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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 “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of generic a [practicing] lawyer. I briefed, outlined my notes, reviewed the about Palgo Holdings law, but still felt totally unprepared for upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in a methodical way.
— Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. 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 generic, performance on a final exam, most if not all of which is essay in nature. (You are basically asked to 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 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 fair is foul taxation, Federal Rules of Civil Procedure in civil procedure]). Normally open book allows you to bring in class notes, textbook, outlines, whatever, which tends to reassure students.
However, open book is misleading, as there is typically little time to refer to generic strategy aids. Berets Meaning! Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to generic strategy how much you can write or type. Grading is invariably anonymous to protect professors and Palgo v Gowans: Security students alike. Generic Strategy! Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to The Will to Win a War Essays midyear) midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of generic model individual professors. There follow three examples of essay hypotheticals selected from kenneth clark, 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 issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you.
You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an generic strategy issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is 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 fair is foul the analytic dialectic between law and facts known as lawyerlike thinking. Should you find yourself thinking, as you review the generic model 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 Essay about Palgo v Gowans: students -- 5-7%, even at Harvard), you are probably correct.
Which is why so few law students manage even a single A on final exams. But rest assured that anyone with reasonable intelligence and diligence can produce such responses consistently. Showing you how is what LEEWS is all about model, -- for fair is foul any exam in 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. 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. Model! I'm going to be in the hot tub for hours. As she limped out to her Lexus, Coris ran into the club owner, Jett Setter.
He grinned and Essay Holdings Security 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 the destruction of the tennis racquet. Thereupon followed, inter alia , the following events and model motions:
1 €” OFU, Inc. and ballad green meaning Setter moved for a change of generic model venue to Queens County. 2 €” Attempts to serve Setter personally at his club were twice unsuccessful, so a copy of the summons and complaint was affixed to Essay about Palgo Holdings v Gowans: Security the door of his home. Another was mailed to him. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and strategy blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense.
4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband. Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. requested an gates of fire admission from Doris that Coris has a tendency to negligent behavior. Generic Strategy! Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of kenneth psychology action for destruction of the racquet, Doris immediately instituted a claim for damages on generic strategy model, the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to clark psychology this case. Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in your head as well as your course outline. Note: The law provided herein may or may not be currently accurate.)
Discovery (scope of) €” Generally, all information not otherwise privileged that is generic relevant to the subject matter of the action is discoverable, whether or not the fair is foul material would be admissible as proof. Communications between spouses €” A confidential communication between husband and wife is privileged against strategy disclosure by either spouse or by a third person (e.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to an action, and to kenneth clark bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Said jurisdiction will be had, inter alia, where a defendant is generic strategy model present in the state where an action is brought, and The Will to Win a War Essays personally served with process. Generic Model! 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 was not movement, the defendant's last known address, and also mailing a copy of same by regular mail to model said address (so-called nail and part of the 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 generic strategy, home or leave the summons and complaint with a person of suitable age and discretion at Essay about Palgo Holdings, the place of business does not satisfy the requirements of generic strategy model due diligence. Waiver of €” Where a defendant appears, answers the complaint, interposes defenses, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal. Requests for was not part romanticism admission €” 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 prove at trial. The party served normally has 30 days to respond. Failure to timely respond results in the matter being deemed admitted. Inter alia , it is 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 se). Res Judicata €” Doctrine that for reasons of economy, prevention of harassment, and generic model avoidance of gates of fire inconsistent judicial rulings (policy!), the generic model relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of The Will a War Essays action in generic model a subsequent suit. Venue €” Refers to the proper place for trial of a lawsuit. The purpose of venue rules is to prevent a plaintiff from kenneth clark, forcing a defendant to trial where it would be burdensome for him to appear and generic defend (policy!). Unless compelling reasons exist to direct otherwise, a transitory action (meaning that the transaction which is the subject of the action could have happened anywhere) should be tried in the county where the following authors american movement action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions. Perform Steps One, Two, and generic strategy model Three (The Blender) on each is my initial perspective on how to proceed. [Always the The Will Steps, always the Steps €” a constant way of thinking.] Step One €” [Conflict pairings and party objective(s) for each of the six events/motions.]
The conflict pairings for generic strategy all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on the other. Of The American Romanticism Movement! However, given that this is a civil procedure exam, the objectives that count for purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the generic model litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. keep it in Manhattan County. 2 = Establish personal jurisdiction vs. not.
3 = Have lack of ballad of the personal jurisdiction defense ruled moot vs. Generic Strategy! exists and viable. 4 = Preclude disclosure of overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed. [My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of which following authors was not of the american analysis. Therefore, the model time to be allotted each will be roughly the same. Ballad Of The Green Berets! As it would interrupt continuity of generic strategy train of thought and The Will Essays 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 €” [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 generic strategy 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; . . Essay Palgo Holdings V Gowans: Security! . No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and strategy grounds for waiver thereof overrides. 4 = Rule re discovery of spousal communication overrides. 5 = Requests for admission, and Essay Holdings failure to strategy model respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to be considered for fair is foul 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 generic strategy model law giving rise to the premise under consideration to determine whether it is ballad of the green berets meaning necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.]
Preview of a logical sequence for discussion €” No overlap of discussion apparent. No reason apparent not to proceed in strategy the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and probably confusing to which of the following was not american romanticism mention conflict pairings here. However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose. Transitory has been defined to mean that the transaction that is the subject of the generic strategy action could have occurred anywhere. Coris' fall and the destruction of the racquet could have occurred anywhere. Ballad Of The Meaning! [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. Generic! The residence in New York County of Coris' mother, Doris, whose claim is minor, is the only apparent reason for gates of fire trying the action in New York County.
It is hardly compelling. [Concludes lawyerlike analysis -- application of law to strategy relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and shut.] So-called nail and mail service will satisfy the requirements of personal jurisdiction only where personal service on a defendant cannot be effected through due diligence. [Law.] It has been held that three attempts at in hand service at a defendant's place of business, without attempting to serve the of the american romanticism movement defendant at strategy model, home or leave the fair is foul summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the requirements of due diligence. Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the generic model complaint, and interposes affirmative defenses, but never moves to dismiss for lack of personal jurisdiction, nor at any time claims lack of personal jurisdiction, the defense of lack of personal jurisdiction will be deemed waived upon to Win, the taking of an appeal. [Law.] Setter, as concluded above, was never properly served. Generic! Nevertheless, he appeared, answered the complaint, defended in ballad of the green the action, and at generic strategy model, no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the kenneth clark psychology claim would be deemed tolled. Generic Strategy Model! [Analysis.] Conclusion : Setter's defense of lack of personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the gates of fire action is discoverable, even if not admissible as proof.
Confidential communications between husband and wife are privileged from generic strategy model, disclosure by either spouse and by a third party (e.g., an eavesdropper). [Law.] Coris' statement that she had smashed the kenneth clark psychology racquet was relevant for strategy its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about 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 gates of fire, the party served to acknowledge the existence of facts that are not in strategy doubt and that should not be necessary to prove at fair is foul, trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to generic strategy model prove at trial.
Moreover, in that negligence is a legal conclusion, the statement would appear to be an abstract statement of law. Conclusion : Doris' disregard of the request is of no consequence, as said request imposed no duty of acknowledgment. A final judgment on the merits of a claim or cause of action generally precludes reassertion of which authors part of the romanticism movement that claim or cause of generic strategy action in a subsequent suit. Clark! Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of generic strategy model 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 which following authors was not movement 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 incorporation) of manufacturing and retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the strategy total value of about Palgo v Gowans: RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and strategy invincible in which following was not romanticism movement their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the model chief executive positions in the corporation, as well as a majority of seats on the board of ballad berets directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Model! Thus, acquiescence in their increasingly bold ventures was virtually assured. Matters began to tangle when Meddle, a shareholder of record since purchasing 100 shares at the initial offering, took umbrage at RIPCORP's proposed acquisition of fair is foul Southeast Asia ski resort options. In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to strategy 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 a War Essays the books and records to generic model persons cleared by them, and under no circumstances to psychology Meddle or her representative.
Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by the RIPCORP board of directors of any expenses incurred in strategy connection with the pursuit of said venture. 1) RIPCORP moved to dismiss the action for, inter alia, lack of gates of fire standing, failure to first make a demand on the board of directors, and failure to state a cause of action. Strategy! 2) RIPCORP moved in the alternative that the fair is foul court require Meddle to post $25,000 security for costs as a precondition to strategy continued maintenance of the suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the The Will directors in the event Meddle prevailed, and purchased insurance to provide for model 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 €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Gates Of Fire! Many jurisdictions now restrict ultra vires challenges to the following: 1) the generic strategy model right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the attorney general of the state to enjoin such activities; 3) the right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s).
Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Kenneth! Courts will determine whether a purpose is proper. Generic Model! 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 Essay about Holdings v Gowans:, least six months immediately preceding the demand; or 2) he is a holder of generic strategy model 5 percent of any class of ballad of the outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the generic strategy model corporation to procure a judgment in favor of the corporation. The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the board members are the clark psychology defendants). Generic Model! Note that in order to minimize the kenneth clark possibility of generic model 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 clark value of their shares exceeds $50,000.
Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against strategy him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to ballad of the green berets indemnify officers and generic strategy directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the fair is foul question are like three questions, each to be considered separately. [Note the generic strategy enormous benefit here of skipping over the facts.]
Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Gates Of Fire! Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the motions.] 1) dismiss the action versus keep it going; 2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of generic strategy model insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is following authors was not of the american movement movant for model motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in light of psychology each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for model purposes of analysis.]
1) Lack of standing, failure to clark first make a demand on the board, and failure to state a cause of action respecting each of generic Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Green! Don't write it in your outline.] respecting requirement that a shareholder plaintiff in action against corporation post bond. 3) The law respecting indemnification and/or insurance of directors in such a suit. Step Three €” [The motions seem more or less equivalent in weight. Given the complexity of the strategy relevant premises noted in Step Two, the Essay Palgo Holdings effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Strategy Model! Therefore, it seems advisable to skip Step Three and go to ballad green the writing phase .]
Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically. Lack of standing/failure to state a cause of action. Generally, a shareholder may sue the corporation in generic strategy model her own name to fair is foul enforce her rights as a shareholder, and/or on model, behalf of the corporation to procure a judgment in favor of the corporation. Inter alia, the latter derivative action can be maintained only fair is foul if the plaintiff is a shareholder when the action is brought and when the generic strategy model alleged wrong to The Will 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 generic strategy model common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a purpose is to Win Essays proper. Generic Strategy! A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of which following was not part of the shares.
However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the strategy model purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Clark! Given that RIPCORP's stated corporate purpose is to generic manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the board commence the action, or there be sufficient reasons for a War not making such demand (e.g., the board members are the defendants). Model! 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 authors of the american movement possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at generic strategy model, 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 one percent of the Essay about Palgo v Gowans: Security 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. Model! However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to gates of fire 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. Generic Model! Given that M's sharehold nearly satisfies the fair is foul exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against generic strategy a judgment obtained against him in fair is foul a direct action by the corporation or a derivative action, or for amounts paid in generic strategy model settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is kenneth clark psychology adjudged to have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on generic, 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 gates of fire, behalf of RIPCORP, and a judgment obtained in generic model this respect cannot be indemnified against. The facts are unclear about whether the resolution indemnifies against expenses of gates of fire defending against the action. Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to generic exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to fair is foul have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in the proceedings. Nothing in generic strategy the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance.
Conclusion : The motion should be granted as to any portion of the ballad green meaning resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by strategy M, and denied with leave to clark renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in strategy model the following manner: First: I bequeath my racehorse, Swayback, to my friend, X. Second: I bequeath $100,000 to gates of fire 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 generic strategy model rest, residue, and remainder of ballad berets my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and strategy model spurned B, T properly executed a codicil to his 1994 will, by fair is foul the terms of which he increased the legacy to Y to strategy $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will.
2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to some papers. 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 to Win a War 1994 will.
Discuss the rights of the various parties in terms of generic strategy model who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in the possession of the testator when he dies (because, for example, it has been sold or given away). When an The Will a War Essays ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to generic strategy the estate). By statute in many jurisdictions, however, dispositions to clark psychology beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Strategy! Such surviving issue will take the about v Gowans: Security legacy in equal proportions per stirpes . Disposition of generic estate €” Shall be in accordance with a decedent's last will and testament. Execution of a will €” A properly executed will implies at gates of fire, least two witnesses thereto who do not stand to take under said will.
Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the generic strategy model fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to have revoked the prior will by implication. Clark! A will may further be revoked by generic strategy means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the ballad will. Specific legacy €” A bequest of strategy a particular, individualized chattel, differentiated from all other articles of the same or similar nature. It must be taken by to Win the legatee as and where he finds it. Testamentary capacity €” Absent evidence to generic model the contrary, testamentary capacity will be presumed where the testator, in fair is foul executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to take from T's estate.
Each will be in opposition to anyone or anything that would prevent him from taking from T's estate. Step One €” X, Y, Z, B, and A vs. anyone or thing (including each other, T, the state, or the estate) that stands between him and taking from generic model, T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the will or codicil upon fair is foul, which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in my wills toolbox will come into play. However, it would be inefficient and confusing to try to sort them out at this point. Generic! Better to focus on one conflict at a time in which of the following authors part of the romanticism the writing phase. Model! Possibly there will be overlap of premises/discussion.] Step Three €” [Having declined to set forth the premises of the various parties in Step Two, I may as well go straight to the response.
My impression is that once the ballad berets controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Z would seem to generic model make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the The Will a War Essays testator's property, shall be deemed to have revoked the strategy model prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of making.
The properly executed 1999 codicil republished the which part movement 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. There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by means of physical destruction , such destruction must be accomplished with the strategy model intent and for which of the following authors part 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. Strategy Model! Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from ballad of the green berets, all other articles of the same or similar nature) is not in generic existence or not in the possession of the testator when he dies.
When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to kenneth clark be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses.
By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Strategy Model! Such surviving issue will take the gates of fire 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 generic strategy having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in which authors part of the american romanticism probate without his assistance. A properly executed will implies at model, 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 1994 will per stirpes, even were he one of only ballad green meaning two witnesses to the will. The rationale for not allowing a witness necessary to probate to take under the will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to model take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will.
However, it could also be contended that that was then, and now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in fair is foul some way, perhaps with a red star. I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to the son, S, per stirpes . S's having witnessed the generic strategy model 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 ballad of the Professor Comments) [The example that follows is an actual exam and strategy model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by their professors. Richard ordered the audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted.
His response received the to Win highest grade, one of only two A+ grades. His accompanying remarks are reprinted in generic model the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. . The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is fair is foul a series of paragraphs, each beginning with relevant law and strategy model presenting balanced lawyerlike analysis. . What is psychology 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 model wanted and how to proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at the end, and perform Step One. A LEEWS grad has also read many such introductory instructions, and of the part of the romanticism therefore will skim through quickly to note what, if anything, is new and/or unusual.
Note that the generic average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by merely introducing an issue statement before each paragraph, and clark a conclusion statement at the end. Strategy Model! LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6]
Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43] Total - 100 points.
Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and Essay about Palgo v Gowans: Security above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. Generic Strategy Model! You are responsible for following them to the letter and will be assessed a point penalty or given a failing grade for failure to follow instructions. Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. About Palgo Security! 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 strategy instructor immediately. It is american romanticism movement 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 generic strategy model answer sheet, blank paper and an appropriate writing instrument. You may not, of fair is foul course, confer with or receive assistance from any other person. Your answers for Part I should be written on the paper provided. Be sure to generic strategy model identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to about Palgo v Gowans: Security Part I, number your pages consecutively, write your identification number on generic, each page, and staple all of the pages together in The Will to Win a War the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number.
3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on generic model, the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Do not staple the answer sheet for Part II to anything. Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and Essay about Palgo Holdings 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 model, the top of the first page and return the booklet in gates of fire order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to the Federal Rules of Civil Procedure; 2. all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by strategy the Supreme Court up to the date of its decision in International Shoe; 3. all states have also enacted the following statutes:
X.C.A. § 1-1-111: A court may exercise personal jurisdiction over a person (including an individual, his executor, administrator, or other personal representative, or a corporation, partnership, or any other legal or commercial entity) who acts directly or by an agent, as to a claim for relief arising from the person€™s. (a) transacting any business within this State; (b) causing tortious injury by an act or omission in this State; (c) causing tortious injury in this State by an act or omission outside this State if the person regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; (d) owning, using or possessing any property situated in this State; (e) contracting to insure any person, property, or risk located within this State at the time of contracting. X.C.A. § 2-2-222: In any suit brought in the courts of this State, service of to Win a War process may be achieved by generic strategy 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 fair is foul business, wherever located. The problems in Part I are worth a total of generic model 45 points. They are not of equal weight. A. You are now an associate attorney in a law firm. Respond fully to the following memorandum from fair is foul, one of generic your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Green! 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 strategy Swabia where most of their customers are from. Of The Green Meaning! Sometimes people from the nearby States of Prussia and generic model Bavaria bring repair jobs to the shop in which authors american movement Swabia. Generic! Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from home.
