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Essay on cow for children

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Business Ethics and Social Responsibility. In addition to the articles on this current page, also see the following blog that has posts related to Ethics and Social Responsibility. Scan down the blog's page to see various posts. Also see the section Recent Blog Posts in the sidebar of the blog or click on next near the bottom of a post in essay on cow for children the blog. The blog also links to numerous free related resources. Simply put, ethics involves learning what is college application, right or wrong, and then doing the essay for children, right thing -- but the right thing is not nearly as straightforward as conveyed in a great deal of ap lit business ethics literature. Most ethical dilemmas in the workplace are not simply a matter of Should Bob steal from on cow Jack? or Should Jack lie to his boss? (Many ethicists assert there's always a right thing to do based on moral principle, and what in pa essay, others believe the right thing to essay for children do depends on the situation -- ultimately it's up to the individual.) Many philosophers consider ethics to be the science of conduct. Twin Cities consultants Doug Wallace and John Pekel (of the Twin Cities-based Fulcrum Group; 651-714-9033; e-mail at explain that ethics includes the fundamental ground rules by which we live our lives. Philosophers have been discussing ethics for at thesis paper methods least 2500 years, since the time of Socrates and Plato. Essay On Cow For Children? Many ethicists consider emerging ethical beliefs to be state of the art legal matters, i.e., what becomes an ethical guideline today is often translated to a law, regulation or rule tomorrow. Values which guide how we ought to behave are considered moral values, e.g., values such as respect, honesty, fairness, responsibility, etc.

Statements around how these values are applied are sometimes called moral or ethical principles. (Extracted from Complete (Practical) Guide to Managing Ethics in the Workplace.) The concept has come to application essay mean various things to various people, but generally it's coming to know what it right or wrong in the workplace and doing what's right -- this is in essay on cow for children regard to effects of products/services and in relationships with stakeholders. Paper? Wallace and essay on cow, Pekel explain that attention to business ethics is critical during times of application fundamental change -- times much like those faced now by businesses, both nonprofit or for-profit. In times of fundamental change, values that were previously taken for on cow granted are now strongly questioned. Many of these values are no longer followed. Consequently, there is no clear moral compass to guide leaders through complex dilemmas about what is right or wrong. Attention to ethics in the workplace sensitizes leaders and writting, staff to essay for children how they should act. Rowan College Application Essay? Perhaps most important, attention to ethics in the workplaces helps ensure that when leaders and managers are struggling in times of crises and confusion, they retain a strong moral compass.

However, attention to business ethics provides numerous other benefits, as well (these benefits are listed later in essay on cow for children this document). Note that many people react that business ethics, with its continuing attention to doing the character analysis of macbeth, right thing, only asserts the obvious (be good, don't lie, etc.), and so these people don't take business ethics seriously. For many of us, these principles of the obvious can go right out the door during times of stress. Consequently, business ethics can be strong preventative medicine. Anyway, there are many other benefits of managing ethics in the workplace. These benefits are explained later in essay this document. (Extracted from Complete (Practical) Guide to Managing Ethics in the Workplace.) Managing Ethics Programs in the Workplace. Organizations can manage ethics in their workplaces by establishing an ethics management program. Brian Schrag, Executive Secretary of the Association for essay Practical and Professional Ethics, clarifies.

Typically, ethics programs convey corporate values, often using codes and policies to guide decisions and behavior, and can include extensive training and evaluating, depending on the organization. They provide guidance in ethical dilemmas. Rarely are two programs alike. All organizations have ethics programs, but most do not know that they do, wrote business ethics professor Stephen Brenner in for children the Journal of Business Ethics (1992, V11, pp. What To Write Essay? 391-399).

A corporate ethics program is essay on cow for children, made up of a college values, policies and activities which impact the propriety of organization behaviors. Bob Dunn, President and CEO of San Francisco-based Business for Social Responsibility, adds: Balancing competing values and reconciling them is a basic purpose of an ethics management program. Business people need more practical tools and information to understand their values and on cow, how to manage them. (Extracted from rowan Complete (Practical) Guide to Managing Ethics in the Workplace.) According to Wallace, A credo generally describes the highest values to for children which the company aspires to operate. What Application? It contains the `thou shalts.' A code of essay for children ethics specifies the ethical rules of operation. It's the `thou shalt nots. In the latter 1980s, The Conference Board, a leading business membership organization, found that 76% of corporations surveyed had codes of ethics. Some business ethicists disagree that codes have any value. Usually they explain that too much focus is thesis methods, put on the codes themselves, and that codes themselves are not influential in on cow for children managing ethics in the workplace.

Many ethicists note that it's the developing and continuing dialogue around the code's values that is most important. College Essay? (Extracted from Complete (Practical) Guide to Managing Ethics in the Workplace.) If your organization is quite large, e.g., includes several large programs or departments, you may want to develop an overall corporate code of ethics and on cow for children, then a separate code to guide each of writting a college your programs or departments. Codes should not be developed out of the Human Resource or Legal departments alone, as is too often done. Codes are insufficient if intended only to ensure that policies are legal. All staff must see the ethics program being driven by essay on cow for children, top management. Resolving Ethical Dilemmas and Making Ethical Decisions. Perhaps too often, business ethics is portrayed as a matter of resolving conflicts in analysis of macbeth which one option appears to on cow for children be the clear choice. For example, case studies are often presented in which an employee is faced with whether or not to lie, steal, cheat, abuse another, break terms of a contract, etc.

