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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the custom dissertation game! A proven effective (true) science of preparing for college application essay 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 custom dissertation (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Animal Science Research Papers. 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 custom dissertation most law school courses will depend upon application joke, performance on a final exam, most if not all of which is essay in nature. (You are basically asked to identify and writing services 2008 analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in length, and either closed or open book. Science Research. The former means you bring nothing into the exam with you (save the code in a course based on custom writing services a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to essays, bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike.

Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of custom dissertation services 2008 individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the essay LEEWS approach to breaking fact patterns down into units corresponding to dissertation services 2008, relevant issues [Planning Phase], as well as fully developed written responses corresponding to essay questions hired, our format of concise paragraphs, roughly one per custom dissertation services issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. Writer. (Sounds great, until you realize you don't know what an custom writing services 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. A typically complex and confusing fact pattern is essay questions man 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 custom dissertation writing 2008, only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Leigh Hunt Essays. Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an services occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York.

As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to be in 10 of the federalist the hot tub for hours. Dissertation Writing Services. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter. He grinned and essay remarked, I saw that spill, Coris.

Not the most graceful move in the world. 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 Manhattan, New York County, brought suit against custom services 2008 Only For Us Racquet Club, Inc. (OFU, Inc.) and research papers Jett Setter personally in custom 2008 New York County, seeking damages for Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the college joke following events and motions: 1 €” OFU, Inc. and Setter moved for a change of services venue to Queens County.

2 €” Attempts to animal papers, serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in dissertation writing services the action, answered the complaint, interposed affirmative defenses, and leigh essays otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. Services. 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 application essay anything overheard as a privileged conversation. 5 €” OFU, Inc. Custom Dissertation Services. requested an admission from Doris that Coris has a tendency to descriptive essays my backyard, negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for dissertation 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 this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies.

RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in essay number 10 of 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 writing 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 determine the rights and duties of parties to an action, and to bind the leigh essays parties personally to its determinations, a court must have in dissertation personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is present in number 10 of the state where an action is custom dissertation services brought, and personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to coursework, substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at custom services 2008 the defendant's last known address, and also mailing a copy of leigh hunt essays same by regular mail to said address (so-called nail and dissertation writing 2008 mail). A court has held that three attempts at of a hired in hand service at a defendant's place of business, without attempting to serve the defendant at custom dissertation services home or leave the essay questions summons and complaint with a person of suitable age and discretion at custom dissertation writing services 2008 the place of business does not satisfy the requirements of due diligence.

Waiver of €” Where a defendant appears, answers the essay complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission €” A request for admission imposes a duty on custom services the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. College Joke. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is permissible to custom dissertation 2008, request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against college application essay traffic on a one-way street).

However, it is not proper to request an admission to an abstract statement of services 2008 law (e.g., that allowing a minor without a license to drive is negligent, per questions man se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the dissertation writing services relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in descriptive essays my backyard a subsequent suit. Venue €” Refers to the proper place for custom dissertation writing 2008 trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from my backyard, forcing a defendant to writing 2008, trial where it would be burdensome for him to appear and defend (policy!). Unless compelling reasons exist to coursework writer, direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions.

Perform Steps One, Two, and Three (The Blender) on each is my initial perspective on how to proceed. [Always the Steps, always the custom services 2008 Steps €” a constant way of essay on death thinking.] Step One €” [Conflict pairings and party objective(s) for each of the dissertation writing six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. Hunt. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to custom, avoid liability on the other. However, given that this is a civil procedure exam, the essay number 10 of objectives that count for purposes of custom dissertation generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not.

3 = Have lack of college application essay joke personal jurisdiction defense ruled moot vs. exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and custom dissertation services 2008 be time wasting to coursework, continue applying the Steps to all six, from this point on I shall work on each question to custom dissertation services 2008, completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is college joke overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. Custom Writing Services 2008. See definition of Step Two and footnote, page 104.)

2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . Coursework Writer. . . 5; . . Services. . 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 coursework writer admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of custom writing services inspecting the the federalist law giving rise to the premise under consideration to determine whether it is necessary to state all of the law to begin the 2008 first paragraph of essay on death of a man analysis, or whether one or more elements can be focused on as pivotal.] Preview of custom dissertation 2008 a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given.

[When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the descriptive my backyard action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County.

It is hardly compelling. Dissertation Writing. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. College. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the writing services 2008 requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at my backyard in hand service at a defendant's place of business, without attempting to dissertation services 2008, serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at essay man the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. Custom Dissertation Writing. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence.

Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and coursework interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of custom dissertation writing personal jurisdiction, the my backyard defense of lack of personal jurisdiction will be deemed waived upon the taking of an custom services appeal. [Law.] Setter, as concluded above, was never properly served. College Essay Joke. Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the custom dissertation 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 not privileged and is relevant to the subject matter of the action is writer discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party (e.g., an eavesdropper). Dissertation Writing 2008. [Law.] Coris' statement that she had smashed the college application essay 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 custom dissertation services 2008 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 10 of the federalist, dinner and custom writing services a hot tub seems merely casual. Essay On Death Of A. [Analysis.]

Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for dissertation services 2008 an admission imposes a duty on the party served to essays, acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial. Writing 2008. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. Moreover, in that negligence is a legal conclusion, the essay man statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment.

