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(1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to Resume Templates Builder proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.] The conflict pairings for For Resume | Job Template, all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.
[The consistent overall objectives are to Resume Resume Templates And Resume obtain damages on one side and to avoid liability on the other. However, given that this is Home Form Sample Exchange, a civil procedure exam, the Templates And Resume objectives that count for purposes of Ocean Cover, generating premises are intermediate in nature. Resume Resume Templates. In the To Writing Letter Get You An 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 Resume Template Queens County vs. keep it in Manhattan County.
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See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of Engineer Cover Letter, spousal communication overrides. 5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override.
Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the The Perfect Resume Template Resume others, Step Three is Rules Requirements (features), unnecessary as an independent exercise. It is part and parcel of inspecting the Resume Resume law giving rise to Jobs - Description, And Education the premise under consideration to Resume And Resume Builder determine whether it is 7 Steps To Writing Will Get You, necessary to Resume Template Templates And Resume state all of the law to begin the first paragraph of Business Rules Vs. Business Requirements, analysis, or whether one or more elements can be focused on The Perfect Template And Resume as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc.
It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to (features) mean that the transaction that is the subject of the action could have occurred anywhere. Resume Templates And Resume Builder. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of 10 Cashier | Job, 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 Resume Resume Templates And Resume Builder only apparent reason for trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and 10 Cashier Job Duties For Resume | Job, shut.]
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The latter derivative action may be maintained only if 1) the plaintiff is The Perfect Template Templates And Resume, a shareholder when the Zoologist - Description, Salary, action is The Perfect Resume Template Resume Builder, brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and Engineer Cover, 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 The Perfect Resume Template Resume Builder demand (e.g., the board members are the defendants). Note that in Business Rules Requirements order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of 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 The Perfect Resume Builder a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the Business Rules Requirements (features) action, unless, inter alia, he is adjudged to Resume Template Templates And Resume Builder have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the Accounting Coordinator Resume | Premium officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to Resume Template And Resume Builder by the question are like three questions, each to be considered separately. Accounting Coordinator Resume Template. [Note the The Perfect Resume Template Resume Templates And Resume enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the To Writing Letter Actually Get You An objectives relevant to a Step One analysis and the question are implied in Resume Templates Builder the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).
Whether the ultimate objectives will be achieved depends upon resolution of the Jobs Salary, motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and Templates, purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is Engineer Cover Letter, movant for motions 1 and The Perfect Resume And Resume, 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. Coordinator Resume. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Resume Builder, Meddle's objectives set forth in the preceding sentence . Jobs - Description, Salary,. The facts in the first two paragraphs need only be considered for purposes of analysis.] 1) Lack of standing, failure to Resume Resume And Resume Builder 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 Accounting Coordinator Resume Resume toolbox only. Resume Builder. 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 Business Requirements such a suit. Step Three €” [The motions seem more or less equivalent in The Perfect Resume Template Resume And Resume weight. Given the Zoologist Jobs And Education complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the Resume Template Builder analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and Job Duties | Job, go to the writing phase .] Preview of Resume Template Resume Templates And Resume, a logical sequence for Engineer Letter, discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.
Generally, a shareholder may sue the Resume Template Templates And Resume corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the Template | Premium Resume Samples corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only if the Resume Builder plaintiff is Exchange Agreement. Exchange Agreement, a shareholder when the Template Resume Templates And Resume 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 For Resume And Resume ski resort venture. Generally, shareholders have a limited right, founded in The Perfect Resume Template Resume Templates Builder common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of - Description, Salary, And Education, stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of Resume Template Builder, shares. However, she has been a stockholder of record since the initial offering, over Letter That Actually Get You two years prior.
So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the The Perfect Resume Templates And Resume Builder purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the Accounting Coordinator Resume Template | Premium Resume Samples corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Resume Builder. Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the To Writing A Cover That Will Actually Get You An appearance of an The Perfect Resume Template Builder, ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception.
Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the Ocean Engineer Cover Letter possibility of 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 The Perfect And Resume, 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 Coordinator Resume Template | Premium Resume, the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the Template Builder corporation, and, as set forth, supra , a challenge to | Job And Resume Template 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. Templates And Resume. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in Exchange Home Form Sample a direct action by Resume And Resume Builder, the corporation or a derivative action, or for Exchange Agreement. Home Agreement Form Sample Exchange, amounts paid in settlement thereof. The director may, however, be indemnified against expenses of Resume Template Builder, defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in Accounting Template | Premium Resume Samples 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 Resume Templates And Resume Builder, shown. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of defending against Jobs Salary, And Education the action. Template Resume Builder. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to Rules exercise reasonable care, if not a violation of The Perfect Resume Template Resume Templates And Resume Builder, their duty to 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 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 Zoologist Salary,, indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the The Perfect Templates Builder corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at 7 Steps To Writing Letter Actually Get You An, 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 Resume Templates And Resume Builder, with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of Business Rules Requirements, 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 Resume And Resume Builder legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the Coordinator Resume Template | Premium Resume Samples codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to Template Resume And Resume a syndicate in 1997 for $200,000. 3) Inadvertently in Job Duties | Job 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers.
One of the Template Resume Templates papers destroyed was the Zoologist Salary, original copy of the 1999 codicil, which T had been reviewing. 4) Y died in Resume Template Resume And Resume Builder 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the Engineer Letter 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is The Perfect Resume Templates Builder, not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). A Cover Letter That Will. When an ademption occurs, the legatee takes nothing. Death of Resume Template Templates, a beneficiary €” A disposition to a beneficiary who predeceases the Exchange Agreement. Home Exchange Form Sample Exchange testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the Templates And Resume Builder legacy in Cover 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 The Perfect And Resume, so despite the fact that the 10 Cashier Job Duties For Resume | Job Template will so republished may have been invalid for want of testamentary capacity at Resume Templates, 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 10 Cashier For Resume | Job And Resume have revoked the Resume Template Templates Builder prior will by Agreement Exchange, implication. A will may further be revoked by means of The Perfect And Resume, its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of 7 Steps A Cover That Actually, revoking the will.
Specific legacy €” A bequest of Resume Templates And Resume Builder, a particular, individualized chattel, differentiated from Business Rules Requirements, all other articles of the same or similar nature. It must be taken by Templates And Resume, the legatee as and where he finds it. Testamentary capacity €” Absent evidence to Engineer 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 probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to The Perfect Resume Template Resume Templates And Resume Builder take from T's estate. Each will be in opposition to - Description, anyone or anything that would prevent him from The Perfect Template Templates And Resume Builder, taking from Business Rules Vs. Business, T's estate. Step One €” X, Y, Z, B, and Resume Resume, A vs. Business Rules (features). 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 Template And Resume Builder will or codicil upon Coordinator Template | Premium Resume Samples, which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the The Perfect Resume Template Resume premises of the various parties in Step Two, I may as well go straight to Requirements the response. My impression is Template Resume, 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 interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step.
Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Business (features). 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 The Perfect Resume And Resume Builder testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to Zoologist - Description, Salary, And Education a revoked will operates as a republication of a will that is, in form, properly executed.
This is so despite the fact that the will so republished may have been invalid for want of Resume Template, testamentary capacity at Coordinator Template, 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 Resume And Resume codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in 7 Steps A Cover Letter That Will An executing the codicil accurately recited the nature and extent of his property and recognized the The Perfect Template Templates And Resume Builder 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 original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in Rules Requirements existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is Resume Template Templates, of no avail to X.
Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per Exchange Home Exchange Agreement Form, stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by The Perfect Resume Template Builder, 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 Zoologist - Description, Salary,, several witnesses to the 1994 will, implying that more than two persons witnessed the will.
Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per The Perfect Resume Template Templates Builder, stirpes, even were he one of only two witnesses to the will. The rationale for Accounting Coordinator Resume Template | Premium Resume Samples, not allowing a witness necessary to probate to take under the Resume Resume Builder will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. A Cover That Will Actually. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the The Perfect Resume Template Resume will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an Ocean Cover Letter, A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the Resume Template Templates will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Zoologist Jobs, Professor Comments) [The example that follows is an actual exam and model response sent to us by Resume Resume Templates And Resume Builder, 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 | Job Template 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 Perfect Resume Templates And Resume the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the To Writing A Cover Will Actually Get You An LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of The Perfect Resume Builder, a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points.
Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to Accounting Resume | Premium follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. The Perfect Resume Templates Builder. Part II consists of Accounting Coordinator Samples, 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 Resume Template Templates Builder, course, confer with or receive assistance from any other person. Your answers for Engineer Cover, Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). The Perfect Template Templates Builder. When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and Exchange Agreement. Exchange Form Sample Exchange, staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and The Perfect Resume Templates And Resume Builder, spelling.
2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the Home Agreement Form Sample rule or statute by number. 3. Write on The Perfect Resume Templates only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on That Will this exam booklet at The Perfect Resume Template Resume Builder, the top of the first page and return the booklet in Agreement. Exchange Form Sample Exchange order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the The Perfect And Resume following: 1. all states have adopted rules of civil procedure identical to That Actually An the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;
3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the The Perfect Resume Templates Builder 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 any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by sending a summons and a copy of the complaint by Business Vs. Business Requirements (features), registered mail, return receipt requested, to the defendant's home address, or principal place of The Perfect, business, wherever located. The problems in Part I are worth a total of 45 points.
They are not of equal weight. A. You are now an associate attorney in Coordinator Resume Template | Premium Resume Samples a law firm. Respond fully to the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and The Perfect Resume Resume Templates, Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the 10 Cashier | Job nearby States of Prussia and Bavaria bring repair jobs to the shop in The Perfect Resume Template Resume Builder Swabia. Letter. 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 The Perfect Resume And Resume Builder, First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the Ocean Cover bank would do well to procure their business. After receiving a letter at Resume Templates Builder, their shop offering the Zoologist - Description, Salary, bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in The Perfect Resume Builder the State of Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. A Cover That Will Actually Get You. 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 Resume Templates two payments on the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against him for $50,000. 7 Steps Letter That Will Actually. 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 The Perfect Resume Template Templates Builder Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the Business Requirements court entered a default judgment against her for Resume Template Templates And Resume, $100,000.
On December 1, 2006, First Commercial sought to register the Home judgment against Isolde with the The Perfect Resume Templates Builder 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 a bank account in 10 Cashier Job Duties | Job Template Swabia. First Commercial also procured a writ of garnishment from the Resume Resume And Resume Builder federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Engineer Cover Letter. Be sure to Resume Templates Builder 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 Jobs Salary,, two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the Resume Resume Templates And Resume Builder accident, but while she was hospitalized in Prussia, a private process server acting on To Writing Will Get You An behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for The Perfect Resume Template And Resume, the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in Zoologist Salary, both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. The Perfect And Resume Builder. . [LEEWS note: We reprint this commentary in blue.]
LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). That An. Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in Resume Template Builder the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. Ocean Letter. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of The Perfect Template Templates, citizenship of the parties. First Commercial is a citizen of Prussia.
Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the Rules Requirements (features) time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in And Resume Builder Prussia, where she lived her whole life up to Exchange Agreement. Form Sample Exchange June of 2003, because she only moved to Swabia temporarily, to Resume Templates And Resume see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of Requirements, citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of The Perfect Template Resume And Resume Builder, staying for Ocean Engineer Letter, the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. Template Resume Templates And Resume Builder. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim.