However, ethical dilemmas faced by managers are often more real-to-life and highly complex with no clear guidelines, whether in law or often in religion. Assessing and Cultivating Ethical Culture. Culture is ap lit, comprised of the values, norms, folkways and behaviors of an organization. Ethics is about moral values, or values regarding right and wrong. Therefore, cultural assessments can be extremely valuable when assessing the essay for children, moral values in an organization.

The ethics program is thesis methods, essentially useless unless all staff members are trained about what it is, how it works and their roles in it. The nature of the system may invite suspicion if not handled openly and honestly. In addition, no matter how fair and up-to-date is a set of policies, the legal system will often interpret employee behavior (rather than written policies) as de facto policy. On Cow? Therefore, all staff must be aware of and act in full accordance with policies and procedures (this is true, whether policies and procedures are for ethics programs or personnel management). This full accordance requires training about rowan, policies and procedures. Some Contemporary (Arguably) Ethical Issues. On Cow For Children? General Resources Regarding Managing Ethics in the Workplace. Social responsibility and business ethics are often regarding as the same concepts.

However, the social responsibility movement is but one aspect of the overall discipline of business ethics. The social responsibility movement arose particularly during the 1960s with increased public consciousness about the role of business in helping to cultivate and maintain highly ethical practices in society and what application, particularly in the natural environment. Boards and Corporate Social Responsibility. Essay For Children? General Resources Regarding Social Responsibility. There are many online resources in regard to social responsibility.

The following will help to get your started. Character Essay? To round out your knowledge of this Library topic, you may want to review some related topics, available from the link below. Each of the related topics includes free, online resources. The following books are recommended because of their highly practical nature and often because they include a wide range of information about this Library topic. To get more information about essay on cow, each book, just click on the image of the book. Also, a bubble of information might be displayed. Essay? You can click on the title of the book in that bubble to get more information, too. The following books are recommended because of their highly practical nature and often because they include a wide range of information about this Library topic. To get more information about each book, just click on the image of the essay on cow for children, book. Also, a bubble of information might be displayed. You can click on the title of the book in that bubble to get more information, too.

Social Enterprise -- Recommended Books. Free Management Library, Copyright Authenticity Consulting, LLC ® ; All rights reserved.

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The Cow Essay for Class 1 - School essay on Cow for Grade 1-4

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. Essay On Cow For Children! 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 a [practicing] lawyer. I briefed, outlined my notes, reviewed the ap lit essays, law, but still felt totally unprepared for on cow, upcoming exams. This program was exactly what I needed €” the tools to confidently tackle exams in writting a methodical way.

— Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the on cow, 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 a college, example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of on cow for children 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 essay, code in a course based on a code of rules [e.g., IRS Code in taxation, Federal Rules of Civil Procedure in civil procedure]).

Normally open book allows you to essay on cow for children bring in class notes, textbook, outlines, whatever, which tends to reassure students. However, open book is misleading, as there is typically little time to refer to aids. Open or closed book, the law you need to know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and for college students writing limits as to how much you can write or type. Essay On Cow! Grading is writing prompts students writing, invariably anonymous to protect professors and on cow students alike. Paper Methods! Unlike college and graduate school, class participation, acquaintance with the professor, even midsemester (as opposed to midyear) midterms generally have no bearing on law school grades. For Children! Ask professors themselves, or upperclass students about the character analysis of macbeth, grading policies and practices of individual professors. There follow three examples of essay hypotheticals selected from among the eight in the appendix of the LEEWS Primer. Following are models of the LEEWS approach to breaking fact patterns down into units corresponding to relevant issues [Planning Phase], as well as fully developed written responses corresponding to on cow for children our format of concise paragraphs, roughly one per issue [Writing Phase].

The law needed to college application essay 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. On Cow! Standard exam writing advice posits that you follow IRAC. I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. To Write In Pa Application! (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in essay on cow 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 paper methods, three subjects tested or no, all essay exercises are predictable in nature. A typically complex and essay confusing fact pattern is followed by question(s)/instruction(s) that in in pa application effect require you to identify or spot the legal issues that would be of essay on cow interest to a judge or lawyer. Writing Prompts For College Creative Writing! You must then resolve those issues, bringing to bear relevant law and the analytic dialectic between law and facts known as lawyerlike thinking.

Should you find yourself thinking, as you review the model responses, I don't think I can ever do that, unless you have a knack for taking such exams (possessed by only a small handful of students -- 5-7%, even at Harvard), you are probably correct. 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 on cow for children, -- for any exam in essay any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.)

Coris Becker, an on cow for children, occasional tennis player, fell while descending steps at application, the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to her husband moments later by phone: Not the most graceful move in the world, Morris. I got so mad, I smashed Mommy's new titanium Stroker. Be a dear and bring home din-din. I'm going to on cow for children be in the hot tub for hours. Writing Prompts For College Students Creative Writing! As she limped out to her Lexus, Coris ran into on cow the club owner, Jett Setter. He grinned and remarked, I saw that spill, Coris.

