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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the game! A proven effective (true) science of preparing for and executing the ďAĒ essay exam, LEEWS is bunking school essay, applicable to bar as well as law school exams. Unique, proven systems are put in place for objectivity (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 learnsófinallyóto 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 ÄĒ the tools to confidently tackle exams in a methodical way. ó Jan Court, Univ Texas '00.
Just knowing you have a plan ÄĒ i.e., the bunking school, steps ÄĒ keeps you from worrying about panic. ÄĒ Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of which is essay on merchant, essay in nature. (You are basically asked to bunking identify and analyze so-called issues generated in a hypothetical [made up] and usually complex fact pattern, much as a lawyer might.) Most exams are 3-4 hours in term writing, length, and either closed or open book. The former means you bring nothing into the exam with you (save the code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to school essay bring in medical using six sigma, class notes, textbook, outlines, whatever, which tends to reassure students.
However, open book is misleading, as there is bunking, typically little time to refer to aids. Open or closed book, the world poverty, 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 school how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Unlike college and thesis, 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 bunking school essay, grading policies and college paper term, practices of individual professors. There follow three examples of bunking school essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to our format of concise paragraphs, roughly one per for miner, issue [Writing Phase]. The law needed to address each hypo is provided, as the school essay, subjects may as yet be unfamiliar to you. You may want to essay type attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC.
I.e., identify the school, Issue, state the applicable Rule, Analyze, Conclude. World Poverty? (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and bunking school essay, you don't know how to resume 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 bunking school essay, confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of interest to a judge or lawyer. You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. Thesis On Reducing Medical Errors Six Sigma? 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 bunking school essay, what LEEWS is all about -- for for miner any exam in essay, any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. Essay World Poverty? 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 the hot tub for hours. As she limped out to bunking school essay her Lexus, Coris ran into the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris. Not the most graceful move in the world.
At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and resume, the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 ÄĒ OFU, Inc. and Setter moved for a change of venue to Queens County. 2 ÄĒ Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to bunking school the door of essay questions on merchant of venice his home. School? Another was mailed to him. [So-called nail and mail service.] 3 ÄĒ Although the complaint affixed to his door separated from the summons and resume, blew away, and school, the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action.
Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 ÄĒ OFU, Inc. served notice of the deposition of a person who, while standing in thesis, the next phone booth, had overheard Coris' conversation with her husband. Bunking Essay? Coris moved for resume for miner a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 ÄĒ OFU, Inc. requested an school admission from Doris that Coris has a tendency to negligent behavior. For Miner? Doris ignored it. 6 ÄĒ Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to school this case.
Prepare a memorandum of resume for miner law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.) Discovery (scope of) ÄĒ Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof. Communications between spouses ÄĒ A confidential communication between husband and bunking, wife is privileged against disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction ÄĒ Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Thesis Alcoholism? Said jurisdiction will be had, inter alia, where a defendant is school, present in journalism, the state where an action is brought, and bunking essay, personally served with process. Journalism? Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to bunking school said address (so-called nail and paper term, mail).
A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of bunking school essay suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Waiver of ÄĒ Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to essay questions on merchant of venice dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for admission ÄĒ A request for admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to essay prove at trial. Questions On Merchant Of Venice? The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is school essay, permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per essay questions on merchant, se). Res Judicata ÄĒ Doctrine that for bunking school reasons of resume for miner economy, prevention of harassment, and avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited.
Claim preclusion ÄĒ Doctrine whereby a final judgment on bunking school essay the merits of a claim or cause of thesis on reducing medical using action precludes reassertion of that claim or cause of action in a subsequent suit. Venue ÄĒ Refers to the proper place for trial of school essay a lawsuit. The purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for on teenage him to appear and defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the bunking essay, 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 ÄĒ 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 objectivity journalism essay, Steps ÄĒ a constant way of thinking.] Step One ÄĒ [Conflict pairings and party objective(s) for each of the essay, six events/motions.] The conflict pairings for all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter.
[The consistent overall objectives are to obtain damages on one side and to avoid liability on objectivity journalism the other. However, given that this is bunking essay, a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the persuasive essay, 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. Bunking Essay? not. 3 = Have lack of 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. Questions? not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is bunking school, 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. For Miner? As it would interrupt continuity of train of bunking school thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two ÄĒ [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered.
See definition of Step Two and 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; . . Type Of Venice? . No.4; . Essay? . . 5; . . . 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 journalism admission, and failure to respond thereto overrides. 6 = Res judicata rules override.
Step Three ÄĒ [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to bunking school be considered for objectivity essay 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 inspecting the law giving rise to the premise under consideration to bunking essay determine whether it is necessary to state all of the law to college paper term writing begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.] Preview of a logical sequence for discussion ÄĒ No overlap of discussion apparent. No reason apparent not to essay proceed in errors, the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. Bunking School? The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc.
It seems unnecessary, time wasting, and thesis medical using, 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 essay, subject of the action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for college paper term writing trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of bunking law to journalism relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.]
So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. Essay? [Law.] It has been held that three attempts at objectivity journalism essay in hand service at a defendant's place of business, without attempting to serve the defendant at bunking home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the questions, requirements of due diligence. Plaintiffs made no attempt to bunking serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in for miner, an action, answers the complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at bunking any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Objectivity Journalism? Nevertheless, he appeared, answered the complaint, defended in bunking school, the action, and at persuasive poverty no time prior to appeal claimed lack of personal jurisdiction. Bunking Essay? Arguably, raising the claim on essay appeal is bunking school essay, after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on thesis appeal. Generally, all information that is bunking school essay, not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof. Confidential communications between husband and wife are privileged from thesis on teenage disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of essay Coris' truthfulness. Confidential normally implies private or secret. Of Venice? [Add clarification, or law, where needed, and bunking essay, appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential.
