...Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court...
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...Introduction Regardless of the legal specialty, location, or practice size, there is one truism that rings throughout the legal community: lawyers write. What students learn in the Legal Writing and Analysis, Appellate Advocacy, and other courses that fulfill the upper-level writing requirement is essential to becoming an effective advocate. As in many law schools' writing courses, students learn the basics for formulating, writing, and defending a legal argument — research, jurisdiction, use of authority, standards of review, and effective methods for completing written legal analysis. II. Distinguishing Features. Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations to authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing. Legal writing values precedent, as distinct from authority. Precedent means the way things have been done before. For example, a lawyer who must prepare a contract and who has prepared a similar contract before will often re-use, with limited changes, the old contract for the new occasion. Or a lawyer who has filed a successful motion to dismiss a lawsuit may use the same or a very similar form of motion again in another case, and so on. Many lawyers use and re-use written documents in this way and call these re-usable documents templates or, less commonly, forms. Legal writing extensively uses technical...
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... Assistant Dean, j.kidner@utoronto.ca, 416-978-6702 Kim Snell, Work Placement & Career f cultural diversity within the legal profession. The support and experiences will be achieved through mandatory classes and exercises; individual career advising; the opportunity to apply for either a three-month internship or an Independent Education Plan (IEP); and various mentorship opportunities. The internship and other experiential opportunities of the ITLP are not an alternative to articling that may be required by the LSUC or other provincial licensing bodies of some students. B. PROGRAM FRAMEWORK Part I: Program Terms Term I – Summer (May-August 2014): Orientation activities (mandatory), introducing students to the law school/university, the city of Toronto/province of Ontario, and the legal profession; Language and Communication Assessment; instruction in Legal Research and Writing; Career Development Skills; Foundations of Canadian Law; and Canadian Criminal Law. NCA Exams to be held and administered by the NCA in August 2014: Foundations of Canadian Law August 19 and Canadian Criminal Law August 22. Terms II and III – Fall (August-October 2014 and October 2014-January 2015): Instruction in Legal Part II: Comprehensive Program Courses There will be specific graded evaluations and assignments in the Legal Research and Writing and Legal Technology courses. Ungraded assignments will be required in Career Development Skills. A practice exam will be scheduled mid-way...
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...The primary purpose of my research paper is to present a cross-section of the current conversations taking place around the way memoirs affect the writers who publish them. Based on my research, it appears that the effects tend to involve emotional and psychological consequences, as well as legal troubles in some instances. The discovery of this conversation helped me to refine my research topic into the question, “Do the benefits of publishing a memoir outweigh the risks of their effects for writers?” This research explores the positive and negative effects of memoirs on their writers to determine whether or not the risks are worth the rewards. Although writing a memoir can result in lawsuits and family discord, it more often proves to be therapeutic and can be the starting point of a nonfiction writer's career. What if I told you that memoirs are incredibly important to our society, because they document the human experience in such an honest way? Although they are valuable, they can also be risky. One key issue is that a memoir’s admissions risk causing major drama for writers, including legal trouble. In addition, they can be a catalyst for burning bridges with former employees. They can also potentially destroy long-term personal relationships. In this paper, I work to discover if it is worth all the drama to tell the truth, the whole truth, and nothing but the truth. As I began my research, I initially uncovered several negative aspects of writing a memoir. One such risk...
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...FUNDAMENTALS OF BIE: What constitutes renewable energy and its importance? * Renewable energy which is any energy source which is naturally and constantly replenished. * 1- Protect our environment and public health 2- Energy for our generation. 3- Increase economic development 4- Conserve our natural resources for future generations. Definitions and characteristics of various alternative energy sources and storage mechanisms: * Biomass is the common name for organic materials used as renewable energy sources such as; wood, crops, and waste. In order to produce energy from Biomass, the organic matter must be burnt in some way. * Solar energy is the energy received by the earth from the sun. This energy is in the form of solar radiation, which makes the production of solar electricity possible. * Direct heating, which means converting concentrated sunlight into heat, usually to boil water, This has actually been patentedand commercialized since the late 1800’s, even for Small-scale home use. * Photovoltaic cells, which convert sunlight into voltage. These have been continually perfected over the last100 years as well and are becoming more efficient and cost-effective all the time. * Geothermal energy is power generated from natural steam, hot water, hot rocks, or lava in the Earth's crust. At approximately 10’ underground, temperature is a very constant 55°F warmer than ambient in the winter and cooler...