A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in 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 custom dissertation writing, the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in science research its bylaws and custom dissertation writing services 2008 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 questions on death man total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and custom dissertation writing services invincible in their avarice, the college application Bottomline brothers led RIPCORP in custom writing the aggressive pursuit of profit wherever it might be found.

The brothers held the chief executive positions in the corporation, as well as a majority of coursework writer seats on the board of directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Custom Dissertation Writing Services 2008. Thus, acquiescence in essay number 10 of their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture.

When she refused to accede to the demand of the custom services 2008 Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and hunt records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and dissertation writing 2008 records, to block the ski resort venture as an ultra vires act, and for animal science research papers repayment by the RIPCORP board of directors of any expenses incurred in connection with the services 2008 pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 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 indemnification of the directors in questions of a hired the event Meddle prevailed, and purchased insurance to provide for same.

Meddle immediately moved to quash these actions. How should the court decide the custom dissertation writing motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and application essay powers of the corporation, but performed in custom dissertation an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the essay questions on death of a hired man right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Dissertation Writing. Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the application stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to dissertation 2008, the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of 10 of the federalist directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the custom dissertation writing services board members are the defendants). Note that in questions on death of a man order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at dissertation writing services 2008 least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000.

Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against essay a judgment obtained against him in a direct action by custom dissertation writing, the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. Leigh Hunt Essays. The director may, however, be indemnified against dissertation writing 2008 expenses of defending the hunt action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and writing 2008 reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to essay on death, a Step One analysis and services 2008 the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).

Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the coursework writer action versus keep it going; 2) $25,000 security be required to custom writing services 2008, be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of each of Meddle's objectives set forth in the preceding sentence . The facts in essays my backyard the first two paragraphs need only custom be considered for purposes of analysis.] 1) Lack of standing, failure to essays my backyard, first make a demand on custom dissertation 2008 the board, and failure to state a cause of action respecting each of application joke 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. Custom Writing Services 2008. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Descriptive My Backyard. Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Custom Writing 2008. Therefore, it seems advisable to my backyard, skip Step Three and go to the writing phase .]

Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of custom dissertation writing services 2008 action. Generally, a shareholder may sue the animal science research papers corporation in her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the custom writing services 2008 latter derivative action can be maintained only if the plaintiff is essay number 10 of a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is 2008 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 records which are relevant to a proper purpose. Courts will determine whether a purpose is coursework proper. A shareholder may examine the writing services 2008 stock book and coursework minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is dissertation services 2008 a holder of five percent of any class of outstanding shares.

M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over science research two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Custom Writing Services. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Science Papers. Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the 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 writing services M's suit and hold a majority of seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of descriptive essays my backyard RIPCORP's challenges lack merit. Corporations, in order to 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 plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. Custom Dissertation. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000.

However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. Number The Federalist. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in dissertation services 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 essay, have violated his fiduciary duty of good faith and reasonable care in services 2008 the circumstances. The corporation may purchase insurance to number, indemnify officers and custom services directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is application shown. [Given this much legal preamble, it seems appropriate to services 2008, begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of essays defending against dissertation services the action. Science Research. 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 services, 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 the proceedings.

Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the application purchase of custom dissertation writing indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against essay of a judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and custom dissertation writing 2008 denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the college application rest, residue, and remainder of my estate to services 2008, 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 number 10 of, Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. Custom Services. In a probate proceeding the evidence established the following:

1) Although sober when he made the hunt codicil in writing 2008 1999, T was drunk out of descriptive essays my backyard his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in custom writing 2000. 5) S, the son of Y, was one of writer several witnesses to T's execution of the 1994 will. Discuss the rights of the custom 2008 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). Science Research. 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 writing equal proportions per stirpes . Disposition of estate €” Shall be in research papers accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. Writing Services. 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 have revoked the prior will by implication.

A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of a particular, individualized chattel, differentiated from 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 essay the federalist opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. Writing Services. However, it would be inefficient and confusing to questions, try to sort them out at custom writing 2008 this point. Better to coursework, focus on custom services 2008 one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the animal papers premises of the various parties in Step Two, I may as well go straight to the response.

My impression is writing 2008 that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per descriptive essays my backyard stirpes witness, S, to take may be an interesting discussion. Preview of dissertation services 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 essay 10 of, 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 dissertation 2008 testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to essay number, 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.

The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. Dissertation Writing. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of coursework writer physical destruction , such destruction must be accomplished with the custom dissertation writing services intent and for the purpose of application joke revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in services 2000 is essay 10 of thus of no avail to B. Conclusion : The 1998 will is revoked, and 2008 B takes nothing. Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the application essay testator when he dies. When an ademption occurs, the legatee takes nothing. Custom Services. The racehorse, Swayback, appears to essay, be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to dissertation writing 2008, 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. Leigh. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Custom Services 2008. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by college application essay joke, 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 custom writing, take under said will.

S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for not allowing a witness necessary to probate to descriptive essays, take under the will being probated is presumably the dissertation services 2008 conflict of interest posed. The reliability of a witness with a vested interest in hired having the will probated is custom dissertation writing services 2008 compromised. Essay Joke. Y, however, not S stood to writing, 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. Coursework Writer. However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is custom writing not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and papers 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 custom dissertation the beginning. (See p.75.)]

Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Hired. Memphis School of Law (with Model A+ Response and dissertation services Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Questions On Death Man. Memphis class of 2009E (evening division). The exam was given jointly to custom writing, two first year classes by animal science research papers, their professors. Dissertation Writing Services 2008. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.

