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belly dancing thesis Naming the Dance. Scholarships Do Not. What to call this dance is perhaps the most contested issue in the American-Middle Eastern dance community.1 The employment of different names sketches out the complex issues of club essays how the dance has changed over time and what it means to its practitioners and society. When I write about the Middle East and the United States, I am, of scholarships need essays course, referring to incredibly diverse cultural areas with fluid and height essay, malleable boundaries. Scholarships That Do Not Need. Each region, country, city, and sometimes, even sections of a city has its own dance style. The debate in part lies in the capitalist, postcolonialist, and Orientalist power structure of and dying arbitrarily marking geographical areas into the East and the West, in which the Occident (the West – Europe and the United States) traditionally tries to hold authority over the Orient (The Near and Far East). The conception of Middle Eastern dance resides in scholarships do not need essays, this differentiation and mixing of the East and West. The name I am looking for needs to encompass a variety of dance forms found in a huge geographical area that have close ties and complex interrelationships of history and and dying, cultural traits. The Middle East includes countries include: Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Syria, Tunisia, United Arabs Emirates, and Yemen and may for some include Afghanistan and parts of that need Central Asia. Further problems arise when trying to incorporate into the name dances found in various other locals such as the United States, Germany, England, and Australia, which are derived from the Middle East. How To Write. In these transposed homes, the dances have gone through translations and transformations such as blending of regional styles and the addition of forms such as Modern, Jazz, and Ballet. Scholarships That Need Essays. In the Middle East, there are several genres and styles of dance.
Today, the most known is the professional solo female dance, generally called in Arabic Raks al-Sharki (Dance of the East/Orient) and, or Raks al-Arabi (Arabic Dance). The dancer may wear costumes including the bedlah (two-piece outfit), gowns, and beledi (one-piece folkloric outfit) and wuthering height, may perform in many venues such as concerts, clubs, restaurants, parties, weddings, and mawalid (Saint#8217;s Day Festivals). Raks al-Sharki , often employed by Americans when using a native term, is controversial in itself. It’s usage by Arabs can be read as a trace of colonialization in which Middle Easterners are still using Western geographical markers to scholarships that need essays define themselves. Essayons. Thus the question arises, East of where? East of Europe and the United States. Amara performs Raqs Al Assaya in. Folk dances, like Raks al-Sharki, are performed by do not need, professionals and non-professionals. Though there are scores of folk dances, setting contexts, and costumes, they can generally be placed into two categories. Club Essays. Under the first, Folk dance, there are the multitude of styles found in various villages and tribes such as Debke , Khaleegy , Raks Al Assaya , and Schikhatt , only to name a few.
The second, Staged-Folk (the word I generally use) or Folkloric dance, was developed in parts of the Middle East during the late 1950s, early 1960s. Some people, such as Egyptian choreographer, performer, and teacher, Viviane Hamamdjian (who now resides in that do not need, Los Angeles), do not call this Staged-Folk dance, just Folk dance. There are many distinctions between the Folk dance and the Staged-Folk Dance such as: context, content, usage of space, number of participants, choreography where there may have been improvisation, lighting, changes in costuming, and addition of ballet moves and essays, theatricality. That Do Not. Mahmoud Reda was one of the first to present Middle Eastern folk and village dances on stage, in Egypt, 1959. According to Farida Fahmy, principle dancer: #8220;Prior to the extensive field research undertaken by Mahmoud Reda in 1965, and before the introduction of these dances to the public through his work, the majority of Egyptians and wesley ross, Europeans were unaware of the various dance traditions that existed (and still exist) in which women do participate [and I would add men as well].#8221;3 Reda did not try to recreate the dances, but #8220;were his own vision of the movement qualities of the Egyptians;#8221;4 a representation and not necessarily the actual dance found in the village and scholarships that do not need essays, tribe. Since then many National Folkloric troupes have formed. Wuthering Theme Essay. Staged-Folk dance also developed at a time when many Arab nation-states were becoming independent and breaking away from European colonialization. These dances and dance companies were employed by that need, many governments as a means to decolonize themselves by going back to “tradition.” Staged-Folk dance, often combining Folk dance, Ballet, and European theatricality, also helped present a unified national culture on an international stage by bridging a gap between the masses and the elite. According to Fahmy: #8220;The elite and upper classes of Egypt typically expressed embarrassment toward their native dances in height theme essay, general and towards belly dancing in particular.
One of the causes of embarrassment is the impact the that do not West has had on Egyptian culture. Many of the essays educated Egyptians to this day aspire to, and imitate the scholarships do not Western way of life.#8221;5 Today, both Raks al-Sharki and ap english and composition essay, Staged-Folk dance blend elements from each other and in fact, performances often have a demonstration of the other. In the Middle East, Ballet took over sixty years to stand on its own merits. Though, Giselle , the do not need essays first ballet in Cairo, was staged at The Cairo Opera House in 1882,6 there was not a state sponsored school until the mid-twentieth century.7 Metin And writes: in Turkey, #8220;In 1947 Dame Ninette de Valois of British Royal Ballet was invited by essays, government to set up school in the State Conservatory of Music and Drama,#8221;8 now the Ankara State Ballet. Scholarships Do Not Need Essays. #8220;In the 1965/66 season, the first large-scale ballet ( At the Fountain ) was set to how to write context music by a Turkish composer, Ferit Tuzun#8230; was choreographed for the company by de Valois using elements of Turkish folkdance#8230;. In 1968, for the first time, the company performed a ballet ( The Wheel ) by a native choreographer, Sait Sokmen.#8221;9 Today one can find numerous ballet companies. Modern dance is a very late comer but can also be found all over the Middle East including the RAMAD troup (founded by Lawand Hajo in that do not, 2001, Syria), Modern Dance Turkey (founded by Beyhan Murphy in1992), and Anat Daniel (founded in 1993, Israel). Outside of dance for dance#8217;s sake or dance for entertainment, there are also a number of Middle Eastern movement events which center around trance and states of ecstasy, such as the essay Turkish Mevlevi/ Whirling Dervishes, the scholarships that need Egyptian Zar, and the Moroccan Guedra.10 With regards to these events, many Westerners implement an etic viewpoint of: #8220;[j]ust about anything that cannot be classified as #8216;ordinary#8217; movement can be, and has been called #8216;dancing.'#8221;11 But from an emic angle, specifically for the Sufis, these rituals are not seen as dance: as explained by paper places, Katib Celebi (1609-57) (via Metin And): #8220;The orthodox Ulema have classed those whirlings as #8216;dancing#8217;, and have pronounced it forbidden#8230;. The Sufis begin by need essays, saying that the definition of fight essays dancing is not applicable#8230;. The cyclic motion is a form of that need motion#8230;.#8221;12 By not naming it dance, the participants attain an amount of religious acceptance. Research Smoking Places. The same idea can be seen in the recitation of the Koran and the call to prayer.
Many musicians outside of the culture call it music, but for those of the that do not need religion it certainly is not music. In these circumstances, I replace the word dance with movement for smoking places these settings in question.13. Most Americans outside and inside of the American-Middle East dance community call it Belly dance. Currently, there are two versions of scholarships that do not need essays how the phrase Belly dance originated in the United States. The one, which holds most validity, is that Sol Bloom coined the term based on the translation of the French term danse du ventre the dance of the research paper public stomach.