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...Introduction to Law Series Part 1 - Law (What is Law?) In its broadest sense, means any rule of action or norm of conduct, applicable to all kinds of action and to all objects of creation. In a strict legal sense, law is a rule of conduct, just and obligatory, promulgated by legitimate authority, of common observance and benefit. (Sanchez Roman) Law is: 1.) A rule of conduct; 2.) Just; 3.) Obligatory; 4.) Promulgated by legitimate authority; 5.) Of common observance; and 6.) Of common benefit. <><><> Things to Ponder Why and how, law is a rule of conduct? Why and how, law is just? Why and how, law is obligatory? Why and how, law is promulgated by legitimate authority? What is promulgation? Why promulgate law? Who is legitimate authority? Why and how, law is of common observance? Why and how, law is of common benefit? ============================ Introduction to Law Series Part 2.1 - Evolution of the Concept of Law A.) Classical Greek Concept of Law ============================ Side Notes: - Literature is the reflection of reality. -Greek civilization is two things, politics and drama. -Greek drama is two things, tragedy and comedy -Alexander the Great's teacher is Aristotle. -Aristotle's school is the Lyceum. -Aristotle's teacher is Plato. -Plato's school is the Academy. -Plato's teacher is Socrates. -Socrates' teachers are the Sophists. -One of the sophists is Sophocles. -Sophocles is an ancient Greek tragedian (tragedy...
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...Introduction to Law Series Part 1 - Law (What is Law?) In its broadest sense, means any rule of action or norm of conduct, applicable to all kinds of action and to all objects of creation. In a strict legal sense, law is a rule of conduct, just and obligatory, promulgated by legitimate authority, of common observance and benefit. (Sanchez Roman) Law is: 1.) A rule of conduct; 2.) Just; 3.) Obligatory; 4.) Promulgated by legitimate authority; 5.) Of common observance; and 6.) Of common benefit. <><><> Things to Ponder Why and how, law is a rule of conduct? Why and how, law is just? Why and how, law is obligatory? Why and how, law is promulgated by legitimate authority? What is promulgation? Why promulgate law? Who is legitimate authority? Why and how, law is of common observance? Why and how, law is of common benefit? ============================ Introduction to Law Series Part 2.1 - Evolution of the Concept of Law A.) Classical Greek Concept of Law ============================ Side Notes: - Literature is the reflection of reality. -Greek civilization is two things, politics and drama. -Greek drama is two things, tragedy and comedy -Alexander the Great's teacher is Aristotle. -Aristotle's school is the Lyceum. -Aristotle's teacher is Plato. -Plato's school is the Academy. -Plato's teacher is Socrates. -Socrates' teachers are the Sophists. -One of the sophists is Sophocles. -Sophocles is an ancient Greek tragedian (tragedy...
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...Hours: Online every day, seven days a week (Sunday through Saturday). Please always feel free to email me with any questions. I will also designate an hour each week when I will be available on Blackboard IM to answer your questions. COURSE DESCRIPTION This course examines the treatment of legal themes in literature, music, film and other visual arts as part of a broader consideration of the relationship between the humanities and the law. Students will explore the ways that the humanities utilize different perspectives and aesthetic styles in the discussion of such legal themes as morality, justice, equality and authority. COURSE GOALS At the conclusion of the course, students will be able to: Articulate the contribution made by law and the humanities as a field of study. Articulate the ways that imaginative portrayals of law often convey concerns about the process and practice of law with greater persuasive force than factual texts. Identify recurring themes that are investigated in law and the humanities, such as the difference between legal and moral codes, the role of custom in establishing legal norms, the role of punishment, the imperfect functioning of the legal process, unfairness in the criminal justice system, bias against minorities and the poor. Understand the relevance of “artistic” and philosophic considerations of justice in the context of contemporary issues. REQUIRED RESOURCES The course readings will be available through various resources...
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...Importance of Writing Skills as a Paralegal Tanya Buckmaster May 27, 2014 CM107-10 College Composition I Professor Gregg A paralegal is a professional that has obtained the required education and experience to Perform legal work under the supervision of an attorney. In order for paralegal students to strive in their chosen field, they must learn and demonstrate exceptional writing skills. Writing well will not only help you strive as a paralegal in the law office, it can also imp- rove your communication skills. So much of the communication in a law office is through writing. With excellent writing skills you have the ability to advance to a higher position, such as Paralegal Director. Good writing skills can save you and the law firm time and money. Writ- ing well will improve your own self-image and will gain you respect from the attorneys you work for. Writing is one of the primary parts of your job; it is communicating. A successful paralegal doesn’t begin a writing process without answering the who the writing is aimed towards and what the writing is focused on. As a paralegal, you must be able to separate the important information from the unimportant information. The purpose of writing a report, memo, or a brief is to make something happen. The clearer your writing is, the more likely you are to attain the results you are aiming for. When writing, write as if you were talking face to face with your reader...
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...2. Assignment: The assignment will be a task requiring the students to either critically analyse a fact based legal problem or it will be a research paper looking at a legal issue or principle in the Corporations Law area. Students will be expected to correctly identify the relevant legal issues; discuss the law that applies to these issues and correctly apply the relevant legal principles. Students are expected to demonstrate effective research and written communication skills. What does researching the topic mean? Researching the topic requires you to find the information relevant to the question or topic you are required to research and answer. An important starting point is to LOOK at YOUR Prescribed TEXTBOOK to see what it contains on the topic or question. Then go to the library and internet to locate texts, articles and other information on that topic. You are expected to read a sufficient number texts and journal articles to research the topic thoroughly and gathering the necessary information on the topic. As you read try to gain a real understanding of the topic rather than just copy down slabs of the material. You need to be selective in your reading, only taking notes on the material relevant to the topic. Do not hesitate to ask library staff to help you locate texts and journal articles. When you commence work on the assignment (research essay) topic, the first step is to break it down into manageable parts. You need to understand exactly what the...