His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Writer. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and 2008 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 essay joke therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to custom dissertation services 2008, a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and a conclusion statement at essay of a hired 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. Custom. You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of questions hired 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 2008 answer sheet, blank paper and an appropriate writing instrument. You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to my backyard, 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 dissertation writing services each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. Writer. 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 the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything.

Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the custom dissertation first page and return the booklet in questions on death hired order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the 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 writing services its decision in International Shoe; 3. all states have also enacted the following statutes: X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the essay questions 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 custom writing services, sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in leigh Part I are worth a total of 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from one of your employers. Dissertation Writing Services. €œI Quit€ is not a recommended answer. To: Associate.

Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Coursework Writer. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of writing services Prussia and descriptive essays Bavaria bring repair jobs to custom, the shop in Swabia. Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€œFirst Commercial€] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and the federalist that the bank would do well to procure their business. After receiving a letter at their shop offering the bank€™s services, Tristan and custom dissertation services 2008 Isolde decided to borrow $150,000 from First Commercial.

By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. Hunt Essays. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and custom dissertation writing 2008 validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only leigh essays two payments on custom writing the loan.

When First Commercial threatened to sue them, Tristan settled the bank€™s claim against writer him for $50,000. First Commercial then sued Isolde in the United States District Court for custom dissertation writing services Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by coursework writer, 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 writing services court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against number Isolde with the United States District Court for the District of Swabia.

In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in 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 custom services 2008, the enforcement proceedings in descriptive essays Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the writing services 2008 following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006.

I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by application essay, registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Custom Dissertation Writing Services. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in leigh the state, it now seems to me that the dissertation services judgment of the federal district court in Prussia against Isolde is unquestionably valid and questions on death man is enforceable in both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). 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 custom dissertation writing services 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 science research papers hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to writing services 2008, hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Descriptive My Backyard. Isolde has been living in Swabia for one month. Dissertation 2008. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the essay questions on death of a hired 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 custom services 2008 still domiciled in application essay Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €œif she would enjoy€ life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of citizenship and custom writing services 2008 thus no subject matter jurisdiction.

However, if Isolde is writer found to have relocated to dissertation, Swabia with the coursework writer intent of staying for the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to custom dissertation writing services 2008, exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. Hunt. [Please do not use abbreviations, including this one.] This action could not be brought under €œfederal question€ jurisdiction because breach of contract is a state common-law claim. Custom Dissertation Writing Services 2008. Therefore nothing in the plaintiff€™s complaint arises under the essay number 10 of Constitution and laws of the United States.

Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on services collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the essays my backyard intent to stay indefinitely, so the writing District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the writer alternative, Isolde can argue that the rendering court in services 2008 Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on on death hired collateral attack in the enforcing court. [We would have preferred a discussion at this point that specifically points out custom dissertation services 2008 that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on essay of a man collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for 2008 establishing jurisdiction over her in Prussia.

N.B. The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is descriptive necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of custom dissertation services domicile. Of A Hired Man. 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 dissertation 2008 part of the coursework answer and custom dissertation writing 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. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to hunt, pay attention to our class discussions of custom dissertation it.] Statutory basis.

First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: €œa) transacting any business within the State.€ The claim for descriptive relief, the dissertation $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 animal science research papers loan documents to custom writing 2008, 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 leigh hunt Swabia. This is a valid argument so long as the court reads the statute literally and custom dissertation 2008 narrowly. However, if a court interpreted the coursework writer statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the facts of this problem. The statute covers transacting business in custom 2008 the forum state €œdirectly or by my backyard, an agent.€ Like McShara in Burger King, Tristan was acting on behalf of the services partnership (thus as an agent) in delivering the papers to on death hired, the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. Custom Writing Services. There is animal research simply no basis in writing services 2008 the facts for speculating that Isolde didn€™t know what she was signing. Science Research. Indulging in speculation that she might not have reveals desperation.]

Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S. Supreme Court defined the dissertation services 2008 due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only research if the cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of writing services 2008 jurisdiction would not offend traditional notions of fair play and substantial justice. Essay Number The Federalist. 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 custom dissertation writing services Shoe standard? [While it is essays implicit in the answer that the custom dissertation writing services 2008 constitutional hurdle becomes important only if the court first accepts the joke argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of custom dissertation writing services a third party, Tristan. Coursework. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in writing services the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the college essay documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the dissertation writing services contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to descriptive essays my backyard, the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial.

In the custom dissertation writing services alternative, [In addition?] can Isolde raise any of the fairness factors, defining €œfair play and substantial justice,€ articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on descriptive essays my backyard Isolde compared to the interest of First National in custom dissertation writing services litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to college application essay joke, give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. Dissertation Writing 2008. 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 essays, Prussia as an unfair forum for Isolde. Conclusion.

Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction. [Many of you neglected altogether most of the issues about validity of the custom writing services 2008 Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of hunt knowledge of custom writing services our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]

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2 write an essay In this introductory lesson you will find some guidance on how you should write an#xa0; IELTS essay . There are then more lessons on the following pages for different types of essay and different questions, with lots of tips and strategies for achieving a high score.#xa0; It is important to learn about IELTS essays because there are different essay types, and dissertation services 2008 these will require different ways to answer them. However, as you will see from the guidance on this page, they can all follow the same basic structure. These are some of the types of IELTS essays you can get in the test:#xa0; Not every essay will fit one of these patterns, but many do. You may get some of these tasks mixed up. Leigh? For example, you could be asked to give your opinion on custom writing services 2008, an issue, and then discuss the advantages or disadvantages of it.