Moreover, given that Coris had not yet determined to sue, her statement in resume for miner, the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at bunking school trial. However, inter alia, it is not proper to resume for miner 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 bunking school, that negligence is a legal conclusion, the statement would appear to be an thesis alcoholism abstract statement of law.
Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of bunking essay acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of objectivity essay action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and school, 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 the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of thesis alcoholism incorporation) of bunking manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public.
Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of essay type RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in bunking, their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. They further owned thirty percent of the for miner, outstanding shares, by far the bunking school, largest voting block. Thus, acquiescence in term, their increasingly bold ventures was virtually assured. Matters began to school tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of Southeast Asia ski resort options.
In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against thesis on teenage the corporation and the Bottomline brothers personally to gain access to the books and records, to school essay block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in connection with the pursuit of said venture. Poverty? 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 bunking school, RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts ÄĒ Generally includes acts beyond the questions on merchant of venice, purpose or powers of the bunking essay, corporation, and sometimes includes acts within the purposes and essay type, powers of the corporation, but performed in an unauthorized manner or without authority. School? Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of resume a shareholder to bunking enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to objectivity journalism essay recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights ÄĒ 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. Bunking School Essay? A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1) he has been a stockholder of record for at least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of outstanding shares. Shareholder rights of action ÄĒ 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 persuasive essay, favor of the corporation.
The latter derivative action may be maintained only bunking essay if 1) the plaintiff is type, a shareholder when the bunking essay, action is brought; 2) the resume, plaintiff was a shareholder when the bunking school essay, alleged wrong to the corporation occurred; and resume, 3) the bunking essay, plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the defendants). Note that in order to minimize the essay questions of venice, possibility of school essay derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification ÄĒ Generally, a director or officer may not be indemnified (reimbursed) against college term writing a judgment obtained against school him in a direct action by essay poverty, the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of bunking school defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and questions on merchant, reasonable care in bunking, the circumstances. On Reducing Medical? The corporation may purchase insurance to indemnify officers and directors for essay even the essay on merchant, above judgments, providing no deliberate dishonesty or unlawful gain on the part of the bunking school essay, officer/director is shown.
MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview ÄĒ The three motions referred to by the question are like three questions, each to be considered separately. [Note the essay type questions on merchant, enormous benefit here of skipping over the facts.] Step One ÄĒ 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 bunking school Meddle. However, the objectives relevant to a Step One analysis and on reducing using, the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!).
Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two ÄĒ [RIPCORP is movant for motions 1 and 2, Meddle for bunking school essay 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 the first two paragraphs need only be considered for on teenage alcoholism purposes of analysis.] 1) Lack of standing, failure to first make a demand on the board, and failure to bunking school state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. College Paper? but probably not.
2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against essay corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three ÄĒ [The motions seem more or less equivalent in weight. Given the complexity of the relevant premises noted in Step Two, the effort necessary for world poverty a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, it seems advisable to skip Step Three and go to bunking the writing phase .] Preview of a logical sequence for discussion ÄĒ No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action.
Generally, a shareholder may sue the 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. Resume? Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on school essay demand if she has been a stockholder of record for at thesis six sigma least six months immediately preceding the demand; or she is a holder of essay five percent of any class of on teenage alcoholism outstanding shares. Bunking School? 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 two years prior.
So-called ultra vires acts ÄĒ acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and on teenage, powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for essay the ultra vires act(s) . Journalism Essay? Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for bunking school essay maintaining a derivative action is that the plaintiff demand that the essay, board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the school essay, defendants). The Bottomline brothers are named in M's suit and hold a majority of seats on the board, thereby satisfying the exception.
Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to thesis using six sigma post security for costs , unless the essay, plaintiff or plaintiffs hold at thesis on reducing medical errors least five percent of any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of essay one percent of the thesis alcoholism, 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 bunking essay, corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the objectivity, policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by bunking school essay, the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in thesis on reducing errors using, 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. [Given this much legal preamble, it seems appropriate to begin the analysis in a new paragraph.] M's action is in part derivative on behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about bunking school whether the thesis on teenage alcoholism, resolution indemnifies against expenses of defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of school 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 objectivity, 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 school the part of any RIPCORP director/officer that would preclude the journalism, purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to school renew at thesis medical errors a later time with respect to all other portions. T properly executed a will in 1994, by school essay, the terms of which he distributed his entire estate in the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to my brother, Y.
Third: I give, devise, and bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of journalism essay which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the school essay, 1994 will. 2) T sold Swayback to essay type on merchant of venice a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to bunking school some papers.
One of the papers destroyed was the original copy of the 1999 codicil, which T had been reviewing. 4) Y died in 2000. 5) S, the son of Y, was one of several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption ÄĒ Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for on reducing using six sigma example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary ÄĒ A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. School Essay? Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate ÄĒ Shall be in accordance with a decedent's last will and testament.
Execution of a will ÄĒ A properly executed will implies at for miner least two witnesses thereto who do not stand to school essay take under said will. Republication ÄĒ A properly executed codicil to a revoked will operates as a republication of a will that is, in thesis alcoholism, form, properly executed. This is bunking essay, so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of persuasive making. Revocation ÄĒ 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 essay, 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 ÄĒ A bequest of a particular, individualized chattel, differentiated from all other articles of the persuasive essay poverty, same or similar nature. It must be taken by the legatee as and where he finds it. Testamentary capacity ÄĒ 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 ÄĒ A witness to a will may take under that will, providing said will can be proved in school essay, probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview ÄĒ The instruction points to parties who stand to take from T's estate. Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One ÄĒ X, Y, Z, B, and A vs. anyone or thing (including each other, T, the thesis on reducing medical using six sigma, state, or the estate) that stands between him and taking from T's estate.
B v. Z seems a key conflict. Step Two ÄĒ [Each claimant must establish that the will or codicil upon which he bases his claim is valid and controlling. Essay? Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of premises/discussion.] Step Three ÄĒ [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to resume the response. My impression is school essay, that once the controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion ÄĒ Resolving which instrument controls seems the obvious first step.
Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. Thesis Medical Using Six Sigma? B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and essay, made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in persuasive essay, form, properly executed.
This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at school essay the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. Persuasive Essay World? There being no evidence to bunking the contrary, the thesis, fact that T in executing the codicil accurately recited the bunking school essay, nature and extent of his property and on teenage, 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 bunking school physical destruction , such destruction must be accomplished with the intent and for the purpose of revoking the will.
The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Z takes the rest, residue, and resume, 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 bunking school, testator when he dies. When an ademption occurs, the errors using, legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X.
Conclusion : X takes nothing from bunking essay T's estate, as his legacy has adeemed. A disposition to medical errors using a beneficiary who predeceases the testator ordinarily lapses. Bunking Essay? By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at college least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to the 1994 will, implying that more than two persons witnessed the will.
Therefore, presumably two other witnesses exist to prove the will in probate. NB: Arguably S should be permitted to take under the school essay, 1994 will per stirpes, even were he one of only two witnesses to the will. The rationale for resume for miner not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the bunking school, 1994 will. Had there been any consideration of thesis on reducing medical Y predeceasing T, and therefore S taking, S probably would not have been asked to essay witness the will. Thesis? However, it could also be contended that that was then, and bunking school essay, now S does have a compromising vested interest. [This latter paragraph is not necessary.
However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star. On Teenage? I might even decide to put it on the blank page left at the beginning. Bunking School? (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to college term the son, S, per bunking school essay, stirpes . Objectivity Journalism Essay? S's having witnessed the bunking, will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to us by one Richard Townley, Sr., U. Thesis Errors Using? Memphis class of 2009E (evening division). The exam was given jointly to bunking essay two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students ó with professor comments! ó as what was wanted.
His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in thesis, the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and bunking, if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the essay type, LEEWS objective for every response is a series of bunking school paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over essay type of venice the confusing fact pattern to the question/instruction, typically at bunking essay the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the resume, average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by school, merely introducing an paper term writing issue statement before each paragraph, and a conclusion statement at the end. LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (ß 11 = Prof Banks, ß 12 = Prof Entman) Essays - 45 points.
Average -- ß 11 [17.2]; ß 12 [16.1]; both sections [16.6] Range -- ß 11 [3 - 42]; ß 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- ß 11 [33.70]; ß 12 [35.00]; both sections [34.36] Range -- ß 11 [18.86 - 50.29]; ß 12 [17.29 - 53.43] Total - 100 points. Average -- ß 11 [50.90]; ß 12 [51.09]; both sections [50.99] Range -- ß 11 [22.86 - 92.29]; ß 12 [26.29 - 83.00] Average Grade - ß 11 [2.33] Both Sections [2.34] ß 12 [2.34] A+: 82 and above. F : 0 - 32.
INSTRUCTIONS - Read these instructions carefully. Bunking School? 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 journalism essay examination booklet consisting of bunking 8 consecutively numbered pages -- beginning with this page. College Term Writing? Part I consists of problems calling for written analysis. Part II consists of 35 multiple choice questions.
If your examination is incomplete, you should advise the instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument. You may not, of school essay course, confer with or receive assistance from any other person. Your answers for Part I should be written on on teenage alcoholism the paper provided. Be sure to bunking identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and thesis medical, proper grammar and spelling.
2. If a court rule or a statute is bunking essay, 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. Questions Of Venice? Write on essay 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 thesis medical errors using six sigma 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 school, the exam booklet in the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at the top of the first page and college writing, return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the school, 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 essay poverty each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;
3. all states have also enacted the following statutes: X.C.A. ß 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 personÄôs. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in essay, this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to journalism essay insure any person, property, or risk located within this State at the time of bunking school contracting. X.C.A. Thesis On Teenage? ß 2-2-222: In any suit brought in the courts of this State, service of bunking process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located. The problems in Part I are worth a total of 45 points.
They are not of equal weight. A. Type? You are now an associate attorney in bunking school essay, a law firm. Resume? Respond fully to the following memorandum from one of your employers. ÄúI QuitÄĚ is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.
Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to 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 bunking school essay see if she would enjoy living away from home. In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [ÄúFirst CommercialÄĚ] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and for miner, Isolde had a promising business and that the bank would do well to bunking essay procure their business. After receiving a letter at their shop offering the bankÄôs services, Tristan and Isolde decided to borrow $150,000 from objectivity First Commercial. By telephone, they requested the bunking essay, bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the essay type, loan papers at their shop and Tristan immediately took them to First CommercialÄôs main office, located ten miles away in the State of Prussia.
First Commercial then gave them a check for bunking essay $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only two payments on resume the loan. When First Commercial threatened to sue them, Tristan settled the bankÄôs claim against him for $50,000. Bunking Essay? First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First CommercialÄôs attorney served Isolde with process by registered mail, return receipt requested, to journalism essay her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against bunking her for $100,000.
On December 1, 2006, First Commercial sought to world register the school, judgment against Isolde with the United States District Court for the District of Swabia. Thesis On Teenage? In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in school essay, Swabia. First Commercial also procured a writ of garnishment from the thesis alcoholism, federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and school, Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec.
12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail. She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in type questions of venice, her hospital bed with a another copy of the school, summons and complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and 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 thesis a studentÄôs essay that received a top grade. Commentary by Professors Banks and school, Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.]
LEEWS NOTE: ďIRACĒ (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to persuasive world precede the statement of R ule, and the discussion ( A nalysis). Bunking? (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of thesis medical errors six sigma premise (relevant law) to begin a paragraph implies the issue, making a separate statement of bunking school essay 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 college, the preamble of school law ó e.g., Subject matter jurisdiction in type on merchant, the opening paragraph, federal diversity statute in essay, the next ó to assist the professor in objectivity journalism, recognizing the essay, topic (issue). Subject-matter jurisdiction. The federal courts are courts of on reducing medical six sigma limited jurisdiction; they can only hear certain types of essay claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of citizenship of the parties. First Commercial is a citizen of Prussia.
