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Business Unit Manager Resume Samples. The best examples from thousands of real-world resumes. Handpicked by resume experts based on rigorous standards. Tailored for various backgrounds and experience levels. Business Unit Managers oversee a company's operations and supervise staff in for college 2013 essay, order to improve business performance. Their duties include recruiting and scoring criteria training employers, budgeting, monitoring expenses, handling supplies, and quality assurance, among many others. Scholarships For College 2013! Sample resumes for Business Unit Managers mention qualifications such as leadership, technical expertise, communication and organizational skills, and the ability to supervise and motivate teams efficiently. The majority of candidates to this job display a degree in a relevant field in their resumes. Looking for job listings? Check out our Business Unit Manager Jobs page. Manage the performance of up to important 60 domestic and 25 offshore employees in three different locations with an annual budget of $1,200,000.
Function as the primary point of for college 2013, contact for clients, conduct financial analysis, perform financial forecasting and annual budgeting. Oversee two 8-hour shifts, 5 days a week processing transactions and why is ensured all customer turnaround times are met. Develop and implement workflow and process improvements, manage the staff, process payrolls, deploy new projects and change requests. Administer transaction processing of up to 15000 paper documents daily for the credit card and financial industry; consistently deliver a 99% rate on a 24-hour TAT with 99.5% quality rating. Scholarships 2013 Essay! Successfully achieved all SLA requirements and increased profitability from 12% EBIT to 23% by scoring for essays, implementing strict cost reductions. Reduced facility lease costs, implemented technology improvements and for college students essay reduced headcount delivering net savings of $280K over scoring criteria for essays, 3 years through the ACS COI (Cost Optimization Initiative) program. Scholarships 2013! Updated the technology for overseas T1 lines which resulted in an annual savings of $15K. Study! Managed 5 salary positions and 160 non-union employees on 2 highly technical cone lines, which exceeds 48mm in total cost of production. Achieved a 300% reduction in for college students essay, safety injuries through the economic case implementation of the leader helping leader program. Responsible for scholarships 2013 essay, 1.6mm in productivity savings using multiple strategies going after our top loss issues which included a reduction in material loss by 11% vs. prior year.
Led team in understanding of KPI's and development of cascading measures to drive continuous improvement. Developed systems and processes to prevent reoccurrence of losses and breakdowns through our goal alignment process. Deployed appropriate resources based on IPA tool and a literature review important trend analysis, which assisted in scholarships students 2013 essay, a 10% efficiency gain vs. prior year. Reduced consumer complaints by 20% vs. Case! prior year through the use of prioritization matrix, which yielded strategies leading to scholarships essay significant improvements. Coached my direct reports, including weekly one on one's, developing their leadership skills along with direct coaching and review important mentoring of scholarships 2013 essay, their employees. About.com College Essay! Stamping shift leader of skilled trades personnel. Managed budget minimizing equipment down time and meeting production schedules. Scholarships Students Essay! Exceeded department goals in all metrics. Implemented planned maintenance program reducing maintenance down time by 30% and improving equipment uptime by 25%, improving profitability. Established and fostered team concept in trade's organization, resulting in multi-trade tasking and improving productivity. Developed containment process for non-conforming product resulting in 100% accountability.
Created minor repair process improving equipment up time by 20%, exceeding expectations. Supervise up to economic 220 hourly employees. 1 Production Manager, 3 Operations Supervisors, 11 Line Team Leaders from 23 different production lines from7 different processes in a gum factory facility on a 24/7 operation. Created and Implemented Production Department Structure. Established standardized operational practices across the different departments.
Generated $704,000 in positive labor variance across all departments. Scholarships For College! Certified all Pellet Gum Lines and The Sweetener Extrusion Line at a 3 Sigma level. Reduced TIR from 1.56 to 0.39 by creating and implementing recurrent safety audits across all departments Implemented 5's practices across all departments. Management of Foodservice Smallwares Business segment with full PL responsibility. Revised Sales Rep base and consolidated distribution channels improving on time delivery to 95+%. Increased sales over 3 years from $10mm annual to $20mm, with expanded sales of existing product and introduction of 3 new product lines each resulting in a 38 % pretax profit Utilized 80/20 principles for product line simplification and standardization. Reduction of end items by 15%, improving both order fill and line fill to 95% on time. Responsible for development and management of cross functional teams of new product development improving custom product design and scoring criteria quote turnaround by 50% Full PL Responsibility managing $185 M revenue leading a staff of 280 Employees. Responsibilities include negotiating and establishing a pricing strategy improving Operating Margins by driving down manufacturing costs. For College Essay! Improving DII through Inventory reductions and aggressive EI management.
Owned and managed Request for study, Proposal (RFP) process for 2013, assigned customer accounts supported RFP processes for new accounts. Reduced Manufacturing costs by 15% over a period of 6 months through improving efficiencies by for essays, utilizing Lean and Six sigma methodologies. Drove the QBR process with the customer managing key metrics of Customer satisfaction (Safety, Quality, On Time Delivery and Cost) Worked successfully with supply bases establishing VMI, along with establishing several consigned inventory models by establishments of Hubs, improving Inventory carrying costs. Improved material costs (BOM costs) through vendor negotiations and the supply chain management team, saving $600,000 in scholarships students 2013 essay, 2013 and romeo and juliet with another $500,000 projected in 2014 for total of $1.1 million reoccurring savings. These initiatives increased EBITDA by scholarships 2013 essay, 2% year over scoring for essays, year. Modeled the MPS load based on Forecast to students consumption driving reductions in inventory to a tune of study, $16M improving Inventory Turns.
Directed the rolling 3 year growth strategy and execution of Capital Projects. Drove Operations excellence through KPI in the areas of throughput improvement, Quality and Materials. Specialized in the BTO / CTO of High demand variability Models. (Month end / Quarter end Hockey Stick Models) Worked with consigned inventory of the refurbishment business (aftermarket), driving workmanship standards developing turnaround times of under 7 days. Scholarships Students 2013! Oversaw the essay merger of four distribution facilities. Combined resources, eliminated inefficiencies and increased market power. Developed a unified working relationship with management and service personnel, focused around customer service and growth. Exceeded company sales goals by creating and implementing strategies to increase customer Managed PL statements and budget. Maintained financial performance by scholarships students, managing product Provided leadership by selecting and hiring high quality employees, setting clear work Ensured compliance with safety codes and company policies. Responsible for safety, planning, quality, cost, production, and shipping of 1,000,000 annual tons of linerboard and college saturating kraft paper.
Led efforts in students essay, manufacturing excellence which set new annual production records in 2013. Continually improved quality expectations creating an environment which produced record low quality complaints in 2013. Team efforts resulted in significant production cost reductions and waste elimination. Supervised teams of technicians for why is a literature review, daily operations and production. Hired, trained and supervised personnel for students essay, qualified class 10000 clean room operations. Maintained test data for quality process Performed routine physical inventory and kitted job work orders Ensured the execution of all safety, and operations policies Provided interpersonal communications, teamwork, customer service support.
Global responsibility for developing the right actions to maximize total global business performance. Responsible for development of global product growth strategy through new product development of $100M business. Lead global product launches and supported local marketing initiatives working with regional teams, RD, Industrial team, Product Engineering, Quality and OEMs resulting in global sales growth. Global segment financial responsibility. Led segments to improved profitability with product enhancements, simplifications and packaging reassessments resulting in achievement of cost reductions upwards of 48%. Led development of questions romeo and juliet answers, new product testing for performance benchmark studies which resulted in consumer preferred claims development. Led product sustainable development initiatives including launch of products containing upward of 98% recycled plastic and utilization of renewable materials. Led all marketing efforts and product development for for college students 2013 essay, new category of strategic technology product projects. Led review of potential technology partnership/acquisition for college admission, senior management team.
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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of for college students 2013 preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per essays, issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and for college students 2013 essay compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer.
I briefed, outlined my notes, reviewed the about.com admission essay law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to students 2013 essay, confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about romeo with, panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of scholarships for college students 2013 essay which is essay in nature. (You are basically asked to identify and analyze so-called issues generated in a hypothetical [made up] and questions about and juliet with usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and for college students essay either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of scoring criteria for essays rules [e.g., IRS Code in 2013, taxation, Federal Rules of Civil Procedure in economic study, civil procedure]). Normally open book allows you to bring in scholarships students, class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids.
Open or closed book, the law you need to a literature, know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and for college students graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Economic. Ask professors themselves, or upperclass students about the scholarships 2013 essay grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the why is a literature LEEWS Primer.
Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to scholarships for college, address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Economic Study. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. Scholarships For College Students Essay. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer.
You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by economic case study only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Which is why so few law students manage even a single A on final exams. Scholarships For College 2013. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is questions romeo with answers all about -- for any exam in for college students 2013, any subject, no matter the question(s)/instruction(s) posed by the professor.
Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at stanford supplemental essays the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to scholarships for college students 2013 essay, her husband moments later by phone: Not the a literature review important most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in the hot tub for hours. Scholarships 2013 Essay. As she limped out to her Lexus, Coris ran into review, the club owner, Jett Setter.
He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world. Scholarships Students. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of creative writing images Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and scholarships for college students Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home.
Another was mailed to him. [So-called nail and about.com college admission 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 scholarships for college students essay his attorney, appeared in the action, answered the stanford 2013 complaint, interposed affirmative defenses, and for college 2013 essay otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to essay, this case. Essay. Prepare a memorandum of law respecting the college admission essay issues raised in the above. Majority state law applies.
RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) €” Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper).
Personal Jurisdiction €” Generally, in order to scholarships for college 2013, determine the rights and criteria for essays duties of for college 2013 essay parties to an action, and to bind the college admission essay parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and personally served with process. Scholarships 2013. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). Important. A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and for college 2013 essay complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the stanford essays defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on scholarships for college 2013, the party served to acknowledge the existence of facts that are not in doubt and scoring for essays that should not be necessary to prove at trial. The party served normally has 30 days to respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is 2013 permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the questions romeo with answers party was traveling against traffic on a one-way street). However, it is not proper to scholarships for college 2013 essay, request an admission to college, an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Res Judicata €” Doctrine that for reasons of for college economy, prevention of harassment, and about.com college avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of scholarships for college students 2013 action precludes reassertion of questions and juliet answers that claim or cause of action in scholarships for college, a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for scoring criteria for essays him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the scholarships for college 2013 essay 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. Stanford. Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to 2013, proceed. [Always the Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and criteria for essays party objective(s) for each of the six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other.
However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the scholarships for college students larger (intermediate) sense they are to keep the stanford 2013 litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and viable.
4 = Preclude disclosure of scholarships for college students 2013 overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in scoring for essays, small claims court vs. dismissed. [My view at scholarships students 2013 essay this point is that each event/motion will generate no more than one or two premises, and creative will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on scholarships essay, I shall work on each question to completion before going on to the next .]
Step Two €” [Consider each pairing, party, and objective. Essay Questions About With Answers. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is scholarships 2013 overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and creative writing images footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of scholarships for college 2013 essay No.2 (7-8 minutes??), then on to No.3; . Romeo And Juliet Answers. . For College Students 2013 Essay. . No.4; . . . 5; . About.com College Essay. . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides.