The golden rule is essays my backyard, to#xa0; ALWAYS read the question very carefully #xa0;to see exactly what you are being asked to do. The second lesson explains more about analysing essay questions.#xa0; In order to answer this, lets first look at a sample question: You should spend about 40 minutes on custom 2008, this task. Write about the following topic: In the descriptive essays, last 20 years there have been significant developments in the field of information technology (IT), for example the World Wide Web and communication by custom dissertation writing email. Application? However, these developments in IT are likely to have more negative effects than positive in the future. To what extent do you agree with this view? Give reasons for your answer and include any relevant examples from writing 2008 your own experience or knowledge. Write at least 250 words. An IELTS essay is structured like any other essay; you just need to make it shorter. College Application? There are three key elements: We will look at services each of these in turn, using the essay question above as an example. Research Papers? You should keep your introduction for the IELTS essay short. Remember you only have 40 minutes to write the essay, and some of this time needs to be spent planning.

Therefore, you need to custom writing services 2008, be able to write your introduction fairly quickly so you can start writing your body paragraphs. You should do just two things: State the leigh hunt, topic of the essay, using some basic facts (that you may be able to take from the question) Say what you are going to write about. Here is an dissertation writing services, example introduction for the above essay question about number 10 of the federalist IT: The last two decades have seen enormous changes in the way people's lives are affected by IT , with many advances in this field. However, while these technological advances have brought many benefits to the world, it can be argued that these developments in IT will result in dissertation writing services 2008, more negative impacts than positive. As you can see, the descriptive essays my backyard, first sentence makes sure it refers to the topic (IT) and uses facts about IT taken from the question. Note that these are paraphrased - you must not copy from the custom dissertation services, rubric! The second part then clearly sets out the what the leigh essays, essay will be about and confirms the writers opinion (some questions may not ask for your opinion, but this one does). For an IELTS essay, you should have 2 or 3 body paragraphs - no more, and no less. For your body paragraph, each paragraph should contain one controlling idea, and have sentences to support this.

Lets look at the first paragraph for dissertation services 2008, the essay about IT. The essay is about the benefits and drawbacks of IT, so these will need to be discussed in separate paragraphs. 10 Of? Here is the first body paragraph: To begin, email has made communication, especially abroad, much simpler and faster , resulting in numerous benefits for commerce and business. Furthermore, the World Wide Web means that information on every conceivable subject is now available to us . For example, people can access news, medical advice, online education courses and much more via the internet. It is evident that these improvements have made life far easier and more convenient for large numbers of people and will continue to do so for decades to come. The controlling idea in this first paragraph is the ' benefits of custom writing, IT ', and there are two supporting ideas, which are underlined.

No drawbacks are discussed as the paragraph would then lose coherence. Most of the essay will focus on the negative aspects of college joke, IT, as the custom dissertation writing services, writer says there are more negative effects in the introduction. So the next two paragraphs are about these. Writer? The topic sentence in the next paragraph therefore tells us we are changing the focus to dissertation 2008, the negative points: Nevertheless, the effects of number 10 of, this new technology have not all been beneficial. For example, many people feel that the widespread use of email is destroying traditional forms of communication such as letter writing, telephone and dissertation writing services face-to-face conversation.

This could result in coursework writer, a decline in people's basic ability to socialize and interact with each other on a day-to-day basis. The final body paragraph gives the last negative effect: In addition, the large size of the Web has meant that it is custom 2008, nearly impossible to regulate and control. This has led to many concerns regarding children accessing unsuitable websites and viruses. Unfortunately, this kind of problem might even get worse in the future at least until more regulated systems are set up. The conclusion only needs to be one or two sentences, and you can do the following: Re-state what the 10 of the federalist, essay is about (re-write the last sentence of your introduction in different words) Give some thoughts about the future. Here is an example: In conclusion, developments in IT have brought many benefits, yet I believe developments relating to new technology are likely to produce many negative effects in the future that must be addressed if we are to avoid damaging impacts on individuals and society. The last two decades have seen enormous changes in the way people's lives are affected by custom dissertation IT, with many advances in this field. However, while these technological advances have brought many benefits to the world, it can be argued that these developments in IT will result in more negative impacts than positive. To begin, email has made communication, especially abroad, much simpler and faster, resulting in numerous benefits for commerce and business. Furthermore, the World Wide Web means that information on every conceivable subject is leigh hunt essays, now available to us. Writing 2008? For example, people can access news, medical advice, online education courses and on death of a much more via the internet.

It is evident that these improvements have made life far easier and more convenient for large numbers of custom services 2008, people and descriptive my backyard will continue to custom writing, do so for decades to come. Nevertheless, the effects of this new technology have not all been beneficial. For example, many people feel that the widespread use of email is destroying traditional forms of communication such as letter writing, telephone and essays my backyard face-to-face conversation. This could result in a decline in people's basic ability to socialize and interact with each other on a day-to-day basis. In addition, the large size of the Web has meant that it is nearly impossible to custom dissertation writing, regulate and control. This has led to many concerns regarding children accessing unsuitable websites and essay 10 of the federalist viruses. Custom? Unfortunately, this kind of problem might even get worse in the future at least until more regulated systems are set up. In conclusion, developments in IT have brought many benefits, yet I believe developments relating to new technology are likely to produce many negative effects in the future that must be addressed if we are to avoid damaging impacts on my backyard, individuals and society. Dissertation Services? The IELTS essay introduction talks in research, general about the increasing use of IT, thus introducing the topic well.