Not the most graceful move in the world. At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. Essay! (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for Coris' injury and the destruction of the essay on cow, tennis racquet. Thereupon followed, inter alia , the following events and motions: 1 €” OFU, Inc. and Setter moved for a change of rowan essay 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 the door of his home. Another was mailed to him. Essay On Cow For Children! [So-called nail and essay mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and on cow 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. Writing! Only later during an appeal did he assert lack of on cow for children 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 admission from Doris that Coris has a tendency to negligent behavior. Doris ignored it. 6 €” Following a directed verdict during trial dismissing her cause of action for destruction of the racquet, Doris immediately instituted a claim for thesis, damages on on cow the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to this case. Prepare a memorandum of essays on hamlet 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 relevant to on cow for children 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.g., an eavesdropper). Personal Jurisdiction €” Generally, in order to determine the rights and duties of parties to an action, and to bind the parties personally to writing prompts writing its determinations, a court must have in personam jurisdiction over essay on cow for children, said parties. Said jurisdiction will be had, inter alia, where a defendant is present in the state where an character essay, action is brought, and personally served with process. Where personal service on essay on cow for children a defendant cannot be effected through due diligence, a plaintiff is entitled to methods substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to said address (so-called nail and mail). For Children! A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of suitable age and discretion at the place of business does not satisfy the prompts students writing, requirements of 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 admission €” A request for for children, admission imposes a duty on the party served to paper acknowledge the for children, 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 what to write a legal conclusion (e.g., that an for children, employee was acting with authority, or that the party was traveling against traffic on a one-way street). However, it is analysis essay, not proper to request an admission to essay for children 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 avoidance of inconsistent judicial rulings (policy!), the relitigation of claims and issues is generally prohibited. Claim preclusion €” Doctrine whereby a final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in 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 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 subject of the action could have happened anywhere) should be tried in the county where the action arose. MODEL RESPONSE TO CIVIL PROCEDURE HYPOTHETICAL. (1/4 - 1/3 of allotted time divided into 10-15 minute intervals) Preliminary Overview €” Six distinct events/motions.

Perform Steps One, Two, and Three (The Blender) on on hamlet each is my initial perspective on how to proceed. [Always the essay for children, 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 character essay, 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 for children avoid liability on the other. Methods! 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 for children, litigation going versus termination on a procedural ground.

More immediate to the six events/motions:] 1 = Change venue to ap lit on hamlet Queens County vs. Essay On Cow For Children! keep it in application Manhattan County. 2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and essay on cow for children viable. 4 = Preclude disclosure of thesis paper methods overheard conversation vs. have it ruled discoverable. 5 = Have fact admitted vs. not admitted. 6 = Have claim heard in small claims court vs. dismissed.

[My view at this point is that each event/motion will generate no more than one or two premises, and will be relatively straightforward of analysis. Therefore, the time to be allotted each will be roughly the same. On Cow For Children! As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to application all six, from this point on I shall work on each question to essay on cow for children 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. Character Of Macbeth! See definition of Step Two and footnote, page 104.) 2 = Nail and on cow for children mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . Essay! No.4; . . . 5; . . . 6.] 3 = Rule re lack of personal jurisdiction and grounds for essay, waiver thereof overrides. 4 = Rule re discovery of ap lit on hamlet spousal communication overrides.

5 = Requests for admission, and failure to respond thereto overrides. 6 = Res judicata rules override. Step Three €” [Consider each premise to note missing elements or real issues.] [Since there appear to be but one or two premises to essay for children be considered for to write in pa application, each event/motion, and on cow for children since I am working on each exclusive of the others, Step Three is unnecessary as an thesis methods, independent exercise. It is essay for children, part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is rowan application essay, necessary to state all of the essay, 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 writing prompts writing, discussion €” No overlap of discussion apparent. No reason apparent not to proceed in the chronology given. [When question(s)/instruction(s) offer a labeling format, you of course normally use it. Essay! The professor/bar grader will likely be looking for it (Here -- 1,2,3, etc. To Write In Pa Application! It seems unnecessary, time wasting, and probably confusing to mention conflict pairings here.

However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in for children the county where the writing for college students, action arose. For Children! Transitory has been defined to mean that the transaction that is the ap lit essays, subject of the action could have occurred anywhere. For Children! Coris' fall and the destruction of the racquet could have occurred anywhere. [Concludes statement of relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. A College! (OFU), and Jett Setter all reside in Queens County. The residence in New York County of on cow for children Coris' mother, Doris, whose claim is minor, is the only apparent reason for trying the action in New York County. It is hardly compelling. Rowan College Application! [Concludes lawyerlike analysis -- application of law to essay on cow for children relevant facts.] Conclusion : The motion should be granted. Essays! [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 defendant at home or leave the summons and complaint with a person of on cow suitable age and discretion at the place of business does not satisfy the requirements of a college due diligence. Plaintiffs made no attempt to essay for children 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 character essay of macbeth due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the 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 the taking of an appeal. [Law.] Setter, as concluded above, was never properly served.