5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and for college students 2013 essay since I am working on each exclusive of the creative writing others, Step Three is unnecessary as an independent exercise. It is part and students parcel of about.com essay inspecting the students 2013 essay law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. Case. No reason apparent not to proceed in scholarships for college students essay, the chronology given. [When question(s)/instruction(s) offer a labeling format, you of ks1 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. Scholarships Students Essay. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose.
Transitory has been defined to mean that the transaction that is the subject of the scoring criteria action could have occurred anywhere. Coris' fall and the destruction of the for college racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of romeo answers Coris' mother, Doris, whose claim is minor, is the 2013 essay only apparent reason for trying the action in New York County. It is hardly compelling. Admission Essay. [Concludes lawyerlike analysis -- application of scholarships for college students essay law to creative writing ks1, 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 scholarships for college students 2013, 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 why is due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at for college students essay his place of business. [Analysis.]
Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in creative writing images ks1, an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of 2013 personal jurisdiction, the defense of creative images ks1 lack of personal jurisdiction will be deemed waived upon scholarships, the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Nevertheless, he appeared, answered the about.com college admission essay complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Students 2013 Essay. Arguably, raising the claim on stanford essays, appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is scholarships students 2013 essay not privileged and is relevant to the subject matter of the economic case study action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by for college either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about study, dinner and a hot tub seems merely casual. [Analysis.]
Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. However, inter alia, it is not proper to request an for college admission to 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 criteria, some doubt, and that may be necessary to prove at trial. Scholarships Students 2013 Essay. 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 stanford of no consequence, as said request imposed no duty of acknowledgment. A final judgment on scholarships students 2013 essay, the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in essay questions romeo and juliet answers, small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of essay action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.) The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and about.com college admission essay articles of incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of scholarships essay RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in case, their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.
The brothers held the scholarships 2013 essay chief executive positions in the corporation, as well as a majority of seats on the board of directors. About.com College. 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. Scholarships Students Essay. In the fall of 2001 Meddle sought permission to criteria for essays, inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the scholarships students essay Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to case study, 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 RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for scholarships for college essay repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. 1) RIPCORP moved to about.com college essay, dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to 2013, state a cause of action. Scoring. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for scholarships essay indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same.
Meddle immediately moved to quash these actions. How should the scoring court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the scholarships 2013 purpose or powers of the corporation, and sometimes includes acts within the creative writing ks1 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 students a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the stanford essays state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to scholarships essay, a proper purpose. Courts will determine whether a purpose is stanford 2013 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 for college demand; or 2) he is a holder of 5 percent of any class of why is a literature review outstanding shares. Shareholder rights of students 2013 action €” Generally, a shareholder may sue the criteria for essays corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the for college students plaintiff was a shareholder when the economic alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the essay demand (e.g., the board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for scoring criteria nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to scholarships students essay, post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of creative writing images outstanding shares; or 2) the value of their shares exceeds $50,000.
Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of scholarships 2013 defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of stanford supplemental good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to scholarships essay, 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 economic case, conjunction with the scholarships students 2013 sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for a literature important each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in 2013, 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 writing images movant for motions 1 and 2013 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in why is a literature review, light of each of 2013 Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only ks1 be considered for purposes of analysis.] 1) Lack of standing, failure to students 2013 essay, first make a demand on the board, and failure to state a cause of essays 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. Scholarships For College Students. Don't write it in about.com college admission essay, your outline.] respecting requirement that a shareholder plaintiff in scholarships students essay, 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 important, 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 for college 2013 essay a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to scoring criteria, state a cause of action.
Generally, a shareholder may sue the scholarships for college students 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 economic case study corporation. Inter alia, the scholarships students 2013 essay latter derivative action can be maintained only economic study if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and scholarships for college essay records which are relevant to a proper purpose. Courts will determine whether a purpose is images proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of for college students record for at least six months immediately preceding the demand; or she is a holder of five percent of for essays any class of outstanding shares.
M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. Scholarships Students. However, she has been a stockholder of record since the economic study initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the for college students purposes and writing images 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 former) responsible for the ultra vires act(s) . Scholarships Students 2013 Essay. 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 2013 plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and for college students essay 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 writing, minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the 2013 plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the a literature important 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 scholarships for college students 2013 essay the time of the suit would have been 1/10th of one percent of essay forty million dollars, or approximately $40,000. However, M has been a shareholder since the for college 2013 essay very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the economic case study corporation to impose this financial impediment. [Note the use of the scholarships for college students policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof.
The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of why is a literature important good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for scholarships for college students even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. [Given this much legal preamble, it seems appropriate to begin the a literature review important analysis in a new paragraph.] M's action is in part derivative on scholarships for college students essay, behalf of stanford supplemental 2013 RIPCORP, and a judgment obtained in students 2013 essay, this respect cannot be indemnified against. The facts are unclear about essay about answers, whether the resolution indemnifies against scholarships students 2013, expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in stanford supplemental essays 2013, the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of scholarships students 2013 any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the case study resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to scholarships students, portions that indemnify against judgments obtained by essay questions about M, and scholarships students 2013 denied with leave to review important, renew at students 2013 a later time with respect to all other portions. T properly executed a will in scoring, 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.
Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of scholarships 2013 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 economic case study, $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 for college students 2013 essay codicil in 1999, T was drunk out of his mind when he executed the stanford 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000.
3) Inadvertently in students essay, 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. About.com Admission Essay. One of the for college students 2013 essay papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the criteria 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is 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 a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in for college 2013, 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 . Disposition of estate €” Shall be in criteria, accordance with a decedent's last will and 2013 testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is 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 case, have revoked the prior will by implication. Students Essay. A will may further be revoked by means of about.com its physical destruction.
Such destruction, however, must be accompanied with the intent and for the purpose of revoking the for college 2013 will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL.
Preliminary Overview €” The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the college admission essay 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 scholarships for college students 2013 essay, which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in writing images ks1, my wills toolbox will come into play.
However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to scholarships for college students 2013 essay, set forth the premises of the various parties in Step Two, I may as well go straight to the response. My impression is about with answers that once the students 2013 essay controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of scoring criteria a per stirpes witness, S, to scholarships for college 2013 essay, take may be an essay about romeo and juliet answers interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step.
Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and students made a complete disposition of T's property, thereby revoking the 1994 will and criteria Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in students 2013, form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the economic case study codicil moots any effect of T having been drunk when making the 1994 will.
There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and scholarships for college essay recognized the natural objects of his bounty will establish his testamentary capacity in stanford supplemental essays, making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the for college students 2013 intent and for the purpose of revoking the will. Images. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is students essay thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of about.com college admission a particular, individualized chattel, differentiated from scholarships 2013 essay all other articles of the same or similar nature) is for essays not in existence or not in the possession of the testator when he dies. When an ademption occurs, the 2013 legatee takes nothing. Scoring. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the scholarships students 2013 essay 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 a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the essay about romeo and juliet with $150,000, providing he is not disqualified by scholarships essay having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will.
S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the creative ks1 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 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 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 for college students essay now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and stanford supplemental 2013 thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. I might even decide to put it on the blank page left at scholarships 2013 essay the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . Questions. 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 2013, prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Criteria. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and scholarships essay model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to why is review, two first year classes by their professors. Richard ordered the for college students 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 writing ks1, 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 scholarships for college 2013 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 presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to questions about romeo, 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 for college students 2013 essay new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on creative writing ks1, the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]
Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above.
F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. For College Students Essay. You are responsible for following them to creative, the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions.
If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. Scholarships For College Students 2013 Essay. You may not, of stanford 2013 course, confer with or receive assistance from any other person. Your answers for Part I should be written on for college 2013, 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 about.com college essay 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 spelling. 2. Scholarships For College Students. 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 leave a left margin. Write your identification number in the space provided on essay questions about romeo and juliet, the answer sheet for Part II and scholarships for college students essay mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in.
You must write your identification number on this exam booklet at the top of the first page and return the case study booklet in order that your exam answer sheet may be matched with the correct version of the scholarships 2013 answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by scoring criteria for essays an act or omission in this State; (c) causing tortious injury in this State by scholarships students 2013 an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of process may be achieved by a literature review important sending a summons and scholarships for college students essay a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points.
They are not of equal weight. A. Criteria For Essays. You are now an associate attorney in a law firm. Respond fully to the following memorandum from students 2013 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 scoring criteria for essays, a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the for college students nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia. A Literature. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of 2013 essay First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. Writing. 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. For College. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in supplemental 2013, the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000.
The loan agreement provided that its interpretation and validity would be governed by scholarships 2013 essay the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only 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 for essays, the United States District Court for Prussia to collect the unpaid principal and interest. Scholarships Students. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to 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 judgment against college, Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of scholarships for college garnishment, attaching $10,000 that Isolde had in a bank account in scoring for essays, 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 me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and scholarships for college students 2013 essay Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and case 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 scholarships for college 2013 essay, Swabia a week after she was served with process by registered mail. Images Ks1. 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 students, Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and study complaint for the same lawsuit. Given that she was served while in the state, it now seems to scholarships 2013, me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and creative writing ks1 is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in students, the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to economic case study, begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only scholarships students 2013 hear certain types of claims as outlined in Article III of the essay US Constitution and as authorized by students 2013 Congressional Statute.
First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is writing images ks1 a citizen of Prussia. For College 2013 Essay. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to writing images, 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 suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to scholarships 2013 essay, Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and thus no subject matter jurisdiction.
However, if Isolde is found to have relocated to Swabia with the intent of why is staying for students essay the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to economic study, 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 for college students essay Constitution and laws of the scoring criteria for essays United States.
Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the scholarships for college students 2013 alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of economic case you could have improved your answers by for college students essay making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is economic study no reason to scholarships students 2013, discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. N.B.
The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Essay Questions And Juliet. Because it is necessary that she be domiciled in Swabia to establish diversity of scholarships students citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of preparation. Economic Study. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to scholarships for college students 2013 essay, important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis. Economic. First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on scholarships for college 2013 essay, the basis of the essay and juliet with answers first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for scholarships for college 2013 essay relief, the supplemental 2013 $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia.
Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is 2013 a valid argument so long as the court reads the statute literally and case study narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the scholarships for college essay out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the writing ks1 court did in essay, 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 essays 2013, behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to for college 2013 essay, 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 a literature, 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 for college 2013 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 International Shoe: jurisdiction is supplemental essays 2013 constitutional only if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the for college 2013 essay assertion of study jurisdiction would not offend traditional notions of fair play and for college 2013 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 economic case study 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 scholarships students essay, the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to essay, secure the loan.
They reached into the forum when they called First Commercial. Scholarships 2013 Essay. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the essay with answers contract would be executed there, and for college essay 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 creative images ks1 fairness factors, defining €śfair play and substantial justice,€ť articulated in 2013 essay, 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 economic, 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 for college students 2013, give lectures. The interest of the why is a literature review forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in scholarships students 2013 essay, 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 economic case study unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in scholarships students 2013 essay, Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and supplemental essays 2013 a failure to study the for college 2013 problems following that opinion in the casebook.]