Therefore nothing in the plaintiff€™s complaint arises under the 10 Cashier | Job Constitution and laws of the Resume And Resume United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Business Rules 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 The Perfect And Resume Builder 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 10 Cashier Job Duties For Resume | Job Template the original action. Resume Resume And Resume Builder. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in 7 Steps To Writing Will Actually An 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 Resume Template Resume Templates state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is Rules Vs. Business Requirements (features), 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 Resume Resume, domicile. Even though the contract included a choice-of-law provision applying the laws of Zoologist Jobs Salary, And Education, 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 The Perfect Resume Template Templates And Resume another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of Business Requirements, law provision. Mistakes of The Perfect Template Templates Builder, this type may be attributable to sloppy reading of the For Resume | Job facts but they are also a strong indication of a serious lack of preparation. Resume Template Resume Builder. 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 Coordinator Resume Burger King opinion and to pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on The Perfect Resume Resume And Resume the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to 7 Steps To Writing A Cover That Will the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in The Perfect Template Resume Templates Builder Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the 10 Cashier Job Duties 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 contract. [It is probably not necessary to stretch the Resume Templates Builder construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. Accounting Resume Template | Premium Resume Samples. The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in The Perfect And Resume Builder delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the Accounting Resume Template | Premium Samples papers and Template Resume And Resume, that he immediately took them to the bank. You should never, as many of Zoologist Salary,, 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 life, liberty or property without due process of And Resume Builder, law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and Will Actually Get You An, substantial justice. The Perfect Resume Template Resume And Resume. Assuming, arguendo, [LEEWS note: We teach the 7 Steps To Writing That Actually An proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of Resume Resume And Resume Builder, jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the 7 Steps A Cover That Get You argument that the Resume Template Resume Templates And Resume 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 Accounting Template | Premium, the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan.
They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in The Perfect Resume Template Resume Templates these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. Template | Premium. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining €śfair play and substantial justice,€ť articulated in The Perfect Resume Template Templates Builder the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in Exchange Home Exchange litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in The Perfect Resume Resume Templates And Resume Builder adjudicating the Ocean Cover dispute would be well served because of the choice of The Perfect Template Resume Builder, law provision; Prussia has an interest in adjudicating its own laws.
The interest of the several states in efficiency and public policy do not seem to enter the picture, so the Exchange Agreement Form Sample Exchange fairness factors do not point to Prussia as an unfair forum for The Perfect Template, Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the Ocean Engineer Letter original judgment on a defense of Template, lack of personal jurisdiction. [Many of Rules Vs. Business Requirements (features), you neglected altogether most of the issues about validity of the Resume Template Templates Builder 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 Ocean Letter, Bavaria. Such discussions reflect a lack of knowledge of The Perfect Resume And Resume, our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the Rules (features) problems following that opinion in the casebook.]
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8 Tips for Dazzling an Editor With Your Personal Essay. Ironically, as a reader, I never used to be a fan of anthologies or personal essay collections. As a teacher, I did love showing students how to write personal essays or short memoir pieces. As an The Perfect Resume Resume Templates And Resume Builder, English teacher and a writing instructor, it often felt miraculous to me how a mediocre piece could be transformed in To Writing That Will Actually An, just a few short weeks through revision, how a piece could evolve from bland and cliched to raw, powerful, and beautiful. But I never liked reading short pieces in Template Resume Builder, my leisure time. It wasn't until I started writing as a blogger and freelance writer that I started to 7 Steps To Writing A Cover Letter Get You, appreciate collections of personal essays as a genre.
I love seeing writers that I know online take different perspectives and approach topics with unique styles. Template Resume Templates. As a parent, reading about other mothers' experiences from 10 Cashier For Resume | Job Template, so many different angles has helped me gain insight into myself as a mother. I've been thinking a lot about personal essays from three different perspectives: as a reader, as a writer, and now as an editor. I've been trying my hand at publishing my own pieces, and I know that it's hard (really hard) to write a great personal essay. The Perfect Resume Resume Templates And Resume. After our call for submissions for My Other Ex: Women's True Stories of Leaving and 7 Steps To Writing A Cover Letter Will An Losing Friends , to be published in September, I also spent months reading essays with an editor's eye, trying to decide which pieces to accept and which to pass on. And that was just as hard. And it occurred to me as a beginning editor that we editors are not often transparent about what we are looking for. I'm lucky in the sense that I taught writing and developed writing curricula for well over a decade, and Template Builder all of the best practices (and unwritten rules) of memoir and essay writing are (somewhat) fresh in my mind. But most of us writers haven't taken an English class in quite a while. Ocean Engineer. And we aren't recent MFA graduates either. So here's what I think -- as a teacher, writer, editor, and The Perfect Resume Templates And Resume Builder reader -- about the Exchange Exchange Agreement Form Sample Exchange ingredients of a great personal essay, one that is carefully crafted to draw in a reader, make her care about a topic, and The Perfect Resume And Resume Builder keep reading.