Nevertheless, he appeared, answered the complaint, defended in the action, and at no time prior to appeal claimed lack of personal jurisdiction. Arguably, raising the claim on for children appeal is after trial. Ap Lit On Hamlet! However, waived upon the taking of an appeal clearly indicates that the essay for children, time for raising the claim would be deemed tolled. What In Pa! [Analysis.] Conclusion : Setter's defense of lack of essay personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and essay is relevant to the subject matter of the on cow for children, 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.g., an eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for character essay, its truth, as well as an essay for children, 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 writting remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the essay on cow for children, 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 of writing prompts students creative law (e.g., that allowing a minor without a license to drive is negligent, per se). The statement in essay for children question seems manifestly a matter that is in some doubt, and that may be necessary to prove at ap lit essays on hamlet, trial. Moreover, in that negligence is a legal conclusion, the essay for children, 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 what to write in pa application essay that claim or cause of action in a subsequent suit. Doris' action in small claims court is grounded in the same facts (destroyed tennis racquet) and for children sets forth the same cause of action as the what to write, one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits. Conclusion : The action in small claims court would be dismissed as res judicata. Corporations Hypothetical (50 min.)

The RIP Corporation, formed in 1998 by the Bottomline brothers, Ohmy, Padthe, and Savethe, for the purpose (as duly set forth in its bylaws and articles of incorporation) of manufacturing and on cow retailing so-called landscape rape accessories for four wheel drive and other off-the-road vehicles, quickly prospered and paper methods went public. Between 1999, when 100,000 shares were first sold over on cow, the counter, and 2001 the ap lit on hamlet, total value of RIPCORP (as the essay, enterprise was affectionately known) shares, after two splits, rose tenfold to forty million dollars. Flush with their success and invincible in thesis paper their avarice, the essay for children, Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on the board of directors. A College! They further owned thirty percent of the outstanding shares, by on cow far the essays, largest voting block.

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 Southeast Asia ski resort options. Essay On Cow! In the fall of 2001 Meddle sought permission to inspect the RIPCORP minutes and other records relating to the ski resort venture. When she refused to accede to in pa application the demand of the Bottomline brothers that she first divulge her intentions regarding the inspection, the brothers issued a directive limiting access to essay 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 a college essay RIPCORP against the corporation and the Bottomline brothers personally to gain access to essay the books and college application 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. 1) RIPCORP moved to dismiss the action for, inter alia, lack of standing, failure to first make a demand on the board of directors, and failure to state a cause of action. 2) RIPCORP moved in the alternative that the court require Meddle to post $25,000 security for costs as a precondition to continued maintenance of the suit.

3) Meanwhile, the RIPCORP board passed a resolution providing for on cow, indemnification of the college application essay, directors in the event Meddle prevailed, and purchased insurance to provide for same. Meddle immediately moved to quash these actions. How should the court decide the motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the purpose or powers of the corporation, and sometimes includes acts within the for children, purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to essay the following: 1) the right of a shareholder to enjoin unauthorized corporate acts; 2) the right of the on cow for children, attorney general of the thesis, state to enjoin such activities; 3) the right of the corporation to recover damages from the on cow, 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 what to write application common law and statute, to inspect corporate books and records which are relevant to on cow for children a proper purpose. Courts will determine whether a purpose 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 analysis outstanding shares. Shareholder rights of action €” Generally, a shareholder may sue the corporation in his own name to enforce his rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the corporation.

The latter derivative action may be maintained only if 1) the plaintiff is a shareholder when the action is brought; 2) the plaintiff was a shareholder when the alleged wrong to the corporation occurred; and on cow for children 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 prompts for college students writing, demand (e.g., the on cow, board members are the essays on hamlet, defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for for children, nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to thesis post security for costs, unless 1) the plaintiff or plaintiffs hold at for children, least 5 percent of any class of application outstanding shares; or 2) the value of their shares exceeds $50,000. Indemnification €” Generally, a director or officer may not be indemnified (reimbursed) against a judgment obtained against him in a direct action by the corporation, or a derivative action on behalf of the corporation, or for on cow, amounts paid in settlement thereof. The director may, however, be indemnified against character of macbeth 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 indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the on cow, officer/director is shown.

MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to writting a college essay by the on cow for children, question are like three questions, each to be considered separately. [Note the enormous benefit here of skipping over the facts.] Step One €” Conflict pairing(s) : [A quick review of the motions in conjunction with the sentence that precedes them reveals the single conflict pairing throughout.] RIPCORP, Inc. v. Meddle, etc., or vice versa for each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of Meddle. However, the objectives relevant to a Step One analysis and the question are implied in the three motions. College! 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 essay for children, action versus keep it going;

2) $25,000 security be required to be posted, versus not; 3) board indemnification resolution and purchase of insurance be quashed, versus maintenance of same. Step Two €” [RIPCORP is movant for motions 1 and 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. In that a court may dismiss all or part of a suit, each premise must be considered in methods light of each of Meddle's objectives set forth in the preceding sentence . The facts in the first two paragraphs need only be considered for purposes of essay for children analysis.] 1) Lack of standing, failure to first make a demand on to write essay the board, and failure to state a cause of action respecting each of for children Meddle's three objectives = potentially nine discussions. but probably not. 2) [Must refer to rowan relevant portions of essay corporations toolbox.] The law [Noted in toolbox only.

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. Analysis Of Macbeth! Given the complexity of the essay, 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, it seems advisable to skip Step Three and go to the writing phase .] Preview of a logical sequence for discussion €” No reason apparent for not proceeding chronologically.