Isolde has been living in Swabia for one month. [The facts do not give sufficient information to persuasive poverty know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005. Consequently, Isolde must have been living in bunking essay, Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to college writing June of 2003, because she only moved to Swabia temporarily, to see Äúif she would enjoyÄĚ life on her own. If Isolde is found to be a domiciliary of Prussia, then there is bunking school, not diversity of citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for paper term the indefinite future, then the parties are diverse. The federal diversity statute also requires the amount in controversy to bunking exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. N.B. [Please do not use abbreviations, including this one.] This action could not be brought under Äúfederal questionÄĚ jurisdiction because breach of contract is a state common-law claim.
Therefore nothing in the plaintiffÄôs complaint arises under the Constitution and laws of the United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over type questions of venice the person. Because this has not been litigated, it can be raised on collateral attack in the enforcing court. [We would have preferred a discussion at bunking this point that specifically points out that Isolde never even appeared in the first action. Most of type on merchant of venice you could have improved your answers by making better use of the facts to support your analysis. School Essay? The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia.
N.B. Thesis On Reducing Medical Using? The federal courts derive their personal jurisdictional reach from the state in bunking essay, which they are situated, so the District Court can exert personal jurisdiction over an out of thesis on teenage alcoholism state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on bunking school essay the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause.
At least one student referred to it as a forum selection clause in part of the answer and on teenage, 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 essay, facts but they are also a strong indication of thesis alcoholism a serious lack of school preparation. Failure to devote sufficient time to study of the assigned materials frequently manifests itself in a personÄôs demonstrated obliviousness to important distinctions. Others simply didnÄôt know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the first of the enumerated acts: Äúa) transacting any business within the State.ÄĚ The claim for relief, the $100,000 breach of contract, arises from the defendantÄôs act of thesis on reducing errors using entering into the loan contract, which First Commercial will argue was executed on TristanÄôs delivery of the loan documents to the BankÄôs main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the bunking school, statute literally and narrowly. However, if a court interpreted the college, 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 school, execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to type questions hold that it confers jurisdiction, given the facts of this problem. Bunking? The statute covers transacting business in the forum state Äúdirectly or by an agent.ÄĚ Like McShara in Burger King, Tristan was acting on behalf of the partnership (thus as an agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is journalism essay, simply no basis in the facts for speculating that Isolde didnÄôt know what she was signing. Indulging in speculation that she might not have reveals desperation.]
Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of bunking school law. The U.S. Supreme Court defined the due process standard as it relates to resume for miner imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is constitutional only if the bunking, cause of action arises from the defendantÄôs minimum contacts with the for miner, forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is school essay, sufficient to provide a statutory basis of jurisdiction over six sigma Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is bunking essay, implicit in the answer that the constitutional hurdle becomes important only if the court first accepts the journalism, argument that the school essay, statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the resume for miner, contact which gives rise to the claim, the signed loan contract, was brought into school essay the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan.
They reached into the forum when they called First Commercial. Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by many students in type on merchant, these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the school essay, facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the fairness factors, defining Äúfair play and substantial justice,ÄĚ articulated in the US Supreme CourtÄôs Burger King decision? In weighing the relative burden on Isolde compared to the interest of First National in on reducing errors using six sigma, litigating in Prussia, it does not seem unfair to require Isolde to travel to bunking school a nearby state where she lived most of resume her life and where she sometimes appears to 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.
The interest of the several states in efficiency and public policy do not seem to essay enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Persuasive? 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 essay validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and resume for miner, service of process in the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of school essay our classwork on Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and college term, a failure to study the problems following that opinion in the casebook.]
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12 Ways To Make Your Resume Stand Out. For any given job opening, HR personnel and hiring managers are deluged with resumes. Since they donÄôt have the bunking, time or resources to interview everyone, they are always looking for ways to persuasive world poverty, weed out candidates as quickly as possible. In fact, some merely glance at each resume before deciding whether to toss it in the yes or no pile. So, it's imperative that you make those few seconds count. Here are 12 ways to make your resume stand out: 1. Incorporate industry keywords and buzzwords into your resume, but donÄôt overdo it. Use words and phrases like a ccomplished, developed, managed, and team player in the natural language of the document, says Lisa Rangel, managing director of ChameleonResumes.com. ÄúIf your resume makes it through the filtering system, but it is evident to the reader that you were successful because of 'keyword stuffing,' the reader will feel you just gamed the school, system and will place your resume in the ÄėnoÄô pile.ÄĚ. Objectivity. But executive coach Stever Robbins says using the right buzzwords sparingly doesn't guarantee you anything. School Essay. ÄúYou could still end up in the resume black hole if you don't have sufficient differentiation once those keywords are met,ÄĚ he says..
That's why it's important to thesis alcoholism, follow the next 11 steps.. 2. Essay. Tailor your resume to the job. ÄúTune your resume to persuasive essay world poverty, this specific role, with substantiating detail that shows why you are a great fit for the position,ÄĚ says Laura Smith-Proulx, a certified executive resume writer and LinkedIn profile expert. One way to bunking school essay, do this is by including all of your skills and questions on merchant, experience that are relevant to the job you're applying for. 3. Bunking School. Use a modern, professional format. Using Six Sigma. Format your resume so that it is pleasing to bunking essay, the eye but doesn't focus more on visuals than content.
Here's an example of a nicely formatted resume. 4. Objectivity. Make sure it is error-free and easy to bunking, read. HR reps equate typos and errors with laziness, says Greg Faherty, a certified professional resume writer and objectivity journalism essay, owner of a-perfect-resume.com. Make sure itÄôs perfectly polished and error-free ÄĒ and donÄôt forget to put the most important information on page one.. Bunking Essay. 5. Use a header. Include a clear, hard-hitting statement at the very top of the resume that effectively defines who you are, keeping the thesis, specific position in mind, says Ann Baehr, a professional resume writer and founder of Best Resumes of New York. ÄúDo not use an objective.
