Lessons from Law School Sample Essay #1: The Archaeologist Enthusiast. Attention-grabbing opening - The author of the essay immediately grabs the readers’ attention by placing them in the midst of the scene and vividly conveying what the author felt and saw as Feb 17, · Example Law Essays. The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study Title: Distinction Between Absolute And Strict Liability Offences Law Essay Example essay. Last modified: 5th Jan Introduction: In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea regarding the actus reus elements of the offence is disregarded, the offence in
Law Essay Examples - Free Samples on Law Essay | blogger.com
The entire grade!! in most law school courses will depend upon performance on a final exam, most if not all of which is essay in nature, sample law essay.
Open or sample law essay book, the law you need to know should be in your head. Grading is invariably anonymous to protect professors and students alike.
Unlike college and graduate school, sample law essay, class participation, acquaintance with the professor, even midsemester as opposed to midyear midterms generally have no bearing on law school grades. Ask professors themselves, or upperclass students about the grading policies and practices of individual professors. 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].
You may want to attempt a response before looking at the models. Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. 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.
Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, Sample law essay York, sample law essay.
Be a dear and bring home din-din. Not the most graceful move in the world. 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, sample law essay. Another was mailed to him. Only later sample law essay an appeal did he assert lack of personal jurisdiction as a defense.
Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. requested an admission from Doris that Coris has a sample law essay to negligent behavior. Doris ignored it. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case.
Prepare a memorandum of law respecting the issues raised in the above. Majority state law applies. Note: The law provided herein may or may not be currently accurate. Discovery scope of — Generally, all information not otherwise privileged that is relevant to the subject matter of the action is discoverable, whether or not the material would be admissible as proof.
Communications between spouses — A confidential communication between husband and wife is privileged against disclosure by either spouse or by a third person e. Sample law essay Jurisdiction — Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties.
Said jurisdiction will be had, inter alia, sample law essay, where a defendant is present in the state where an action is brought, and personally served with process. Waiver of — Where a defendant appears, answers the complaint, interposes defenses, sample law essay, and at no time during or after trial moves to dismiss based on, nor claims lack of personal jurisdiction, the defense will be deemed waived on appeal.
Requests for admission — A request for admission imposes a duty on the sample law essay 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 aliait is permissible to request that a party admit to a legal conclusion e. However, it is not proper to request an admission to an abstract statement of law e, sample law essay. Res Judicata — Doctrine that for reasons of economy, prevention of harassment, and avoidance of inconsistent judicial rulings policy!
Claim preclusion — Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent suit.
Venue — Refers to the proper place for trial of a lawsuit. Sample law essay purpose of venue rules is to prevent a plaintiff from forcing a defendant to trial where it would be burdensome for him to appear and defend policy! Unless compelling reasons exist to direct otherwise, a transitory action meaning that the transaction which is the sample law essay of the action could have happened anywhere should be tried in the county where the action arose.
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 litigation going versus termination on a procedural ground. Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on 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.
See definition of Step Two and footnote, page Step Three — [Consider each premise to note missing elements or real issues. Sample law essay is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether sample law essay is necessary to state all of the law to begin the first paragraph of analysis, or whether one or more elements can be focused on as pivotal.
Preview of a logical sequence for discussion — No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. It seems unnecessary, time wasting, sample law essay, and probably confusing to mention conflict pairings here. However, I am thinking of and guided by them, sample law essay. 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.
OFUand Jett Setter all reside in Queens County. Conclusion : The motion should be granted. Where a defendant who has not been properly served nevertheless appears in an action, answers the complaint, and interposes affirmative defenses, but never sample law essay 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 the taking of an appeal.
Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Generally, sample law essay, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof.
Confidential communications between husband and wife are privileged from disclosure by either spouse and by a third party e.
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. Conclusion : The motion sample law essay fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on the party served to acknowledge the existence of facts that are not in doubt and that should not be necessary to prove at trial.
However, inter alia, it is not proper to request an admission to an abstract statement sample law essay law e. The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial. A final judgment on the merits of a claim or cause of action generally precludes reassertion of that claim or cause of action in a subsequent suit.
Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical 50 min. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found.
The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board sample law essay directors. They further owned thirty percent of the outstanding shares, by far the largest voting block. Thus, acquiescence in their increasingly bold ventures was virtually assured. In the fall of Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture.
When she refused to accede to the demand of the Bottomline brothers that she first divulge sample law essay intentions regarding the inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative.
Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against 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 connection with the pursuit of said venture.
Meddle immediately moved to quash these actions. Ultra vires acts sample law essay 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.
Shareholder inspection rights — Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. Courts will determine whether a sample law essay is proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if 1 he has been a stockholder of record for at least six months immediately preceding the demand; or 2 he is a holder of 5 percent of any class of outstanding shares.
Indemnification — Generally, a director or officer may not be indemnified reimbursed against sample law essay judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, sample law essay, 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.
Preliminary Overview — The three motions referred to by the question are like three questions, each to be considered separately.
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. Meddle, etc. Objectives : [Somewhat sample law essay, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, sample law essay, the objectives relevant to a Step One analysis and the question are implied in the three motions. Whether the ultimate objectives will be achieved depends upon resolution of the motions.
Step Two — [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. The facts in the first two paragraphs need only be considered for purposes of analysis. Step Three — [The motions seem more or less equivalent in weight.
Given the complexity of the relevant premises noted in Step Two, the effort necessary for a Step Three analysis seems needlessly duplicative of the analysis to be performed in writing the actual response. Therefore, sample law essay, it seems advisable to skip Step Three and go to the writing phase. Preview of sample law essay logical sequence for discussion — No reason apparent for not proceeding chronologically.
Meddle M is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose. 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.
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Lessons from Law School Sample Essay #1: The Archaeologist Enthusiast. Attention-grabbing opening - The author of the essay immediately grabs the readers’ attention by placing them in the midst of the scene and vividly conveying what the author felt and saw as Essay-Samples offers to evaluate samples of various types of papers. We have gathered all of them to show you the qualification and high professional level of our writers. Home - Critical Thinking - Natural Law Free Law Essay Samples. Our aim is to help you with your essays and our huge library of research material is available for you to use for your assignments. If you do use any part of our free Law essay samples please remember to reference the work
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