more straightforward and essays far more interesting to write, perhaps even a little exciting! The Outline Structure for abstract, 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 aspects of the text you'll be analysing to show your stated view is sound . It is these early sentences that provide the 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 the major details of the sherlock story (poem or whatever) along with an equally brief statement of any relevant context , (that is the situation you feel brought the writer to want to write their text, including key aspects of poems, their social , cultural and essays 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 homework calculus essay. Sherlock! It is a series of paragraphs each introduced with a new clear important and wholly relevant point . Sadly, it's all too easy to open a in homework calculus, a way that inspires little confidence and which drifts from the essay question or argument. Avoid this by opening each and essays every paragraph in a way that is clearly and directly developing the essay's 'answer' or argument . If you started by esl narrative stating the four-six aspects you'll be covering in sherlock essays, your essay, then you'll have no difficulty knowing what to write in these body paragraphs. This is where you restate, in 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 essay think back to the imaginary classroom situation. Sherlock Holmes Essays! What would follow on from the highly condensed 'answer' you gave to fair paper your teacher? Your teacher might say, 'Good, that's a fair view to 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 the form of quotations each one itself supported by sherlock essays 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 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 from different cultures essay be followed by an analysis and sherlock holmes comment . Some teachers call this the science fair project research paper abstract 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 text or the quotation 'works' within the context of the essay question and the originally stated argument. Certain key questions need to be answered concerning each quotation used: What techniques have been used to make the language of the quotation effective? This means discussing the writer's methods , e.g. through the creation of 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. 'the effect of holmes essays, 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 author wants to gain the reader's attention in order to begin exploring the overall theme of injustice. ' MARK GRABBING TIP No. 1! Begin all of your paragraphs in such a way that it is clara university, absolutely clear you are focused on the essay question and sherlock holmes essays its requirements, thus building up your overall argument. This will keep the homework calculus essay on sherlock holmes track and avoid the plague of poor essays: wandering, digression and 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 easier to generate that all-important single main point of ethical making process, view to it - the main idea upon sherlock essays, which you will then base the from 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 holmes, this - or any other - essay must then be no more than a linked series of points with each point explained , developed and supported in a paragraph of its own . Different Cultures Comparison! These points must all be directly related to the main idea you have already explained in essays, 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 nothing more . In this example, the paragraph that follows the opening paragraph - the ethical process essay first of what is sherlock, called the body paragraphs of your essay - could be based on the point that the university essay theme of holmes, ambition is shown through what Macbeth and Lady Macbeth are given by toefl Shakespeare to say and do in holmes essays, 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 shown through these two characters in some part of Act 2, and so on. Below you'll find lots more detail and homework help calculus 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 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 'embedded' quotations can help create a very impressive style, one that suggests you have a good grasp of the text and the essay question. Here are some examples of how to use embedded quotations. The first is from the opening of holmes, John Steinbeck's novel, 'Of Mice and Men': 'Small and calculus quick' George is presented by Steinbeck as a character in complete contrast to his friend, the sherlock lumbering and 'shapeless' Lennie. Here is a similarly embedded quotation from J B Priestley's 'An Inspector Calls': As the university essay application Inspector says, 'We don't live alone' and sherlock holmes essays 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 a lack of understanding of the text on which the homework help calculus essay is based.

This is to take the road signpos ted 'Failure'. But you're heading elsewhere. So. get to 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 hand. Sherlock Holmes Essays! Also, talk the text over with friends or your teacher. There is toefl essay, more help with specific texts here . Many essay writers fail to sherlock holmes essays create an ethical decision making process, initial main viewpoint or drift from this single focus. This loses marks as it leads to waffle , vagueness and generalisation . As you've read above, another common pitfall is to focus too much on the surface features of the text you are writing about.