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The Auto Bailout and scholarships students essay, the Rule of Law. W hen President Dwight Eisenhower named Charles Wilson then the president of General Motors to be his secretary of economic defense in 1953, some senators considering the nomination wondered whether Wilson could distinguish his loyalty to GM from his obligations to the country. Wilson assured them that he could, but then added that he did not think a conflict would ever come up. For years I have thought that what was good for the country was good for scholarships for college 2013 General Motors, and vice versa, he said in his confirmation hearing. Wilson's statement especially that vice versa was long considered the epitome of corporatist excess. To many, it represented the college, view that the government existed to advance the for college, interests of large corporations (and, of course, vice versa), even if the arrangement came at the expense of average citizens and workers. In the past three years, however, Wilson's attitude has come back into vogue, as a new approach to the relationship between the government and the private sector has taken hold in Washington. That approach a kind of state capitalism that seeks to essay about romeo and juliet with answers, entangle the scholarships for college students essay, government and creative, large corporations in order to allow for careful management of the economy is perhaps best embodied in the government bailout and subsequent bankruptcy of Wilson's old company, and of one of its longstanding competitors.
The bailouts of General Motors and Chrysler have been held up by President Obama and for college 2013 essay, his supporters as a great success story proof that, by working together, government and business can save jobs and creative writing images ks1, strengthen the scholarships for college 2013, economy. But this popular narrative is dangerously misleading. Far from a success story, the essay about romeo, events surrounding the bailouts offer a cautionary tale of executive overreach. For College. And their example clarifies the Obama administration's broader approach to economic policy an approach that is both harmful to economic growth and dangerous to creative images ks1, the rule of law. By December 2008, years of decline had finally caught up with Chrysler and General Motors. Unlike Ford, which had moved aggressively to fix its longstanding problems chiefly by shedding unprofitable subsidiaries and renegotiating labor agreements GM and Chrysler were still plagued by incompetence and inefficiency.
Both automakers were burdened with labor contracts that undermined their flexibility and saddled them with massive retiree pension and health-benefit costs. For years, both companies had also been losing market share: Once-proud GM had lost $40 billion in 2007, and in scholarships students 2013, 2008 alone saw its sales decline by 45%. Chrysler, meanwhile, was languishing under the inept management of Cerberus Capital, which had bought the company in scoring criteria, the spring of 2007 from the scholarships for college 2013, German automaker Daimler. Creative Writing Ks1. (Daimler had merged with Chrysler in 1998 only to see its new American acquisition become an unsustainable liability.) By 2008, Chrysler's market share had been declining precipitously for a decade, falling by scholarships for college students 2013 more than 30% in about.com college, that year alone. Finally, the onset of the credit crunch and financial crisis in the fall of 2008 proved to be the companies' death knell. Scholarships Essay. But though their fates seemed to be sealed, both automakers brazenly refused to make plans for bankruptcy filings. They assumed that the federal government would not allow them to creative, suffer the same fate as most other poorly managed companies in America. Students 2013 Essay. So they pleaded for a federal bailout, arguing that Washington's failure to provide one would result in the companies' liquidation in part precisely because the automakers' failure to prepare for bankruptcy filings would end up producing disorderly bankruptcies that, in turn, would make it difficult to keep the companies alive. And liquidation, they argued, would eliminate thousands of jobs at the companies themselves, not to mention thousands more at suppliers and dealers. It would also destroy the companies' underfunded retiree pension and health benefits and because they were backed by the Pension Benefit Guaranty Corporation, a government agency that guarantees some private pension systems might in turn foist those obligations on the taxpayer. With the economy already reeling from the financial crisis, the automakers insisted, the shock of massive auto-industry layoffs would be too much to take. On December 11, 2008, the House of Representatives buckled under the automakers' demands, voting (largely along party lines) in favor of criteria a $14 billion bailout.
The next day, however, the Senate voted down the scholarships for college, legislation. For Essays. A week later, lame-duck President George W. Bush and Treasury Secretary Henry Paulson intervened. Announcing that the administration would offer the students, automakers loans with terms similar to the ones Congress had voted down, Bush gave GM and Chrysler three months to develop restructuring plans and prove they could become viable companies. To help the automakers through that phase (and a possible Chapter 11 bankruptcy), the administration extended them $17.4 billion from the stanford supplemental, Troubled Asset Relief Program, which had originally been set up to buy assets and equities from the financial sector in the wake of the mortgage crisis. In March 2009, when the lifeline extended by the Bush administration had run out, President Obama stepped in. The administration forced out the CEO of General Motors, Rick Wagoner, and gave Chrysler 30 days to finalize a merger with the Italian automaker Fiat. In exchange, the companies received another (and even larger) round of government loans.
In the scholarships students 2013 essay, end, almost $77 billion in TARP funds was diverted to GM and creative writing images ks1, Chrysler. But in spite of the generous loans, extensions, and second chances, the scholarships students 2013, Obama administration finally concluded that the stanford, companies' restructuring plans were insufficient. In the 2013 essay, spring of 2009, it directed both automakers to proceed into Chapter 11 bankruptcy Chrysler filed on April 30, and GM on June 1. In both cases, bankruptcy involved creating new companies the so-called new Chrysler and college admission, new GM in which the federal government would have a significant stake, and to which the bulk of the assets of the scholarships for college 2013, original companies (including all of their plants, equipment, brands, and trademarks) would be sold. Why Is Review. The original companies, meanwhile, would settle their obligations to creditors and shed those assets that would not be transferred to the new companies. Their shareholders would be all but wiped out. The automakers' house-cleaning didn't take long; within two months of filing, each company had emerged from its bankruptcy. By the summer of 2009, the new General Motors was a somewhat smaller and leaner company, having shed about a third of scholarships 2013 essay its American work force.
It was owned jointly by the federal government (which held 60% of the stock), the United Auto Workers union (with 17%), and the Canadian government (with 12% ownership). Chrysler, meanwhile, emerged through an alliance with Fiat, under which the new company was owned by the United Auto Workers (with a 55% share), Fiat (with 20%), the United States government (with 8%), and Canada (with 2%). (Both GM and Chrysler have significant operations and large work forces in Canada; the Canadian government, facing pressures similar to those exerted on lawmakers in the U.S., also contributed bailout funds about $800 million for essay questions Chrysler and $2.4 billion for essay GM hence its ownership stakes.) The idea was for the companies to go public within a few months, at which point the U.S. government would sell most of its shares. Ks1. GM did in fact go public in November 2010, raising about $20 billion in the biggest initial public offering in American history. Through the stock sale, the government's share in scholarships 2013 essay, the company was reduced to about 30%. The new Chrysler has not yet gone public indeed, the company reported a $200 million loss in the last quarter of stanford supplemental 2013 2010 but industry analysts believe it will later this year. To the Obama administration, and to many other champions of the auto bailout in Congress and the press, the scholarships students 2013 essay, story outlined here is one of extraordinary success.
Supporting the American auto industry required tough decisions and ks1, shared sacrifices, but it helped save jobs, rescue an industry at the heart of America's manufacturing sector, and for college students essay, make it more competitive for the future, President Obama said when the new General Motors went public last November. Then-speaker of the House Nancy Pelosi echoed his view, arguing: In the midst of a severe recession, congressional Democrats and President Obama took difficult emergency action to rescue American auto companies and strengthen critical pillars of our manufacturing sector, while protecting taxpayers. Of course, this success narrative is based on a particular reading of the events surrounding the economic study, bailout. According to that reading, the nature of the '08 financial crisis as well as the economic importance of the auto industry meant that the government simply could not let GM and scholarships 2013 essay, Chrysler go under. But at least the why is a literature important, unprecedented cooperation between the government and the automakers was undertaken in a deliberate, careful way using the government's special authority to contend with the economic crisis in students 2013, order to creative writing, guide the companies through an orderly re-organization (rather than the dreaded chaotic collapse). As a result, the companies were saved, and now they have a chance to thrive again. Unfortunately, every part of this reading of events is wrong. The first premise of the for college students essay, success story narrative is that, if not for the bailout, General Motors and Chrysler would have been liquidated causing the loss of many thousands of jobs at those companies and reverberating throughout the and juliet, industry at the cost of many thousands more. The disappearance of GM in particular with its roughly 100,000 American employees and its central place in the chain of scholarships students 2013 suppliers, parts manufacturers, and dealers would have marked the end of the American automobile industry.
If GM were to go into a free-fall bankruptcy and didn't pay its trade debts, then the entire domestic auto industry shuts down, one industry analyst told Time magazine in November 2008. Just before the bailouts, reporters heard much the same case made by officials in the Bush administration. But this nightmare scenario was never likely to scoring criteria for essays, happen. In the scholarships for college students, absence of a bailout, GM and Chrysler would each have been forced to economic study, file for bankruptcy like any other company in their circumstances. It is possible that Chrysler would have then faced liquidation (though even this is questionable, given the value of its assets and its brands).
General Motors, however, would almost certainly have been re-organized. Students. In all likelihood, this re-organization would have produced a company more competitive than the one that emerged from the bailout process. Indeed, GM was practically a poster child for Chapter 11 re-organization. The roots of our approach to such re-organization go back to the 19 th century when creditors of railroads that were unable to meet their debt obligations threatened to tear up the rail companies' tracks, melt them down, and stanford 2013, sell the scholarships essay, steel as scrap. Innovative judges, lawyers, and businessmen recognized that creditors would collect more over time if they all agreed instead to reduce their claims and keep the railroads running, thus allowing the companies to produce revenues to supplemental essays 2013, pay off their debts. This same logic animates Chapter 11 of the scholarships for college students essay, bankruptcy code today.
To understand why GM was an obvious candidate for Chapter 11 re-organization (rather than liquidation), it is important to start with the fundamental issue facing any firm filing for bankruptcy the question of whether it is economically failed or simply in financial distress. In deciding between the two, one considers whether it would be most efficient to continue to scoring criteria, deploy the company's assets its financial, physical, and human capital by re-organizing, or instead to 2013, liquidate the company and supplemental 2013, allow those assets to be redeployed elsewhere in the economy. For example, if a typewriter manufacturer were to file for bankruptcy today, it likely would be considered an for college 2013 economically failed enterprise: The market for typewriters is small and shrinking, and the manufacturer's financial, physical, and human capital would probably be better used elsewhere (perhaps in making computers). A financially distressed enterprise, on the other hand, is worth more alive than dead: It may have fallen on essay about romeo answers hard times the result of mismanagement or an 2013 economic downturn, perhaps but still provides a product or service that is in demand (and so could someday make for a thriving firm). Stanford Supplemental 2013. Through the use of Chapter 11, such a company can continue to operate while re-organizing to get out from under its debts. In recent decades, we have seen this logic at work with firms across several industries.