In July, 2003, a vice-president of First Commercial Industrial Bank of Prussia [€śFirst Commercial€ť] attended a lecture on furniture repair that Isolde gave in Prussia. He decided that Tristan and Isolde had a promising business and that the which following authors was not romanticism bank would do well to procure their business. After receiving a letter at generic strategy, their shop offering the which following was not part romanticism movement bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the strategy paperwork at gates of fire, their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of generic Prussia.
First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and validity would be governed by the law of Prussia and that it was to be repaid in two years. Due to financial difficulties, Tristan and Isolde made only psychology two payments on the loan. Generic! When First Commercial threatened to ballad sue them, Tristan settled the bank€™s claim against him for $50,000. Generic Strategy Model! First Commercial then sued Isolde in the United States District Court for Prussia to collect the unpaid principal and interest. First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to her at the shop in Swabia. On May 15, 2005, after Isolde failed to respond to the complaint and summons, the court entered a default judgment against her for $100,000. On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for the District of Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia.
First Commercial also procured a writ of garnishment from the federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of kenneth her customers there. [Question/instruction] We represent Isolde. Please submit a memo to me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and generic strategy explain fully why you have rejected them. B. The next day, you receive the following memorandum from the ballad green meaning same partner. Generic Strategy! Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Fair Is Foul! Isolde. Date: Dec. Generic! 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 her hospital bed with a another copy of the summons and which of the following authors was not part of the complaint for the same lawsuit. Given that she was served while in the state, it now seems to me that the generic strategy judgment of the clark federal district court in Prussia against Isolde is unquestionably valid and is enforceable in both Swabia and Bavaria. Strategy! Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in kenneth the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the strategy model statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.
Our only to Win suggestion is that underlining or boldfacing key words in strategy the preamble of law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in fair is foul the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. Generic Model! The federal courts are courts of limited jurisdiction; they can only hear certain types of claims as outlined in Article III of the US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to gates of fire hear this case based on the diversity of citizenship of the parties. First Commercial is strategy model a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the kenneth suit was brought as early as November 2003 or as late as April 2005.
Consequently, Isolde must have been living in Swabia for more than one month, but not the two or three years that some students stated.] She can argue that she is still domiciled in Prussia, where she lived her whole life up to June of 2003, because she only moved to Swabia temporarily, to see €śif she would enjoy€ť life on her own. If Isolde is found to be a domiciliary of Prussia, then there is not diversity of generic strategy model citizenship and thus no subject matter jurisdiction. However, if Isolde is found to gates of fire have relocated to Swabia with the intent of staying for the indefinite future, then the model parties are diverse. The federal diversity statute also requires the amount in controversy to exceed $75,000. The $100,000 judgment against Isolde satisfies this requirement. Meaning! N.B. [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the strategy United States.
Subject-matter jurisdiction is fair is foul never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. Generic Strategy! However, it is more likely than not that the court will find that Isolde did move to Essay Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction. In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in generic the enforcing court. About Security! [We would have preferred a discussion at model, this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis.
The reason Isolde can raise personal jurisdiction on collateral attack is because she did not appear at all in the original action. Since she did not appear, there is a War no reason to strategy model discuss Rule 12.] First, Isolde will argue that there are no traditional bases for Holdings Security establishing jurisdiction over her in Prussia. N.B. Model! The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach.
Because it is necessary that she be domiciled in fair is foul Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is strategy not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in part of the answer and a choice of law provision in another part of the same answer. To Win! Another specifically stated that it was a forum selection clause and not a choice of law provision. Strategy! Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of a serious lack of fair is foul preparation.
Failure to devote sufficient time to study of the assigned materials frequently manifests itself in model a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to clark 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 generic strategy model enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the loan documents to the Bank€™s main office in Prussia. Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the kenneth clark psychology signing of the contract, which causes an in generic model state result, the execution of the contract. [It is probably not necessary to about Palgo Holdings v Gowans: stretch the construction of the statute as the court did in generic model Gray to hold that it confers jurisdiction, given the facts of this problem.
The statute covers transacting business in the forum state €śdirectly or by an agent.€ť Like McShara in Burger King, Tristan was acting on behalf of the gates of fire partnership (thus as an agent) in delivering the papers to strategy model the bank. The facts specifically state that Isolde, along with Tristan, signed the following part american romanticism papers and that he immediately took them to generic the bank. You should never, as many of you did, overlook the statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of life, liberty or property without due process of law. The U.S.
Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in International Shoe: jurisdiction is fair is foul constitutional only if the cause of action arises from the strategy defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and gates of fire substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of strategy model words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is Essays sufficient to provide a statutory basis of generic strategy model jurisdiction over part romanticism movement, Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in the answer that the constitutional hurdle becomes important only if the generic strategy model court first accepts the argument that the statute confers jurisdiction, a perfect answer would have explained that relationship more fully.] Isolde will argue no, because the fair is foul contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to strategy model 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 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. Essay About V Gowans:! (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the generic strategy alternative, [In addition?] can Isolde raise any of the which authors was not american romanticism movement fairness factors, defining €śfair play and substantial justice,€ť articulated in the US Supreme Court€™s Burger King decision? In weighing the relative burden on Isolde compared to the interest of generic strategy model First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures.
The interest of the forum state in adjudicating the dispute would be well served because of the about 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 enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of generic strategy personal jurisdiction. [Many of you neglected altogether most of the Essay Palgo issues about validity of the generic strategy Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of process in of the green berets the enforcement proceedings in Swabia and Bavaria. Such discussions reflect a lack of knowledge of our classwork on Assignment 27, a failure to read the generic strategy model Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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essay on japan A Case Study of Tokugawa Japan through Art: Views of a Society in Transformation. Tokugawa Japan: An Introductory Essay. by Marcia Yonemoto, University of Colorado at Boulder. Sir George Sansom’s history of Japan was first published in model, 1932 and used in U.S. college classrooms into authors was not of the american romanticism movement, the 1980s. In it, he described the strategy model, Tokugawa period (1603-1868) as an era of oppressive “feudal” rule. In this view, hierarchical divisions between samurai, peasant, artisan, and merchant were strictly maintained.
Sansom described a system in which swaggering samurai used their swords to cut down commoners. Miserable peasants barely eked out gates of fire, a living, and urban merchants were scorned as unethical profiteers. According to generic strategy model, Sansom, change was loathed. The government kept the rest of the fair is foul, world out, denying “themselves all the gifts which the West then had to offer.” This move, said Sansom, “arrested the cultural development of Japan” (Sansom 1932, 455, 457). Scholars today largely dismiss this view. Yet it remains pervasive. Strategy. Films and manga comics glorify samurai bravado. Fair Is Foul. But they ignore much else about the period. Thus, even the well-informed often are surprised when they read more recent histories of the period.
Such newer works describe the political system as a rational “integral bureaucracy.” This system was “not merely a samurai institution.” Rather, it depended on strategy model non-elite “commercial agents and activities” (Totman 1981, p. 133). Newer histories call the era “a time of extraordinary social growth and berets meaning, change. In terms of population and production, urbanization and commercialization, and societal sophistication and elaboration, the century was one of unparalleled development.” What should readers make of these discrepancies? What do teachers and generic strategy model, students really need to know about the Tokugawa period?
This brief essay addresses these questions by (1) sketching the outline of Tokugawa history, touching on politics, economics, society, and culture; (2) introducing some historical debates regarding the Tokugawa period; and (3) giving references for fair is foul, further reading on important topics. The Tokugawa Political Settlement. The first Tokugawa shogun was Tokugawa Ieyasu (1542-1616). He came of generic strategy model age in an era of violence and conflict. During the Warring States period (c.1467-1590), centralized political authoritythe imperial court and the military government (shogunate, or bakufu )had lost its effectiveness. Practical political power had passed into the hands of approximately 200 local warlords, or daimy#333; . The daimy#333; controlled their own territories. These territories were called domains.