1. Use what you know about good fiction and Accounting Coordinator Resume Samples storytelling . You should develop characters, settings, and plot (a sequence of events) into a story. Use sensory details and vivid description to Resume Template Builder, create separate, carefully chosen scenes. 2. Combine the personal and the universal . Business Rules Requirements (features). This is your story, your life, your emotions but your writing should also express and reveal a larger meaning, a theme, a deeper truth, beyond the surface details of plot and character. 3. Find your voice . More importantly, find your unique voice that is best for each piece, or different moments of the same piece. As Kate Hopper, in the invaluable Use Your Words: A Writing Guide for Resume, Mothers, explains, voice is: the feel, language, tone, and syntax that makes a writer's writing unique. Ocean Engineer Cover. In nonfiction, voice is you, but not necessarily the Template Resume Templates you sitting in Accounting Resume Template, front of the The Perfect And Resume computer typing away. Voice can be molded by a writer to serve the subject about which she is writing.
It might take a while to find the best voice for Engineer, a piece. The Perfect Template Resume Builder. Is the Ocean Engineer Cover Letter right voice ironic, funny, anxious, playful, breathless, or solemn? We all have multiple identities and show different parts of ourselves at different times. Use that versatility in your writing. 4. Template Templates Builder. Alternate focusing in and focusing out . Choose specific and compelling moments, memories, and feelings, and hone in on them, using those particular moments to help to convey theme and purpose. Pretend you are using a video camera to Zoologist Jobs - Description, Salary, And Education, focus in and out, slowing down the action, like a cinematographer, very purposefully to guide the reader toward what's important in the piece. 5. Be specific, not general. This is what I called The Rule of the Pebble to my students (thanks to Nancie Atwell, my writing teacher guru). It basically means don't write about a general topic or idea; write about one particular person, place, time, object, or experience. In other words, don't try to write about all pebbles everywhere (or love or friendship or football or sunsets).
Write about this one particular pebble (or the friend that broke your heart freshman year, or the sunset that you saw last night, or memory, or place), its meaning to you, the concrete details that shape how you think about it. 6. E xperiment and Resume Templates play . Try out different literary devices and techniques, such as similes, personification, and metaphors. Or experiment with using different sentence lengths strategically. Use repetition, of words, of lines, of phrases. Play with imagery. Many of these devices should only be used sparingly, but, used effectively, they can add surprises and richness to your writing. 7. Learn the difference between revision and editing . You must do both. It's easy as a writer to Exchange Agreement. Home Agreement Sample, focus on spelling errors and sentence structure, rather than making big (painful) changes to our writing. Revision means to look again. You do things like: make sure that your theme and purpose for Resume Template Resume Templates Builder, writing are clear; try out different leads (ways to Jobs Salary,, begin the piece); rethink your conclusion; change the organization.
In editing, a separate stage, we do things like catch run-on sentences, fix errors in punctuation or spelling, or replace overused words and expressions. The Perfect Template Resume And Resume Builder. 8. Read, read, read, and read some more . Exchange Exchange. What all writers have in Resume Builder, common, as far as I know, is that they're constantly reading. They pay attention to their favorite writer's craft and style and try them out in Zoologist Salary, And Education, their own writing. They internalize the beauty and Resume And Resume the utility of the perfect word, the perfect sentence, and the perfect metaphor. A Cover That Will Actually. What are your favorite personal essays?
Whose writing do you turn to as models for your own writing? To learn more about The HerStories Project and its next essay collection about friendship breakups, My Other Ex: Women's True Stories of Leaving and Losing Friends , visit the HerStories website.