Ibrahim Farrah deduced another theory. He believed Belly dance is #8220;a corruption of the Arabic word, beledi,#8221;14 an Egyptian term for people living in scholarships that essays, the villages and, or lower class citizens of the cities. Shira writes that it is only a coincidence that beledi and belly sound alike and wuthering, was in fact coined by Sol Bloom.15. A main contention with the name Belly dance is its history and growth out of Europe#8217;s romanticized, exoticized, and colonial rule of the Middle East. For example, although dancers were from a variety of countries, the dance was placed under one name: danse du ventre /belly dance. This term does not take into account the vast styles, genres, and names present throughout the Middle East. Do Not. The term can also be read as depreciating and paper smoking public places, dissecting the performers by focusing on a scandalous body part, the stomach.
Westerners discounted that Middle Eastern dance, like any dance, uses all parts of the body. And by emphasizing one body part, the performer’s body becomes dismantled, further objectifying the dancer by that do not essays, removing any sense of individuality and legitimacy. Through the power of renaming and homogenizing the different styles under one heading, Europeans took control of the dances. At the turn of the century, danse du ventre /belly dance referred to what is today considered folkloric or ethnic dance. Today, it generally stands for the cabaret, solo female club, and restaurant dancer ( Raks al-Sharki ). From the images given to the public by the male gaze and mediated through mass media, the term Belly dance conjures up the image of a voluptuous woman (large breasts and hips with a small waist), wearing a glittery two-piece costume, moving her body in a sensual, if not a sexual manner, to exotic music. It also brings with it connotations of a woman dancing to entice men and has no other value. This power and 2007 ap english language essay, control created such a strong stereotype that many people still consider Belly dance to be the only dance form in the Middle East. As contemporary dancers are left with this confusing legacy and legitimacy, some discard the scholarships that do not essays term Belly dance because of its history while others embrace it because of its usage by the general public. A more contemporary is Oriental dance or Danse Orientale . On Death And Dying Essays. This term attempts to cover Cabaret (solo style)16 and Folkloric styles.
Its wide spread usage was due mainly to Farrah who in the dance magazine, Arabesque , repeatedly called others to abandon the term Belly dance. That Do Not Need. To show his impact, in write, a 1977 issue, Farrah writes that since the magazine began in 1975, the frequency of the essays use of the term Belly dance in advertisements had decreased from 70% to 30%.17 The name Oriental dance has many problems due to its various meanings. Smoking Places. One of them, brought up writer Morroe Berger, is that need, that it is #8220;a label apparently designed to lend modesty by shifting the point of reference from anatomy to geography.#8221;18 Second, the Orient can include the geographical regions of the Middle East/Near East and the Far East. Third, it does not take in account the power of the West naming something in the East and continues to denote #8220;the high-handed executive attitude of nineteenth-century and early-twentieth century European colonialism.#8221;19 But what Oriental dance does represent is the beginning trend of American-Middle Eastern dancers debating terminology. By this point in time, American styles of Middle Eastern dance were well established and the debates marked the beginning of finding a source of power through self-definition. I generally use Middle Eastern dance (the term Near East is also applicable here but is essayons wesley ross, not as widely utilized) to connote the dances and movement events in do not need, and from the vast Middle Eastern region. Like the previous terms, this one also has its difficulties.
First of all, once again Middle Easterners did not create the name. Secondly, geographically it may exclude the dances found in other countries while continuing the Western homogenizing of this area. Thirdly, when one says Middle, the question arises again, the Middle of what? The term continues to on death and dying place the scholarships essays West at the center: the Middle East as a region between Europe (West) and the Far East. I will not deny that Americans are taking, appropriating, assimilating, usurping, consuming, and manipulating dances and ideas for their own needs and and dying, creativity. But at scholarships do not need the same time, there is a sense of power for the American-Middle Eastern dance community to theme self-name and self-define. Here dancers are wishing to define their own way against the male colonialists#8217; representation. Though Patricia Hill Collins writes that Black feminists can find strength and power by that do not, re-labeling themselves, this could be said of any group. She writes: #8220;[b]ecuase, self-definition is key to individual and group empowerment, using an epistemology that cedes the power of self-definition to other groups, no matter how well-meaning, in essence perpetuates Black women#8217;s subordination.#8221;20. For the dance styles found in the United States, I use American-Middle Eastern dance. This term refers to styles, contexts, and expectations, which differ and research smoking public, overlap with the dances found in the Middle East.
Because the dance has been taken out of context and influenced by scholarships need, individual needs and power relations between the East and West, it has formed its own identity. (This can be seen in not only comparing the dance styles but in also how the paper public places American styles impact the Middle East). In the past hundred and twenty years, American-Middle Eastern dancers have built their own culture with a foundation in Orientalism, Feminism, ethnic diversity, innovation, and preservation. The community has created its own rules of performance, unique styles, and authorities. Scholarships That. Distinct, and yet related to the mainstream stereotyped image of the Belly dancer, the community has also designed its own stereotypes, which are commodified and sold to on death and dying the general public and scholarships that essays, its participants. This representation of a dance for women, by women, concerning women#8217;s issues, is continued through teaching, writings, videos, and performances. Context. Amara in #8220;An Evening of Experimental Middle Eastern Dance#8221; In the United States there are many styles of Middle Eastern dance: Folk dance; Staged-Folk dance; solo female style (cabaret/Raks al-Sharki), and hybrids. Because this is a transplanted art form, the majority of the American Cabaret dancers blend regional styles together and do not need, create hybrids with Jazz, Ballet, and, Modern. Though most professional dancers have their own distinctive individual styles, the how to context American-Middle Eastern dance community has produced unique genres.
Besides a solo, female cabaret style now known as American-Turkish, another, originally called California Tribal, American Tribal Style (ATS) maintains the American eclectic manner. Growing out of the that do not need influence of write context Troupe Bal Anat , directed by Jamila Salimpour in scholarships that essays, Californian Renaissance fairs during the language synthesis essay 1960s and 1970s, this style in the past fifteen years has been re-popularized by the San Francisco group Fat Chance Belly Dance and has since blossomed into a national phenomenon. American Tribal is similar to American Cabaret in that both are a conglomeration of different styles and creative elements. Scholarships That Do Not Essays. The difference comes not only in music choice but also in basing the context costume in historical wear or tribal outfits and the avoidance of glitzy cabaret material. Fat Chance Belly Dance has standardized the costume with their usage of coins and tassel belts, Indian cholis , vests, full skirts, large North African and Afghani jewelry, turbans, and North African facial tattoos. Part of this genre#8217;s appeal is that many women form groups, which are not necessarily about performing in public or making a living. Rather, they are often about building unity through shared experiences and do not need, movement. For some there is also a connection between Tribal style and wesley ross, the more spiritual side of scholarships that do not dance. Once again, not necessarily a public performative style, it is about getting in on death, touch with oneself, nature, and, or looking for a goddess/matriarchal past (in hopes of finding that there was and will be a non-patriarchal society). In the past few years, ATS has expanded its definition to scholarships do not include styles such as urban tribal, fusion tribal, and and dying essays, cab-tribal. A new and emerging form of scholarships that do not need essays dance is experimental Middle Eastern dance with its many offshoots such as fusion and Gothic belly dance.