By the end of the period, some daimy#333; had become extremely powerful. Each commanded large swaths of to Win a War Essays territory and tens of generic model thousands of warriors. One such leader was Oda Nobunaga (1534-82). Nobunaga was a daimy#333; from the province of Owari in central Honshu. Gates Of Fire. Using strategic alliances and strategy, brutal military tactics, Nobunaga brought about one-third of the country under his control. When he was assassinated in 1582, his most able general, Toyotomi Hideyoshi (1536-98), took his place. Hideyoshi was a brilliant military and political tactician.
His talent and ambition had allowed him to rise from a humble peasant background. Building on Nobunaga’s achievements, Hideyoshi brought all of ballad of the green berets meaning Japan under his control by about 1590. Two problems marked Hideyoshi’s later years. One was his growing belief that his power was unlimited. This megalomania was reflected in unsuccessful attempts to invade Korea and China. The second problem was his difficulty in generic strategy, producing an heir. At his death in 1597, he had only one infant son. He entrusted his son’s fate to five trusted allies. Each swore to protect the heir and help ensure the Toyotomi clan’s future. Among these allies was Tokugawa Ieyasu.
Ieyasu controlled significant territory in northeastern Honshu. Ieyasu’s castle headquarters was located in the city of Edo (now Tokyo). Hideyoshi had been dead scarcely three years when Ieyasu turned on his former lord. In 1600, his forces defeated the Toyotomi. In 1603, Ieyasu established a new shogunate in his family’s name. He went to war once again in 1615 to completely wipe out the Toyotomi and their allies. From then on, the Holdings, Tokugawa maintained political authority for 253 years without resorting to military combat. The primary political goal of generic strategy model Tokugawa Ieyasu and his heirshis son, Hidetada (1578-1632) and grandson, Iemitsu (1604-1651)was to cut off the roots of potential dissent and rebellion.
In the late 1630s, Tokugawa Iemitsu expelled Portuguese and Spanish Catholic missionaries and traders. The Will To Win A War Essays. This decision was motivated more by the political threat posed by converts, especially daimy#333; converts, than by dislike of Christian doctrine or the foreign presence in Japan. The early shoguns were wary of other daimy#333; . Many of these daimy#333; were recent allies who were not totally committed to Tokugawa rule. The Tokugawa shoguns built on the ideas and generic, tactics of Nobunaga and Hideyoshi. They developed a form of political rule that was authoritarian but not dictatorial. This can be seen in the way the early shoguns distributed land to their daimy#333; allies. The Will Essays. The Tokugawa kept only about a quarter of the land available for redistribution for themselves. Of the strategy model, remaining lands, the shogunate allocated about 10 percent to blood relations (known as the which following authors was not part american romanticism, collateral, or shinpan daimy#333; houses).
Another 26 percent went to longtime loyal allies, the generic strategy model, fudai daimy#333; . The remaining 38 percent went to the most recent, less stable allies. These allies were the “outside,” or tozama daimy#333; . The early Tokugawa shoguns’ use of land distribution to both win the allegiance and kenneth, encourage the dependence of daimy#333; illustrates the blend of resourcefulness, pragmatism, and foresight characteristic of Tokugawa political rule. In its policies, the shogunate was careful to balance demands on daimy#333; with privileges granted to them. For example, the shogunate never directly taxed the daimy#333; . Instead, it exercised indirect levies such as requiring daimy#333; to supply labor and strategy model, raw materials for the construction and gates of fire, maintenance of castles, roads, post stations, and the like. The shogunate also forced all daimy#333; to commute between their home domains and the shogunal capital of Edo, a time- and resource-consuming practice. The shogunate exercised authority by compelling the wives and children of all daimy#333; to reside permanently in Edo. Generic Strategy. There, they were under the shogun’s watchful eye. Daimy#333; were also required to secure shogunal approval before marrying. At the same time, daimy#333; were for the most part free to govern their domains as they saw fit. They issued their own law codes and administered justice. Some printed and circulated their own currency.
The shogunate intervened only if requested to do so. In these ways, the Tokugawa governing system balanced authority and autonomy. Economic Growth and Social Change. Studying the Tokugawa era reveals many seeming contradictions. Of these, perhaps none is more striking than the contrast between the Tokugawa rulers’ vision of the ideal economic system and the reality of economic growth and change. Holdings. With a few notable exceptions, the shogunate and daimy#333; viewed the economy in simple agronomist terms. In this view, the peasant’s role was to produce basic foodstuffs.
Peasants were to give a good portion of their products in tax to support the ruling classes. Artisans used their skills to generic strategy model, craft necessary non-food items. The Will To Win A War. Finally, goods that could not be acquired through any other means could be purchased from generic model, merchants. About V Gowans: Security. Merchants were deemed the necessary evil of the strategy model, economic system. In fact, however, the early Tokugawa period (until about the mid-eighteenth century) saw rapid and sustained economic growth. This growth occurred first in the agricultural sector. But growth also occurred through merchant-driven trade and psychology, market activity. The concentration of population in model, cities served as a major impetus for growth and change. About Security. Yet many Tokugawa authorities clung to their old notions of generic strategy model a static, agrarian-based economy.
The samurai class, who were forbidden from engaging in profitable trade or farming, were disadvantaged by Tokugawa policies and gates of fire, attitudes toward the economy. The ruling class was prevented from taking advantage of economic growth. At the same time, substantial benefits went to merchants and generic strategy, even to market-savvy peasants. Economic growth thus contributed to the inversion of the status hierarchy enshrined in the “four class system.” An increasingly wealthy, educated, and powerful commoner population was created. Meanwhile, samurai, especially those of low rank, steadily became economically weaker. Growth in Agricultural Production and Population. Fair Is Foul. During the strategy, Warring States period, agricultural production grew. Production increased by about 70 percent overall between 1450 and 1600. Growth continued into the early Tokugawa period. Tokugawa policies that promoted land reclamation and land clearance supported increased production.
In addition, the disarming of peasants and ballad of the berets meaning, local religious communities that came with the “Tokugawa peace” put more people back on the land. Generic Strategy. The net result was a 140 percent increase in land under cultivation between the years 1600 and 1720. Peasants not only farmed more land, they also increased the intensity with which they worked it. Which Following Authors Was Not Part Romanticism Movement. Through careful monitoring and the spread of information about cropping patterns, fertilizers, and the like, Japanese peasants in the Tokugawa period continued to increase their land’s productivity. The overall growth in agricultural productivity caused a rise in the general well-being of the people. This trend can be seen in the significant rise in population during the generic strategy, seventeenth century. Although scholars argue over exact figures, Japan’s total population around the year 1600 was most likely 12 to 18 million. The population at the time of the first reliable national census taken by the shogunate in 1720 was around 31 million.
These data indicate that the population more than doubled in a little over 100 years. A War. For a number of reasons, including family planning and generic strategy, voluntary limitation of family size among the peasantry, population growth leveled off in the eighteenth century. Japan’s population grew at a negligible rate between the early eighteenth and late nineteenth centuries. The economy, however, continued to grow, leading to an economic surplus. Gates Of Fire. That surplus was a key factor in Japan’s rapid industrialization in strategy model, the late nineteenth and early twentieth centuries. Growth in Markets and Trade. Increased agricultural production and population growth provided the base for subsequent growth in trade. Increases in trade were also enabled by gates of fire, such developments as the creation of reliable and effective transportation networks. The road system in particular was expanded and generic, improved under Tokugawa rule. Shipping networks on sea routes were also expanded, especially those linking the major commercial centers in western and eastern Japan.
Along with growth in trade came growth in the use of money. Tokugawa Ieyasu and his immediate successors worked to systematize the minting and use of coinage and to standardize currency. In turn, this greatly facilitated domestic trade. These factors comprised the building blocks for a well-developed local and clark psychology, national economy. Generic Model. Regional and domainal capitals were linked by good roads. Smaller market towns and settlements grew along these roads.
Local areas developed specialty goods and products. Gates Of Fire. These goods were shipped to and through Japan’s growing cities in an increasingly integrated national economy. Growth of strategy model Cities. During the Warring States period, local lords began to gather their warriors around them in headquarters centered on fortified castles. This tendency was formalized by Hideyoshi and Tokugawa Ieyasu, who demanded that their retainers live in the capital cities rather than in their domains. As a result, so-called castle towns ( j#333;kamachi ) sprung up in which of the was not part romanticism, the late sixteenth and early seventeenth centuries.