Lack of standing/failure to state a cause of thesis paper methods action. Generally, a shareholder may sue the corporation in essay for children her own name to enforce her rights as a shareholder, and/or on behalf of the corporation to procure a judgment in favor of the ap lit, corporation. Inter alia, the latter derivative action can be maintained only if the plaintiff is a shareholder when the action is essay on cow, brought and when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the ski resort venture. Generally, shareholders have a limited right, founded in common law and statute, to inspect corporate books and records which are relevant to a proper purpose.

Courts will determine whether a purpose is proper. A shareholder may examine the stock book and minutes of stockholder meetings on thesis demand if she has been a stockholder of record for at least six months immediately preceding the demand; or she is essay for children, a holder of five percent of students creative writing any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of shares. However, she has been a stockholder of record since the initial offering, over two years prior. So-called ultra vires acts €” acts beyond the purposes or powers of the corporation, and sometimes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for for children, the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought.

Failure to first make a demand on rowan application the board. Another requirement for essay on cow for children, maintaining a derivative action is that the ap lit essays, plaintiff demand that the board commence the action, or there be sufficient reasons for not making such demand (e.g., the board members are the defendants). The Bottomline brothers are named in M's suit and hold a majority of essay on cow for children seats on the board, thereby satisfying the exception. Conclusion : The motion should be denied, as all of RIPCORP's challenges lack merit. Corporations, in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, may require a shareholder plaintiff to post security for costs , unless the plaintiff or plaintiffs hold at least five percent of any class of outstanding shares, or the value of analysis their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the initial 100,000 share offering. Their value at the time of the suit would have been 1/10th of one percent of forty million dollars, or approximately $40,000. However, M has been a shareholder since the essay on cow for children, very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. [Yes, basic math may be necessary!] Conclusion : Although M falls $10,000 short of the $50,000 exception, the motion should probably be denied. Given that M's sharehold nearly satisfies the ap lit on hamlet, exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the essay on cow, corporation to impose this financial impediment. What To Write Essay! [Note the use of the policy underpinning as a basis for a counterargument.]

Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. Essay For Children! The director may, however, be indemnified against expenses of defending the prompts for college writing, action, unless, inter alia, he is adjudged to have violated his fiduciary duty of for children good faith and reasonable care in the circumstances. The corporation may purchase insurance to character analysis of macbeth indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on essay for children 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 essay behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about essay for children, whether the resolution indemnifies against ap lit essays expenses of defending against the action. Essay On Cow For Children! 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 college application essay the directors of essay their duty to exercise reasonable care, if not a violation of their duty to act in good faith. However, given that RIPCORP appears to have been engaged for some time in a pattern of essays on hamlet divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of for children such a conclusion so early in the proceedings. Nothing in the facts suggests deliberate dishonesty or unlawful gain on the part of any RIPCORP director/officer that would preclude the purchase of indemnification insurance. Conclusion : The motion should be granted as to any portion of the resolution that purports to indemnify against college judgments obtained on essay for children behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and denied with leave to renew at a later time with respect to all other portions. T properly executed a will in 1994, by the terms of which he distributed his entire estate in for college creative writing the following manner: First: I bequeath my racehorse, Swayback, to my friend, X.

Second: I bequeath $100,000 to my brother, Y. Third: I give, devise, and on cow bequeath the rest, residue, and what in pa essay remainder of my estate to my faithful companion, Z. In 1998, having fallen out with Z, T properly executed a new will with the following terms: First: I bequeath $100,000 to my brother, Y. Second: I give, devise, and bequeath the rest, residue, and for children remainder of my estate to my (new) faithful companion, B. In 1999, having reconciled with Z and spurned B, T properly executed a codicil to his 1994 will, by the terms of which he increased the legacy to college application essay Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001.

In a probate proceeding the evidence established the following: 1) Although sober when he made the codicil in 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in 1997 for $200,000. 3) Inadvertently in essay for children 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 1994 will. Discuss the rights of the various parties in terms of who takes what from T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL.

Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in methods the possession of the testator when he dies (because, for example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to a beneficiary who predeceases the testator ordinarily lapses (returns to the estate). By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. Such surviving issue will take the legacy in equal proportions per stirpes . Disposition of estate €” Shall be in accordance with a decedent's last will and on cow for children testament. Execution of a will €” A properly executed will implies at least two witnesses thereto who do not stand to take under said will. Republication €” A properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed.

This is so despite the on hamlet, fact that the will so republished may have been invalid for want of testamentary capacity at the time of on cow for children 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. Character Analysis Essay! A will may further be revoked by means of its physical destruction. Such destruction, however, must be accompanied with the intent and for the purpose of revoking the will. Specific legacy €” A bequest of essay on cow a particular, individualized chattel, differentiated from all other articles of the same or similar nature.

It must be taken by the legatee as and where he finds it. Testamentary capacity €” Absent evidence to the contrary, testamentary capacity will be presumed where the testator, in executing a will or other document, accurately recites the nature and extent of his property, and recognizes the natural objects of his bounty. Witness as beneficiary €” A witness to a will may take under that will, providing said will can be proved in probate without his assistance. MODEL RESPONSE TO WILLS HYPOTHETICAL. Preliminary Overview €” The instruction points to parties who stand to college 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 T's estate. B v. Z seems a key conflict. Step Two €” [Each claimant must establish that the for children, will or codicil upon essays on hamlet, which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. On Cow For Children! Legal precepts governing testamentary disposition set forth in ap lit essays on hamlet my wills toolbox will come into on cow play. However, it would be inefficient and confusing to try to sort them out at this point.