Though it has roots in traditional forms and theme, styles of Middle Eastern dance, it strives to explore new spaces. Unlike fusion that generally takes two styles of dance and seamlessly putting them together (like Flamenco and Arabic dance), experimental Middle Eastern dance explores and pushes what Middle Eastern dance is and can be. Dancers investigate the boundaries and barriers of the dance by playing with choreographic and improvisational structures, music, movement, and costuming. Experimental Middle Eastern dance takes the experimental processes found in all Middle Eastern dances and puts them out for all the see. Do Not Need. As I explore the various styles and on death and dying essays, names of Middle Eastern dance, I learn about the historical and social usage of the dance in a variety of cultures. By considering how people employ and define themselves and others, I see how the act of naming is scholarships that essays, a powerful tool. It is an act, a motion, a declaration that has various political and socio-economic implications. There is no correct word or name.
And that is what I think is amazing about this dance. Its fluid and changing nature allows it to cross over temporal and geographical boarders. By tracing its name, each of us can discover where we dance in large historical, social, and political contexts. 1. See Farrah 1977b; Forner 1993; Stone 1991; Carlton 1994; Buck 1991. 2. Nieuwkerk 1995, 47.
6. Saleh 1998, 496. 7. See Saleh 1979b. 10. The Zar was outlawed in Egypt in 1983, and 1992 in Sudan. The Mevlevi sect was banned September 2, 1925. How To. 13. Scholarships Essays. Kaeppler, 88-90. 14. Farrah 1977b, 3. 16. How To Context. Many Middle Easterners consider cabaret to do not need be a low class term. 17.
Farrah 1977b, 3. 18. Berger 1966, 43. 21. Forner 1993, 48. Citation from: Stebbins, Robert. (1979). Amateurs: On the margin between work and leisure. Beverly Hills: Sage Publications. Synthesis. And, Metin. That Do Not Need Essays. (1976). A pictorial history of paper smoking public places Turkish dancing: From folk dancing to whirling dervishes, belly dancing to ballet. Ankara: Dost Yayinlari. #8212;#8212;#8212; (1998).
Turkey. In Selma Jeanne Cohen (Ed) International encyclopedia of dance: A project of Dance Perspectives Foundation, Inc., vol. 6 (pp. 208-213). New York: Oxford University Press. Berger, Morroe. (1966). Scholarships Need Essays. The belly dance. Horizon, 8(2): 42-49. Buck, Elizabeth Ann. (1991).
Rakkasah: An American Middle Eastern dance festival. Recreating and re-creating self through the other. Master thesis, University of California, Los Angeles. Carlton, Donna. Club Essays. (1994). Looking for Little Egypt. Bloomington: IDD Books. Collins, Patricia Hill. (1991). Need Essays. Black feminist thought: Knowledge, consciousness, and the politics of empowerment. New York: Routledge. Fahmy, Farida (Melda). (1987).
The creative development of Mahmoud Reda. A contemporary Egyptian choreographer. Master thesis, University of California, Los Angeles. Farrah, Ibrahim. (1977b). Smoking Public. Editorial: Belly dance vs. Oriental dance. Arabesque, 2(5): 3, 6. Forner, Michelle L. Scholarships That Do Not Essays. (1993). How To Write Context. The transmission of oriental dance in the United States. From raqs sharki to #8220;belly dance.#8221; Master thesis, University of scholarships that do not need California, Los Angeles.
Kaeppler, Adrienne. Structure movement systems in Tonga. In P. On Death And Dying. Spencer (Ed.), Society and do not need essays, the Dance (pp. 92-118). Cambridge University Press: U.K. Nieuwkerk, Karin van. Ap English And Composition Synthesis. (1995). #8216;A trade like any other.#8217; Female singers and do not essays, dancers in ap english language and composition synthesis, Egypt. Austin: University of Texas. Osweiler, L. (Amara). (2005). “A Theoretical Introduction to Dancing on the Fringe: Connections Forming An Evening of Experimental Middle Eastern Dance .” Paper presented at Dance Under Construction University of California Graduate Cultural Dance Studies Conference, Los Angeles, CA. Said, Edward W. (1978).
Orientalism. New York: Pantheon Books. Saleh, Magda Ahmed Abdel Ghaffar. (1979b). Dance in essays, Egypt A quest for identity. In Patricia A. Rowe and ap english, Ernestine Stoldelle (Eds.) Dance Research Collage. A variety of subjects embracing the abstract and the practical (pp. Scholarships That Do Not Need. 214-218). New York: CORD. #8212;#8212;#8212; (1998).
Egypt. In Selma Jeanne Cohen (Ed) International encyclopedia of dance: A project of Dance Perspectives Foundation, Inc. vol. 2 (pp. 481-499). New York: Oxford University Press. Shira. (n.d.). Fact or fantasy? Retrieved September 12, 1999 from the context World Wide Web: http://www.shira.net/debunking.html. Williams, Drid. (1991). Ten lectures on the theories of the dance. Metuchen, N.J.; London: The Scarecrow Press, Inc.
Amara is featured in several of IAMED#8217;s productions which are available in the IAMED store, such as: Producers of the Best Belly Dance Videos in the World! The Art of Belly Dance is a registered trademark of need essays The International Academy of wuthering height theme Middle Eastern Dance and Suzy Evans.
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As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. Scholarships Do Not? 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 the world.
At which point Coris determined to research smoking sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in scholarships need essays, New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and how to context, motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from need essays, Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan.
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The purpose of how to write venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for that do not essays him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and context, Three (The Blender) on scholarships that do not need each is my initial perspective on how to proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the club, six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on that need 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 fight club personal jurisdiction defense ruled moot vs. exists and that do not essays, viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.
[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of club analysis. Therefore, the time to scholarships essays be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to fight continue applying the Steps to all six, from this point on I shall work on scholarships that need each question to completion before going on to the fight essays, next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is do not need, overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and paper smoking public, grounds for waiver thereof overrides. 4 = Rule re discovery of that do not 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 essayons be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the scholarships do not need, others, Step Three is unnecessary as an 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 2007 synthesis essay, law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. Scholarships That Essays? No reason apparent not to wesley ross 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 scholarships that do not need essays, 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 on death and dying, action arose. Transitory has been defined to mean that the do not need essays, transaction that is the subject of the action could have occurred anywhere. Coris' fall and the destruction of the club essays, 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. Essays? (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 research trying the scholarships do not need essays, action in New York County. 2007 Ap English And Composition Synthesis? 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 shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence.
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 scholarships lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of club essays personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of scholarships need 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 the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is essayons ross, after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of that do not need essays lack of personal jurisdiction would be deemed waived on on death essays appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Scholarships Do Not Need Essays? Confidential communications between husband and wesley ross, 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 scholarships do not essays indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential.
Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the research paper smoking public, husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on that do not essays the party served to ap english language and composition acknowledge the existence of facts that are not in do not need essays, doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an admission to places 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 that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on scholarships that do not need essays the merits of a claim or cause of research public action generally precludes reassertion of that claim or cause of action in that do not essays, 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 the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on how to context the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in scholarships need, its bylaws and articles of incorporation) of write manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the that need essays, total value of wuthering essay RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to scholarships essays forty million dollars. Flush with their success and essays, invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of that do not need profit wherever it might be found. Ap English And Composition Essay? The brothers held the chief executive positions in the corporation, as well as a majority of scholarships do not need seats on the board of directors.
They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of write RIPCORP against the corporation and scholarships that need, the Bottomline brothers personally to gain access to essays the books and scholarships that do not need essays, records, to research paper smoking block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of scholarships that do not need essays 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 the board of directors, and failure to state a cause of paper public places action. 2) RIPCORP moved in the alternative that the do not need essays, court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the on death essays, 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 do not need essays, motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). On Death Essays? Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to scholarships that need inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on write behalf of the corporation to that do not need essays procure a judgment in favor of the essayons, corporation.
The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and that do not, 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 essayons wesley, demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of scholarships essays derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the wesley ross, 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 a direct action by the corporation, or a derivative action on behalf of the scholarships that do not essays, corporation, or for amounts paid in settlement thereof. 2007 Language Essay? The director may, however, be indemnified against expenses of need 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 essays, directors for even the scholarships that, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is wuthering height essay, shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the 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 do not essays, sentence immediately preceding the motions reflects three ultimate objectives of essay Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions.
Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to that overriding premises.
In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in wuthering height theme, the preceding sentence . The facts in the first two paragraphs need only scholarships need, be considered for 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 a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to the writing phase .] Preview of write a logical sequence for discussion €” No reason apparent for not proceeding chronologically.
Lack of scholarships that need standing/failure to state a cause of on death and dying essays action. Generally, a shareholder may sue the scholarships that need essays, 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. 2007 Ap English Language Synthesis Essay? 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. Scholarships That Do Not? Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and club, 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 five percent of do not need essays any class of wuthering height theme outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of need shares. Smoking Public Places? However, she has been a stockholder of record since the initial offering, over that essays two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the paper smoking public, corporation, and sometimes acts within the purposes and scholarships that need, powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders.
Moreover, the corporation may recover damages from the officers and/or directors (present and theme essay, former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an 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 scholarships need essays, 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 context, 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 scholarships that need essays minimize the possibility of derivative actions without merit being brought merely for essayons 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 scholarships that outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering.
Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the very beginning of the 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 policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of fight club essays defending the action, unless, inter alia, he is adjudged to scholarships that need have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to height essay indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the need essays, officer/director is fight, shown. [Given this much legal preamble, it seems appropriate to begin the do not, analysis in a new paragraph.] M's action is in height theme essay, part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against.
The facts are unclear about whether the resolution indemnifies against expenses of defending against the action. Scholarships Need? 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 research paper smoking public places their duty to exercise reasonable care, if not a violation of scholarships that do not their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in wuthering theme, a pattern of scholarships need essays divers schemes wholly unrelated to wesley ross 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 scholarships need, the facts suggests deliberate dishonesty or unlawful gain on fight club essays the part of any RIPCORP director/officer that would preclude the scholarships that do not need, purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against ap english and composition synthesis essay judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to scholarships that need essays 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 paper smoking public 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 bequeath the rest, residue, and remainder of scholarships that need essays my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. 2007 Ap English Language And Composition Essay? One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000.
5) S, the son of scholarships that need essays Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of on death essays who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is scholarships that do not, 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 legatee takes nothing. Death of theme a beneficiary €” A disposition to a beneficiary who predeceases the that do not, testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to write context beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Scholarships That Do Not Need Essays? Such surviving issue will take the 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. On Death And Dying? This is scholarships need, so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.
Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the language essay, prior will by implication. A will may further be revoked by means of its physical destruction. Scholarships That Need Essays? Such destruction, however, must be accompanied with the essayons ross, intent and for the purpose of do not need revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from 2007 ap english, 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 that do not, nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to ross a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in do not essays, 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 valid and paper smoking public places, controlling. Do Not? Each will likewise seek to paper smoking 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 scholarships need essays, confusing to try to sort them out at this point. Better to focus on one conflict at fight club, a time in the writing phase. Scholarships That? Possibly there will be overlap of how to premises/discussion.] Step Three €” [Having declined to set forth the scholarships need, premises of the various parties in wesley, 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 that do not essays a per stirpes witness, S, to take may be an paper places interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Scholarships That Need Essays? Therefore, beginning with B v. Z would seem to make sense.
B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. Wuthering Height Theme? 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 scholarships do not, so despite the essayons wesley ross, fact that the will so republished may have been invalid for want of testamentary capacity at the time of need 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. Essayons Ross? There being no evidence to the contrary, the do not need, fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the essayons, 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 that essays the purpose of revoking the essayons ross, will. The circumstance that the original copy of the that do not essays, codicil was destroyed inadvertently in 2000 is thus of fight no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the scholarships do not essays, 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 fight essays, not in scholarships that do not need, existence or not in paper, the possession of the testator when he dies. That Need? When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to write context be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to scholarships do not need a beneficiary who predeceases the testator ordinarily lapses.
By statute in essayons ross, 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 stirpes . Scholarships That Do Not Essays? Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in fight, probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to do not take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate.
NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to how to write 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 having the will probated is do not need essays, compromised. Y, however, not S stood to take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and essayons wesley ross, garner an that need essays 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. Research Places? (See p.75.)]
Conclusion : Y, having predeceased T, will take nothing. Scholarships? However, Y's intended legacy will go to the son, S, per stirpes . Ap English Language And Composition Essay? 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 scholarships essays, probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to 2007 language and composition synthesis essay two first year classes by scholarships that do not, 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. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and on death essays, 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 do not need essays, 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. On Death Essays? Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at scholarships that essays, the end. Wuthering Theme? LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and do not need, 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 essayons ross examination booklet consisting of that do not need essays 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions. Essayons? If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to that do not need essays 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 ap english language synthesis Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and scholarships that do not, spelling.
2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and on death, leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and do not need, mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Research Smoking Public? Do not staple the scholarships need essays, answer sheet for Part II to theme 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 do not essays, the separately designated boxes. All examination booklets must be turned in. You must write your identification number on 2007 language essay 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. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the scholarships essays, following:
1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to wesley the date of need its decision in essays, International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by 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 scholarships that, this State; (d) owning, using or possessing any property situated in how to write context, 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 registered mail, return receipt requested, to that essays the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of and dying essays 45 points. That Need Essays? They are not of equal weight.
A. You are now an associate attorney in essayons, a law firm. Respond fully to scholarships do not essays the following memorandum from one of your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to 2007 ap english language and composition the shop in Swabia. Isolde was raised in Prussia and scholarships that, lived there with her parents until June, 2003, when she moved into wuthering height theme an apartment in Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of do not need essays First Commercial Industrial Bank of wuthering theme Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the bank would do well to procure their business. 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 scholarships do not need, loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in and dying, the State of Prussia. Scholarships That Need Essays? 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 paper public places, the law of Prussia and do not need essays, that it was to be repaid in two years.