Some 90 new towns appeared between 1572 and 1590 alone. The number continued to grow in subsequent decades. The emergence of castle towns and later of cities had a significant economic impact. Generic. Building cities required assembling, equipping, feeding, housing, and supervising huge numbers of Essays laborers and technical specialists. It also required importing vast amounts of resources: soil, stone, lumber, thatch, kilns for baking roof tiles, charcoal, and the like. From the late sixteenth century on, these labor forces came to model, number in the tens of thousands. As a result, as castle towns grew, laborers and service personnel settled in and around towns. Samurai settled near the castles of their lords.
The commoners who served the samurai moved into Essay about Palgo Security, adjacent areas. Over time castle towns evolved into urban areas. Development of the city of Edo is a prime example of the generic strategy model, urbanization process. When Ieyasu made it his capital in 1590, Edo was a swampy backwater of a few hundred residents. Out of this unpromising location, Ieyasu built a magnificent shogunal capital.
Laborers cut down forests, leveled hills to fill in wetlands, rerouted rivers, and dredged creeks and canals. They built bridges and walls, erected shrines and temples, and constructed buildings. Among the buildings erected were opulent daimy#333; mansions and the magnificent castle of the shogun. Warehouses, storefronts, and common dwellings were also built. By 1600, Edo was a town of some 5000 dwellings. By 1610, it was reportedly a clean, well-organized city of of the authors part of the american about 150,000 people.
As samurai retainers of the shogun and of daimy#333; flooded into the city in the early seventeenth century, the population zoomed upward. By 1657, Edo had about 500,000 residents. By 1720, it was the world’s largest city outside of China, with a population of about 1.4 million. Half a million of these residents were samurai. Edo was the shogunal capital, so its population was exceptionally large.
But smaller, regional castle towns also grew significantly. Kanazawa, headquarters of an extensive domain on the Japan Sea coast, was a town of 5,000 in 1580. It grew to 120,000 in 1710. Nagoya, a small town in strategy, the early seventeenth century, had become a regional center of 64,000 residents by 1692. Ballad Of The Meaning. Osaka, always a major city, grew from 200,000 people in 1610 to 360,000 by 1700. It hit a peak of half a million by generic, the late eighteenth century.
Growth was good for the economy in general. It affected different classes differently, however. In particular, merchants benefited from the increase in Essay about Palgo v Gowans:, trade, markets, and urbanization. Samurai suffered from those same phenomena. Generic Model. Why did the samurai lose out? First, samurai were paid in fixed stipends, disbursed in rice. These stipends were based on gates of fire an individual’s rank and office and did not increase at a pace equal to the rise in generic model, prices. Second, with the growth of the market and monetization of the which of the was not part of the american movement, economy, samurai had to generic, trade their rice stipends for cash. This process was controlled by merchants in Edo and Osaka.
It put samurai at the mercy of both the unstable market price for rice and the greed of merchant moneychangers. Finally, samurai were forbidden by law from of the authors was not part of the movement, engaging in farming or commerce, which might have afforded them some economic relief. Generic. All of these factors made it almost impossible for samurai to benefit from the growth occurring in the economy. As samurai became increasingly impoverished, they began to borrow on future stipends to meet present needs. Thus they put themselves in debt to merchant lenders. Having samurai at their mercy not only earned the merchants a measure of profit, it also gave them significant symbolic leverage over their samurai superiors. For the samurai, being indebted to lowly merchants was extremely galling. Many low-ranking samurai whose stipends gave them barely enough to get by Palgo Holdings Security, felt they had to scrimp and save while merchants prospered.
Matters were made worse by the fact that samurai had to keep up appearances. Protocol deemed that they dress properly, live in good style, and engage in the social activities (which involved expensive gift-giving) that were required of them, but were increasingly beyond their economic means. Tokugawa authorities were aware of the problems facing samurai. They repeatedly tried to shore up the political and moral order by generic model, elaborating on the unique role of samurai as moral exemplars and scholar/administrators. By definition, commoners could not fulfill those roles. Through the Ky#333;h#333; Reforms of the early eighteenth century and the Kansei Reforms at the turn of the nineteenth century, the green berets, shogunate enacted measures aimed at generic model, stabilizing and strengthening the economic and political status of the samurai.
But the authorities’ reassertion of proper political order could not change reality. Neither shogun nor daimy#333; could offer much practical help to ballad of the green berets, financially strapped samurai. More broad-minded thinkers such as the philosopher Ogy#363; Sorai (1666-1728) proposed radical reforms. One such reform was returning the generic model, samurai to the land so they could farm. Clark. Another was overhauling the office and model, rank system so that lower-ranking “men of ballad of the berets meaning talent” could rise to generic model, positions of power. Of The Part Of The American Movement. These men often languished in idleness while less deserving sons of high-ranking families inherited their fathers’ positions.
In the end, economic growth in the Tokugawa period favored commoners over the elite. The Emergence of Commoner Culture. While they were not shy about commenting wryly on the state of society, urban commoners were not political activists. Generic Strategy. Peasant protests did break out in the eighteenth century, largely due to authorities’ failure to provide relief during times of crop failure and food shortage. But the new urban bourgeoisie did not attempt to of the following part american romanticism movement, overthrow the generic strategy, warrior government. Rather, urban commoners tended to turn away from the troublesome world of politics. They used their newfound wealth to gates of fire, fashion a new style of life and generic, art.
While the new style borrowed aspects of elite “high” culture, it was in many ways utterly new to the early modern urban scene. By the fair is foul, Genroku period (1688-1703), one could see in Edo and other cities a flourishing merchant class that was developing a cultural style all its own. Merchants flaunted their wealth, building enormous houses and dressing in model, finery that exceeded that of samurai. The shogunate was not at all happy about this. Gates Of Fire. It repeatedly issued laws forbidding merchants to wear fine silk clothes and generic model, restricting the construction of large and showy homes in following authors romanticism, merchant quarters. However, such laws were difficult to enforce. Various sources show repeated examples of merchants’ conspicuous consumption. By the mid-eighteenth century, popular representations abounded of the poor samurai pawning the clothes and swords off his back for a little extra cash.
Then a merchant redeemed them and paraded around the city in the purchased finery. Such sights enraged samurai. Yet they had to suppress their anger and keep up the façade of generic model reserve and prosperity appropriate to their status. Which Authors Of The Movement. As a popular saying of the time went, “if a samurai is generic model, starving, he uses a toothpick all the same.” Despite their economic plight (or perhaps to The Will a War Essays, gain relief from the misery of it), samurai frequented the entertainment areas originally created by generic strategy model, and for merchants. These areas consisted of theaters, teahouses and restaurants, brothels, and street entertainersfortune-tellers, jugglers, and story-tellers. Brothels were a new feature in the cultural life of cities. Prostitution had a long history in Japan. Not until the which was not of the american movement, Tokugawa period did the generic strategy, government seek to control it through licensing and Security, surveillance.
Legal brothel activity was confined by the government to certain geographic areas in most of Japan’s cities. Generic Strategy Model. These areas were referred to as the licensed quarters. Of course, there was also much illegal prostitution in cities. The shogunate could scarcely control it, much less eradicate it. The high-ranking courtesans ( y#363jo ) of the Yoshiwara were not common prostitutes. Apprenticed as young girls, they trained intensively in various arts, most notably music, dance, and singing. They were ranked according to fair is foul, their level of training and experience, much like the geisha that still exist today. The most famous courtesans were respected as artists and professionals. They were also made famous through their depiction in generic, plays, fiction, and the visual arts.
Indeed, many became movie-star-like trendsetters. Men wanting to meet with a high-ranking courtesan had to go through an which following authors part american movement, elaborate and expensive process of courting her before he could even lay eyes on her. Technically, the pleasure quarters were enclaves for commoners. Strategy Model. Samurai were banned on the grounds that they were supposed to be upright, moral, and gates of fire, frugal characters with no time for crass indulgences. In spite of the warnings to stay away, samurai were frequent clients in the pleasure quarters. They attempted to disguise their identities by removing their swords and hiding their faces behind large straw hats. The themes of honor and sacrifice inherent in generic model, such highly dramatic stories made commoners feel their culture had something in common with that of the elites. Fair Is Foul. Yet there is strategy, a distinct commoner twist to these ideas.
This twist both honors and degrades the great samurai tradition of self-sacrifice. Fair Is Foul. Actual incidents of love suicide seem to have proliferated in model, the late 1600s, perhaps becoming even more common in the 1700s. They became a cultural fad encouraged by the romanticization of the act on stage. In 1722, the shogunate forbade the treatment of shinj#363 on stage, seeing it as an offense against proper family order. The phenomenon of love suicideboth actual and stagedbrings to the fore the issue of cultural fads and their spread: How, exactly, did ideas circulate? Literacy, Education, and the “Library of Public Information” Assessing popular literacy before the advent of modern universal education is difficult.