The thesis then clearly sets out the writers opinion. The following paragraph mentions the present benefits of these developments, but the opening sentence in the third paragraph is a qualifying statement ( Nevertheless, not all the effects. ..), so the writer can now focus on the negative elements. 2008? The fourth paragraph provides two other negative examples ( lack of regulation, viruses ). Both paragraphs suggest that these problems will continue in the future. The essay concludes with a clear opinion that agrees with the statement. Overall, it is a well-balanced text that mentions the present situation (. this has made life . Hunt Essays? ) but importantly, also refers to the future of IT (. likely to increase. . might get worse . Dissertation Writing? ). On Death Hired Man? Have you found this page useful? Then you may be interested in IELTS buddy's Task 2 eBook , full of tips and strategies for quickly achieving a high score in the IELTS test. Now you know the basics of writing an IELTS Essay, you can go on and look at further sample essays or if you prefer, check out the next lessons for writing services, Writing Task 2. Home ۼ IELTS Essay.

Oct 02, 17 12:12 PM. You are going to essays, another country to study. You would like to dissertation writing services 2008, do a part-time job while you are studying, so you want to science papers, ask a friend who lives there for. September 2017 - Brainstorming and Planning an Essay. Oct 01, 17 04:32 PM. I sent you an essay question last Friday and asked you to come up with a plan to answer the question. This was the essay question: The best way to understand. Writing 2008? Multinational Organisations and Culture Essay.

Oct 01, 17 04:11 PM. Multinational Organisations and Culture Essay: Improve you score for IELTS Essay writing by coursework studying model essays. Brainstorming and Planning an Essay. Writing a Thesis Statement. Writing an IELTS Essay Conclusion.

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Electronic Medical Records (EMR) Essay Sample. The Beginning: Paper Trail SlumThe medical and healthcare field is characterized with the cumbersome practice of obtaining and maintaining extensive documentation of patient information. Custom Dissertation Services? Medical staff, physicians and healthcare practitioners are legally responsible to maintain a comprehensive, efficient as well as effective way to collect, maintain and questions on death man archive patient information. Traditionally, this process of dissertation writing information collection and maintenance was accomplished manually resulting in an endless paper trail of information. Everything from patient encounters to informational charts to billing was executed in essay number the federalist, a paper based environment and soon this record keeping method became too overbearing and custom dissertation tedious to manage. The integrity of this manual paper-based process continued to be compromised with issues surrounding the coursework, convenience, data mining ability, cost and safety of this method. The ability to effectively communicate among different personnel and dissertation writing patients and obtain on time information was rapidly decreasing when it came to essay number 10 of, this traditional method. With the advent of technological advances and its many application, players within the medical field like in any other field, were looking for custom dissertation writing services 2008, ways to essay on death hired man, be more efficient in their health care processes. A new lifeline was obtained when the introduction of the computer paved the way for more automation in this field. The computer is considered a tool to promote communication. Writing? In the medical arena, a moment between life and death or sickness and health is contingent upon communication or the lack there of.

Computers have been instrumental in facilitating many areas in the management of medical records, and with its introduction into the medical field about 30 years ago, experts believed its involvement would provide several advantages in the medical profession. With a strong push to integrate the computer and technology into the administration of services within the medical field, more executives are adopting Electronic Medical Report (EMR) systems to streamline the patient record maintenance process. It’s a normal trend for essays my backyard, clinical departments to work for years with their own people, budget, and vendors to come up with a method of capturing their patient and billing data electronically, and custom dissertation writing that personalized method is one definition of an EMR. In actual fact, one point of argument regarding EMRs is simply a question of semantics. Research Papers? There are various definitions for an EMR. At one end of the writing, scale, an EMR includes everything from patient’s past medical history to diet and lifestyle preferences. At the other end, it can be as simple as an e-mail message to a fellow clinician.

Our definition of an EMR is hunt, simply a repository of clinically important data that may be accessed and searched with relative ease and in custom writing, a rapid manner. Most of us would be extremely content with something easily learned, easily understood, and essay relatively inexpensive. The Future: Technology’s PlaygroundToday, the use of EMR systems has revolutionized the medical field industry by facilitating a more efficient record keeping process and a more effective communication medium for medical personnel to custom dissertation writing 2008, exchange information. Many healthcare personnel now understand the importance and the impact these EMR systems are having on the overall delivery of essay 10 of customer service and the general administration of healthcare. Medical practitioners are constantly faced with challenges including the need to improve the dissertation, quality of care, adhere to new clinical restrictions and processes, reduce waste and my backyard reduce errors. In recent times these challenges have been less of a burden as automated integrated systems help coordinate such process much better. Computerized systems like EMR systems help in reducing the amount of writing 2008 paperwork for medical offices, providing an easier way to animal science research papers, access patient information, promoting more uniform delivery of processes and in some respects suggesting appropriate diagnosis and treatment for certain conditions. The concept of an EMR system lies on the idea of a centralized informational power house that can provide orderliness in a once chaotic paper based environment. Dissertation? Its tangible value is evident in the opportunity to promote Data Mining or store data in one place and visibly extract or filter desired necessary information at coursework writer, a more expedient fashion. Custom Writing 2008? However for an EMR system to be effective in its function, it needs to be centralized onto a database where data can be easily shared amongst health care providers and coursework hospitals.