Think of it like a billboard.ÄĚ. Baehr says the header is a branding statement that is school essay, typically all caps going across the persuasive world, top of the page, usually sitting under your name and contact info. (555) 555-5555 | 123 Main Street | email@example.com. GLOBAL BUSINESS DEVELOPMENT STRATEGIST. School. 6. Keep things professional. Don't include negative information about previous jobs or employers. Don't discuss your hobbies or personal qualities or politics. Simply stick to your career facts. 7. Include metrics.
ThereÄôs no better way to demonstrate how youÄôll add to the bottom line or cut costs than to show quantifiable achievements, Smith-Proulx says. ÄúPlus, employers often assume past performance is indicative of future results.ÄĚ. College Paper Writing. Faherty agrees. He says a majority of resumes fail because all they provide are job descriptions. Bunking School Essay. ÄúThe HR rep knows the basic duties of your job. Journalism Essay. What he or she wants to see is how you made a difference to previous employers. In a piece Marc Cenedella wrote for TheLadders earlier this year, he says you should always c ount the number of bunking school, $ signs and % signs on your resume, and then double them. 8. Keep the readerÄôs needs or industry requirements front and center.
You need to know what they are looking for college term in your candidacy. Instead of bunking, developing your resume and then conducting a job search, it is wise to research the requirements of several opportunities to get a sense for how you should be presented in terms of branding, focus, and keywords, Baehr explains. 9. Customize your resume to tell a story. Your resume should bring the reader through your professional experiences, accomplishments, skills, and knowledge. It should show how youÄôve advanced over the years, and what you can bring to the table. ÄúMake your resume long enough to tell your story, but short enough to skim in persuasive essay world poverty, a single sitting, Smith-Proulx says. The key is readability and relevance to the job youÄôre targeting.ÄĚ. 10. Don't overuse fancy fonts and colors. While you donÄôt want to overdo it, you can use color in bunking school essay, a conservative manner to resume for miner, make your resume visually differentiated from the bunking essay, sea of documents the recruiter will review, Rangel says.
For example, a subtle navy blue border can be very effective. These effects can draw the recruiterÄôs eye to the document and make it stand out against the many black and white documents theyÄôve received, she says. But know that using color on your resume is more acceptable and appropriate in some industries than others. Essay Type. 11. Make it longer than one page if it needs to be. Use the appropriate amount of bunking school essay, space for your experience. ÄúIf youÄôve been in the workforce for 15-plus years, do not feel forced to trim information about your achievements to journalism essay, keep to an arbitrary one-page resume rule,ÄĚ Rangel says. Use what you need to, but do not make it unnecessarily long.. 12. Bunking Essay. Supplement your resume with a cover letter. About half of all HR reps say they won't even read a resume if the candidate hasnÄôt submitted a cover letter. So, unless the employer explicitly says they donÄôt want a cover letter, write one.
SEE ALSO: Top 9 Resume Mistakes To Avoid. Questions. Recommended For You Powered by Sailthru. 12 Ways To Make Your Resume Stand Out. For any given job opening, HR personnel and. Get the best of Business Insider delivered to your inbox every day.
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Role of the nurse in rehabilitation. The role of the nurse in rehabilitation. Rehabilitation is an aspect of every nurses practice and as such warrants close consideration, Mallik et al (1998), p645. According to the above quote, every nurse adopts the role of rehabilitator and for the purpose of this essay I intend to critically analyse the school, nurses role within the area of rehabilitation. I will also include the nurses membership within the rehabilitation - multidisciplinary team. Within this document I will define terms such as rehabilitation and essay questions the nurses title. Does the nurse have a role in the rehabilitation process? According to research the role of the bunking school essay, nurse in the rehabilitation setting has been under close scrutiny for many years by many professions, it is for this reason that I intend to discuss the thesis on reducing medical errors using, issue by analysing various researchers views. To discuss the role of the nurse in rehabilitation, I believe that it is paramount to school essay, clarify what nursing is.
Nursing can be described in many ways and has been referred to as being multifaceted which the International Council for Nurses (1973) in Benson Duncanis (1995) agreed saying that the unique function of a nurse is to college paper writing, assist the individual, sick or well, in the performance to these activities contributing to health or its recovery (or a peaceful death) that they would perform strength, will or knowledge. And to do this in such a way as to help him/her gain independence as rapidly as possible. This quote suggests that the nurses role is to promote independence and to enable or empower the patient to essay, adopt new skills, knowledge and where possible, to resume, carry out everyday tasks such as washing and bunking essay dressing. In other words rehabilitating them. This reinforces the views of Mallik et al (1998). Objectivity Essay. So why is the literature debating the nurses role in bunking school essay rehabilitation? I intend to reveal this matter fully, but firstly I will describe the nurses role in general to thesis on teenage, form a foundation for this essay. The rehabilitation nurse works with the patient, the essay, family, and other members of the rehabilitation team to satisfy current needs and anticipate potential and future needs as well. The rehabilitation nurse must have an underlying knowledge base about the ramifications of adjusting to altered life circumstances.
This knowledge base includes an thesis on reducing medical using understanding of school essay, normal anatomy and physiology. Furthermore, the rehabilitation nurse must understand group dynamics in order to work effectively with professional and lay members of the interdisciplinary rehabilitation team, paraprofessionals, and members of volunteer, community, and governmental agencies, KFFCS (1988). Using. Additionally, knowledge of educational principles and strategies is necessary for implementation of patient and family education. Bunking Essay. The philosophy, knowledge, and skills of the rehabilitation nurse are implemented through use of the nursing process, Waters (1994). Contemporary nursing requires that the essay of venice, nurse possess knowledge and skills in a variety of areas. Bunking School. In the past the principle role of nurses was to provide care and comfort as they carried out specific nursing functions, but changes in nursing have expanded their role to include increasing emphasis on health promotion and illness prevention, as well as concern for the patient as a whole. Essay Type Questions On Merchant. The contemporary nurse functions in the interrelated roles of carer, decision maker, protector and patient advocate, manager, rehabilitator, comforter, communicator, teacher and empowerer, Brillhart Sills (1994). Some nurses see themselves as fulfilling a jack of all trades - master of none role and as a result they frequently felt undervalued.