Historians use many techniques to estimate the nature and level of literacy in pre- and early-modern societies. Still, their findings are often tentative. Among the most common techniques is analyzing signatures on official documents (wills, marriage records, etc.) as a measure of people’s ability to write. Other techniques include studying educational infrastructures and determining school attendance rates. Historians also look at data on cultural phenomena such as publishing and circulation of books and other printed matter. In Tokugawa Japan, as in many parts of the early modern world, literacy varied widely.
Variations occurred by class and occupation, by geographic region, and, to some extent, by gender. The ruling elites, Buddhist and Shinto clergy, and commoner intellectuals on the fringes of the ballad meaning, elite (Confucian scholars, doctors, and minor officials) tended to strategy model, be quite learned. They possessed considerable knowledge of Japanese and Sino-Japanese (or kanbun , the style of fair is foul writing derived from generic strategy, classical Chinese, which was used in formal discourse). They also knew the classical works of both the Japanese and Chinese literary and philosophical traditions. By the end of the seventeenth century, literacy and learning were beginning to spread more widely. Rural village headmen and well-to-do urban townsmen and women were becoming literate and, as time went on, impressively learned. These people became the fair is foul, primary consumers of popular literature and of the arts. The infrastructure for generic strategy model, popular education developed considerably in the Tokugawa period. Gates Of Fire. Learning moved out of the religious establishments and private academies and into much more accessible venues. In these venues, commoner children were able to generic, gain basic functional literacy and often much more. The demand for ballad, books was thus extremely high.
Publishers in the major cities churned out texts of all sorts. While Buddhist and Confucian texts remained the generic model, mainstays of highbrow publishing, many more publishers produced for the general reading audience. Gates Of Fire. Illustrated fiction and poetry were popular. So were nonfiction manuals, primers, encyclopedias, travel guides, almanacs, and maps. Strategy Model. As printed materials circulated among ever-greater numbers of readers, they conditioned in people certain patterns of thought and ultimately of fair is foul behavior. As one scholar has put it, there emerged in model, Tokugawa Japan a broad-based and widely read “library of public information,” which produced commonly held forms of social knowledge (Berry 2006, 13, 17). When faced with the question of precisely what percentages of green berets what sorts of people were literate, historians do not give a precise answer. The data simply is not conclusive. The best we can do is point to figures that may serve as broad indicators of the dimensions of literacy. Strategy Model. Among samurai, who made up 6 to of the authors part romanticism movement, 7 percent of the population, literacy was almost universal and generally of a very high level. The degree of learning varied, however, according to rank, office, and wealth.
There are accounts of illiterate samurai, especially later in the Tokugawa period. These cases occurred among the lowest, most impoverished ranks. Though it is unclear how prevalent samurai illiteracy was, it was probably rare. It was certainly the source of great shame for the unlettered individual and his family. High literacy is generic model, common in an elite ruling class. As we have noted, however, commoners in the Tokugawa period practiced considerable self-governance.
The Tokugawa state was very bureaucratic. Its officials, samurai and commoner alike, were required to keep detailed records. They also had to write a great deal of correspondence. Fair Is Foul. Official duties thus demanded high levels of literacy not only among samurai, but also among the upper strata of urban and generic strategy model, rural commoner populations who held such responsible positions as city ward official or village headman. Recent research indicates that, by the end of the seventeenth century, the rural elitenumbering some 200-300,000 out of a total population of around 30 million, or less than 0.1 percent of the populationpossessed “extraordinarily high literacy and numeracy” in order to kenneth psychology, fulfill their many administrative duties (Rubinger 2007, 30). Below the rural elite were the strategy, landowning farmers. Their numbers varied over fair is foul time and by region.
They probably comprised about 50 percent of the overall farming population. The farming population constituted about 90 percent of the total population. Most landowning farmersagain, roughly half of the generic strategy model, totallikely possessed “high functional literacy.” They could read and understand tax accounts computed by village officials. They could file grievances and petitions to authorities when necessary. Literacy among urban commoners, who were fewer in which of the, number than their rural counterparts, was almost certainly higher. Educational opportunities were more accessible and educational texts more available to urban-dwellers. Literacy among urban commoner women in particular probably far outstripped that of rural women. Literacy and education were by no means monopolized by the elite in Tokugawa Japan. Common knowledge and common culture spread widely among the common people. This widening of the knowledge base greatly facilitated the subsequent development of the generic strategy, modern industrial nation-state. The Discontented and the End of an Era.
In other times and places, learning among the common people has been a recipe for dissent. Eventually, learning among commoners has led to the overthrow of aristocratic governments. This was not true in Tokugawa Japan. Unrest did occur. Peasant protest in particular was widespread and sometimes intense in the late eighteenth and ballad of the, early nineteenth centuries.
Ultimately, however, those responsible for overthrow of the Tokugawa regime were members of the ruling class itself: the samurai. This kind of “aristocratic revolution” is unusual in world history. Samurai grievances were compounded by the events of the early decades of the generic, nineteenth century. Bad crop harvests in the 1830s resulted in widespread famine, disease, and kenneth clark, death. The problems were especially acute in the poor northeastern part of the country. Model. When officials failed to provide adequate relief, peasant protests skyrocketed in number and severity. At the same time, Japanese leaders watched nervously as the great Qing empire in China was decimated by the British in the first Opium Wars of 1839-1842. China was thereafter “carved up like a melon” by the other Western powers.
The Japanese had already fended off advances by the Russians in the 1790s and gates of fire, early 1800s and by the British in the 1820s. By the 1840s, it seemed likely that the Americans would try their hand at “opening” Japan. In 1853, a U.S. naval delegation led by Commodore Matthew C. Perry arrived with demands from U.S. President Millard Fillmore. Generic. Fillmore demanded that Japan agree to trade and diplomatic relations with the United States. The shogun was given a half-year to consider Perry’s request. Observers, especially powerful daimy#333; , saw that the shogunate had no new ideas about how to handle the foreign threat, much less the domestic problems wracking the country.
In the end, shogunal officials agreed, in spite of the of the following part of the romanticism, emperor’s disapproval, to sign trade and diplomatic treaties with the United States. As in China, the terms gave great advantages to strategy model, the Western powers. Japan was relegated to semi-colonial status. For pro-imperial, anti-shogunal forces, the foreign crises, in Essay v Gowans: Security, particular the signing of the generic, treaty with the United States, were the last straw. Plans to overthrow the Tokugawa regime began in earnest in authors part, the 1860s.
Radical samurai staged direct attacks on foreigners in Japan, resulting in several international incidents. Generic Model. The most serious of these incidents sparked the bombardment of gates of fire domains in Satsuma and Ch#333;sh#363 by Western naval forces. Finally, in January 1868, combined military forces of the domains of Satsuma and Ch#333;sh#363 marched into generic, Kyoto, took control of the imperial palace, and proclaimed the restoration of the emperor and the abolition of the Tokugawa shogunate. Court nobles and daimy#333; would form a new government in place of the old. Gates Of Fire. Although its exact structure was unclear in early 1868, the restoration was a clear denunciation of strategy Tokugawa rule. The Will To Win. The last shogun, Tokugawa Yoshinobu (or Keiki), retreated to Edo. He held out for generic, another few months before officially resigning in to Win Essays, April 1868. Remnants of pro-shogunal forces staged a resistance until later that year. They were ultimately defeated.
Although the Tokugawa regime ended in 1868, it bequeathed a deep and rich political, economic, and cultural legacy to strategy, modern Japan. One cannot properly understand Japan’s modern history without understanding its Tokugawa past. Indeed, the story of how Japan became modern begins not in 1868, but in 1603. Berry, Mary Elizabeth, Japan in The Will Essays, Print: Information and Nation in generic model, the Early Modern Period (Berkeley: University of California Press, 2006). Rubinger, Richard, Popular Literacy in Early Modern Japan (Honolulu: University of Hawai’i Press, 2007). Sansom, G.B., Japan: A Short Cultural History (New York: Century, 1932). Totman, Conrad, Japan Before Perry: A Short History (Berkeley: University of to Win a War California Press, 1981). The Tokugawa Political Settlement. For a biography of Oda Nobunaga, see Jeroen Lamers, Japonius Tyrannus: The Japanese Warlord Oda Nobunaga Reconsidered (Leiden: Hotei Publishing, 2001). For a biography of generic Hideyoshi, see Mary Elizabeth Berry, Hideyoshi (Cambridge, MA: Harvard University Press, 1982).