Due to financial difficulties, Tristan and Isolde made only club essays, 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 scholarships that, registered mail, return receipt requested, to her at the shop in essays, Swabia. On May 15, 2005, after Isolde failed to that need respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the how to write context, judgment against Isolde with the United States District Court for the District of that do not Swabia.
In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in essay, a bank account in Swabia. First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to essays me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in 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 behalf of First Commercial served Isolde in and dying essays, her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is scholarships that essays, unquestionably valid and is enforceable in both Swabia and write, Bavaria. Please discuss fully whether you believe that assumption is scholarships essays, valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is and dying essays, 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 statement of R ule, and that need, the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of essay premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time).
Richard's model response in scholarships do not essays, 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 wuthering theme essay, the opening paragraph, federal diversity statute in the next — to assist the professor in scholarships that, recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by and dying essays, Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to do not essays hear this case based on wuthering height theme essay the diversity of 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 time at which jurisdiction must either exist or not. At most, one can deduce that the do not need, suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in language and composition synthesis, Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of scholarships that 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on 2007 ap english language essay her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of that do not need essays citizenship and thus no subject matter jurisdiction. However, if Isolde is language essay, 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 exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack.
However, it is do not essays, more likely than not that the court will find that Isolde did move to Swabia with the intent to wuthering height essay 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 scholarships need, 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. Height? 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. Do Not? Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B. Fight Club? The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the scholarships do not need essays, District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in essayons wesley ross, Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of scholarships that do not domicile. Even though the contract included a choice-of-law provision applying the 2007 language synthesis, laws of Prussia to possible disputes, that is scholarships that do not need, not the same as a consent provision. Essayons Wesley? [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 scholarships that do not need, same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision.
Mistakes of this type may be attributable to fight club sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. That Essays? Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the 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 context the basis of the first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for do not relief, the $100,000 breach of contract, arises from the ap english language and composition synthesis essay, 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 that do not need the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at and dying essays, the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of do not essays 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 construction of the and dying, statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem.
The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in scholarships that do not need essays, delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and club, that he immediately took them to the bank. 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 life, liberty or property without due process of 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 need, International Shoe: jurisdiction is constitutional only if the cause of action arises from the essays, defendant€™s minimum contacts with the forum, such that the that need essays, assertion of and dying jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by need, 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 on death and dying essays, 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 that do not essays, documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the smoking public, contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the scholarships need, fairness factors, defining €śfair play and substantial justice,€ť articulated in essayons, 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 travel to a nearby state where she lived most of her life and where she sometimes appears to scholarships do not give lectures. The interest of the research smoking public, forum state in scholarships do not, adjudicating the dispute would be well served because of the choice of law provision; Prussia has an research paper interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on that need essays 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 essayons wesley ross, length personal jurisdiction, subject matter jurisdiction, and service of that process in the enforcement proceedings in on death and dying, Swabia and do not, Bavaria. Such discussions reflect a lack of paper public knowledge of our classwork on Assignment 27, a failure to read the that do not need essays, Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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The Only Way to scholarships that need essays Save “Indie” Is to Eliminate That Outdated and Implicitly Racist Term. The comebacks of many flagship 2000s bands show it’s time to eliminate this outdated, insular, and implicitly racist term. Photo illustration by Slate . Photos by Getty Images. After a four-year hiatus, the essayons, Portland, Oregon, group the Decemberists opened its new album in January with a characteristically theatrical move. In a curtain-raiser called “The Singer Addresses His Audience,” frontman Colin Meloy sings, “We know you built your life around us/ Would we change?
We had to change, some.” Carl Wilson is Slate ’ s music critic. As Meloy explained in interviews, “That was my imagining the viewpoint of a singer in a band.” Which sounded a bit like O.J. Simpson imagining he “did it”a rather timid leap for scholarships need a songwriter known for epics about essayons, pirate ships and scholarships essays, forest queensuntil Meloy clarified he meant “a boy band.” It seems supremely “indie” to assume that even if you’ve had a Billboard No. 1 album (on a major label, no less), conventional pop stars’ experiences are utterly alien to you. Yet perhaps Meloy was being coy: In the latter half of the 2000s, his band commanded a devoted audience given to costumes, fan art, and mass sing-alongs.
The scene was a bit like a One Direction tour crossed with LARPing. So the reconstituted Decemberists may well have wondered if their fans were prepared to let them change, or if the 2007 ap english and composition synthesis essay, less manic sounds and that essays, more mature concerns of their new album would draw a “WHAT ABOUT ZAYN ?” kind of backlash. Other music listeners might ask if bands of the Decemberists’ vintage can change enough to feel pertinent in 2015. 2007 Language Synthesis! A decade ago, music blogs, film and need essays, TV music supervisors, Pitchfork , and other new media outlets boosted “indie” to a rare visibility. Now, many of those acts are returning from long absences to quite an research paper smoking places altered atmosphere. Early 2015 saw new albums by Sleater-Kinney and scholarships that do not, Belle Sebastian, after 10 and five years respectively. Write Context! Late March and early April have brought releases from Modest Mouse (after eight years), Death Cab for Cutie (four years), and Sufjan Stevens (five). These never really were artists you could lump together easily, but for years they seemed to get by with “indie” or “indie rock” as an scholarships essays umbrella. Context! Many people still use these terms, but what do they mean today?
The distribution shifts that enabled the that essays, indie boom of the 2000s have only multiplied, divided, and subdivided since then. Artists break out on YouTube, Twitter, Facebook, Vine, and Instagram, then market themselves there, directly to fans, no matter how famous they get. This hasn’t democratized music anywhere near the way indie partisans once predicted, but as overall music sales continue to deteriorate, it has blurred any clear distinctions between insiders and 2007 language synthesis, outsiders. Consider the that do not, press conference last week for the revamped music-streaming app Tidal, which has set itself in opposition to the low royalty rates of other streaming services: There, a murderer’s row of rich and famous performers made a show of signing an ownership agreement as if it were the Declaration of Independence. Among the mostly pop, hip-hop, and RB stars on hand, there were also indie rockish representatives Win Butler of Arcade Fire (pictured in Billboard ’s report raising glasses with Jay Z and Beyoncé) and Jack White. Photo by Jamie McCarthy/Getty Images for Roc Nation. Streaming royalty rates are a real issue, and research paper, maybe Tidal can be a partial remedy. But such comically inept symbolism is an inevitability because no one really understands what is going on. The indie-corporate binary is even less credible than it was a decade ago, when “indie” artists were topping charts either because they had signed directly to major labels or because their “independent” labels had subcontracted to transnational media companies.
Most of the scholarships that need, new spate of “indie” comeback albums, then, come from artists now twice removed from their beginnings as non-corporate DIY units. The term has survived instead as a kind of mixed social and aesthetic signal, indicating both a connoisseur audience and a non-pop production style. On those levels “indie” carries a coded sense of aesthetic superioritythe legacy of “corporate rock still sucks”that has always been a canard. You can make great records if (and because) you don’t care about research smoking places, them sounding popular. And you can make great records if (and because) you care a whole hell of a lot about need, them sounding popular. Essayons Ross! Modest Mouse’s 1997 album The Lonesome Crowded West is a huge sentimental favorite of scholarships need, mine, but its rough-hewn sound is not inherently better or more meaningful than the highly produced ones of Michael Jackson or Blood, Sweat Tears or the Beatles. This clash flows out of and into the endless “authenticity” debate in music fandom and criticism. But in the time that most of the essay, indie comeback artists have been away, a general consensus seems to have been struck. Musical hipsters right now are as likely to sneer at scholarships do not white indie guitar bands as an undifferentiated whole as at pop starswhich is also an unfair over-generalization, but may be the necessary corrective. Even the erstwhile indie bible Pitchfork now gives plenty of respectful attention to pop, dance, and RB records it once would not have deigned to how to context acknowledge.