In today’s economic environments, costs and return on investment are just as important as the diagnostic process, moving to a more accessible and rapid electronic system has obvious benefits. Very few would argue the dissertation writing services 2008, fact that an EMR has value over a printed chart when it comes to identifying practice patterns, assigning probabilities to diagnoses, locating inefficiencies in coursework, patient care, delivering reports to patients and consulting services rapidly, and achieving prompt billing. With digital form gaining traction in custom dissertation writing services 2008, the medical industry, medical records can be automatically scanned for everything from potential drug interactions to gaps in clinical data that may affect reimbursement. In addition, a computer program can be used to essay hired, automatically generate reminders for physicians and dissertation writing 2008 patients. Specific examples described below illustrate the potential benefit. Paper charts maintained by descriptive, individual physicians have their own limitations, and is evident during most office visits. At the beginning of a patients visit, they are required to provide a list of medical history, from family medical history, medication, prior and existing conditions. Due to medical charts rarely being shared by multiple providers, it is dissertation services 2008, normal to see this information collected by each health care provider and often times collected on leigh more than one occasion by the same provider. The amount of information required by each patient at the start of each office visit will depend upon the age or medical condition of the patients and can be a substantial amount. Patients not only resent having to recall this information on dissertation multiple occasions, but on occasion unintentionally omit critical pieces of information.

The implementation of an number 10 of EMR would reduce the need for redundant data collection and allow care providers to custom dissertation services, assess the same medical records. Care providers can quickly review the history and update the medical records where necessary. In some emergency cases where the patient or family is essays, unable to provide medical history, having prior data available would be invaluable (e.g., patients with Alzheimer, unconscious patients). Over a period of time patient charts usually contain considerable data regarding patient vitals from custom writing heart rate, blood pressure, and temperature to laboratory results such as, blood counts, blood sugars level. While discrete measures can be compared to norms, often times time trended data provides a more accurate view of a medical condition or concern to physicians. Physicians relying on essays my backyard paper charts are only able to create simple charts and would be impractical for them to create graphical displays for each clinical measure lending itself to a graphical representationWith EMR, generation and reviewing of graphical representations of one or more measures for a period of writing time would become a quick and easy task for descriptive my backyard, physician. Graphical displays showing increasing blood pressure or blood sugar levels might alert care givers of an custom dissertation services 2008 emerging problem and therefore help reinforce the severity with the patient. When physicians determine the medication to prescribe to patients, they must consider both efficacy and cost. Prescribing medications that are beyond the economic means of patients is essay questions hired, counter-productive.

This can be prescribing medications that are either not included in patients insurance plan or require a generic to qualify for a co-pay56. Given the increase rate in medication options and variation, and the rate of change in health care insurance benefits it impossible for physicians to custom dissertation writing services, quickly compare the various options when using paper based systems. As a result, most patients do not learn the cost of medications nor the extent, if any, of insurance coverage until they present the prescription to a pharmacy. Patients, upon learning from the pharmacy that lower cost generics are available or that generics or other similar medications would be covered by on death, insurance, frequently request that the physician prescribe an custom 2008 alternative medication. These requests are time consuming for the patient, provider and pharmacy. With an EMR system, a care provider can assess whether a medication is covered by a patient’s insurance and science research papers discuss alternatives with them at the point of examination. EMRs can deliver this functionality by exploiting databases for writing services, both insurance plan formularies as well as on medications FDA approved.

In an EMR setting the physician can discuss medication options, by assessing the level of insurance coverage during the examination itself. Ultimately, EMR can help us to reduce cost. These are expenses associated to paper charts, poor documentation and high malpractice premiums, as well as new expenses as a result of essay 10 of support contracts, computer maintenance and product updates. Reducing paper chart costs including purchasing stationary, copying, printing, management and writing services 2008 storage is the coursework, clearest benefit of EMR. Transcription costs can also be reduced as EMR can provide an custom dissertation 2008 easier means for patient documentation and report writing. EMR also avoid the essay of a, cost of hiring new staff during peak time by becoming more efficient with the 2008, EMR system. At the same time EMR will avoid expensive medications by offering patients more cost effective alternatives.

It also can help keep our malpractice premiums lower as a result of higher quality documentation and drug prescription alerts. However, there have been some disadvantages to the use of computerized systems which has influenced the low adoption rate of EMR systems and their like. These disadvantages include high cost of implementation of essay number 10 of the federalist such systems, failure to meet the firm’s objective, security and confidentiality issues regarding patient information as well as an increase in malpractice lawsuits. EMR systems are also very difficult to implement because existing electronic data sources (e.g., laboratory, pharmacy and writing 2008 physician dictation systems) reside on many isolated islands with differing structures, levels of granularity and different code systems. This issue is prevalent in the case of promoting cross-institutional clinical care and research, where unique system designs coupled with a lack of standards have led to this difficulty. Nevertheless, with the application joke, backing of the legislative and dissertation services executive bodies, the use of research EMR systems will soon be nationwide. Dissertation Services? President George W. Bush, in an attempt to encourage the push for incorporating American medicine into the information age, commented during a press release in Collinsville, January 5, 2005, “We need to apply 21st-Century information technology to the health care field.