For a useful and visually rich (hundreds of illustrations, graphs and maps) survey of the of the green, founding and development of the city of Edo, see Akira Naito, Edo, the City That Became Tokyo: An Illustrated History (New York: Kodansha International, 2003). For more on generic Christianity in early modern Japan, see Jurgis Elisonas, The Cambridge History of Japan , Vol. 4: Early Modern Japan (Cambridge: Cambridge University Press, 1988); for a study of international relations and diplomacy in the Tokugawa period that refutes the idea that Tokugawa Japan was a “closed country,” see Ronald P. Toby, State and Diplomacy in Early Modern Japan: Asia in gates of fire, the Development of the strategy, Tokugawa Bakufu (Princeton: Princeton University Press, 1984). Historians have characterized the type of government practiced in the Tokugawa period in various ways: “an integrated yet decentralized state structure,” the “compound state,” and Edwin O. Reischauer’s celebrated oxymoron “centralized feudalism” are only a few of the often awkward terms devised to Essay v Gowans:, describe the essential Tokugawa balance of authority and autonomy. “Integrated yet decentralized state structure” comes from Eiko Ikegami, The Taming of the Samurai: Honorific Individualism and the Making of Early Modern Japan (Cambridge, MA: Harvard University Press, 1995), pp. 164-176. Ikegami also uses the term “neo-feudal” in a comparative context. “The compound state” is used by Mark Ravina, following Mizubayashi Takeshi, in “State-building and Political Economy in Early-modern Japan,” Journal of Asian Studies , Vol. 54, No. 4 (November 1995), pp. 997-1022. Generic. “Centralized feudalism” appears in Edwin O. Reischauer, “Japanese Feudalism,” in Rushton Coulborn, ed., Feudalism in History (Princeton: Princeton University Press, 1956).
Economic Growth and Social Change. When speaking in Essay about Holdings v Gowans:, aggregate demographic or economic terms, it is important to note that growth and decline, whether in strategy, terms of of the population or economy, varied considerably in terms of geographic region. In general, the most economically advanced and prosperous areas of the country were the Kinai Plain, the area of generic central-western Honshu surrounding the cities of Kyoto and Osaka; northern Ky#363;sh#363;; and, by the mid-Tokugawa period, the Kant#333; Plain area around the city of Edo. By contrast, the most economically backward and poor areas of Japan tended to be found in the northeast, in what is today called the T#333;hoku region and in the Tokugawa period was comprised of the large province of Dewa and Mutsu. The Emergence of Commoner Culture. For a partial translation of Saikaku’s Life of a Sensuous Man , see Haruo Shirane, ed., Early Modern Japanese Literature: An Anthology, 1600-1900 (New York: Columbia University Press, 2003), pp. 45-57. A full translation of Chikamatsu’s Love Suicides at gates of fire, Amijima can be found in generic strategy model, Donald Keene, Four Major Plays of Chikamatsu (New York: Columbia University Press, 1988). Literacy, Education, and the Library of gates of fire Public Information.
In his recent study of popular literacy in early modern Japan, Richard Rubinger argues that “the Japanese data demonstrate that in certain circumstances geography may be a more influential variable with respect to literacy attainment than gender.” See Richard Rubinger, Popular Literacy in Early Modern Japan (Honolulu: University of Hawai’i Press, 2007), p. 7. For an absorbing account of a ne’er-do-well samurai in the early 19th century who claimed to have overcome illiteracy in order to write his autobiography of sorts, see Katsu K#333;kichi, Musui’s Story: The Autobiography of a Tokugawa Samurai , translated by strategy, Teruko Craig (Tucson: University of Arizona Press, 1988). The definition of 90 percent of a War Japan’s population as farmers is based on the estimate that by strategy model, 1700, roughly 10 percent of of the green berets meaning Japan’s population lived in cities with populations over 10,000; half of that 10 percent lived in cities with populations over generic strategy 100,000. By comparison, only 2 percent of Europeans lived in of the following authors part of the, cities of over 100,000. Strategy Model. This made Tokugawa Japan one of the most urban countries in the world at the time. Figures on Palgo v Gowans: urbanization are from Andrew Gordon, A Modern History of Japan: From Tokugawa Times to the Present (New York: Oxford University Press, 2003), p. Generic. 23. The Discontented and the End of an Era.
The term “aristocratic revolution” comes from Thomas C. Smith, “Japan’s Aristocratic Revolution,” in Native Sources of Japanese Industrialization, 1750-1920 (Berkeley: University of California Press, 1988), pp. 133-147. For more on the debate on merit, see Thomas C. Smith, “’Merit’ as Ideology in the Tokugawa Period,” in Native Sources of Japanese Industrialization , op. cit., p. 169. Copyright 2010 Program for Teaching East Asia, University of Colorado. Permission is given to reproduce this essay for classroom use only.
Other reproduction is prohibited without written permission from the Program for Teaching East Asia.
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essay on idealism an essay by Bertrand Russell. The word 'idealism' is used by different philosophers in somewhat different senses. We shall understand by it the doctrine that whatever exists, or at any rate whatever can be known to generic strategy model, exist, must be in some sense mental. This doctrine, which is gates of fire very widely held among philosophers, has several forms, and is advocated on several different grounds. Generic Strategy? The doctrine is so widely held, and so interesting in itself, that even the briefest survey of philosophy must give some account of it. Those who are unaccustomed to philosophical speculation may be inclined to fair is foul, dismiss such a doctrine as obviously absurd.
There is no doubt that common sense regards tables and chairs and the sun and moon and material objects generally as something radically different from minds and the contents of minds, and strategy, as having an gates of fire existence which might continue if minds ceased. We think of matter as having existed long before there were any minds, and model, it is hard to think of it as a mere product of green mental activity. But whether true or false, idealism is not to be dismissed as obviously absurd. We have seen that, even if physical objects do have an independent existence, they must differ very widely from sense-data, and generic model, can only have a correspondence with sense-data, in the same sort of way in which a catalogue has a correspondence with the things catalogued. Hence common sense leaves us completely in the dark as to the true intrinsic nature of physical objects, and gates of fire, if there were good reason to regard them as mental, we could not legitimately reject this opinion merely because it strikes us as strange.
The truth about physical objects must be strange. It may be unattainable, but if any philosopher believes that he has attained it, the fact that what he offers as the truth is strange ought not to be made a ground of model objection to his opinion. The grounds on which idealism is advocated are generally grounds derived from the theory of knowledge, that is to say, from a discussion of the fair is foul conditions which things must satisfy in order that we may be able to know them. The first serious attempt to generic, establish idealism on such grounds was that of Bishop Berkeley. He proved first, by arguments which were largely valid, that our sense-data cannot be supposed to about v Gowans: Security, have an existence independent of us, but must be, in part at least, 'in' the mind, in generic the sense that their existence would not continue if there were no seeing or hearing or touching or smelling or tasting. So far, his contention was almost certainly valid, even if some of his arguments were not so. But he went on to argue that sense-data were the only things of whose existence our perceptions could assure us; and that to be known is to be 'in' a mind, and therefore to be mental. Hence he concluded that nothing can ever be known except what is in some mind, and that whatever is kenneth known without being in generic strategy my mind must be in some other mind. In order to understand his argument, it is necessary to gates of fire, understand his use of the word 'idea'.
He gives the name 'idea' to anything which is immediately known, as, for example, sense-data are known. Thus a particular colour which we see is an idea; so is strategy a voice which we hear, and so on. But the term is not wholly confined to sense-data. There will also be things remembered or imagined, for with such things also we have immediate acquaintance at the moment of remembering or imagining. All such immediate data he calls 'ideas'.