This happens when you write at length about the essays meaning of the text, i.e. by telling what happens in it. In effect, all you are doing when you do this is to retell the story of the text. You need to be discussing how and why the author has created an 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 poems from 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 paragraph. Remember, too, that this is an English essay and sherlock holmes essays this means you need to reflect how authors use language and literary techniques in santa university essay application, 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 place or how it helps explore one of the text's themes . Discuss, too, how the quotation works both at sherlock the point it occurs and as a contribution to the whole , i.e. the way it helps the kaliplari writer achieve his or her purpose . This means you need to discuss aspects of the sherlock essays quotation such as its effectiveness - which means discussing aspects of 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 your point of view , a view that when succinctly expressed is called a thesis statement . This 'thesis statement' needs to be an idea you developed based on an interpretation of whatever aspect of the text is asked in the essay question. Making! Interpretation means considering how a text operates at different levels ; it is sherlock holmes, your interpretation of the clara text that will be at the heart of the essay: an interpretation that must supports the overall thesis statement. 2. Holmes! FIND SOLID SUPPORT FOR YOUR VIEWPOINT. You will need to search through the text and note down a series of aspects and decision quotations that can be used to support the overall view you have developed. Use 'post-it notes' to holmes essays help with this or write the esl narrative essay aspects/quotations down separately. Choose aspects or quotations that you can analyse successfully for the methods used , effects created and purpose intended . 3. 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 sherlock 'preview' each of the major points that you will cover in from, the body of the essay.

This opening paragraph will then act to show - succinctly - where you stand regarding the questions and how you intend to answer it. Importantly, in the opening paragraph of your essay you will also need to write an holmes essays, 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 poems cultures comparison essay question. Giving a succinct account of the big picture of the text in holmes, the opening paragraph will show that you have engaged with and digested the detail of three key aspects of the essay: the essay question, the text and its author - perhaps also, a brief account of the author's context . Giving an overview suggests a confident approach and esl narrative 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 marks in an English essay are awarded for the quality of analysis and interpretation you show - that is, an awareness of the author's uses of the sherlock holmes essays English language and literary uses of this. If your essay title does concern aspects of context try hard to discuss context by poems from different comparison essay deriving your comments from quotations rather than by merely discussing aspects of context; in sherlock holmes essays, 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 science paper, '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 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 essays analysis system called P.E.E. or P.Q.C. Poems Different Cultures! For more on sherlock holmes this see here ; work through the text's structure logically and, highlighting via the use of quotations, explain how these led you to develop your point of view; comment on how the language of each of these parts led you to form your interpretation: why did the author choose this particular type of science fair paper, language to make this point in this way? How does it help a) the sherlock audience and b) the writer's purpose or theme ? discuss how this individual part of the text forms a useful structural part of the homework text by leading the reader towards an overall understanding of the 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 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 . Essays! This is a sentence that clearly makes a point that is developing your argument - your answer to science fair project research paper 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 sherlock essays points you make by toefl essay referring directly to the text (this is the EXAMPLE part of sherlock holmes essays, P.E.E.). You normally do this by quoting briefly from a relevant part of the text but you might choose to describe an event. It's very important NOT to write a long description of WHAT happens. If you do you are merely 'retelling the story' - this loses many marks.

In a play you also lose marks if you do not discuss aspects of the science fair research abstract staging and stage action. You will need to sherlock holmes essays follow each quotation with an explanation of and 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 kaliplari method the writer used, the effect the language creates and 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 text (this is also the sherlock EXPLAIN part of P.E.E). 5. CREATE A LOGICAL STRUCTURE. Always work in homework help calculus, a clear way through the text, from beginning to holmes essays 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 clara essay application writer puts in to sherlock holmes develop an effective structure to their text - and loses marks!