Better to focus on one conflict at a time in the writing phase. Possibly there will be overlap of a college 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 controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per essay for children stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of essay discussion €” Resolving which instrument controls seems the essay for children, obvious first step. Therefore, beginning with B v. Z would seem to make sense. B and Z's rights [This label conforms to the instruction. Rowan College! B v. Z might confuse. But I'm thinking B v. Z!] As a general rule, a subsequent will that is on cow, entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to what in pa have revoked the prior willby implication. The 1998 will was inconsistent with the 1994 will and made a complete disposition of T's property, thereby revoking the 1994 will and Z's legacy.

However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the on cow, will so republished may have been invalid for want of testamentary capacity at the time of making. The properly executed 1999 codicil republished the properly executed 1994 will, thereby restoring Z's legacy. The fact that T was sober when making the codicil moots any effect of T having been drunk when making the 1994 will. Rowan Application! There being no evidence to the contrary, the fact that T in executing the codicil accurately recited the nature and extent of on cow for children his property and ap lit 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 intent and for the purpose of revoking the will. The circumstance that the original copy of the essay on cow, codicil was destroyed inadvertently in 2000 is thus of no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing.

Z takes the rest, residue, and remainder of essays T's estate under the 1999 codicil that revived the 1994 will. An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is not in existence or not in the possession of the testator when he dies. On Cow! When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to be such a particular, individualized chattel. In that Swayback was sold prior to character analysis essay of macbeth T's death, the essay on cow for children, 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. Ap Lit Essays On Hamlet! By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue.

Such surviving issue will take the legacy in equal proportions per stirpes . Therefore, although Y predeceased T, Y's son, S, would take the $150,000, providing he is not disqualified by having witnessed the now republished 1994 will. A witness to a will may take under that will, providing said will can be proved in probate without his assistance. A properly executed will implies at least two witnesses thereto who do not stand to take under said will. S was one of several witnesses to essay for children the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to prove the will in rowan college probate. NB: Arguably S should be permitted to take under the essay, 1994 will per rowan college application stirpes, even were he one of only two witnesses to essay for children the will.

The rationale for not allowing a witness necessary to probate to take under the rowan college essay, will being probated is presumably the conflict of interest posed. The reliability of a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to take under the 1994 will. Essay For Children! Had there been any consideration of analysis essay 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 essay for children, not necessary. However, it demonstrates the kind of interest and methods thoughtfulness that may catch a professor's attention and on cow garner an A. Possibly it should be highlighted in some way, perhaps with a red star.

I might even decide to put it on writting a college 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 essay on cow stirpes . S's having witnessed the will under which he takes should not disqualify him, providing two others of the several witnesses to the will exist to prove it in probate. Actual Civil Procedure I Exam, Fall 2006, U. Memphis School of Law (with Model A+ Response and Professor Comments) [The example that follows is an actual exam and model response sent to a college essay us by essay for children one Richard Townley, Sr., U. Memphis class of 2009E (evening division). The exam was given jointly to two first year classes by what to write in pa application essay their professors.

Richard ordered the audio CD version of on cow LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the highest grade, one of only two A+ grades. His accompanying remarks are reprinted in the Results section. Inter alia (among other things), he said, LEEWS was absolutely essential to my success. Writing Prompts Creative! . Essay On Cow For Children! The exemplar is, in fact, *my* exam essay answer, and if I say so myself, it's a pretty good LEEWS exemplar as well. We reiterate that the LEEWS objective for every response is a series of paragraphs, each beginning with relevant law and presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in structured, step-by-step fashion, the examinee knows exactly what is wanted and how to proceed and 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 therefore will skim through quickly to note what, if anything, is new and/or unusual. Note that the average student managed less than 17 points out of a possible 45 on the essay exam versus Richard's 39 (!!). . It may be further noted that although these professors did not require a so-called IRAC format [and we commend that!), Richard's paragraphed response could easily have been conformed to a Follow IRAC instruction by writing prompts merely introducing an issue statement before each paragraph, and a conclusion statement at the end.

LEEWS posits that in general issue statements are unnecessary, as starting a paragraph with law implies the issue, and conclusions are unimportant.] Civil Procedure I -- Exam Results -- Fall, 2006 (§ 11 = Prof Banks, § 12 = Prof Entman) Essays - 45 points. Average -- § 11 [17.2]; § 12 [16.1]; both sections [16.6] Range -- § 11 [3 - 42]; § 12 [4 - 39] Multiple Choice - 55 points (35 questions) Average -- § 11 [33.70]; § 12 [35.00]; both sections [34.36] Range -- § 11 [18.86 - 50.29]; § 12 [17.29 - 53.43]

Total - 100 points. Average -- § 11 [50.90]; § 12 [51.09]; both sections [50.99] Range -- § 11 [22.86 - 92.29]; § 12 [26.29 - 83.00] Average Grade - § 11 [2.33] Both Sections [2.34] § 12 [2.34] A+: 82 and above. F : 0 - 32. INSTRUCTIONS - Read these instructions carefully. For Children! You are responsible for following them to to write in pa application essay the letter and will be assessed a point penalty or given a failing grade for essay on cow for children, 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.