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Custom Culture Difference and Ethnicity essay paper writing service. The culture and ethnicity are two terms that have been used synonymously but they are fundamentally different terms. The practitioners have a considerable misunderstanding of the terms as well as their appropriate application. In this paper we examine the concepts of culture and ethnicity so as to The Perfect Template Resume Templates Builder, show their own relationship and their applications in the society. We will further analyze their characteristics, significance and means of preservation and maintenance in the society. Moreover, the paper will compare the cultural difference and Business Rules Vs. Business, ethnicity to identify whether they conflict. Definitions of Culture and Ethnicity. The social scientist have defined culture as complex make up of the actual and the symbolic elements of a given group which include beliefs, mythology, religion, ideas, sentiments, institutions and objects. These elements are passed on from one generation to the next and are internalized by members of the group in differing levels. The culture includes the The Perfect Resume Templates And Resume way members of a group should relate to each other in conformation to Exchange Agreement. Agreement Sample Exchange, the given ethics guidelines, kinship models and the practices of bringing up the young children.
The culture represents a system which is Template Resume Templates And Resume Builder, learned and shared among members who then interpret experiences and proper manners. The system recognizes both personal and group identity and as such their ideas are equally included in the culture systems to be shared and taught (Davies, 2002). On the other hand, an ethnicity shows groups of human populations. Zoologist - Description, And Education! These groups maintain their differences through segregation mechanisms such as geographical and The Perfect Template Resume, social obstruction. Therefore one of these groups is referred to as an ethnic group and may be of a nation, a people, a language or a religion. Zoologist - Description, And Education! There was an earlier definition that defined an ethnic group as a different category of the population whereby its culture is The Perfect Template Resume Builder, different from that of a larger society it belongs. The people belonging to the ethnic group find themselves to have similar ties and bound by common practices as well as ties of race or culture (Davies, 2002). According to O%u201FDell (n. d.), anthropologist Fredrik Barth referred an ethnic group as something that is Rules, extensively biologically self-continuing, shares basic cultural beliefs recognized in their cultural forms, sets up the ground of communication as well as interaction and Resume Template Resume Builder, has a membership which consciously identifies itself, and is identified by others, as constituting a unique category from other groups. Culture Difference and Ethnicity.
The culture difference alone cannot make up ethnicity but requires to be consciously recognized in order to make ethnicity. The fact is To Writing A Cover Letter That, that if a group is The Perfect Resume Resume, not conscious of its characteristics then they cannot make up an ethnic group. Thus there cannot be ethnicity even where a group is very distinct but fails to Vs. Business Requirements, be conscious of Resume Templates And Resume Builder, their unique features. This explains why many indigenous groups which were distinct from each other do not belong to ethnic groups since they were not conscious of their ethnicity. Therefore ethnicity as well as enlistment as an ethnic group requires that the members be conscious of their difference including their cultural differences from other groups as well as the similarities to identify with in their own culture. Thus in the actual sense individuals with different cultures but live without any problems arising from their differences are termed not to Cover Letter, be ethnic considering the proper meaning of the word (Eller, 1999).
The culture difference in itself does not become ethnicity on its own but it has to be taken and used by a group in modern ways so as to make it an ethnicity. The ethnicity normally do not cause conflict but in certain situations and accelerated by particular events, there may be conflict caused by ethnicity. This means that small cultural differences can easily be noticed and contribute to controversial difference in The Perfect Resume Template Templates Builder, ethnicity. However, large cultural difference leaves no doubt to the ethnic groups about the 10 Cashier Job Duties For Resume And Resume Template divide and as such may lead to minimal or no ethnic differences or conflicts (Eller, 1999). It is The Perfect And Resume Builder, apparent that cultural differences causes ethnicity but ethnicity does not give rise to cultural differences. This is because group identity is Exchange Home Exchange Agreement Form Sample Exchange, derived from cultural difference and Resume, failure to recognize culture implies that a group may not be developed. Thus ethnicity exists purely because of existence of different cultures. 10 Cashier Job Duties For Resume | Job And Resume Template! Whenever an ethnicity is being elaborated, it is apparent that culture has to be mentioned.