In itself that doesn’t subtract from the relevance of indie artists. Few of scholarships, them claim to be fighting any kind of battle against pop anymorefans are almost always worse than artists on that count. But this decade has also seen a more widespread suspicion and fight essays, critique of the workings of social privilege, and scholarships that do not need, “indie” has a problem therebecause its creators and listeners seem so disproportionately white, male, and upper-middle-class. In late March, Pitchfork itself published a passionate critique called “The Unbearable Whiteness of Indie” by Sarah Sahim, which jumps off from a “blindingly white” film by Stuart Murdoch of Belle Sebastian into problems of exclusion and appropriation on indie stages and in how to write indie audiences. I have a lot of quibbles with the piece (chiefly her historically short-sighted dismissal of riot grrrl and other white feminist interventions as “feel-good”go ask Russia’s Pussy Riot). But her central point is scholarships that do not need, undeniable.
In the New Republic , Noah Berlatsky points out that the problem is actually circularmusic made by non-white people is routinely defined out of “indie,” so that white people making neo-RB or hybrid blues sounds are included but FKA Twigs and fight club essays, Valerie June are usually not. As Berlatsky writes, this is routine to how genres are formed. Very often, not much divided the sounds of blues and country, or RB and rock. They were grouped by the racial origins of their performers, which both reflected institutional racism and for that need essays the industry served to organize market segments. There are exceptions, and have been from Jimi Hendrix through Bad Brains through Bloc Party or TV on public the Radio. (Not to scholarships do not essays mention artists of mixed race, Asian, or Hispanic backgrounds, among others.) Without them, the context, regime of separation would be too transparent and need essays, indie’s self-consciously liberal audience would be turned off as well.
After the civil-rights era, even country music managed to and composition synthesis essay rustle up a Charley Pride. The counter-examples enable the system to persist in mostly excluding minority participants or, through social expectation, discouraging their interest to begin with. (For evidence, watch Afro-Punk: The Movie .) Sahim and Berlatsky each in their own ways call for scholarships widening indie’s tent, but I think it’s more realistic to pull it down. Because its insularity is not only racial and genderedit is smoking public, also the effect of scholarships do not, sorting by class. I made this argument when then New Yorker pop critic Sasha Frere-Jones offered his own critique of wuthering theme, indie whiteness in 2007, and scholarships that, it’s remained true: Indie is an fight acquired and self-sequestering taste, an scholarships that do not essays implication not only built into the name but now its only fight, functional meaning the distinctive cultural “sophistication” and social status of its audience. One of the rival terms in scholarships essays the 1980s and fight essays, 1990s that indie eventually eclipsed (along with alternative , underground , etc.) was college rock . It was more honest, which is no doubt why it was abandoned. There are contradictions within the scholarships do not need essays, debate about write context, indie and race, for example, that will never be neatly squared. For instance, the dangers of do not need, stylistic appropriation and the dangers of self-segregation can present a double bind. How To Context! Quandaries like these go back to the beginnings of not only rock, but also American popular music itself (ragtime, jazz, swing, etc.). That! But when widening divides in wealth and privilege (themselves strengthened and perpetuated by the higher education system) are a central social crisis, the self-selecting “indie” identity is no help.
The older term “college rock” was more honest, which is no doubt why it was abandoned. What do we call the music, then? Given the wesley, decline of mainstream rock as an adversary, who cares? Call it rock, electro, whatever it sounds like. Call it twee and scholarships that do not need essays, precious, if that’s what you mean. In the always fraught struggle to listen to theme the music itself and not the scholarships that need, social category, “indie” is just another blinder. And abandoning indie just might make for better music, too. Some of the bands in wuthering essay the “indie” comeback crowd would be robust no matter what you called them. Sleater-Kinney’s postriot grrrl ferocious complexity has never made for a bad record and scholarships need essays, it hasn’t now.
Modest Mouse has had its ups and downs, but leader Isaac Brock’s voice is essay, his own, and he faces the relevance problem on the new Strangers to Ourselves by scholarships that do not essays grappling metaphorically with the implications of the environmental crisis. Language Synthesis Essay! It’s compelling, though maybe not 15-songs compelling. (He’s always needed an do not need essays editor.) Belle and Sebastian’s effort at write context making a quasi-disco record with Girls in Peacetime Want to Dance , however, would be strengthened if the scholarships that need, walls of their cloister could fallif, instead of “disco enough for indie,” they had the essay, ambition to need compete vigorously with disco itself and its current dance-floor heirs. Essayons Wesley! This studied sense of distance is why indie “appropriation” is usually less convincing than the pop variety. Death Cab for scholarships that do not need Cutie’s Kintsugi sounds much like any Death Cab albumbut time has not been kind to their placidly competent guitar-rock or to Ben Gibbard’s lyrics, which I don’t recall being so riddled with romantic, gender-stereotypical clichés. Fight! (Which may be to say that I was once less sensitive to those flaws than I am now.) Even if you try to ignore the fact that some of that do not, its passive-aggressive bull is directed at Gibbard’s ex, Zooey Deschanel, it irks.
I switched it off after the tune with the chorus, “My love, why do you run? For my hands, they hold no gun.” Not, of course, that pop isn’t rife with such stuff, but indie’s lofty aura makes it much harder to stomach. Likewise I am a bit skeptical that without “indie,” the how to, Decemberists could even exist. If there were then still a call for a post-modern folk-rock Gilbert and scholarships that do not need essays, Sullivan, it would have to have more of the height essay, courage of its strangeness. The band’s hiatus has done it some good, and the songwriting is more grounded on this year’s What a Terrible World, What a Beautiful World . But I still find Meloy’s unrelenting streams of conceits wearying, like a prog concept album from 1975 without even the gonzo musicianship to liven up the occasion. More than any other band, they bring me back to the self-regarding turn that America made in the 2000sthe post-9/11 world-wariness and self-soothing.
It would be too much to say that’s what made it an ideal period for that do not need essays “indie.” But when I listen to the Decemberists, I’m tempted. Album art for Carrie Lowell. Sufjan Stevens’ Carrie Lowell , on the other hand, may be the finest album of his careerand along with its deeply personal narrative of family, fear, and faith, it is partly because it’s free of the theme, attention-grabbing cleverness of much of his 2000s work. That! You can call it a folk record, without scare quotes or the indie modifier. Essayons Wesley Ross! It is solitary but not at all withholding, as Ann Powers beautifully illustrates in her NPR essay centered around it (which, speaking of anti-segregation, parallels it to Kendrick Lamar’s To Pimp a Butterfly ). Finally, there’s one last thing I would hope abandoning “indie” might nudge ahead: a renewed search for non-corporate models of do not need, music making. Essayons Wesley! Ones that speak to today’s questions and crises, without all the baggage and socially compromised affiliations that have accrued over the 40 years since the dawn of that do not essays, punk.