Virtually every major airline has been through bankruptcy at least once, as have K-Mart, Macy's, and a host of other familiar brands that are still very much in business. Others have filed for bankruptcy and disappeared Montgomery Ward, TWA, and Enron, for instance, were found to be economically failed and so were liquidated. Since the onset of the Great Recession in 2008, we have seen this process replicated many times: Numerous retailers (like Crabtree Evelyn and the Boscov's department-store chain) have successfully streamlined operations and re-organized under Chapter 11, while other well-known retailers (such as Circuit City and scholarships 2013, Linens 'n Things) have shuttered their stores. In late 2008, General Motors was a classic case of college admission essay a financially distressed rather than an economically failed enterprise. Scholarships For College Essay. It had a skilled and experienced work force, a stable of longstanding and well-respected brands, and an extended system of relationships with suppliers and economic case, customers all of scholarships for college essay which illustrated both its underlying value and potential. Creative Ks1. But the company also had several major financial liabilities: expensive labor contracts, massive legacy costs for pensions and health care, and scholarships, an outdated and creative writing images ks1, overgrown distribution system of dealerships that needed to be streamlined. A Chapter 11 re-organization would have given GM an opportunity perhaps its only opportunity to cut loose this dead weight. The only scholarships students, obstacle to such a restructuring might have been the requirement that a re-organizing company obtain so-called debtor in possession financing loans of funds it can use in the actual process of re-organization, and which receive first priority in repayment. Some have argued that, in light of GM's size and the instability in the credit markets at the time, the automaker might not have been able to secure such loans. While this may be true, a reasonable argument could be made that, under those circumstances, it would have been appropriate to use funds from the Troubled Asset Relief Program to lend or guarantee debtor-in-possession financing to GM. After all, the purpose of economic study TARP was to address liquidity problems in lending markets and to stave off bank runs that might have threatened the stability of solvent institutions.
And any failure by GM to obtain debtor-in-possession financing would have been attributable to scholarships for college essay, such liquidity problems in the lending markets. Using TARP funds for this limited purpose presumably would have required new statutory authorization, but it would have been consistent with TARP's rationale, and would have also provided a limiting principle that would have ruled out the heavy-handed intervention eventually pursued by the government. Plus, congressional approval of such a measure probably would have been more forthcoming than approval of a straightforward bailout. Instead, the Bush administration evidently in a state of panic as the economic crisis continued to mount pursued a far more open-ended use of TARP funds, injecting billions directly into Chrysler and GM. Here we encounter the next premise of the success-story narrative: that, in moving to avert a catastrophe in the auto industry, the president made legitimate use of the emergency authority and about.com college admission, resources he was granted by Congress to address the economic crisis. In truth, however, the use of TARP funds to for college 2013 essay, bail out GM and Chrysler most likely violated the law. The Troubled Asset Relief Program authorized the secretary of the Treasury to case, purchase. troubled assets from any financial institution, on such terms and conditions as are determined by for college the Secretary; the scoring criteria, law also gave the Treasury secretary power to take such actions as the Secretary deems necessary to carry out the for college essay, authorities in the legislation.
As Boston University law professor Gary Lawson noted in the Harvard Journal of Law Public Policy last year, the boundaries set on the use of these funds were so vague and so loose as to produce something approaching a slush fund for the Treasury. And yet, loose as it was, the TARP legislation did not permit the why is a literature review, use of the allotted funds to bail out automakers. The car companies, after all, were not financial institutions. Indeed, when the idea of bailing out scholarships for college students 2013 essay, Chrysler and GM came up, the a literature, congressional leadership decided that such a move would require new legislation, even though voting on a bill would necessarily put every member of Congress in a difficult spot. Supporting it would mean backing yet another bailout when the public was already outraged over TARP and the other lifelines to Wall Street, while voting against the legislation would mean declining to help American autoworkers.
It is unlikely that Congress would have taken up such a difficult measure if the leaders of the scholarships for college students essay, House and Senate thought GM and essay about and juliet with, Chrysler could be helped without a new law. When President Bush acted on his own, some opponents of the bailout in Congress raised alarms about the legality of his decision. A group of 26 irate Republican lawmakers sent a sharp letter to scholarships students 2013 essay, the president complaining that Congress never voted for scoring a federal bailout of the automobile industry, and scholarships for college students 2013, the only way for TARP funds to be diverted to domestic automakers is with explicit congressional approval. Stanford 2013. Supporters of the bailout kept mum about the question of legality. For its part, the September 2009 report of the Congressional Oversight Panel of TARP noted that the question of the basic legality of the scholarships for college 2013 essay, auto bailout was one of considerable debate characterized by significant ambiguity in the legislative language and congressional intent. But the panel cited no specific instance of ambiguity, and it is very hard to see how a bailout of automakers could have been the intent of the original TARP legislation let alone to see how the letter of the law could be read to permit such use of TARP dollars.
Unfortunately, the use of TARP funds to bail out the auto industry was never tested in court. Although a challenge was raised by essay some of Chrysler's creditors as part of the company's bankruptcy case, the scholarships 2013 essay, bankruptcy court refused them standing on that issue (arguing that the admission, particular mechanism behind the bailout was not relevant to their claims). The Supreme Court later held any further challenges to the legality of any aspect of the Chrysler case to be moot, without offering specific justifications. The bailouts of GM and Chrysler at the end of 2008 and the extension of those bailouts in for college students 2013, the beginning of 2009 were therefore both unnecessary and very likely illegal. Essays. But that was hardly the end of the story. After the bailouts came the arranged bankruptcies. At first, when the government announced that Chrysler and General Motors would be filing for Chapter 11, the news was received with relief by the market, the companies' creditors, and everyone concerned for the rule of for college students 2013 essay law. The mess created by the bailout could finally begin to move from the political arena to review, the legal arena, and so regain some semblance of legitimacy and order.
But it wasn't long before these hopes were dashed by the government's management of the process. Instead of a regular bankruptcy proceeding, the Obama administration, working with the automakers, patched together a process without precedent a bankruptcy combined with a bailout, incorporating the scholarships for college students 2013, worst elements of both. Of the two proceedings, Chrysler's was clearly the more egregious. In the years leading up to the economic crisis, Chrysler had been unable to acquire routine financing and so had been forced to for essays, turn to so-called secured debt in scholarships for college essay, order to fund its operations. Secured debt takes first priority in payment; it is also typically preserved during bankruptcy under what is referred to as the absolute priority rule since the lender of secured debt offers a loan to a troubled borrower only because he is guaranteed first repayment when the college, loan is up. In the Chrysler case, however, creditors who held the company's secured bonds were steamrolled into accepting 29 cents on the dollar for their loans. Meanwhile, the underfunded pension plans of the United Auto Workers unsecured creditors, but possessed of better political connections received more than 40 cents on students 2013 essay the dollar. Moreover, in a typical bankruptcy case in which a secured creditor is scoring, not paid in 2013, full, he is about.com admission essay, entitled to a deficiency claim the terms of which keep the bankrupt company liable for a portion of the unpaid debt.
In both the Chrysler and GM bankruptcies, however, no deficiency claims were awarded to the wronged creditors. Were bankruptcy experts to comb through American history, they would be hard-pressed to identify any bankruptcy case with similar terms. To make matters worse, both bankruptcies were orchestrated as so-called section 363 sales. This meant that essentially all the assets of old Chrysler were sold to new Chrysler (and old GM to new GM), and scholarships for college essay, were pushed through in a rush. These sales violated the stanford supplemental, longstanding bankruptcy principle that an asset sale should not be functionally equivalent to for college students 2013 essay, a plan of re-organization for an entire company what bankruptcy lawyers call a sub rosa plan. The reason is that the about.com college, re-organization process offers all creditors the scholarships students 2013, right to vote on economic the proposed plan as well as a chance to offer competing re-organization plans, while an asset sale can be carried out scholarships for college essay, without such a vote. In the cases of GM and Chrysler, however, the government essentially pushed through a re-organization disguised as a sale, and so denied the creditors their rights. As the University of Pennsylvania's David Skeel observed last year, selling an entire company of GM or Chrysler's size and complexity in this manner was unprecedented. Even on a smaller scale, it would have been highly irregular: While rush bankruptcy sales of much smaller companies were once common, the bankruptcy laws were overhauled in 1978 precisely to eliminate this practice.
At first, the fact that the companies' creditors (and especially Chrysler's creditors, who were so badly mistreated) put up with such terms and waived their property rights seems astonishing. But it becomes less so and sheds more light on how this entire process imperils the rule of law when one considers the romeo and juliet with, enormous leverage the essay, federal government had over most of these creditors. Many of Chrysler's secured-bond holders were large financial institutions several of writing which had previously been saved from failure by TARP. Though there is no explicit evidence that support from TARP funds bought these bond holders' acquiescence in the Chrysler case, their silence in the face of for college students a massive financial haircut is otherwise very difficult to a literature important, explain. Indeed, those secured-bond holders who were not supported by TARP did not go nearly as quietly.
A group of hedge funds that were among Chrysler's creditors initially objected to the bailout plan that preferred the UAW at their expense. In a now-infamous speech in April 2009, President Obama publicly attacked these investors who were merely standing up for their contract and property rights as profiteers, criticizing them for their unwillingness to make the same sacrifices as other investors (but not, of course, UAW members, who received a windfall). In response to this public browbeating from the president of the United States, the hedge funds caved and agreed to the terms. In the end, only one group of Chrysler bond holders the Indiana state teacher and scholarships students essay, police pension funds continued to object. Indeed, they objected at every stage of the why is a literature review, process, but the Supreme Court declined to hear their case. General Motors, too, had issued secured debt during its years of financial turmoil, but these bonds made up a far smaller fraction of the company's total outstanding debt. And in striking contrast with the students essay, Chrysler case, General Motors's bankruptcy plan left the secured creditors intact, paying them the full value of their claims. A Literature Important. From the students, perspective of bankruptcy law and contract rights, this development was encouraging: The Obama administration did not seek to plunder GM's secured creditors as it had Chrysler's. From the perspective of the rule of law, however, this differential treatment might have been even more troubling. On the matter of secured-bond holders, the cases of GM and Chrysler were functionally indistinguishable and yet GM's secured creditors were treated far better than Chrysler's.
The administration offered no public justification for study this differential treatment, and to an outside observer, there was only one key difference between the cases: The amount of GM's secured debt was relatively small compared to for college 2013, Chrysler's. The obvious conclusion, then, is creative, that the scholarships students essay, difference in a literature review, how the government treated the scholarships students 2013, automakers' creditors was purely a matter of expediency hardly a justifiable rationale. The highly irregular bankruptcies and essay about romeo, re-organizations of General Motors and Chrysler left the White House and Congress with enormous power over the subsequent operations of both companies. For College Students. (This was especially true of GM, in which the government at first had a majority stake, and in which it still possesses about one-third of the common stock.) Some government interventions were relatively subtle the companies' increased emphasis on creative images ks1 hybrids and electric vehicles, for instance, which are Obama-administration priorities but hardly sound economic choices for troubled automakers. Students 2013 Essay. But other interventions were quite egregious especially those related to the automakers' decisions about closing dealerships. Because of state laws that are highly protective of auto dealers, terminating and closing dealerships can be extremely difficult and expensive. Important. It has been estimated, for example, that it cost General Motors more than $1 billion to for college students 2013 essay, close dealerships when it decided to terminate its Oldsmobile line in 2004. About Romeo. Bankruptcy provided the opportunity to cut through this red tape by pre-empting those state laws, and so offered the scholarships essay, automakers a valuable chance to streamline which is, of course, the very purpose of bankruptcy re-organization. Unfortunately, the automakers came up against the same force that produced those protective state laws in the first place: the auto-dealer lobby, which wields enormous political influence (especially in small towns and rural areas).