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 college essay, instructor immediately. It is your responsibility to ensure that you are working with a complete examination. The exam is closed book. You may not use any material other than this examination booklet, the answer sheet, blank paper and an appropriate writing instrument.

You may not, of course, confer with or receive assistance from any other person. Your answers for Part I should be written on essay on cow the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. A.). When you have completed your answers to Part I, number your pages consecutively, write your identification number on each page, and staple all of the pages together in the upper left hand corner. 1. Answer only the question asked and do so with organization, precision, legibility, and character analysis essay proper grammar and spelling. 2. If a court rule or a statute is relevant to a problem, you may identify it by for children number, but you must discuss its substance whether or not you mention the what to write in pa application, rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on the answer sheet for Part II and mark the appropriate corresponding circles on your answer sheet to indicate your examination number. Essay For Children! Do not staple the answer sheet for Part II to on hamlet anything. Submission of Exams -- General Instructions When you have finished the essay on cow, examination, place your answers to character Part I, your answer sheet for Part II, and the exam booklet in the separately designated boxes. All examination booklets must be turned in.

You must write your identification number on this exam booklet at the top of the first page and on cow return the booklet in order that your exam answer sheet may be matched with the correct version of the character of macbeth, 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. Essay! 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 college application essay, traditional bases recognized by essay for children 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 thesis methods process may be achieved by sending a summons and a copy of the complaint by registered mail, return receipt requested, to the defendant's home address, or principal place of business, wherever located.

The problems in Part I are worth a total of 45 points. They are not of equal weight. A. You are now an for children, associate attorney in a law firm. Respond fully to the following memorandum from one of ap lit essays on hamlet your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Isolde.

Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. On Cow! Sometimes people from the nearby States of Prussia and Bavaria bring repair jobs to the shop in Swabia.

Isolde was raised in Prussia and lived there with her parents until June, 2003, when she moved into an apartment in Swabia to see if she would enjoy living away from character analysis essay 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 on cow that the bank would do well to a college essay procure their business. For Children! After receiving a letter at their shop offering the bank€™s services, Tristan and Isolde decided to borrow $150,000 from First Commercial. By telephone, they requested the bank send them the paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the loan papers at thesis paper, their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of essay on cow Prussia. Essays! First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. The loan agreement provided that its interpretation and essay on cow for children validity would be governed by the law of Prussia and that it was to be repaid in to write in pa two years. Due to financial difficulties, Tristan and Isolde made only two payments on the loan. When First Commercial threatened to essay sue them, Tristan settled the bank€™s claim against him for $50,000. 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 ap lit on hamlet registered mail, return receipt requested, to her at the shop in essay 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 college application 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 essay on cow 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 essay Bavaria. Be sure to discuss fully any possible defenses that you may have considered and rejected and explain fully why you have rejected them. B. The next day, you receive the following memorandum from the same partner. Again, respond fully. To: Associate. Re: First Commercial Industrial Bank v. Isolde. Date: Dec. 12, 2006. I have now learned that Isolde was involved in an automobile accident in Swabia a week after she was served with process by registered mail.

She was rendered unconscious for two days. An ambulance rushed her to the nearest hospital, which was located in Prussia. Three days after the accident, but while she was hospitalized in Prussia, a private process server acting on behalf of First Commercial served Isolde in essay on cow for children her hospital bed with a another copy of the summons and rowan college application complaint for the same lawsuit. Given that she was served while in on cow the state, it now seems to college essay me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in on cow both Swabia and Bavaria. Rowan! Please discuss fully whether you believe that assumption is valid and for children whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is a verbatim copy of a student€™s essay that received a top grade. Commentary by Professors Banks and Entman appears in brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to application essay precede the statement of R ule, and on cow for children the discussion ( A nalysis). Writing Creative Writing! (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in LEEWS format does this.

Our only suggestion is that underlining or boldfacing key words in the preamble of on cow law — e.g., Subject matter jurisdiction in the opening paragraph, federal diversity statute in the next — to assist the professor in recognizing the topic (issue). Subject-matter jurisdiction. The federal courts are courts of limited jurisdiction; they can only hear certain types of thesis paper methods claims as outlined in Article III of the essay, US Constitution and as authorized by Congressional Statute. Rowan! First Commercial will argue that the US District Court has subject-matter jurisdiction to hear this case based on the diversity of on cow citizenship of the parties. First Commercial is methods, a citizen of Prussia. Essay On Cow! Isolde has been living in Swabia for one month. [The facts do not give sufficient information to essay know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the time at which jurisdiction must either exist or not. At most, one can deduce that the suit was brought as early as November 2003 or as late as April 2005.

Consequently, Isolde must have been living in 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 citizenship and thus no subject matter jurisdiction. However, if Isolde is found to have relocated to Swabia with the intent of staying for the indefinite future, then the 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. 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 essay, United States. Subject-matter jurisdiction is never waived, and in this case, it has not been previously litigated, so it could be raised on collateral attack. However, it is more likely than not that the court will find that Isolde did move to Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.

In the alternative, Isolde can argue that the to write application, rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on essay on cow collateral attack in the enforcing court. Essay Of Macbeth! [We would have preferred a discussion at this point that specifically points out essay on cow for children that Isolde never even appeared in rowan essay the first action. On Cow For Children! 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 no reason to discuss Rule 12.] First, Isolde will argue that there are no traditional bases for writing prompts writing, establishing jurisdiction over her in essay on cow for children Prussia. To Write In Pa Application Essay! N.B.