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...Introduction Purpose of Writing a Paper or Thesis Thesis Procedure Selecting a Topic An Outline Research and Analysis of the Topic Structure and Format Quotations, Paraphrasing, Plagiarism and Fraud Footnotes, References and the Bibliography Minimum Requirements and Grading 1 2 2 3 4 5 7 7 9 11 15 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the authors. 1 2. Introduction Writing skills are of eminent importance for a lawyer. That is why some courses require you to write a paper and the LL.M. Programme requires you to write a thesis at the end of your studies. There are strict requirements regarding the contents and the procedure. The following guidelines will provide you with information for successful completion. If you would like more guidance during the writing of your thesis, then you are advised to consult the following websites: http://www.learnerassociates.net/dissthes/ (structure and format) http://owl.english.purdue.edu/ (language) http://writingcenters.org/index.php (overview writing centres) The paper/thesis must be in English. This means for most of you, since English is not your native language, that you will encounter difficulties in the conversion of domestic law expressions in English. In order to assist you with translation of legal terms, refer to: ...
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...exceed word count, excluding references, 2500-3000 words footnotes, endnotes, and bibliography. You are required to provide a word count. Students who exceed this limit by more than 10% may be awarded a lower grade. The specific aim of the essay is to assess your ability to analyse current issues in banking law, through effective research and writing. In doing so you should demonstrate your skills to : integrate information and materials from a variety of different sources produce a substantially accurate synthesis of relevant doctrinal and policy issues. make a critical judgement of the merits of particular arguments. act independently and with minimal guidance in planning and undertaking tasks. undertake independent research with minimal guidance. understand and make proficient use of the English language in writing in relation to legal matters. present knowledge or a sustained argument orally and in writing in a way which is comprehensible to others. Ability to read and discuss legal materials which are written in technical and complex language. Research on this course should be carried out primarily through accessing legal journals and cases via Westlaw, LexisNexis and Heinonline*, which are available as an electronic resource through the...
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...Public Interest/Government Resume and Cover Letter Tips All of the general rules that apply to resumes and cover letters to prospective employers apply equally to public interest and government employers. Your materials should be error-free, clearly organized, easy to read, and concise. However, there are some additional qualities that public interest and government employers are specifically looking for. You need to demonstrate your commitment to the mission and work of the organization and that you have the skills for the position. Your resume and cover letter must convey your interest, enthusiasm and knowledge of the specific employer you are applying to. It is imperative that you customize your materials to show that your education, experience, and volunteer work have provided you with the skills that relate to the duties of the position. You can convey this commitment by carefully tailoring your materials to the job description. If there is no job posting, use the website to learn all that you can about the organization’s work and the clients they serve. Talk to other students who have worked or volunteered with the organization. (You can find this information by looking at the lists of where students worked in previous summers). Use this information to highlight your relevant experience and illustrate that you can “hit the ground running.” In your resume, you may want to highlight relevant coursework from law school or undergraduate...
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...PERSONAL STATEMENT I am writing to express my strong motivation to join Columbia Law School’s J.S.D. program, starting in September 2017. My experience in legal research and writing, combined with my intellectual curiosity and my commitment, convince me that I would be a successful doctoral student and that I could make a significant contribution to the intellectual life of Columbia Law School. Many law school graduates like to remember the “epiphany” they had when they realized they wanted to pursue a career in the legal realm and become a lawyer. In my case, however, I never experienced such a moment: I never actually wanted to be a lawyer. Contrary to many of my colleagues in law school, what truly fascinated me was not what the laws on...
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...Mrs. J. Arney “Owl Perdue Readings about Writing” Perdue Readings were Prewriting, Writer’s Block, Stasis Theory and Creating a Thesis, these components are necessary in creating an effective writing. It can also be challenging. As I began to express my thoughts about the readings I read about writing …. sounds really weird right?.... There was an abundance of information, which I will be utilizing in my future papers. Prewriting is the preliminary draft to the final writing. When I initially read Prewriting it was very boring. As I continued on, here comes Writer’s Block. Writer’s block has been evident. I have it right now. Many times playing music, going to a quiet place or even stretching just doesn’t work. The symptoms and cures explanation is a great resource writers’ can utilize if they experience a dead end in writing. However, it is very difficult to read about writing, then write about it…not exciting. Creating a thesis statement is very important because it gives the reader or audience an idea on what type of paper you are writing . An analytical paper is based on research and statistical data gathered, expository gives and explanation, which is what this journal is and an argumentative paper is used when trying to convince a reader about a specific topic by using material facts and sources and remaining impartial. Lastly, the most interesting part of this reading was the Stasis Theory. This component of writing capture my attention because as a child my...
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