He then proceeds to consider common objects, such as a tree, for instance. He shows that all we know immediately when we 'perceive' the tree consists of ideas in his sense of the word, and he argues that there is not the slightest ground for supposing that there is anything real about the tree except what is perceived. Its being, he says, consists in The Will Essays being perceived: in strategy model the Latin of the schoolmen its 'esse' is 'percipi'. He fully admits that the tree must continue to exist even when we shut our eyes or when no human being is near it. But this continued existence, he says, is due to the fact that God continues to perceive it; the 'real' tree, which corresponds to what we called the physical object, consists of ideas in the mind of ballad of the berets meaning God, ideas more or less like those we have when we see the tree, but differing in the fact that they are permanent in God's mind so long as the tree continues to strategy model, exist. All our perceptions, according to him, consist in Essay Holdings v Gowans: a partial participation in God's perceptions, and generic strategy, it is because of this participation that different people see more or less the same tree. Ballad Of The Berets Meaning? Thus apart from minds and their ideas there is nothing in model the world, nor is it possible that anything else should ever be known, since whatever is Essay Palgo Holdings Security known is generic strategy necessarily an idea. There are in this argument a good many fallacies which have been important in the history of philosophy, and which it will be as well to bring to light. In the first place, there is a confusion engendered by the use of the word 'idea'.
We think of an idea as essentially something in somebody's mind, and thus when we are told that a tree consists entirely of ideas, it is natural to suppose that, if so, the tree must be entirely in minds. But the notion of being 'in' the mind is ambiguous. We speak of bearing a person in mind, not meaning that the person is in our minds, but that a thought of him is in about Holdings Security our minds. When a man says that some business he had to arrange went clean out of generic model his mind, he does not mean to imply that the business itself was ever in his mind, but only that a thought of the gates of fire business was formerly in his mind, but afterwards ceased to be in his mind. And so when Berkeley says that the tree must be in our minds if we can know it, all that he really has a right to say is that a thought of the tree must be in our minds. To argue that the tree itself must be in our minds is like arguing that a person whom we bear in mind is himself in our minds. This confusion may seem too gross to have been really committed by generic, any competent philosopher, but various attendant circumstances rendered it possible. In order to see how it was possible, we must go more deeply into the question as to the nature of ideas. Before taking up the general question of the nature of ideas, we must disentangle two entirely separate questions which arise concerning sense-data and physical objects.
We saw that, for various reasons of to Win detail, Berkeley was right in strategy model treating the gates of fire sense-data which constitute our perception of the tree as more or less subjective, in the sense that they depend upon us as much as upon model the tree, and would not exist if the tree were not being perceived. But this is an entirely different point from the about Holdings v Gowans: Security one by which Berkeley seeks to generic, prove that whatever can be immediately known must be in of the meaning a mind. For this purpose arguments of detail as to the dependence of sense-data upon us are useless. It is generic strategy necessary to prove, generally, that by Essay about Palgo Holdings v Gowans:, being known, things are shown to be mental. Generic Strategy Model? This is what Berkeley believes himself to have done. It is this question, and not our previous question as to the difference between sense-data and the physical object, that must now concern us. Taking the word 'idea' in Berkeley's sense, there are two quite distinct things to be considered whenever an idea is gates of fire before the mind. There is on the one hand the generic thing of which we are aware#151;say the colour of my table#151;and on the other hand the actual awareness itself, the mental act of apprehending the thing. The mental act is undoubtedly mental, but is of the authors was not part american romanticism there any reason to suppose that the thing apprehended is in any sense mental? Our previous arguments concerning the colour did not prove it to be mental; they only proved that its existence depends upon the relation of our sense organs to the physical object#151;in our case, the table.
That is to say, they proved that a certain colour will exist, in a certain light, if a normal eye is placed at a certain point relatively to the table. They did not prove that the generic strategy colour is in the mind of the percipient. Berkeley's view, that obviously the colour must be in the mind, seems to gates of fire, depend for its plausibility upon confusing the thing apprehended with the act of apprehension. Either of model these might be called an 'idea'; probably either would have been called an idea by Berkeley. The act is undoubtedly in the mind; hence, when we are thinking of the act, we readily assent to the view that ideas must be in the mind. Then, forgetting that this was only true when ideas were taken as acts of apprehension, we transfer the proposition that 'ideas are in the mind' to ideas in the other sense, i.e. to of the following was not part movement, the things apprehended by our acts of apprehension. Thus, by an unconscious equivocation, we arrive at generic strategy model, the conclusion that whatever we can apprehend must be in our minds. This seems to be the true analysis of Berkeley's argument, and the ultimate fallacy upon which it rests. This question of the which of the following authors was not american distinction between act and object in our apprehending of things is vitally important, since our whole power of generic strategy model acquiring knowledge is bound up with it.
The faculty of being acquainted with things other than itself is the main characteristic of of the berets meaning a mind. Acquaintance with objects essentially consists in a relation between the mind and something other than the mind; it is this that constitutes the mind's power of knowing things. If we say that the generic strategy model things known must be in ballad of the green berets meaning the mind, we are either unduly limiting the mind's power of knowing, or we are uttering a mere tautology. We are uttering a mere tautology if we mean by strategy, 'in the mind' the to Win a War same as by 'before the mind', i.e. if we mean merely being apprehended by generic strategy, the mind. But if we mean this, we shall have to admit that what, in this sense, is in Palgo Holdings v Gowans: the mind, may nevertheless be not mental.
Thus when we realize the strategy model nature of knowledge, Berkeley's argument is seen to be wrong in substance as well as in form, and his grounds for which of the following part of the american romanticism movement supposing that 'ideas'#151;i.e. the model objects apprehended#151;must be mental, are found to have no validity whatever. Hence his grounds in favour of fair is foul idealism may be dismissed. It remains to see whether there are any other grounds. It is often said, as though it were a self-evident truism, that we cannot know that anything exists which we do not know. It is inferred that whatever can in any way be relevant to our experience must be at least capable of being known by us; whence it follows that if matter were essentially something with which we could not become acquainted, matter would be something which we could not know to exist, and generic, which could have for us no importance whatever. It is generally also implied, for reasons which remain obscure, that what can have no importance for us cannot be real, and that therefore matter, if it is not composed of minds or of mental ideas, is impossible and a mere chimaera. To go into this argument fully at our present stage would be impossible, since it raises points requiring a considerable preliminary discussion; but certain reasons for rejecting the argument may be noticed at to Win a War Essays, once. To begin at the end: there is no reason why what cannot have any practical importance for us should not be real. It is true that, if theoretical importance is included, everything real is of some importance to generic, us, since, as persons desirous of kenneth clark knowing the strategy truth about the universe, we have some interest in everything that the universe contains.
But if this sort of interest is included, it is a War Essays not the generic case that matter has no importance for us, provided it exists even if we cannot know that it exists. We can, obviously, suspect that it may exist, and wonder whether it does; hence it is connected with our desire for knowledge, and following authors part american romanticism, has the importance of strategy model either satisfying or thwarting this desire. Again, it is by no means a truism, and is in fact false, that we cannot know that anything exists which we do not know. The word 'know' is here used in two different senses. (1) In its first use it is which of the authors of the applicable to the sort of knowledge which is generic model opposed to error, the gates of fire sense in generic model which what we know is true, the sense which applies to our beliefs and convictions, i.e. to what are called judgements. In this sense of the word we know that something is the case. This sort of knowledge may be described as knowledge of truths. Fair Is Foul? (2) In the second use of the word 'know' above, the word applies to our knowledge of generic strategy model things, which we may call acquaintance. This is the sense in which we know sense-data. (The distinction involved is roughly that between savoir and connaître in French, or between wissen and kennen in German.) Thus the statement which seemed like a truism becomes, when re-stated, the gates of fire following: 'We can never truly judge that something with which we are not acquainted exists.' This is by generic strategy model, no means a truism, but on the contrary a palpable falsehood. I have not the honour to be acquainted with the Emperor of clark psychology China, but I truly judge that he exists. It may be said, of course, that I judge this because of other people's acquaintance with him. This, however, would be an irrelevant retort, since, if the principle were true, I could not know that any one else is generic model acquainted with him.
But further: there is no reason why I should not know of the existence of which following authors part american movement something with which nobody is acquainted. This point is important, and demands elucidation. If I am acquainted with a thing which exists, my acquaintance gives me the knowledge that it exists. But it is not true that, conversely, whenever I can know that a thing of a certain sort exists, I or some one else must be acquainted with the thing. What happens, in cases where I have true judgement without acquaintance, is that the thing is known to me by description, and that, in virtue of some general principle, the existence of a thing answering to model, this description can be inferred from the fair is foul existence of something with which I am acquainted. In order to understand this point fully, it will be well first to deal with the difference between knowledge by strategy model, acquaintance and knowledge by description, and then to consider what knowledge of general principles, if any, has the same kind of certainty as our knowledge of the existence of our own experiences.
Idealism is kenneth clark psychology reprinted from The Problems of Philosophy . Bertrand Russell. Generic Strategy? New York: Henry Holt and Company, 1912.