Indeed, in many congressional districts, auto dealers are among the most high-profile members of review their communities; they sponsor Little League teams, support local charities, and host political fundraisers. It was therefore not surprising that Washington politicians were so aggressive in their efforts to reverse GM's decisions about dealership closures. Senator Amy Klobuchar, for instance, persuaded GM to rescind a closure order for a large dealership in scholarships for college students 2013 essay, Bloomington, Minnesota. Arizona representative Gabrielle Giffords did the same to keep open a Cadillac dealership in her Tucson district. Senator Jay Rockefeller intervened to rescue a dealership in stanford, West Virginia, and Senator Charles Schumer and Representative Dan Maffei intervened to save a Cadillac dealership in Syracuse, New York. In addition to students 2013 essay, these ad hoc interventions, Congress passed a law in December 2009 giving terminated dealers special rights in seeking arbitration a process that has burdened GM with substantial delays and costs. Supplemental. According to an August 2010 report in Automotive News , of cases that had actually gone to arbitration, GM had won 39 and lost 23. Furthermore, the company had entered into letters of intent for conditions for reinstatement with 702 other dealerships. Taken together, those dealers reinstated through arbitration and scholarships for college students 2013, those offered reinstatement through letters of intent represented 62% of all the dealers that had filed claims for arbitration.
In addition, GM had settled disputes with 408 dealers under undisclosed terms; according to lawyers for the dealers, however, the dealerships were usually terminated only after GM paid case settlements settlements that, in some instances, reached as high as several million dollars. The result of the 2009 law has thus been an unimpressive arbitration record for General Motors, and the retention of many more dealerships than sound business principles could justify. Such political pressures were exerted on behalf of suppliers, too. College Admission Essay. For instance, GM had for several years purchased the for college 2013, mineral palladium from a Montana mine; upon filing for scoring for essays bankruptcy, the company decided to replace the Montana distributor with cheaper suppliers in Russia and South Africa. But Montana's senators, Democrats Max Baucus and Jon Tester, prevailed upon GM to scholarships for college students 2013, abandon its plans and continue using the more expensive Montana supplier. Similarly, when GM announced plans to produce a new subcompact car in China, immense pressure from 2013, Capitol Hill forced the company to reverse its decision. Arriving at more efficient dealership arrangements and more cost-effective relationships with suppliers was, of course, one of the chief reasons given for scholarships 2013 putting the why is a literature important, automakers into bankruptcy. But these aims were seriously undercut by the meddling of elected officials. There is little doubt that General Motors and, in all probability, Chrysler too would have emerged stronger and more competitive had they pursued normal bankruptcies (perhaps with some help in essay, obtaining financing), not massive bailouts followed by bankruptcies run by the government.
Every piece of the success story of the auto bailout would thus seem to stanford supplemental, be in error. Students. The bailout was not absolutely necessary and was pursued by means of dubious legality; the bankruptcies were highly irregular and review, inefficient; and the companies that have emerged from bankruptcy are far from lean and fit. They are certainly in no position to repay taxpayers for the generous loans they were given. But as bad as the scholarships for college 2013 essay, facts of the story are, the stanford 2013, implications are much worse. For College Essay. Through their actions, both the Bush and Obama administrations have set dangerous precedents and criteria, made it much more difficult to reverse the scholarships 2013, trends of executive overreach and images, excessive government entanglement with private business. As a matter of students policy, the Bush interventions early in criteria for essays, the process were more ad hoc affairs, motivated largely by panic in the midst of the economic crisis. This was particularly true of for college students 2013 essay Treasury Secretary Henry Paulson, whose performance in scoring for essays, the final months of the for college 2013 essay, Bush administration was disgraceful. But it is hard to avoid the conclusion that, at its core, the Bush approach was also influenced by the imperious view of executive power that had developed in the course of the war on writing images terror and for college 2013, had been supported by some conservative thinkers for much of Bush's presidency. Economic Case Study. The notion that the president simply must do whatever he judges necessary in an emergency regardless of whether he has the students 2013, formal legal authority to do it is among Bush's foremost legacies. The concluding months of his presidency should offer a cautionary tale to conservatives inclined to a literature important, adopt that view of executive power.
The Obama administration's role in students 2013 essay, this story, however, is far more troubling. One cannot explain away Obama's overreach as a panicked response to an emergency; rather, his actions toward GM and Chrysler were part of a considered, coherent approach to review important, the relationship between government and private industry. Scholarships For College Essay. And this approach defined by essay questions romeo with broad government power unchecked by legal constraints and possessing sweeping authority to pick winners and scholarships for college students, losers has guided the administration's policies well beyond the auto bailout. The aim of this approach is to rejuvenate the New Deal vision of the regulatory state, in which regulators are seen as disinterested experts with the factual knowledge, practical wisdom, and unwavering integrity to manage the economy. They alone are presumed to be capable of steering the nation toward prosperity. It was this approach that clearly animated, for instance, the financial-reform legislation enacted by President Obama and the Democratic Congress last year. Just as the about and juliet with, government was seen as having the wisdom to micromanage the restructuring of Chrysler and General Motors, so the new financial-reform law creates a vast web of regulatory bodies and presumes that they will have the know-how to successfully reshape America's entire financial system. The same basic pattern can be seen in several of the Obama administration's other legislative achievements from the massive 2009 stimulus package to the health-care reform bill to students 2013 essay, a host of about.com college admission essay environmental regulatory initiatives. Taken together, these laws have dramatically worsened the entanglement of scholarships for college students 2013 government and the private sector, and have thereby led to an increase in lobbying activity by special interests seeking government favors or protection.
The financial-reform law, for with answers instance, is littered with special-interest provisions intended to for college 2013 essay, entice major corporations into supporting the administration's new approach to economic policy. Auto-finance lenders are inexplicably exempted from the jurisdiction of one of the law's new creations, the Consumer Financial Protection Bureau, thereby sparing them (and the influential auto dealers they work with) from the regulatory costs and hassles caused by the CFPB. The nation's biggest banks, too, ultimately came to support the creation of the study, CFPB, as they recognized that its heavy regulatory burdens would be borne much more easily by scholarships for college students 2013 essay large institutions which can more readily afford to hire lobbyists and lawyers to help navigate the law's complexities than by stanford supplemental essays 2013 their smaller competitors. Other examples abound; among them, the most outrageous is probably the scholarships students, sweeping health-care law enacted last year. The legislation had the support of America's major health insurers likely because the law made them the first suppliers in American history to see the federal government mandate the purchase of their product by college admission every single citizen. The opposition of pharmaceutical manufacturers, too, was significantly dampened; presumably this had something to do with the scholarships for college, administration's promises of increased market demand for about.com their products.
Even the American Medical Association which should have been representing the interests of doctors, who will face enormous difficulties under the law rolled over, partly to obtain a repeal of rules that had limited certain Medicare reimbursements. Again and again, large corporate actors and other organizations have been willing to sell some freedom of action in return for a competitive advantage provided by the government. The Obama administration's economic policy, therefore, returns us to the thinking of the scholarships students essay, 1950s and '60s to an economy in which big business, big labor, and big government are tied together in a relationship of mutual succor and support. The auto bailouts exemplify this new reality. Sold as a means of revitalizing the economy, they are in fact a means of transforming the relationship between the state and the market in a way that empowers large players at the cost of economic growth. The overall effect of such state capitalism is a kind of controlled stasis, in which the preservation of college admission essay old jobs takes priority over the creation of new ones. Managed decline, rather than dynamic growth, is the defining feature of the Obama economy. It is not hard to for college students 2013 essay, understand why those who embrace this vision of politics and economics would see the bailouts of essay questions about romeo answers Chrysler and General Motors as a great success story.
But their notion of success is a far cry from old-fashioned prosperity. The Obama administration's idea of what is good for General Motors, much like its idea of what is good for America, is unlikely to be particularly good for students either. Todd Zywicki is the supplemental essays 2013, George Mason University Foundation Professor at the George Mason University School of Law and a senior scholar at the Mercatus Center.
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Homework: An Unnecessary Evil? … Surprising Findings From New Research (##) Share this article. An unnecessary evil? … Surprising Findings From New Research. A brand-new study on the academic effects of homework offers not only for college students some intriguing results but also a lesson on economic case, how to read a study — and scholarships students essay a reminder of the importance of doing just that: reading studies (carefully) rather than relying on summaries by journalists or even by college, the researchers themselves. Let’s start by scholarships for college essay, reviewing what we know from earlier investigations. First, no research has ever found a benefit to assigning homework (of any kind or in any amount) in elementary school. In fact, there isn’t even a positive correlation between, on a literature review, the one hand, having younger children do some homework (vs. none), or more (vs. less), and, on the other hand, any measure of achievement. If we’re making 12-year-olds, much less five-year-olds, do homework, it’s either because we’re misinformed about what the students 2013 evidence says or because we think kids ought to have to do homework despite what the evidence says. Second, even at the high school level, the criteria for essays research supporting homework hasn’t been particularly persuasive. Students 2013? There does seem to be a correlation between homework and standardized test scores, but (a) it isn’t strong, meaning that homework doesn’t explain much of the variance in scores, (b) one prominent researcher, Timothy Keith, who did find a solid correlation, returned to the topic a decade later to enter more variables into the equation simultaneously, only to discover that the essay questions about improved study showed that homework had no effect after all, and (c) at best we’re only talking about a correlation — things that go together — without having proved that doing more homework causes test scores to go up. Scholarships For College Students 2013 Essay? (Take 10 seconds to review see if you can come up with other variables that might be driving both of these things.) Third, when homework is related to test scores, the connection tends to be strongest — or, actually, least tenuous — with math. If homework turns out to scholarships for college essay be unnecessary for students to succeed in that subject, it’s probably unnecessary everywhere. Along comes a new study, then, that focuses on the neighborhood where you’d be most likely to questions find a positive effect if one was there to be found: math and science homework in high school. Like most recent studies, this one by Adam Maltese and his colleagues doesn’t provide rich descriptive analyses of what students and teachers are doing.
Rather, it offers an scholarships for college 2013 aerial view, the kind preferred by economists, relying on two large datasets (from the National Education Longitudinal Study [NELS] and the Education Longitudinal Study [ELS]). About And Juliet With Answers? Thousands of students are asked one question — How much time do you spend on homework? — and statistical tests are then performed to discover if there’s a relationship between that number and how they fared in their classes and on standardized tests. It’s easy to miss one interesting result in this study that appears in for college a one-sentence aside. When kids in creative ks1 these two similar datasets were asked how much time they spent on math homework each day, those in the NELS study said 37 minutes, whereas those in the ELS study said 60 minutes. There’s no good reason for scholarships 2013 essay such a striking discrepancy, nor do the authors offer any explanation. They just move right along — even though those estimates raise troubling questions about the whole project, and creative ks1 about all homework studies that are based on self-report. Which number is more accurate? Or are both of scholarships for college 2013, them way off? There’s no way of knowing.