The new model might be a crowd-sourced streaming service of some kind, or it might be an outgrowth of the SoundCloud pages some people maintain not as calling cards but as ends in themselves. Club Essays! It might be lots of things that someone like me, engaged too long with the old “indie” models, can’t envision. It is true, after all, that hopes for digital democratization have degenerated and instead tend to reinforce the hegemony of the musical “1 percent”the people on that Tidal stage and, more importantly, the corporations that sponsor them. Pro-pop populism can never be the do not need, complete answer. There are experiments to theme be made in screaming unpalatable truths, in sustainability in scholarships essays all its senses, and in the simple joy of making music with others on essayons wesley more localized, intimate grounds. “Indie” can’t do it anymore. But musicians and audiences of all stripes could. Can we change? We have to change some.
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10th grade essay Writing standards for ninth and tenth grades define the knowledge and skills needed for writing proficiency at scholarships that, these grade levels. By understanding 9th and 10th grade writing standards, parents can be more effective in research public places, helping their children meet grade level expectations. That Need. What is 9th and 10th Grade Writing? In grades nine and ten, students plan, draft, and complete written compositions on a regular basis. Ninth grade and tenth grade students practice all forms of writing and are expected to produce error-free essays that demonstrate their awareness of audience and research paper smoking public places purpose. Students edit their essays for clarity, engaging language, and the correct use of the conventions and mechanics of standard American English. An emphasis is placed on writing coherent and focused essays that convey a well-defined perspective and tightly reasoned argument. What Writing Standards Measure. Academic standards are very specific, detailing every aspect of what students are expected to learn in each grade.
Organized into five key areas, writing standards focus on: writing process, writing purposes (what students write), writing evaluation, writing conventions (grammar, usage, and mechanics), and need research/inquiry for writing. The following writing standards represent what states* typically specify as benchmarks in writing proficiency for grade nine and grade ten. Grades 9 and 10: Writing Process. Writing standards for all grades focus on the writing process as the primary tool to help students become independent writers. In grades 9 and 10, students are expected to use each phase of the process as follows: Prewriting: Students in 9th and 10th grades use prewriting strategies to generate ideas, develop voice, and plan their writing. Essay. Students generate ideas from multiple sources (e.g., brainstorming, discussion, research materials), and use strategies and tools (e.g., technology, spreadsheets, diagrams, outlines) to scholarships do not need, develop a personal organizational style. Students make a plan for how to, writing that addresses purpose, audience, controlling idea, logical sequence, and a timeframe for completion. Drafting: In ninth grade and tenth grade, students develop drafts, alone and collaboratively, by organizing and reorganizing content. Drafts establish a controlling thesis that conveys a clear and that essays distinctive perspective on the subject and employ a logical organizational pattern with substantial and relevant supporting details. In ninth and tenth grades, students are expected to and dying, maintain a consistent tone and focus and use precise language, action verbs, sensory details, appropriate modifiers, and the active rather than the passive voice.
Students analyze the language techniques of professional authors, (e.g., figurative language, denotation, connotation), to establish a personal style, demonstrating a command of language with confidence of expression. Revising: In 9th grade and scholarships 10th grade, students revise selected drafts by improving the logic and coherence of the organization and controlling perspective, and developing meaningful relationships among ideas. Other revision techniques used by ninth- and and dying tenth-graders include checking the accuracy of supporting details, (e.g., facts, statistics, expert opinions, definitions) and working on the precision of word choice, voice, and tone to suit the occasion, audience, and purpose. That Do Not. Editing: Students edit their writing to ensure standard usage, varied sentence structure, and appropriate word choice. Ninth- and tenth graders also proofread for appropriateness of organization, content, style, and how to write context language conventions, using resources and reference materials (e.g., dictionary, thesaurus). Publishing: Using technology, students in grades nine and ten publish their work frequently in a format appropriate to purpose (e.g., for display, multimedia). Published pieces use such design techniques as margins, tabs, spacing, and do not columns, as well as graphics (e.g., drawings, charts, graphs). Use of technology: Ninth grade and tenth grade students use advanced publishing software and graphic programs to support aspects of creating, revising, editing, and on death and dying essays publishing texts. Grades 9 and 10: Writing Purposes. In grades nine and ten, students write in a variety of scholarships that essays, forms for various audiences and purposes (e.g., to explain, inform, analyze, entertain, reflect, persuade).
Students exercise the rhetorical strategies of narration, exposition, persuasion, and description to produce essays of at least 1,500 words each. Specifically, writing standards for 9th and 10th grades stipulate that students write in the following forms: Narrative/Creative: Ninth and wesley ross tenth grade students write in a variety of narrative, expressive, and reflective forms, including biographical and autobiographical narratives and short stories. In these essays, students relate a sequence of scholarships that essays, events and communicate the significance of the events through concrete sensory details (e.g., sights, sounds, smells), and fight essays the explicit actions and gestures of the characters. Ninth- and tenth-graders develop the plot or events further by creating dialogue and interior monologues to depict the characters’ feelings and locating scenes and incidents in do not essays, specific places. Students are expected to use literary devices and make effective use of descriptions of appearance, images, shifting perspectives, and ross sensory details. Do Not Need. In addition, students learn to pace the presentation of actions to accommodate changes in time and mood. Expository: Students in 9th and 10th grades write a variety of expository essays, including analytical essays, research reports, and essays that speculate on the causes and effects of a situation. Essayons Wesley. Students assemble evidence in support of that do not need essays, a thesis, including information on all relevant claims and essayons wesley ross perspectives, and compose introductory, body, and concluding paragraphs. Expository essays in these grades should address readers’ potential misunderstandings, biases, and expectations, and make distinctions between the relative value and significance of specific data, facts, and ideas.
In writing expository essays, ninth- and tenth-graders are expected to convey information and scholarships that essays technical terms from primary and secondary sources, accurately and coherently, as well as integrate quotations and citations into the text while maintaining the flow of write, ideas. Students also incorporate visual aids into that need, their expository essays, using technology to organize information on on death and dying essays, charts, maps, and graphs. Persuasive: Students in ninth and tenth grades write persuasive essays that structure ideas and arguments in a sustained and logical fashion. Do Not Essays. Persuasive essays in research smoking places, these grades should use specific rhetorical devices to support assertions (e.g., appeal to scholarships that essays, logic through reasoning; appeal to emotion or ethical belief; relate a personal anecdote, case study, or analogy). Ninth- and tenth-graders are expected to clarify and defend positions with precise and relevant evidence, including facts, expert opinions, quotations, and expressions of commonly accepted beliefs and logical reasoning.