We need to the federalist, have our medical records put onto IT.” With three significant Federal mandates issued regarding the custom dissertation writing services, adoption of EMR, we will gradually see a more computerized approach to medical practice during the next coming years. Technology’s Nemesis: A Concern for PrivacyIn most EMR debates the most pressing concern is the issue regarding security and privacy. According to a Harris Interactive online media poll, 68% of respondents believe that the use of EMRs can improve the quality of care patients receive. However, most respondents also believe that EMRs make is descriptive my backyard, more difficult to ensure privacy. As more provider groups, hospitals, and integrated health systems implement EMRs, concerns over patient privacy and ethical uses of data have also increased. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) established strict guidelines for patient privacy. Custom Dissertation 2008? Among these, HIPAA created a minimum threshold of when private health information (PHI) can be shared. HIPAA also established standards for leigh essays, electronic health care transactions. Dissertation Services? Although the expectation is that electronic records can have better controls than paper charts, there are certain steps that health care organizations must take into account in order to reduce the writer, risk of releasing privacy information:•Each office member must have a password in custom dissertation writing, order to descriptive, log into the EMR system. The password must never be shared with others and custom writing should be considered an electronic signature.

•Different levels of number 10 of the federalist system access should be provided based on the user’s job responsibilities. Some roles may only require the custom 2008, billing code and not the results of lab work. •When not actively using the system, the user must log off to animal science, prevent anyone from dissertation accessing the coursework, information. •The system must maintain an audit trail that can tie system use back to the username. •If accessing the system remotely, the connection must be secure. Writing Services? The user must prevent those around them from viewing any information. •Any information printed from the system must be filed within the appropriate location or shredded immediately. EMRs integrate so many areas of the coursework writer, health care system under one basic heading.

For example, Kaiser Permanente is an integrated health care delivery system. Kaiser serves as a pre-paid health insurance plan that maintains its own hospital facilities and custom dissertation 2008 ambulatory facilities, contracts with its own medical group (Permanente), operates its own pharmacy, and also contracts with separate existing hospitals. Kaiser recently developed an EMR system that can automatically track utilization for their members for all services, including outpatient, inpatient, and pharmacy. Clinicians have access to the patient’s medical history, putting them in a position to better manage care. Privacy under this integrated model becomes a concern as there are so many parties with access to PHI. Instead of an individual office being required to uphold privacy standards, the entire model must work together.

Not everyone at the hospital has the need to know about the physician’s office visit from two years ago. One of HIPAA’s requirements is to only share the minimum information necessary. Although HIPAA was passed with the intent to assure privacy, many argue that this intent was reversed in 2002 when the HIPAA Privacy Rule was amended by the Department of writer Health and Human Services. The amendment limited how much control Americans would have over who could access their PHI. This is further complicated now due the push toward a national health care technology networking system that would integrate EMRs and even create what are considered Personal Health Records. The health information would be compiled by custom 2008, over 600,000 different sources.

In addition to these sources having access to posting the record information, they would also have access to pulling PHI. Rather than having individual doctors offices track their own patients electronically, there would be a combined network providing immediate access to all patient records. The development of hunt essays such a system creates significant privacy and ethical concerns over different segments:EmployersMany large employers self-insure their health care benefit programs. Custom Writing Services? One of the coursework writer, advantages of the self-insured model is it allows employers to better manage the costs and risks of their population. The intent of custom dissertation HIPAA was to limit the level of detailed information the employer could receive. Through the integrated EMR system, there is the potential for sensitive data to become more readily available directly to the employer or through business relationships. Privacy infringements could lead to such ethical issues, including employee discrimination. Under the Kaiser Permanente example, the employer hired Kaiser to serve as the insurer, the physician’s group, and the hospital. Once the physician’s office enters medical information for application essay joke, a patient, it is possible that the pharmacy, the hospital, and the finance areas all might gain access to the patient’s health record. Custom Dissertation Writing Services? There is the possibility this could somehow make it back to the employer.

It is critical for employers to not only meet the minimum threshold established by HIPAA, but they also must have clear policies outline to mitigate any potential discrimination against employees. GovernmentThere is the fear that a government established electronic health system would provide government agencies with immediate access to hunt essays, PHI. One of the original intents of 2008 HIPAA was to prevent the essay questions on death of a, government from accessing specific health care information. Custom Dissertation 2008? Without a right of consent provision, Americans would not have an opportunity to prevent their medical records from science being shared with the government. Similar to employer’s discriminating against their employees; there is also the fear of the government discriminating against its citizens due to health care related issues. Dissertation? The integrated EMR system could enhance public health efforts as more data would be readily accessible and easier to analyze. This all leads to the ethical questions of how much information a government should have on hunt essays its citizens and dissertation writing 2008 where to essay number, draw the line between overall public health and individual health rights. Physicians/Health Care WorkersPhysicians and health care workers are looking for a system that provides them with clear information on a patient’s medical history. The notion is that through more accurate and writing services 2008 complete historical information, they can help improve the quality outcomes for college essay joke, the patient. In the process of receiving the historical medical information, physicians must also look forward to how their findings would be used in the future.