6. CONCLUDE EFFECTIVELY. The conclusion to an essay is important but causes problems for many students. It should leave your reader with a pleasant and calculus logical sense of 'closure' - a 'wrapping up' of the main ideas behind the essay . 1. Sherlock Essays! 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 science research same words): list or summarise the main points from the preceding paragraphs (use the topic sentences from each paragraph to give you an idea). 3. End by identifying some of the wider implications and relevance that arise from sherlock holmes what you have found and explored. The conclusion should consist of science fair paper, just a few sentences but these will need to be made to sound convincing and authoritative . It's crucial to keep the conclusion brief and to the point and, above all else, to introduce no new material at all. ALWAYS WRITE ANALYTICALLY , NEVER DESCRIPTIVELY. Here is an example of sherlock, 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 first two lines of the ethical making process essay '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 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 bloodshed shown in the coming scene. It will be against this violent backdrop that the essays pure love of Romeo and Juliet will have to poems from cultures essay struggle.' Which approach and style would gain the essays 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. Esl Narrative Essay! And subtlety always receives the highest marks ! When you write about a text at the level of its form , you analyse how aspects of sherlock holmes, 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 a text, you yourself make use of the form of process essay, language when you speak loudly or softly , or when you chat or text a friend and use CAPS LOCK. Sherlock Essays! Also, when you create short or long sentences or paragraphs you are affecting the look - the form - of your writing. Homework! This, albeit subtly, affects the way the writing is received and interpreted. A novelist makes use of 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). Essays! The use of dialogue (spoken words shown inside speech marks) is 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 poems different cultures essay very creative with the use of form. A poet makes use of form, for example, by consciously splitting up sentences into the lines of holmes essays, poetry . This allows the help poet to exaggerate a particular word by placing it at holmes essays the end of a line, or by rhyming it with a similar sounding word. A non-fiction writer makes use of toefl kaliplari, 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 sherlock essays, course, uses form very differently. When your essay concerns a play, therefore, you'll definitely be losing marks if you ignore aspects of form. In a play, much of the from cultures '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 - 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. It's sometimes called a word's denotation . E.g. 'In this story, the author's detailed description of darkness denotes the sherlock 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 . Decision! Words and phrases can be used differently from their literal context and 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 use a word not for its literal meaning but for its metaphorical or figurative meaning. 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 essays coming of a storm, the darkness also acts to homework help 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 sherlock holmes, a certain context, can have an ambiguous meaning - two possible meanings - one of from cultures comparison, which might be humorous. Irony is a key way that writers use to create layers of meaning. Sarcasm is irony, but this is a spoken form of sherlock essays, irony that is intended to hurt someone's feelings by homework calculus ridiculing some aspect of holmes, them. It's a crude, easy kind of irony not really subtle enough for writing.

Irony is usually subtle , sophisticated , edgy and essay witty ; an altogether more intelligent use of language. But irony can also be difficult to holmes essays recognise - yet it is probably true to say that irony is one of the most common means by which a sophisticated writer creates layers of meaning in a text . Irony works because when it is recognised, it engages the reader very much more closely with the text. This is calculus, because, rather like solving a puzzle, there is a real enjoyment and satisfaction in unpicking the various levels of sherlock, meaning created by poems comparison essay the irony. Creating an 'ironic tone of voice' in writing is sherlock holmes, 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 ironic tone (or any tone, for that matter), words have to be chosen with great care. Clara Essay Application! It is a key reading skill to be able to detect this as it tells you what attitude the writer is essays, taking towards their subject matter. An example of essay, irony occurs in an old story by O. Henry called 'The Gift of the Magi'. Sherlock Holmes! This story of poor young lovers ends with the science fair boyfriend selling the one thing he owns of value, his pocket watch, in order to holmes buy his girlfriend an 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 an attempt to homework help calculus make it as effective as possible for their audience and their purpose.

It is holmes, important to comment on the structure of a text, e.g. 'The way the author slowly builds up the tension throughout this chapter helps create a feeling of real excitement and 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 . When you aim to homework 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 sherlock holmes essays discussing a text is to different cultures comparison comment on holmes essays its style - on esl narrative what are called the essays stylistic or language choices its writer has made, especially those that seem to you to homework calculus have been chosen to create a particular effect to sherlock essays achieve a certain purpose. So. if you are commenting on the form and content of paper, 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 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 sherlock holmes contrast the texts . Aside from not knowing the texts sufficiently well, failing to compare and contrast is the essay number one reason marks are lost in this kind of essay. When writing about more than one text, your opening paragraph should be used to give the holmes briefest details of each text (i.e. your writing needs to homework help be succinct !).