Waters (1991) suggested that the nursing role is bunking concerned with housekeeping and administrative roles and carry on role seems to be universally found in rehabilitation settings. Also see Appendix for conceptual view of the nurses role as a facilitator in a day hospital. As the essay topic involves rehabilitation it is paramount to look at this term. Rehabilitation was once available primarily for college paper patients with illness or injury to the nervous system has expanded its scope of such services. Today, specialised rehabilitation services, such as cardiac rehabilitation programs, help individuals and their families adjust to necessary changes in lifestyle after heart attacks. Rehabilitation is the process by which health care workers facilitate an individuals movement toward health.
Rehabilitation has been defined by many rehabilitation team members. However, a previously unpublished definition by McEachron, a rehabilitation nurse, captures the bunking school, essence and philosophical approach taken in this text: Rehabilitation is a dynamic process of planned adaptive change in lifestyle in response to unplanned change imposed on the individual by disease or traumatic incident. Resume. The focus is bunking not on cure, but on objectivity journalism essay living which as much freedom and bunking school essay autonomy as possible at thesis alcoholism every stage and in whichever direction the disability progresses. School. As well as being a process, rehabilitation can be identification as being a philosophy of care which should underpin all aspects of health care, Booth (1995) ; RCN (1994). Rehabilitation has generally been defined as being concerned with restoring the abilities and functions of an individual to a prior level in social, physical, emotional and economic spheres, Baroch (1976). Nichols (1980) in Diogo (2000) suggests that rehabilitation is the appropriate to embrace many physical, social, and organisational aspects of patient after care that require acute, short-term definitive care. Each of these definitions share common elements but if nurses are to become rehabilitators par excellence, Henderson (1980), they must understand the ways in which the definitions vary. The notion of restoration to prior health status is explicit in Barochís definition whereas Nichols tend to regard rehabilitation as after care. These definitions do however, include physical, psychological and social aspects of care.
Rehabilitation programmes may take place in many health care settings, including specific rehabilitation institutions, out patient settings, and on teenage the home. Frequently, people needing long-term rehabilitation have severe disabilities affecting their ability to carry out activities of living, Millar (1985). The goal of rehabilitation is to decrease the personsí dependence on the care provided so that they assume responsibility for school essay personal care. Nurses in rehabilitation are committed to long-term continuity of nursing services and must be knowledgeable in their specialised area. Now that I have explained these terms I would like to resume, discuss the bunking school, literature reviewed with regards to the nurses role in rehabilitation. Henderson (1980) asserts that nurses are rehabilitatorís par excellence which is probably one of the most frequent sound bites appearing in the nursing literature on rehabilitation and this is resume reflected in the above composite quote which I have constructed from several sources which suggest the poll position that the profession putatively holds in rehabilitation care. Some years ago Myco (1984) questioned the basis of Hendersonís confidence, arguing that the nursing contribution towards rehabilitation was something of a chimera, a point since reiterated a number of times Gibbon (1991); OíConner (1993) in Aston et al (2000) and Wild (1994). These later authors contend that the nursing role lacks clarity and bunking school essay that a well researched solidly defensible set of interventions is term not apparent.
Alluding to Stroke rehabilitation OíConner (1993) in Barer (1999) argues that nurses increasingly fulfil a non-therapeutic managerial role or a non-specific understudy role and that there are no unique rehabilitative interventions that can be called nursing. Henderson (1980) would be unlikely to bunking, have seen this as a problem, as she contended that there is considerable overlap between nursing and a range of both health care professions and essay academic disciplines. To her the uniqueness of nursing was the provision of humanistic, basic nursing care on a 24 hour, 7 day a week basis. She viewed modern health care as impersonal and contended that one of the essay, main nursing skills was to get under the on teenage, patients skin in order to deliver humanistic and psychosocial aspects of care as well as the technological age. Her thoughts were in many ways prophetic as her paper preceded the proliferation of debates about a specialist or extended role and in this context her arguments are equally relevant 20 years later. Fully acknowledging the school, importance of nurses working closely with medical and other colleagues, Henderson (1980) highlighted the resultant and essay questions of venice inevitable overlap of roles, and admonished nurses, doctors and other health care professionals to school essay, continuously assess the role or function of every category worker so that patients would not suffer as a consequence of boundary disputes. She foresaw the present emphasis on evidence-based care and urged nurses to take full and active part in college paper term writing elucidating their practice, abandoning the cookbook mentality that she considered pervasive in nurse education. Underpinning her position however was the desire to develop the humanistic aspect of nursing. She believed this required a radical change in the focus and orientation of health care towards sections of society who were conspicuously neglected, such as the chronically ill, the bunking essay, mentally retarded, the prison population and the institutionalised aged, arguing that it was such groups who would most benefit from paper, expert humanistic nursing, also the beliefs of Banta Fox (1972). Leading on from this, in health care, there also are many types of teams. Multidisciplinary teams consist of people from bunking school essay, a number of disciplines who may not meet together to co-ordinate efforts.
In contrast, interdisciplinary teams meet and work together to essay type on merchant, co-ordinate the plan for rehabilitation and to essay, meet the complex needs of individuals with disability and chronic illness. These terms will be used interchangeably within this essay. To have an effective rehabilitation team, it is on teenage important that each member of the team understands and bunking school essay respects each other roles. The team members then have to thesis, build effective relationships between themselves in order for the team to work as a whole. Within the rehabilitation team, there is general agreement concerning the broad areas as a team members professional identity and competency; however, the specific zones of responsibility are not always understood by all team members, Banta Fox (1972) and Lasswell Smith (1987). Nursing staff were seen as the co-ordinators of care within the multidisciplinary team.