According to Darder (2005), ethnicity is thought by The Perfect Template Resume Templates And Resume Builder, people to be a segment of population that share a common culture and participate in shared activities which generate from a common culture. This means that ethnicity cannot be divorced from culture and the relationship will always exist. Both the cultural difference and ethnicity are used for identity purposes. However, it is Jobs, important not to be overemphasized because there are other means of identity like gender, class or economic status. The studies of immigrants and refugees have recently concentrated on their culture difference as well as ethnicity of their sources of origin.
The concept of difference brings about ethnicity and culture as observed across the globe. As a matter of fact tourism has been promoted by Resume Template Resume And Resume, culture difference and ethnicity which has improved national economies (O%u201FDell, n. d.). Characteristics of Culture. The most conspicuous characteristic of culture is that it is open to all people who are interested. An individual can be recruited to Resume Resume, a culture by learning its norms, traditions and Resume Resume And Resume Builder, procedures. Moreover, the individual can then share the Accounting Coordinator Template Resume Samples knowledge of the culture and further participate in cultural events thus becoming a full member of the culture. The Perfect Resume Template Resume And Resume Builder! Although it is possible that a given culture is able to can be learnt, it is of absolute importance that an individual is raised from a particular culture so as to understand fully its features and contribute to its improvement. This is because the culture recognizes its members in a mutual process where the members can share benefits as well as contribute to Exchange Exchange, its development and maintenance (Ghai, 2000).
Secondly, the culture is based on tradition and continuity which is passed from one generation to the next. The culture stresses on conservation and continuity of traditions rather than innovation of new culture developments. The conservatism is emphasized to the extent that it sacrifices the creativity power and as such may not expand beyond certain levels (Ghai, 2000). The preservation of traditions and passed to children through stories and teachings, ensure that the culture is maintained for Resume Resume a long term period. - Description, Salary, And Education! The conservatism ensures that the culture is not corrupted with new ideas which may make it to lose its original identity.
Just like culture of Japanese blood' which had been maintained throughout the reigning of succeeding emperors (Weiner, 2004). Moreover, a culture survives mainly through assimilation. This means that a member from another culture is The Perfect Builder, allowed to become its member by simply accepting and distributing its basic cultural factors. This process is a characteristic of both dominant cultures as well as newcomers which allows them to grow and ensure survival of Accounting | Premium Resume Samples, their cultures (Ghai, 2000). The Perfect Resume! Therefore the cultures grow by allowing individuals from other cultures to join in without being barred. Thus the characteristic of non-segregation of other cultures is working positively to the increment of Engineer Letter, numbers of a particular culture which enhances strength and unrivaled continuity (Appadurai, 1996). Furthermore, the culture is Resume Template Resume And Resume, characterized by its difference. It is important that culture requires difference to survive because it is based on diversity whereby several cultures compete and their systems conflict causing a genuine importance of culture. This difference is Business Vs. Business Requirements, important so as to be able to And Resume Builder, distinguish separate persons as far as culture is concerned. There are states that are only identified by Business Vs. Business Requirements (features), their culture which is different from other cultures. Therefore it becomes apparent that there will be no development of one culture in the entire world because if developed, there would be no difference which means a total death to culture (Ghai, 2000).
Thus diversity and Resume Template Resume And Resume, differentiation in cultures are crucial elements for continuity. Characteristics of Ethnicity. The major characteristic if ethnicity is that each ethnic group has unique cultural traits. Since an ethnic group belongs to For Resume And Resume, a larger society, they can only be identified with their unique cultural set of Resume Builder, traits. Jobs! Therefore an ethnic group has some unique character traits that put them aside from the entire society. However, for the character traits to make up an ethnic group then they should be of fundamental features of social life including language and The Perfect Resume Templates, religion. This means that we may need further qualification of Zoologist Salary, And Education, ethnicity in an event we have a character trait like a profession which is not fundamental (Marger, 2008). The second characteristic is that ethnicity has a sense of The Perfect Resume Resume Templates And Resume Builder, community.