This will mean being even more careful and sparing when you write an overview of each text, in which you give the big picture . There are two methods you can consider using when comparing texts: 1) Write about the sherlock holmes essays first text fully before moving on to the second - still using the techniques outlined above; but when you go on to write about the second text, you must compare and esl narrative contrast it with the essays 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 support the points are taken from help one or both texts as relevant to the point. This second method is the more complex and sophisticated of the two.

Flaws of the Hawthorne Effect Essay. Let�s begin with an example. A golfer attempts to sherlock holmes hit a ball into a hole in as few strokes as possible. After each stroke, the 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 goal met? Was it met in exemplary fashion or merely in a satisfactory manner? One measure is the number of strokes required. Assuming another player is competing, scores can be compared in fair project abstract order to evaluate relative performance.

Without a norming score, however, goal attainment remains somewhat undefined in sherlock holmes essays terms of level of achievement. Fortunately, golf has a norming score�par-so even a single golfer can be evaluated versus expected results. Golf can be taught and played in several ways. From Cultures Comparison Essay. Which is the best method? How can one evaluate these methods? Perhaps comparing the performance of sherlock essays those who adhere to each method will provide a relative measure of which is toefl kaliplari most productive. Evaluation of these results can help golfers and instructors make informed decisions about which method to essays employ. Esl Narrative Essay. A direct relationship exists between this example and safety program evaluation.

A safety program is 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 evaluate how a program is progressing toward a prescribed level of performance. Furthermore, program activities used to sherlock holmes essays improve performance can be evaluated by comparing various measures of those activities. Hence, the evaluation process can be used to cultures comparison make informed decisions about essays safety program effectiveness. Santa Clara University Essay Application. Without such a process, however, attainment of numerical safety goals may lack meaningful context. Hopkins and Antes describe traditional uses of the results of sherlock educational measurement and evaluation. �Educational evaluation takes the output of clara university measurement and other pertinent information to form judgments based on the information collected.

These judgments are the basis for decisions about sherlock essays students as individuals, and decisions about the effectiveness of homework help school programs� (Hopkins and holmes 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 ethical decision evaluation process� (Hopkins and holmes essays 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 science paper abstract information collected. Data collection can be achieved via many methods. Observation is one. 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 sherlock mechanical instruments. Clara Essay. Via checklists, observations of specific behaviors can be quickly tallied. Unobtrusive observations are conducted so that the worker does not know she is holmes 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 fair project paper 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 sherlock holmes Antes 78-96). Traditionally accepted, quantitative safety program metrics, such as accident and injury frequency rates, are designed to measure specific achievement and decision process essay gather data needed for evaluation. Results from holmes, all program activities are used to evaluate safety program performance. Decision Making Essay. Bottom line: Information-collection techniques must be designed to prevent an 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 sherlock holmes terms of evaluating individual performance, these problems apply to fair research paper abstract safety program evaluation as well. The evaluator should not allow preconceived impressions of holmes 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 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 the workplace and toefl essay employee performance evaluation, the Halo Effect is a tendency to overrate the 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. Sherlock Essays. An evaluator tends to 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 the observer, although it may be irrelevant, may receive a higherthan-justifiable rating. Ethical Process. 5. 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 be overly argumentative a lower rating. 3. A nonconformist is usually rated lower than deserved simply because she is different (Oddball Effect). 4. Sherlock. Poor group performance often leads to 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. Research Abstract. A recent mistake can overshadow months of good performance (DramaticIncident Effect). 7. 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 holmes essays vague standards and maintains that effectively established standards of performance can reduce or eliminate their impact (Kirkpatrick 46-47). The information-gathering method and university essay application process also play key roles in eliminating these effects. 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 experiences do not influence his/her judgment. Holmes. Several data collection methods can help prevent subjective judgments. For example, the esl narrative critical incident method is a three-step process that involves data collection, data summary and sherlock essays analysis, and feedback. Developed by essay, J. C. Flanagan, this technique uses recorded observations of holmes specific behaviors that are judged to be critical to good or poor performance.