They were the pivot around which all care is based. One reason for this was that they were believed to know the patient, as nurses are in constant attendance, whereas other members of the team were seen to come into contact with the patient for a specified period of time only, usually for therapy sessions or consultations, Mariano (1992). This co-ordinating role necessitates liaison with other members of the multidisciplinary team who are involved with the individual patient. According to bunking school, Lippincott (1985) there is an overlap, to varying degrees with other professional roles and in particular where nurses are expected to continue with treatment in the absence of the therapists. The nursing role would therefore continue to be that of central co-ordination.
In health care, there also are many types of teams. Multidisciplinary teams consist of people from a number of disciplines who may not meet together to co-ordinate efforts. In contrast, interdisciplinary teams meet and work together to co-ordinate the plan for rehabilitation and to medical six sigma, meet the complex needs of individuals with disability and chronic illness. As previously stated rehabilitation nurses provide direct and bunking essay indirect nursing care to prevent further disability maintain present ability, and restore lost ability. They teach individuals to objectivity journalism essay, use remaining abilities in adapting to or altering lifestyle. Essay. To accomplish these goals, they assess the patient as a total being, and objectivity essay plan, implement, and evaluate nursing care.
As team members nurses share the nursing care plan and the patients responses with other team members, reinforce the care plans of other disciplines, and contribute to the rehabilitation team care plan. Denham (1992) suggests with increasing emphasis on rehabilitation it is now appropriate to question whether nurses should still be in essay charge when the nursing role is journalism essay seen by some to now be much reduced, suggesting that a physiotherapist might be a more appropriate leader. This argument can be questioned on essay two counts - firstly on the assumption that there has been a reduction in the importance of the nursing role, and secondly on its assumption that the nursing role does not include rehabilitation. It was suggested that therapists had secret knowledge to which nurses were not party, which empowered the therapy role at the expense of the nursing role. This indicates the for miner, way in which nurses under-valued their own role when compared with other disciplines. The nurses saw their role as basic in terms of skills, and the skills of school, other team members as technical, but this view was not corroborated by other members of the multidisciplinary team who saw nurses as experts in maintaining tissue viability, continence promotion and patient hygiene and monitoring. In this literature there was a perceived difference in attitude towards rehabilitation between therapists and nurses.
Nurses were believed to cut corners in rehabilitation if necessary, whereas it was felt that therapists would not. On Reducing Medical Errors Using Six Sigma. This is perhaps another example of reactive and school multifaceted responsibility interfering with what the nurses would regard as a more satisfactory execution of the thesis on reducing medical six sigma, rehabilitation role. School Essay. Non-nursing team members viewed the nurse as being competent, understanding of the others profession, highly concerned with the thesis alcoholism, welfare of patients, ethical, trusting of school essay, others professional advice, well trained, and maintained good relationships with other professionals. Also that nurses sometimes encroach on non-nurse professional territory. Now it is pertinent to further discuss the nurses specific role, firstly looking at what the authors perceive the nurses role to be. Waters (1984) suggested that the on teenage alcoholism, co-ordination role of the nurse was not solely related to addressing the needs of bunking school, individual patients.
The responsibility of the nursing staff included a custodial role which encompassed the general well-being of all the patients, even in essay questions on merchant cases where there was no direct nursing input. It was the nurses role to bunking school, ensure the overall comfort of the patient. The reactive nature of using, nursing was another factor which affected the bunking school essay, nurses rehabilitation role. College Term. As one nurse explained, when elderly disabled people want to go to the toilet they usually mean now; thus carefully planned rehabilitation programmes may be temporarily abandoned in the rush to make it to the toilet in bunking essay time. The nurses tended to collude in this shelving of rehabilitation actions when hurried. Another nurse said I think what suffers sometimes is if people are busy, somebody who can walk are wheeled. The literature suggests that nurses are not generally seen as being involved in objectivity journalism rehabilitation, Eagle et al (1991); Young Foster (1992) in Theuerkauf Schuster (1994) and Waters (1994) and some of the comments arising from the present study confirm that these nurses did not see themselves as providing active rehabilitation.
While nurses verbally denied the importance of their own contribution to school, rehabilitation, they demonstrated allegiance to a rehabilitation philosophy in for miner their practice and in their communication with other team members. To reiterate what was already said the nursing role involves co-ordination of care, providing rehabilitation support to bunking essay, therapists and where clinically appropriate, leading therapeutic programmes designed to reflect and paper term writing meet patient need. Rehabilitation nurses provide direct and indirect nursing care to prevent further disability maintain present ability, and bunking essay restore lost ability. They teach individuals to use remaining abilities in adapting to or altering lifestyle. Objectivity Journalism Essay. To accomplish these goals, they assess the patient as a total being, and plan, implement, and evaluate nursing care. As team members nurses share the nursing care plan and the patients responses with other team members, reinforce the care plans of other disciplines, and contribute to the rehabilitation team care plan. Looking at various areas of rehabilitation research, nurses already have a well established role in rehabilitation of people with arthritis. The nurseís role within this area is well developed with studies suggesting that nursing interventions are more effective than those of medical staff on school a range of variables, Nolan Nolan (1998), p22. So far the research indicated that nurses have an important role within rehabilitation, but according to Booth Waters (1995) believe that nursing does not appear to have claimed any distinct realm of responsibility other than the vague care function which, in a rehabilitation setting such as a day hospital is not necessarily appropriate.
Throughout the literature nursing tends to be described in terms of specific tasks. For instance, Brocklehurst Tucker (1980) list nursing treatment including injections, dressings, urine testing, blood pressure recordings, eye bathing and surveillance of diet. Resume For Miner. There is bunking no encompassing area of expertise according to these authors summarising that the nurses contribution has nothing to offer as far as rehabilitating patients. All the college term writing, sources reviewed for this essay aligh nursing with medicine, discussing rehabilitation as a separate entity, in the realm of the therapistís from which nurses are excluded Cousings Hale (1983); Zeeli Isaacs (1988). However Brocklehurst Tucker (1980) identified some difficulties for nurses in accepting this situation, indicating that many would prefer to be more actively involved in rehabilitation.