This is in addition to the unique cultural traits in that they are conscious of their membership to the ethnic group. This is the awareness of - Description, Salary,, being closely associated with particular ethnic group. This sense of belonging to a specific ethnic group is derived from the fact that individuals believe to share a common ancestry or heritage. It is normal to realize that whenever individuals share a common origin they tend to come close together and create a comfort zone for themselves whiles caring more to each other as compared to the general public. This congregation is a characteristic of ethnic groups which can go to the extent of defending their ethnic kinsmen from any external disturbances. However, it is not necessary that they belong to a common ancestry but as long as they recognize themselves as an ethnic group is sufficient (Marger, 2008). Another characteristic of an ethnic group is the ethnocentrism which is the tendency to judge the other groups by the standards and values of their own group. This judgment creates a general assumption that one's ethnic group is Template And Resume Builder, superior.
With this character, a group will view its own ways to be the Exchange Agreement Sample Exchange correct while for the other groups to be odd and immoral. With the feeling of superiority as a basis an ethnic group will develop solidarity to foster its cohesiveness among its members. However, this characteristic has a negative effect in that it can create animosity and conflict between different ethnic groups (Marger, 2008). This is the characteristic that brings about racism among communities in terms of their color or any other characteristic. In South Africa, ethnicity brought about racism among the black and Templates And Resume, the white ethnic groups which causes them to mistreat each other. Agreement. Home Form Exchange! In the movies District 9 the black South Africans was being mistreated by the white during apartheid period being referred to as thrash-eating vermin and loathsome which was not actually true but rather accelerated by The Perfect Resume Template Resume Templates Builder, racism (Schürholz, 2010). Moreover, in ethnicity there is an ascribed membership. This means that membership to a particular ethnic group can be achieved ordinary through birth and it may not be subject to change. Once an individual is born in certain ethnic group it may be difficult to Business Rules Vs. Business Requirements (features), change to another ethnicity unless under abnormal circumstances. The circumstances may include outright denial and changing of names to suit the outward ethnic group which may not be any easy. The actual fact is that when an Templates Builder individual is growing up they learn a lot about their ethnic group as well as others up to a point that they appreciate their own group and accept just like accepting one's gender.
Those aspiring to change their ethnicity usually are not permitted fully by the members of Zoologist - Description, Salary,, ethnic groups and may sometimes be considered to be outcasts. However, there is room for salient change of ethnicity which may happen in marriage across two ethnic groups (Marger, 2008). The last characteristic of ethnicity is that a particular group occupies specific territory within the larger population. An ethnic group is usually concentrated in a region. An example is Welsh and Scots concentrated in Britain whereas Flemings and Walloons in Belgium. With this territorial occupation, an ethnic group is able to maintain a political status as a group which is formally recognized. This is because they could occupy a large territory which gives them a large bargaining power due to their concentrated nature. There are situations where the members of a given ethnic group do not settle in a specific geographical territory and The Perfect Resume Resume Templates, fail to maintain culture such as language.
In these cases the ethnic identity could be lost and cultural ways dominant groups assimilating scattered ethnic groups. An example is the United States where ethnic groups are dispersed throughout the society leaving no dominant ethnic group (Marger, 2008). Significance of Culture Difference and Ethnicity. The ethnicity is not fixed but rather a variable in which the characteristics displayed by a given group are at Business Rules Vs. Business Requirements, varying degrees. The importance of Resume Template Templates, ethnicity and culture difference makes people to work hard to retain their identification (Rosdahl Kowalski, 2007). Ocean Engineer Cover Letter! The importance of ethnicity and culture is that individuals can be associated to a particular group and through it are able to be easily accepted in Resume, the mainstream of the Rules Vs. Business (features) society. Resume Template Builder! There is a high bargaining power for an ethnic group compared to a situation where there is Accounting Coordinator Template | Premium Samples, no group to The Perfect Resume Resume Templates And Resume Builder, be associated. It is important to note that ethnicity is Rules, used as a basis of ranking where individuals are rewarded according to The Perfect Template Resume And Resume, the status of Business Rules (features), their ethnic groups.
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