And because all the conclusions are tied to that number, all the conclusions may be completely invalid. But let’s pretend that we really do know how much homework students do. Criteria For Essays? Did doing it make any difference? The Maltese et al. study looked at the effect on test scores and on grades. They emphasized the latter, but let’s get the former out of the scholarships way first. Was there a correlation between the economic amount of 2013, homework that high school students reported doing and about.com essay their scores on standardized math and science tests? Yes, and it was statistically significant but “very modest”: Even assuming the existence of a causal relationship, which is by no means clear, one or two hours’ worth of homework every day buys you two or three points on a test. Essay? Is that really worth the writing ks1 frustration, exhaustion, family conflict, loss of time for other activities, and students essay potential diminution of interest in learning? And how meaningful a measure were those tests in the first place, since, as the authors concede, they’re timed measures of economic case, mostly mechanical skills? (Thus, a headline that reads “Study finds homework boosts achievement” can be translated as “A relentless regimen of after-school drill-and-skill can raise scores a wee bit on tests of rote learning.”) But it was grades, not tests, that Maltese and his colleagues really cared about. They were proud of having looked at transcript data in scholarships for college 2013 order to figure out creative ks1 “the exact grade a student received in each class [that he or she] completed” so they could compare that to for college students how much homework the student did.
Previous research has looked only at essay about romeo and juliet students’ overall grade-point averages. And the result of this fine-tuned investigation? There was no relationship whatsoever between time spent on homework and course grade, and “no substantive difference in for college students 2013 essay grades between students who complete homework and those who do not.” This result clearly caught the researchers off-guard. Frankly, it surprised me, too. When you measure “achievement” in terms of grades, you expect to see a positive result — not because homework is academically beneficial but because the same teacher who gives the assignments evaluates the scoring criteria for essays students who complete them, and the final grade is for college students 2013 essay, often based at least partly on about.com admission, whether, and to what extent, students did the homework.
Even if homework were a complete waste of time, how could it not be positively related to course grades? And yet it wasn’t. Again. Even in high school. Even in students essay math. The study zeroed in on specific course grades, which represents a methodological improvement, and the moral may be: The better the research, the essay questions about romeo and juliet with less likely one is to find any benefits from for college students 2013 homework. (That’s not a surprising proposition for a careful reader of about.com admission essay, reports in this field. Scholarships For College? We got a hint of that from Timothy Keith’s reanalysis and also from the criteria fact that longer homework studies tend to find less of an effect.) Maltese and his colleagues did their best to reframe these results to minimize the stunning implications. Like others in this field, they seem to have approached the topic already convinced that homework is necessary and potentially beneficial, so the only question we should ask is How — not whether — to essay assign it. But if you read the scoring criteria results rather than just the authors’ spin on them — which you really need to do with the work of others working in this field as well — you’ll find that there’s not much to for college students essay prop up the belief that students must be made to work a second shift after they get home from school. The assumption that teachers are just assigning homework badly, that we’d start to see meaningful results if only it were improved, is harder and harder to justify with each study that’s published. If experience is any guide, however, many people will respond to these results by about.com college essay, repeating platitudes about the importance of practice, or by complaining that anyone who doesn’t think kids need homework is coddling them and failing to prepare them for the “real world” (read: the pointless tasks they’ll be forced to scholarships do after they leave school). Writing? Those open to evidence, however, have been presented this fall with yet another finding that fails to find any meaningful benefit even when the study is set up to scholarships for college essay give homework every benefit of the doubt.
1. It’s important to remember that some people object to homework for reasons that aren’t related to the dispute about college essay, whether research might show that homework provides academic benefits. They argue that (a) six hours a day of academics are enough, and kids should have the chance after school to explore other interests and develop in other ways — or be able simply to relax in the same way that most adults like to relax after work; and for college 2013 (b) the decision about economic case study, what kids do during family time should be made by for college 2013, families, not schools. Let’s put these arguments aside for now, even though they ought to be (but rarely are) included in any discussion of the topic. 2. Valerie A. Cool and Timothy Z. Keith, “Testing a Model of School Learning: Direct and stanford supplemental essays Indirect Effects on Academic Achievement,” Contemporary Educational Psychology 16 (1991): 28-44. 3. Adam V. Maltese, Robert H. Tai, and Xitao Fan, “When Is Homework Worth the Time? Evaluating the Association Between Homework and Achievement in scholarships students 2013 High School Science and Math,” The High School Journal , October/November 2012: 52-72. Abstract at http://ow.ly/fxhOV. Creative Ks1? 4. Other research has found little or no correlation between how much homework students report doing and how much homework their parents say they do. When you use the parents’ estimates, the 2013 correlation between homework and achievement disappears. See Harris Cooper, Jorgianne Civey Robinson, and Erika A. Patall, “Does Homework Improve Academic Achievement?: A Synthesis of Research, 1987-2003,” Review of Educational Research 76 (2006): 1-62.
5. To put it the why is review other way around, studies finding the biggest effect are those that capture less of what goes on for college students essay, in the real world by virtue of being so brief. View a small, unrepresentative slice of a child’s life and it may appear that homework makes a contribution to achievement; keep watching, and that contribution is eventually revealed to be illusory. See data provided — but not interpreted this way — by case study, Cooper, The Battle Over Homework, 2nd ed. (Thousand Oaks, CA: Corwin, 2001). Students? 6. Even the title of a literature review important, their article reflects this: They ask “When Is Homework Worth the Time?” rather than “ Is Homework Worth the Time?” This bias might seem a bit surprising in the case of the study’s second author, Robert H. Tai. He had contributed earlier to another study whose results similarly ended up raising questions about the for college essay value of supplemental essays, homework. Students enrolled in college physics courses were surveyed to determine whether any features of their high school physics courses were now of use to them. At first a very small relationship was found between the amount of scholarships for college essay, homework that students had had in high school and how well they were currently faring.
But once the researchers controlled for images other variables, such as the type of classes they had taken, that relationship disappeared, just as it had for Keith (see note 2). The researchers then studied a much larger population of students in 2013 college science classes – and found the same thing: Homework simply didn’t help. See Philip M. Sadler and Robert H. Tai, “Success in Introductory College Physics: The Role of High School Preparation,” Science Education 85 : 111-36.
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Editor registr pouzivejte pouze na vlastni riziko. Abyste mohli registr Windows opravit rucne, nejdriv si vytvorte zalohu tak, ze exportujete cast registru souvisejiciho s calibrizeresume.exe (napr. About.com? Calibrize): Kliknete na tlacitko Start . For College Students 2013? Do vyhledavaciho okenka napiste command . Essay Questions Answers? Zatim NESTLACEJTE ENTER ! Podrzte na klavesnici CTRL-Shift a zaroven stisknete ENTER . For College Students 2013 Essay? Budete vyzvani povolovacim dialogovym oknem. Why Is A Literature Review? Kliknete na Ano . Students Essay? Otevre se cerna skrinka spolu s blikajicim kurzorem.
Napiste regedit a stisknete ENTER . Economic Study? V Editoru registru vyberte klic souvisejici s calibrizeresume.exe (napr. Scholarships For College 2013 Essay? Calibrize), ktery chcete zalohovat. Essay Romeo? Z Menu se soubory vyberte Export . Scholarships Students Essay? V seznamu Ulozit do vyberte slozku, kam chcete ulozit klic k zaloze Calibrize. Essays? Do okenka Nazev souboru napiste nazev zalohovaneho souboru, napr. Scholarships For College Essay? Zaloha Calibrize. Stanford Supplemental Essays? U policka Rozsah exportu se ujistete, ze jste vybrali Vybrana vetev . Scholarships Students Essay? Kliknete na Ulozit . Essay About Romeo? Soubor byl ulozen se souborovou priponou .reg . Scholarships? Prave jste vytvorili zalohu polozky registru souvisejiciho s calibrizeresume.exe.
Tento clanek nevysvetluje dalsi kroky tykajici se rucni upravy vasich registru, jelikoz exitruje vysoke riziko, ze by about.com college admission mohlo dojit k poskozeni vaseho systemu. For College? Pokud byste se chteli o rucni uprave registru dozvedet vice, podivejte se prosim na nize uvedene odkazy. Neneseme zadnou odpovednost za vysledky cinnosti provedene na zaklade obsahu odkazu uvedenych nize - dokonceni techto ukolu je na vlastni nebezpeci. Krok 2: Provest celkovou kontrolu vaseho PC kvuli skodlivemu softwaru. Muze se stat, ze chyba s calibrizeresume.exe bude souviset s napadenim vaseho pocitace skodlivym softwarem. Creative Writing Images Ks1? Skodlivi vetrelci mohou narusit, poskodit nebo dokonce vymazat soubory spojene s EXE. Students 2013? A navic zde existuje riziko, ze chyba calibrizeresume.exe, ktera se u vas vyskytla, souvisi s komponentem spojenym se samotnym skodlivym programem. Tip: Pokud jste si jeste nenainstalovali ochranny progarm proti skodlivemu softwaru, doporucujeme pouzit Emsisoft Anti-Malware (stahnout zde). Why Is A Literature Review Important? Poskytuji zaruku na odstraneni skodliveho softwaru, ktera nenabizi zadna jina spolecnost. Krok 3: Vycistete nevyzadane (docasne soubory a slozky) ve vasem systemu pomoci Vycisteni disku (cleanmgr) V prubehu casu se ve vasem pocitaci nahromadi nechtene soubory z bezneho surfovani po internetu a pouzivani pocitace.
Pokud dane nechtene soubory z casu na cas nevymazete, mohou zpusobit, ze Calibrize bude reagovat zpomalene nebo vyhodi chybovou zpravu calibrizeresume.exe v dusledku moznych konfliktu mezi soubory nebo pretezeneho hard disku. Students Essay? Vycisteni techto docasnych souboru pomoci Vycisteni disku vam muze nejenom pomoci vyresit problem s calibrizeresume.exe , ale rovnez muze vyrazne urychlit praci vaseho PC. Tip: I kdyz je Vycisteni disku skvely nastroj, nevycisti uplne vsechny docasne soubory na vasem pocitaci. Questions About Romeo And Juliet With? Pomoci Vycisteni disku nelze vycistit mnohe dalsi programy, ktere casto pouzivate jako Microsoft Office, Firefox, Chrome, Live Messenger a stovky dalsich programu (vcetne nekterych programu Eberhard Werle). Kvuli nedostatkum nastroje Windows Vycisteni disku (cleanmgr), vam pro scholarships students essay vycisteni celeho pocitace vrele doporucujeme pouzit specializovany software na vycisteni hard disku / ochranu soukromi, jako WinSweeper (vyvinuty spolecnosti Microsoft Gold Partner). Important? Test WinSweeper jednou denne (pomoci automaticke kontroly) zajisti, ze vas pocitac bude vzdy cisty, rychly a bez chyb calibrizeresume.exe souvisejicich s docasnymi soubory.
Jak spustit Vycisteni disku (cleanmgr) (Windows XP, Vista, 7, 8 a 10 ): Kliknete na tlacitko Start . For College? Do vyhledavaciho okenka napiste command . Why Is Review? Zatim NESTLACEJTE ENTER ! Podrzte na klavesnici CTRL-Shift a zaroven stisknete ENTER . Scholarships For College Students? Budete vyzvani povolovacim dialogovym oknem. Criteria? Kliknete na Ano . Scholarships For College 2013 Essay? Otevre se cerna skrinka spolu s blikajicim kurzorem. Economic? Napiste cleanmgr a stisknete ENTER . For College Students? Vycisteni disku zacina vyhodnocovat, kolik mista na disku muzete vycistenim ziskat. 2013? V dialogovem oknu Vycisteni disku se objevi nekolik zaskrtavacich policek, z kterych si muzete vybrat. For College Students? Ve vetsine pripadu kategorie Docasne soubory zabere na disku nejvice mista. Scoring Criteria? Zaskrtnete policka kategorii, ktere chcete smazat, a kliknete na OK . Krok 4: Aktualizujte ovladace zarizeni na PC.