These behaviors are carefully defined for the workplace situation and recorded simply as effective or ineffective behavior. From Different Cultures Essay. Interpretive instructions (provided in 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 sherlock holmes trait sampling are also methods of collecting evaluation data. Time sampling involves specifically timed observations that, over essay time, might be expected to provide a good representation of total performance. Event sampling is like Flanagan�s critical incident method in that events deemed to represent specific performance characteristics are recorded as they are observed. Sherlock. 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 various facets of the Halo and Horns effects can also help alleviate these problems. The evaluator must learn to ask whether either of these effects is influencing his/her judgment and essay make adjustments if necessary. Sherlock Holmes Essays. 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 better decisions. Hopkins and Antes suggest teaching evaluators about these effects in order to improve objectivity.

The Illumination Experiments In the 1920s, a group of engineers at Western Electric examined the homework effect of sherlock essays illumination on ethical decision process work performance. The researchers established an experiment room and a control room, controlled various conditions and introduced changes one at a time. Much to the engineers� dismay, the holmes results were confounding. No matter how illumination changed (increased or decreased), production improved in the experiment room. From Different Cultures. Although no changes were implemented in the control room, production increased there as well. These results indicated the holmes essays need to record not only the details of the physical changes made, but also the physiological, medical and social changes occurring (Mayo 80). Poems Different Essay. Following these experiments, Mayo initiated the holmes Hawthorne Experiments, which were conducted in three phases: Relay Assembly Test Room, Interviews and Bank Wiring Observation Room. Essay. Relay Assembly Test Room In the Relay Assembly Test Room, various regimes of workday length, payment schemes, break length and scheduling, work week and sherlock return to non-experimental conditions were evaluated. In all cases, productivity increased from previous levels. In fact, the greatest rise actually occurred upon help calculus return to non-experimental conditions.

Mayo attributed this result to holmes �� 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. During the project research interviews, employees were allowed to talk without questioning or interruption. Some 20,000 employees were interviewed over several years. The result was a feeling of well-being among employees; the interview process had been a sort of emotional release. It became clear that communication is holmes essays valuable to decision making employee well-being (Mayo 82).

Bank Wiring Room The third phase was conducted in sherlock holmes essays the Bank Wiring Observation Room. Changes introduced to improve production had the opposite effect of those implemented in the Relay Assembly Test Room. Homework Help Calculus. Social pressure within this group kept production at a constant level (although some workers occasionally produced extra units to cover others� shortfalls). However, if a worker tried to sherlock 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 these experiments, the term �Hawthorne Effect� was coined. Kanter describes this effect as a result of the Relay Assembly Test Room, where productivity increased no matter what changes were introduced. Help Calculus. �In one experiment, a team of women workers was given a separate work area where their production would be measured while a variety of essays environmental conditions, such as lighting and rest breaks, were varied. Productivity tended to [increase] regardless of the toefl essay kaliplari changes that were made to sherlock holmes physical conditions. �One conclusion was that being singled out to be in santa clara university application a high-visibility experiment was highly motivating in sherlock holmes and of itself; calling this the Hawthorne Effect was, in part, a way of dismissing the claims made by 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 esl narrative making an impact� (Kanter 242). Controlling the sherlock essays Hawthorne Effect The key message is 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 essay, baseline measurements. Sherlock Holmes Essays. If this occurs, data collected and behaviors observed may be misleading. Or, if, for example, several workers-are told they have been chosen to test a new safety-related process, will institution of the process itself lead to 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 ethical decision Locke discussed an experiment through which a wood products company attempted to examine the sherlock holmes value of goalsetting as it relates to 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 essay assess the effect of absenteeism on production (Latham and holmes Locke 400-401). �To control for the Hawthorne Effect, we made an equal number of visits to the control group and ethical decision process the training group� (Latham and Locke 401). In other words, both groups received equal attention, so both had similar reason to holmes essays be motivated by participation. Result: Test group was more successful than control group. University/College: University of toefl essay kaliplari 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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