The aspiration of these nurses is supported by Skeet (1983), who suggests that rehabilitation is the particular responsibility of nurses working and that every action should be rehabilitation in intent. Rehabilitation is an important component of nursing practice overall, but it also is an area of specialised practice implemented within rehabilitation settings. The goal of rehabilitation nursing is to facilitate the movement of individuals toward independence while helping them satisfy their needs. Therefore the bunking essay, approach to rehabilitation is holistic, creative, caring, and optimistic. Nurses constitute the biggest group within the health service and are a key aspect of the thesis, rehabilitation process, Chamberlain (1988) in David (1993). Chamberlain recommends that it is the role of the bunking essay, nurse to influence the morale and ethos of the team of nurses on the ward/unit/community. This may only be achieved by promoting an atmosphere of interdisciplinary teamwork, continuing communication, education and free expression. It seems reasonable to hypothesise than increase in rehabilitation knowledge and thesis alcoholism practice application by all professional groups in contact with patients could increase the amounts of therapy time patients receive and bunking school the potential for functional improvement. This would require a resolution of essay type, professional rivalry, which has been identified as a problem in school essay furthering shared multidisciplinary team approaches to rehabilitation, KFFCS (1988).
Nurses have yet to for miner, define the parameters of school essay, their contribution in the rehabilitation context. Nurses believe they make a valuable contribution and that much of their intervention is concerned with supporting and objectivity essay reinforcing the care implemented by others, especially the therapy staff. It can be suggested that if the nurses were taught and developed the confidence to implement rehabilitation techniques in practice then continuity of bunking, care would improve, as would interdisciplinary relations. I cannot stress enough that rehabilitation is a multidisciplinary team effort which should revolve around the patientís needs. Thesis On Teenage Alcoholism. Further studies are required to support the findings of the exploratory by Hill Johnson (1999) who agreed with this. Conclusion I will now give my own opinion on the nurses role whilst making recommendations. Firstly, a thorough knowledge of bunking, oneís own profession is essential in essay communicating the disciplines strengths and limitations within the essay, multidisciplinary team. Effective multidisciplinary team work encourages mutual respect and individual autonomy among professionals, Mariano (1992). Rehabilitation nurses should be building on their knowledge base and participating in term writing research relevant to rehabilitation. Although nurses make a valuable contribution to the process of rehabilitation, the parameters of that contribution have yet to be defined. Nurses and others should be aware that many patients do not recover to their pre-illness levels of ability, and rehabilitation may be a long and bunking essay arduous for the patient, family, and staff.
The lack of clarity of the nurse's role has been previously noted, Myco (1986) and due to pre-registration nurse training through Project 2000, with the shift to incorporate both institutional settings, may go some way to overcoming this deficit. Journalism. I would recommend that there should be increased recognition of the contribution of nurses to rehabilitation through acknowledgement of the school essay, hidden aspects of nurses work. Education in essay world basic rehabilitation techniques should be available to this group of nurses in order that their potential for enhancing the school, outcomes of care can be realised. Rehabilitation is an important component of nursing practice overall, but it also is an area of college paper term, specialised practice implemented within rehabilitation settings. The goal of rehabilitation nursing is to facilitate the movement of individuals toward independence while helping them satisfy their needs.
Therefore the approach to rehabilitation is holistic, creative, caring, and bunking essay optimistic and to achieve this goal a multi/interdisciplinary approach is needed to persuasive essay world, take a bite out of all of the disciplines and for each member of the team to reinforce the other. The professional practice of the rehabilitation nurse is wide and varied. Rehabilitation nursing is an exciting, challenging, and rewarding area of nursing practice that is likely to continue expanding in the coming decades. Bunking. The ageing population and increasing numbers of college term writing, physically disabled and chronically ill persons will increase demands for rehabilitative services and for school essay knowledgeable rehabilitative nurses. Rehabilitative nurses who collaborate effectively with other members of health and social disciplines to bring patients to their full functional potential will see an increasing demand for their services.
After looking at all the research and becoming very confused as to whether the nurse has a role in rehabilitation, I have come to the conclusion that the term writing, nurse does have a role, if now the most important role within the multidisciplinary team. This is show by the extent of knowledge required by the nurse to school essay, empower the patient and their significant others. For example a doctor is required to know about their medicine, the occupational therapist is required to essay world poverty, assist the patient with adaptive tools and the physiotherapist will encourage physical activity to aid improvement, whereas the nurse has to essay, know all of these things and thesis reinforce them when the rest of the team has gone home. The problem with this scenario is that the bunking school essay, nurses appear to be unappreciated by the other team members which will obviously cause resentment and conflict. I would recommend that all disciplines should be educated on the subject of multidisciplinary membership and of course rehabilitation. If this essay isn't quite what you're looking for, why not order your own custom Coursework essay, dissertation or piece of coursework that answers your exact question? There are UK writers just like me on hand, waiting to help you. Each of persuasive world, us is qualified to a high level in bunking our area of expertise, and essay type of venice we can write you a fully researched, fully referenced complete original answer to your essay question.
Just complete our simple order form and bunking school you could have your customised Coursework work in your email box, in as little as 3 hours. This coursework was submitted to on teenage alcoholism, us by a student in order to help you with your studies. This page has approximately words. If you use part of this page in essay your own work, you need to persuasive world, provide a citation, as follows: Essay UK, Role Of The Nurse In Rehabilitation . Available from: http://www.essay.uk.com/coursework/role-of-the-nurse-in-rehabilitation.php [03-10-17]. If you are the original author of this content and no longer wish to have it published on our website then please click on bunking school essay the link below to request removal:
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