Chyby Calibrizeresume.exe mohou souviset s poskozenim nebo neaktualnosti ovladacu zarizeni. Scholarships Essay? Ovladace mohou jeden den fungovat zcela bez problemu a druhy den z ruznych duvodu z niceho nic vypadnout. Creative Writing Images? Dobrou zpravou je, ze ovladac zarizeni muzete vzdy aktualizovat, abyste problem EXE vyresili. Z duvodu casove narocnosti a komplexnosti potrebnych k aktualizaci ovladacu, vyrazne doporucujeme pouzit nastroj na aktualizaci ovladacu jako DriverDoc (vyvinuty partnerem Microsoft Gold) pro students essay automatizaci celeho procesu. Poznamka: Vas calibrizeresume.exe nemusi souviset s problemy s pevnym diskem, ale vzdy stoji za to essay about romeo and juliet with answers, zajistit, aby vsechny vase ovladace pocitacovych zarizeni byly aktualizovany a maximalizovat tim vykon PC. Krok 5: Pro Vraceni akce zpet u nedavno ucinenych systemovych zmen pouzijte Obnovu systemu Windows. Obnova systemu Windows Vam umozni posunout vas pocitac do minulosti a pomuze vam napravit problemy s calibrizeresume.exe. Scholarships For College Students Essay? Obnova pocitace vrati systemove soubory a programy PC zpatky do doby, kdy vsechno fungovalo spravne.
To muze zabranit Vasim bolestem hlavy po te, co byste dlouhe hodiny stravili resenim problemu souvisejicich s chybami EXE. Poznamka: Pouziti Obnovy systemu neohrozi vase dokumenty, obrazky ani dalsi data. Pouzijte Obnovu systemu (Windows XP, Vista, 7, 8 a 10) : Kliknete na tlacitko Start . Case Study? Do vyhledavaciho okenka napiste Obnova systemu a stisknete ENTER . For College Students 2013? Ve vysledcich kliknete na Obnoveni systemu . Creative Writing Images Ks1? Zadejte vsechna hesla spravce (pokud se zobrazi vyzva). Scholarships Students? Postupujte podle kroku v Pruvodci , abyste mohli stanovit bod obnovy. Essay About Romeo Answers? Restartujte svuj pocitac.
Krok 6: Odinstalujte a znovu nainstalujte Calibrize program spojeny s Calibrizeresume.exe. Pokyny pro scholarships students 2013 Windows 7 a Windows Vista: Kliknete na tlacitko Start a otevrete Programy a funkce. Why Is? Kliknete na Ovladaci panel na prave strane nabidky. Students 2013 Essay? Kliknete na Programy . Scoring? Kliknete na Programy a funkce . Scholarships Students 2013 Essay? Ve sloupci Nazev najdete Calibrize . Why Is Review? Kliknete na polozku Calibrize . For College? Kliknete na tlacitko Odinstalovat na hornim pasu nabidky. Case Study? Pro dokonceni odinstalovani programu Calibrize postupujte podle pokynu na obrazovce. Pokyny pro for college 2013 Windows XP: Kliknete na tlacitko Start a otevrete Programy a funkce. Economic Case? Kliknete na Ovladaci panel . Scholarships For College Students Essay? Kliknete na Pridat nebo odebrat programy . A Literature? Najdete Calibrize v seznamu Aktualne nainstalovane programy . Scholarships For College 2013? Kliknete na polozku Calibrize . Images Ks1? Kliknete na tlacitko Odstranit na prave strane.
Pro dokonceni odinstalovani programu Calibrize postupujte podle pokynu na obrazovce. Pokyny pro students essay Windows 8: Prejedte kurzorem pres levou dolni cast obrazovky a vytvorte obraz Menu Start . A Literature Important? Kliknete pravym tlacitkem a vyvolejte tak Kontextovou nabidku Start . Scholarships Students 2013 Essay? Kliknete na Programy a funkce . Creative? Ve sloupci Nazev najdete Calibrize . Kliknete na polozku Calibrize . For College Students 2013 Essay? Kliknete na Odinstalovat/Zmenit na hornim pasu nabidky. Creative Writing Images? Pro dokonceni odinstalovani programu Calibrize postupujte podle pokynu na obrazovce. Pokud jste uspesne odinstalovali program propojeny s calibrizeresume.exe (napr. For College 2013? Calibrize), opetovne jej nainstalujte podle pokynu Eberhard Werle. Tip: Pokud vite, ze chyby EXE sousvisi s konkretnim programem Eberhard Werle, pravdepodobnym resenim vaseho problemu bude odinstalovani a preinstalovani programu spojeneho s calibrizeresume.exe. Krok 7: Spustit Kontrolu systemovych souboru Windows (sfc /scannow) Kontrola systemovych souboru je uzitecny nastroj, zahrnuty primo ve Windowsu, ktery vam umozni vyhledat a obnovit poskozene soubory systemu Windows (vcetne tech, jez souvisi s calibrizeresume.exe). Creative Ks1? Pokud Kontrola systemovych souboru zjisti problem s EXE anebo jinym klicovym systemovym souborem, problematicky soubor se automaticky pokusi nahradit.
Pro spusteni Kontroly systemovych souboru ( Windows XP, Vista, 7, 8 a 10 ): Kliknete na tlacitko Start . Students 2013? Do vyhledavaciho okenka napiste command . Essay Questions About Romeo And Juliet? Zatim NESTLACEJTE ENTER ! Podrzte na klavesnici CTRL-Shift a zaroven stisknete ENTER . Students 2013 Essay? Budete vyzvani povolovacim dialogovym oknem. Creative Images? Kliknete na Ano . For College Students Essay? Otevre se cerna skrinka spolu s blikajicim kurzorem. About Romeo? Napiste sfc /zkontrolovatted a stisknete ENTER . Students 2013 Essay? Kontrola systemovych souboru zacne s kontrolou calibrizeresume.exe a dalsich problemu se systemovymi soubory (budte trpelivi - kontrola systemu muzete chvili trvat). A Literature? Postupujte podle prikazu na obrazovce. Krok 8: Nainstalovat vsechny dostupne aktualizace Windows.
Microsoft neustale aktualizuje a zlepsuje systemove soubory Windowsu, co muze byt spojeno s calibrizeresume.exe. Students 2013? Nekdy muzete sve problemy s EXE vyresit snadno stazenim aktualizace nejnovejsiho Service Packu od Windows nebo obdobneho pravidelne vydavaneho balicku od Microsoftu. Pro vyhledani Aktualizaci Windowsu (Windows XP, Vista, 7, 8 a 10 ): Kliknete na tlacitko Start . Why Is A Literature Review Important? Do vyhledavaciho okenka napiste aktualizovat a stisknete ENTER . Students 2013? Zobrazi se dialogove okno Aktualizace Windowsu . Scoring? Pokud jsou k dispozici aktualizace, kliknete na tlacitko Instalovat aktualizace . Krok 9: Provest cistou instalaci Windows. Upozorneni: Musime zduraznit, ze preinstalovani Windowsu je casove narocnym a pokrocilym ukolem v pripade reseni problemu s calibrizeresume.exe. Essay? Pokud se chcete vyhnout ztrate dat, musite si byt jisti, ze jste pred zahajenim procesu zalohovali vsechny dulezite dokumenty, obrazky, instalace softwaru a dalsi osobni data. A Literature Important? Pokud si v soucasne dobe data nezalohujete, meli byste tak okamzite ucinit (stahnete si vrele doporucovane reseni pro for college students zalohovani), abyste se ochranili pred ztratou dat.
Poznamka: Pokud cyhby calibrizeresume.exe pretrvavaji i po ciste instalaci Windows, vas problem EXE MUSI souviset s hardwarem. Study? V pripade teto priciny budete pravdepodobne muset nahradit prislusny hardware zpusobujici chybu calibrizeresume.exe. Chybove zpravy Calibrizeresume.exe se mouhou objevit v kteremkoli z nasledujicich operacnich systemu Microsoft Windows: Jeste stale mate problemy s Calibrizeresume.exe? Potrebujete-li dalsi pomoc, muzete nas kdykoli kontaktovat prostrednictvim socialnich medii: Clanek autora: Jay Geater je prezident a CEO spolecnosti Solvusoft Corporation, coz globalni softwarova spolecnost zamerena na poskytovani inovativniho softwaroveho nastroje. For College Essay? Je to images ks1, celozivotni pocitacovy nadsenec a miluje vse, co souvisi s pocitaci, softwarem, a novou technologii. Prohledavat soubory EXE v abecednim poradi: Solvusoft Corporation 2011-2017. Scholarships Students 2013? All Rights Reserved. Solvusoft: drzitel oznaceni Microsoft Gold Certified.
Spolecnost uznavana pro scoring criteria for essays sve nejlepsi schopnosti v oboru nezavislych prodejcu software (Independent Software Vendor, ISV) Spolecnost Microsoft uznava Solvusoft jako jednoho z prednich nezavislych prodejcu software, ktery dosahl nejvyssi urovne kompetence a excelence v oboru vyvoje software. Students 2013 Essay? Tesna spoluprace firmy Solvusoft se spolecnosti Microsoft v ramci jeji pozice Gold Certified Partner nam umoznuje poskytovat nejlepsi softwarova reseni optimalizovana pro supplemental vykon na operacnich systemech Windows. Jak spolecnosti dosahuji kompetencniho stupne Gold? Aby Solvusoft dosahl kompetencni urovne Gold, musel se podrobit rozsahle nezavisle analyze, ktera se mimo jine kvality zamerovala na jeho vysokou odbornost v oboru software, historii uspesneho poskytovani sluzeb zakaznikum, a spickovou hodnotu z pohledu zakaznika.
Jakozto nezavisly prodejce software (ISV) nesouci oznaceni Gold Certified je spolecnost Solvusoft schopna poskytovat zakaznikum nejvyssi uroven naplneni jejich potreb tim, ze software a provozni reseni, ktera dodava, maji spickovou uroven a byly podrobeny rigoroznimu a pravidelne auditovanemu procesu schvalovani ze strany spolecnosti Microsoft.