Doctors must uphold an custom dissertation writing 2008 ethical standard required by the Hippocratic Oath. Physicians are not to disclose patient medical issues without the consent of the patient. EMRs that go beyond the the federalist, limited basis of a physician’s office or a hospital means that doctors could be providing information to other parties without the patient’s approval. These groups might include, but are not limited to corporations, individuals, and government sectors. As the push for technological integration in custom dissertation writing, the medical field becomes more widespread, it is very pertinent that we consider both the pros as well as the cons of this application and implement the necessary checks and balances in leigh essays, order to reap substantial benefits and stay clear of any potential setbacks.

Pacing Forward: EMR Best Practices FrameworkIn order to sustain a well efficient EMR system guaranteed to support business processes and to maintain a streamlined process, documented below is an custom writing EMR setup framework, which when adopted could promote the best outcome in regards to system functionality and performance. This framework is divided up into phases: planning, testing, training and go live. Planning Phase•Identify goals and base planning strategies around these goals. •Decide data required. It is common for practices to begin entering data into an EMR only to discover that the data is in a non-reportable format, not been consistently entered or not entered in any standardized manner by all providers. •A phased implementation is highly recommended. Phased implementation work well for my backyard, EMR because many of custom dissertation services 2008 their functions are in discrete modules such as lab order entry, messaging, preventive health maintenance, patient tracking, e-prescribing etc. •Create timelines, but be flexible. Constantly evaluate progress of the implementation process along the way, and descriptive essays ensure resource commitment in aligned to the timeline.

•Perform a workflow analysis. Dissertation Writing? Analyze existing work processes while looking for opportunities for improved productivity and efficiency. •Identify staff considerations and planning:Appoint a Physician Champion. This person should be motivating, enthusiastic, have a good working knowledge of the EMR. Appoint an in-house Project Manager. Coursework Writer? Identify an in-house key person on staff to oversee the entire project. Communicate to the staff the practice’s desire to 2008, acquire an college essay joke EMR before the purchase. Custom Dissertation Writing Services? Seek employee input and include them in hunt essays, the decision of which EMR vendor to choose. Be aware that support staff may feel that they could be replaced by an EMR.

In certain cases this may be accurate particularly with clerical clerks. Have end-user staff be involved in the system set-up. Map out Workflows utilizing current staff members: Map out current workflows on paper and bring in the end-users who perform the current workflows to writing services, help design new workflows for the EMR. Establish access thresholds based on the different roles and responsibilities of each staff member. Ensure sufficient time for learning curves. The learning curve for complete and successful adoption of the EMR is number, usually vastly underestimated. Testing Phase•Software/Hardware Testing:Test software extensively before implementation.

Perform Volume testing, if possible. Use a typical day and do a dry run in a test database. Ask for a list of known bugs from the vendor. Create work-around and identify dates for services 2008, patch fixes if required. •Hardware Testing:Prepare Infrastructure•Staff and TestingPilot systems before implementation. Pilot workflows, procedures, modules, templates, documentation time etc. in a live environment utilizing a small group of staff long before go-live. •Allocate sufficient time for training, including specific instructions on HIPAA and privacy requirements. •Training should be performed outside of coursework writer clinical work sessions. •Set-up a training room for staff to practice.

•Appoint Super users. •Evaluate staff’s readiness for go-live. Go-Live Phase•Schedule the go-live in close proximity to the end of the training sessions. •Reduce provider schedules: Reduce the number of patients a provider is required to see during the go-live phase. •Provider Adequate Resources. Be certain to supply the staff with well trained individuals such as vendor trainers, super users, in-house project manager etc. during the go-live phase. •Post Go-Live Assessment is necessary. •Evaluate the Go-Live with Staff: Query the dissertation writing, staff regarding the go-live process. Get their feedback as to what was helpful and what was lacking.

•Provider on-Going training and support: Practice administrators should continue to offer training sessions well after the go-live for reinforcement and essay refreshment. •Audit privacy procedures to ensure staff is custom writing, adhering to requirements outlined. 1.Agency for Healthcare Research and Qualityhttp://www.ahrq.gov/news/press/pr2005/lowehrpr.htm2.Clement J. McDonald, MD: The Barriers to EMR Systems and How to Overcome Themhttp://www.j-amia.org/cgi/content/abstract/4/3/2133.Centers for essay questions on death man, Medicare and custom 2008 Medicaid Serviceshttp://www.cms.hhs.gov/4.IS Kohane, P Greenspun, J Fackler, C Gruino, P Szolovis: Building National EMR Systems via World Wide Webhttp://intl.jamia.org/cgi/content/abstract/3/3/1915.Jaclyn Halpern: The Use of Computers in Healthcarehttp://ccat.sas.upenn.edu/ jaclynh2/presentation.html6.Cariaga, Vance. “Entering the Digital Age, A Baby Step at a Time.” Investor’s Business Daily. Science Research? 22. Sept. Custom Services 2008? 2006. http://www.investors.com/editorial/IBDArticles.asp?artsec=22issue=200609227.Health News Digest. “Few Patients Use or Have Access to Online Services for Communicating with their Doctors.” 25 Sept. Science? 2006. http://healthnewsdigest.com/news/article_4499.shtml8.Cosgrove, Meghan. “Special Report: Striking the Balance: HIPAA the ED.” American Health Consultants. 23 Sept. 2006. http://www.e-topics.com/index.asp?layout=stdnewsdisUserID=20040628063503766628doc_id=NR200610013000.1_1d9601c7076bd9219.Thomas H. Davenport, John Glaser: Just-in-Time Delivery Comes to Knowledge Management.

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