Students should also refute opposing arguments by addressing readers’ concerns, counterclaims, biases, and expectations. Responses to Literature: Ninth and tenth grade students are expected to demonstrate a comprehensive grasp of the significant ideas of research paper smoking public, literary works. Students should support their ideas through accurate and detailed references to the text or to other works, and show an understanding of the stylistic devices used and the effects created. Students should also identify and assess the impact of need essays, perceived ambiguities, nuances, and complexities within the theme, text. Business Documents: Students in grade nine and grade ten write a variety of scholarships, business and work-related documents, including business letters, memos, emails, speaker introductions, resumes, applications, and cover letters for applications. The goal of business writing in these grades is to provide clear and purposeful information and address the intended audience appropriately. Students strive to highlight central ideas and pay attention to how to context, vocabulary, tone, and style by considering the scholarships need essays, nature of the relationship with, and the knowledge and interests of the recipient. Ninth- and tenth-graders are expected to follow a conventional style with page formats, fonts, and spacing that enhance readability and impact. Technical Documents: Students in 9th grade and 10th grade write technical documents (e.g., how-to-manuals, procedures, assembly directions, meeting minutes) with the goal of reporting information and conveying ideas logically and correctly. Students are expected to offer detailed and accurate specifications and include scenarios, definitions, and how to write context examples to scholarships do not, aid comprehension (e.g., a troubleshooting guide). Technical documents in these grades should also anticipate readers’ problems, mistakes, and misunderstandings.
Ninth- and tenth-graders may also be asked to essayons, write detailed travel directions and design an accompanying graphic using the cardinal and that ordinal directions, landmarks, streets and highways, and distances. Grades 9 and 10: Writing Evaluation. Ninth and tenth grade students evaluate the research public, writing of others, as well as their own writing. Students make suggestions to improve writing and assess their own writing for scholarships that do not need, both mechanics and content. In grades nine and ten, students are expected to respond productively to peer reviews of their own work. Writing standards recommend that each student keep and review a collection of his/her own written work to determine its strengths and 2007 language synthesis weaknesses and to set goals as a writer. Grades 9 and 10: Written English Language Conventions. Students in ninth and that essays tenth grades are expected to produce legible work that shows a command of standard English conventions, including accurate spelling, punctuation, and capitalization. In particular, writing standards for grades nine and ten specify these key markers of proficiency: —Understand sentence construction, including parallel structure, subordination, and proper placement of how to write context, modifiers. —Compose increasingly more involved sentences that contain clauses (e.g., main and subordinate) and phrases (e.g., gerunds, participles, absolutes, and infinitives) in their various functions, as well as the correct use of fragments for effect. That. —Exhibit proper English usage and control of height theme essay, grammar, paragraph and sentence structure, diction, and syntax. Scholarships That Need Essays. —Demonstrate control over grammatical elements such as subject-verb agreement, pronoun-antecedent agreement, consistency of verb tenses, comparative and superlative adjectives and adverbs, and possessives. —Use appropriate manuscript requirements, including title page presentation, pagination, spacing and margins, and integration of source and support material (e.g., in-text citation, use of direct quotations, paraphrasing) with appropriate citations. Fight Essays. —Identify and correctly use the mechanics of punctuation, including commas, colons, semicolons, apostrophes, hyphens, quotation marks, italics or underscoring, and ellipses. —Ninth- and tenth-graders pay particular attention to capitalization of names of academic courses and proper adjectives. — Use knowledge of spelling rules, orthographic patterns, generalizations, prefixes, suffixes, and roots, including Greek, Latin, and Anglo-Saxon root words. —Understand foreign words commonly used in English (e.g., laissez faire, croissant). —Students use fluent and legible handwriting skills.
Grades 9 and 10: Research and Inquiry. In ninth and tenth grades, students use appropriate research methodology and a variety of print and electronic sources to gather information for research papers and other writing assignments. Students use writing as a research and learning tool in the following ways: Use writing to discover, organize, and support what is known and what needs to be learned about do not need essays, a topic. Use clear research questions and suitable research methods (e.g., library, electronic media, personal interview) to elicit and present evidence from primary and secondary sources. Synthesize information from multiple sources and identify complexities and discrepancies in the information and research paper places the different perspectives found in each medium (e.g., almanacs, microfiche, news sources, in-depth field studies, speeches, journals, technical documents). Represent information in scholarships that do not need, a variety of ways such as graphics, conceptual maps, and learning logs. Use appropriate conventions for documentation in the text, notes, and bibliographies by adhering to those in style manuals (e.g., Modern Language Association Handbook, The Chicago Manual of Style).
Analyze strategies that writers in different fields use to compose. Use writing as a study tool to clarify and remember information. Fight Club. Ninth and Tenth Grade Writing Tests. In many states, students in grades nine and ten take standardized writing assessments, either with pencil and paper or on a computer. While tests vary, students are typically given questions about grammar and that do not essays mechanics, as well as timed essay-writing exercises in which they must write an essay in height essay, response to a writing prompt. On 9th and 10th grade essay writing tests, students demonstrate their ability to scholarships do not essays, produce an effective composition for language and composition synthesis essay, a specific purpose, as well as their command of the conventions of scholarships, spelling, capitalization, punctuation, grammar, usage, and sentence structure. In some states, students’ revising and 2007 ap english language synthesis editing skills are tested with multiple-choice questions on reading passages. Students are asked to indicate how a particular sentence might be corrected or improved or how the organization or development of a paragraph might be strengthened. Tests may also require students to proofread for correct punctuation, capitalization, word choice, and spelling. Another type of question asks students to write a summary statement in response to a reading passage. In addition, 9th and 10th grade students are given classroom-based writing tests and writing portfolio evaluations.
State writing assessments are correlated to state writing standards. Scholarships Do Not Need Essays. These standards-based tests measure what students know in relation to essays, what they’ve been taught. If students do well on school writing assignments, they should do well on do not essays, such a test. Educators consider standards-based tests to be the most useful as these tests show how each student is meeting grade-level expectations. These assessments are designed to pinpoint where each student needs improvement and help teachers tailor instruction to fit individual needs. State departments of education usually include information on writing standards and writing assessments on their websites, including testing guidelines and 2007 and composition synthesis sample questions. Writing Test Preparation. The best writing test preparation in ninth and tenth grades consists of encouraging your student to write, raising awareness of the written word, and scholarships that offering guidance on writing homework.
Talk about essays, writing and share appropriate articles and books with your child. Students learn to write effectively when they write more often. Suggest keeping a journal, writing movie reviews for the family, or writing the procedures for using a new piece of home equipment. Any writing is valuable practice. By becoming familiar with 9th and 10th grade writing standards, parents can offer more constructive homework support. That Do Not. Remember, the best writing help for essays, kids is not to correct their essays, but offer positive feedback that prompts them to use the strategies of writing process to revise their own work. Time4Writing Online Writing Courses Support 9th and 10th Grade Writing Standards. Time4Writing is an do not, excellent complement to ninth and tenth grade writing curriculums.
Developed by and dying classroom teachers, Time4Writing targets the fundamentals of writing. Students build writing skills and scholarships that essays deepen their understanding of the essayons, writing process by working on standard-based, grade-appropriate writing tasks under the individual guidance of a certified teacher. Writing on a computer inspires many students, even reluctant writers. Scholarships That Need Essays. Learn more about ap english language synthesis, Time4Writing online courses for ninth and tenth grades. *K-12 writing standards are defined by each state. Time4Writing relies on a representative sampling of state writing standards, notably from Florida, Texas, and California, as well as on the standards published by nationally recognized education organizations, such as the National Council of Teachers of English and the International Reading Association.
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