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IGCSE and for college students 2013 essay GCSE Geography Coursework (Paper 4) Paper 4 is the alternative to coursework paper that is worth 27.5% of your final IGCSE grade. The coursework paper tests your understanding of how coursework is carried out. Essay Questions And Juliet With Answers? The paper is 1 hour and 30 minutes long and divided into two 30 mark questions. You answer all the questions on the examination paper, most questions are short in scholarships for college students essay length, between 1 and 4 marks. The paper requires a combination of knowledge and stanford supplemental 2013 skills. For College? The questions usually focus on coursework to do with; coasts, rivers, settlements or weather. As a IGCSE geographer it is possible to carry out coursework on many aspects of the course. Study? Possible topics and areas of study may include:
Changes in river velocity from source to mouth Changes in load (shape and size) from source to mouth Changes in channel depth, width, cross-section and wetted perimeter from source to mouth Changes in discharge from source to mouth Changes across a meanders cross section Changes in river gradient from source to mouth Changes in valley size and gradient from source to mouth Changes in land use a long a river Changes in pollution along a rivers' course (you need proper equipment for this) Changes in vegetation (cover and variety) moving inland Changes in beach profile and sand dune profile Speed of longshore drift Changes in land use Changes in defences (compare to land use) Changes in scholarships students essay beach or dune material (size or shape) Changes in land use Changes in traffic (maybe CBD to supplemental essays rural-urban fringe) Changes in pedestrians Number and type of scholarships for college tourists Changes in the quality of the environment or pollution levels (may look at the impact of industry) Changes in globalisation Changes in cost of products Comparison to Burgess or Hoyt Model Changes in wealth or population density (will have to use some secondary data) Sphere of influences of settlements or services. Changes in temperature throughout the day or between seasons Changes in rainfall Changes in humidity Changes in about.com hours of sunshine or cloud cover Changes in scholarships students wind speed and wind direction. Before you choose your coursework you have to decide if you live in a suitable study location. About.com College Admission Essay? For example it is no use trying to do a piece of students 2013 coursework on stanford supplemental essays, rivers, if you live in the middle of a desert. For College Students 2013? Before starting your coursework, you should also think about how you can carry out the coursework safely and definitely carry out a risk assessment. You can make your coursework safer by writing doing the scholarships for college, following: Protection from the weather (waterproof jacket, umbrella, hat, suncream) Sensible dress (remember you will be representing your school, but you should also wear clothes that don't draw attention to yourself Always carry out criteria for essays coursework in groups Always tell an adult or teacher where you area carrying out for college 2013 coursework Always carry a mobile phone with you Never do coursework near a river or the sea without an adult or teacher and without them checking that it is safe Carry out coursework in day light and review wear reflective clothes Check that your study area is scholarships for college students, safe.
For example it wouldn't be safe walking around downtown San Salvador Don't display valuables making you more vulnerable to crime e.g. Economic Case? if you have a camera or a phone keep it out of sight. Specification: Formulating aims and hypotheses: Candidates should be familiar with hypotheses as statements that form the basis of Coursework assignments. The hypotheses may investigate a geographical concept e.g. ‘A CBD has the highest concentration of comparison shops’. Collecting relevant data, analysis and for college students essay drawing conclusions using the data as evidence can test these. The width of a river will increase as you move from the source to about.com college admission the mouth The amount of traffic will increase as you move from the rural-urban fringe to the CBD The amount of vegetation will increase as you move inland from the sea (distance = 200metres) The hottest part of the day will be between 1200 and 1400. Whenever you are doing data collection, the scholarships for college students 2013, aim is to be as objective as possible. Objective means that no bias or personal opinion affects the outcome of your results.
The opposite to be objective is being subjective. Being subjective simple means that your own personal views and about bias has influenced results. It is for college students 2013 essay, up to date (current) You know how the a literature review important, data has been collected i.e. what technique It only includes data that is relevant to for college students essay your coursework It only covers your study area It is collected in the format that you want. You can study temporal changes e.g. how population has changed over a number of writing ks1 years It can be quicker, especially if the data is on the internet You can study a larger area It may include data that you can not obtain personally e.g. salaries. The data may include some personal bias Data collection can be time consuming It can be expensive to travel to places to collect data It is hard to study temporal changes Some data might be unavailable or too dangerous to for college students 2013 collect Only possible to cover a small area. It is out of date, especially if it has been printed in a book. There might more information than you need The information may include a larger area than your study area You may not know how the economic case, data was collected and scholarships for college 2013 essay who collected the data The data might be in the wrong format e.g. in a graph and creative images ks1 not raw figures. Quantitative data: This is any data that involves figures.
Quantitative data is very easy to present and analyse. Even though it is easy to present it can be very general and exclude some data. Because you are following a pattern you will get better coverage of an students area or sample group. Even though you pick the technique, once it is picked, there is why is, no bias in who gets selected. It is for college essay, very simple to understand and carry out. Because you are selecting the systematic technique, there is some bias (subjectivity). You decide how often to take a sample. Even with a systematic sample you may end up with an unrepresentative sample e.g. you ask every 10th person to fill in a questionnaire, but every 10th person turns out to creative be female.
Every person or every location/place has a completely equal chance of being selected It is students 2013 essay, quick and simple. Because it is totally random, results maybe completely random and not representative e.g. when randomly selecting names out of creative writing ks1 hat to ask questionnaires too, you only scholarships for college students pick females. Stratified sampling: Because both systematic and random sampling can give you a unrepresentative sample, if you have some secondary data that allows you to rank your sample group you can then carry out stratified sampling. Important? For example if you are carrying out scholarships students environmental indexes in for essays a city that has 12 districts, if you randomly or systematically select four, you may pick th efour best or the four worst. However, if you know the average income of those 12 areas (census data) you can them rank them 1 to for college students 2013 12 and then randomly or systematically pick a district from each quartile giving you a more representative sample. Decide on your questions (what do you need to find out and what type of question are you going to stanford supplemental essays ask) Whether to scholarships 2013 essay do the questions orally or give them in written form (you may have to think about translations) How you are going to pilot (test) your questions How you are going to record the answers (record them, write them down, trying to remember is why is review, unreliable) How you are going to sample (random, systematic, stratified) Remember that you are representing yourself and the school - be polite Remember people don't have to answer questions and students 2013 essay they may be sensitive about college essay some e.g. age groups and income groups. When actually designing your questions you have two real choice; open or closed: You are getting the respondents personal opinion. Scholarships For College 2013? They are not limited in their response. Some responses might not be relevant to your research Respondents may not understand the criteria, question and scholarships students give you an irrelevant response Results are very hard to essay and juliet with analyse using graphs or tables.
All answers will be relevant to your research The results are easy to scholarships for college students 2013 analyse using graphs and tables. The results lack personal opinion. They can be very generalised You are nearly always forced to have an romeo and juliet other box meaning you don't know what the respondent thinks Your personal opinion has been placed on the questions (subjective). Specification: Observation – Examples of using observations as an enquiry skill to scholarships for college students essay collect data include the college admission, recording of land-use in an urban area or observations of scholarships for college 2013 river or coastal features. Maps, recording sheets, field sketches and annotated photographs may all be used to record candidate observations.
It is important to creative writing always have an other category, because you always find a land use that you have not thought about. They are more accurate than field sketches They can be good for showing data collection techniques e.g. Scholarships Essay? measuring a river's load They can support data collection findings e.g. they can show an example of a poor environment They can show temporal changes, especially if you can find historical photos. You can annotate and label them. People often include photos that are not relevant e.g. a photo of their friends People forget to label, annotate or refer to photos, which then makes them irrelevant. Important? People often only photograph the nice things e.g. pretty view and forget the more ugly areas that are just as important e.g. 2013 Essay? area of pollution They can often contains too much information e.g. people and vehicles Because they are two dimensional, depth can be deceptive. Specification: Counts – Pedestrian and traffic counts are two significant examples of this enquiry skill. Why Is A Literature Review Important? Appropriate methods for recording the counts should be discussed including the layout of recording sheets, instructions and the necessary information required to identify the sheet following the count (i.e. For College Students Essay? time, date, location and name of stanford essays 2013 recorder). Geography fieldwork equipment can be used to measure virtually anything, but is most commonly used to take measurements along a river or at a beach. Below are photos and descriptions of some of the most common types of geography equipment. Transect: A transect is basically a line a long which you take measurements.
You may have a transect that runs from the rural-urban fringe to the CBD or a transect that runs from the sea in for college land through sand dunes. In a real piece of coursework, you would explain how all your data was collected. In your description you would probably contain the following information: Date, time and location of data collection Group size Description and copy of data collection forms used e.g. Criteria? questionnaires or counts Explanation of how the forms were used e.g. Scholarships Students? sample size, count period, count technique, etc. Description of equipment and about.com college admission essay an explanation of scholarships 2013 its use.
Instead of writing a methodology in your exam, you may be asked to case write a set of instructions, explaining how data collection should be carried out. For example you might be asked to give a set of instructions for doing a traffic count. You might say: Find a safe location near the road your are counting traffic Count the scholarships for college students essay, traffic in both directions for a 10 minute period A tally should be used for counting because this is easy and quick At the end of 10 minutes count up the totals for creative images each type of vehicle. You may also be asked about for college students 2013 how your data collection could be improved. Improvements may be made in some of the following ways: Do counts more regularly e.g. Study? every one or two hours Do counts, surveys or indexes in more locations Do counts, surveys and indexes on different days of the week (including weekends) Get two groups doing the same survey, index or count so that an average may be taken. Specification: Data presentation techniques: A knowledge of the for college students essay, illustrative techniques to present data across the topics for Paper 4 is required. This should include, various types of graphs, maps and diagrams for example line graphs, bar graphs, divided bar graphs, histograms, flow diagrams, wind rose graphs, isoline maps, scatter graphs, pie graphs, triangular graphs and radial graphs. If you are asked to complete a graph or table, all the data will be there for stanford essays 2013 you so read the data carefully and complete the graph/table/diagram carefully. Shows spatial distribution e.g. dot map Shows variations between regions and scholarships countries e.g. choropleth map Visually interesting (interesting colours, symbols) Very bold and clear Easy to understand Clearly shows trends and anomallies.
Can disguise intra-region or intra-country variations e.g. Stanford Essays 2013? choropleth map Hard to see trends and anomalies Very complicated to scholarships for college 2013 read Symbols take up to much room. Specification: Analysis: Candidates should be able to stanford supplemental essays describe the patterns in data presented in graphs and tables of results. Reference to relevant geographical knowledge and understanding is scholarships for college students, often required in the interpretation of the data. Practice of study this skill will improve success in Paper 4 questions. Look for trends and scholarships students 2013 correlations (if there is not a overall trend, look for smaller trends) Look for anomalies (things that don't fit the general trend) When ever you refer to trend and anomalies you must support with evidence e.g. facts and figures from graph or table. Try and explain trends (refer back to theory or other information that you have discovered in your investigation) Try and creative ks1 explain anomalies. Specification: Formation of conclusions: Using the evidence from the students essay, data, candidates should be able to make judgements on the validity of the original hypothesis or aims of the assignment. Reference is also required of the reliability of the scoring, collected data and a critical evaluation of the chosen data collection methods. Refer back to original hypothesis Use some data to students 2013 support your findings Refer to theory (if mentioned in introduction) - do your findings agree or disagree with theory State what you have learnt from your investigation. Evaluation : In an evaluation you state what went well in your research, but also how it can be improved or extended in the future.
If you are asked to write an evaluation, think about the following: What went well (keep this brief) Any problems with data collection e.g. bad weather, missing data, sampling technique, questions, data collection form Data that could be useful in the future e.g. secondary data from government, more questionnaires (bigger sample) Additional hypothesis that you could have used Problems with time or money that could be changed in the future. Portions not contributed by visitors are Copyright 2017 Tangient LLC.