The federal courts derive their personal jurisdictional reach from the state in which they are situated, so the District Court can exert personal jurisdiction over an out of state defendant only if the on cow for children, state court could do so. Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Essay! Because it is necessary that she be domiciled in Swabia to establish diversity of citizenship, First Commercial cannot argue that she be subjected to personal jurisdiction on the basis of domicile. Even though the contract included a choice-of-law provision applying the laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of students referred to this as a forum selection clause. At least one student referred to it as a forum selection clause in essay part of the answer and a choice of law provision in another part of the same answer. Another specifically stated that it was a forum selection clause and not a choice of law provision. Mistakes of this type may be attributable to sloppy reading of the facts but they are also a strong indication of writing for college writing a serious lack of for children preparation. Failure to what in pa application essay devote sufficient time to study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to on cow pay attention to our class discussions of it.] Statutory basis.

First Commercial will argue that the writing prompts for college students writing, long-arm statute conferred specific jurisdiction over Isolde on essay on cow the basis of the first of the essay, enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of on cow for children contract, arises from the defendant€™s act of entering into the loan contract, which First Commercial will argue was executed on writting essay Tristan€™s delivery of the essay on cow for children, 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. Rowan Essay! American Radiator) it might find that the statute reaches the out of state act, the signing of the contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the statute as the court did in Gray to hold that it confers jurisdiction, given the essay, facts of this problem. Rowan Essay! 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 partnership (thus as an on cow for children, agent) in delivering the papers to the bank. The facts specifically state that Isolde, along with Tristan, signed the papers and that he immediately took them to the bank.

You should never, as many of you did, overlook the what to write in pa, statement that Isolde signed the papers or speculate that she may not have read them. There is simply no basis in essay on cow 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. Ap Lit! 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. Essay On Cow For Children! Supreme Court defined the due process standard as it relates to on hamlet imposing personal jurisdiction on an out of for children state defendant in International Shoe: jurisdiction is constitutional only if the a college, cause of action arises from the defendant€™s minimum contacts with the forum, such that the assertion of jurisdiction would not offend traditional notions of fair play and substantial justice. Assuming, arguendo, [LEEWS note: We teach the proper use of words like arguendo -- because they are useful and add a lawyerly caste to the presentation.] that the long-arm statute is sufficient to provide a statutory basis of jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is implicit in essay on cow the answer that the constitutional hurdle becomes important only if the 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 contact which gives rise to the claim, the signed loan contract, was brought into the forum by the unilateral actions of what to write application essay a third party, Tristan. Therefore, Isolde did not purposefully avail herself of the essay, privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and students creative writing Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial.

Isolde knew that Tristan was taking the documents to Prussia, [run-on sentence, a sin committed by essay many students in prompts 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. On Cow For Children! (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to favor First Commercial. In the alternative, [In addition?] can Isolde raise any of the 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 First National in application essay 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 choice of law provision; Prussia has an essay, 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 paper methods, fairness factors do not point to Prussia as an unfair forum for for children, Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of personal jurisdiction.

[Many of you neglected altogether most of the issues about validity of the Prussia judgment treated in the foregoing answer, instead discussing at length personal jurisdiction, subject matter jurisdiction, and service of character analysis process in essay on cow 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 Shaffer v. Heitner opinion carefully, and a failure to study the writting a college, problems following that opinion in the casebook.]

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Lake Narotch was one of the decisive battles of the First World War. The last real effort by essay on cow the old Russian army—as distinct from the new, which emerged in summer 1916 on Brusilov’s front—was the offensive staged at Lake Narotch in March 1916. It was an affair that summed up all that was most wrong with the army. There had been talk of a spring offensive for some time—Stavka had felt that the results of Sventsiany in thesis, September 1915 justified a renewal of the offensive in this region; and the French were even told that it could well win the essay on cow, war outright. Now, the bulk of German troops had gone against France, had lost heavily at Verdun. Evert, commander of the western Front, was full of rather ill-defined pugnacity—though also, by one account, ‘gaga’ to the point of writing ‘Mariya’ for ‘Armiya’. Moreover, the French had been told, in application, December, that if one ally was attacked, the others must launch immediate offensives to save it—an argument designed to save the Russian army from the isolation of summer 1915, and now turned against essay, Russia. French appeals for help went out as soon as the German offensive began at Verdun. Alexeyev could not refuse his help.

Stavka was now prisoner of its own arguments. Alexeyev had told Zhilinski to suggest that Russia was now strong enough to attack. Ap Lit! Privately, he did not feel this at essay on cow all—there had been delays in the re-organisation, and the army, now counting 1,700,000 men at writting a college essay the front—with 1,250,000 rifles—was not yet strong enough for offensive action. Evert, too, began to essay on cow, quail at the thought of attack once he was asked to bring his pugnacity to some concrete expression—no doubt he had, in the interim, read the south-western commanders’ reports on what to write in pa application the failure of their winter offensive, where a thousand guns with a thousand rounds each, and two-fold superiority of numbers, had failed to essay, make much of a dent in the Austro-Hungarian lines. But not much could be done: an offensive would have to writting, be staged for essay on cow the benefit of the French.

On 24th February—three days after the Germans launched their attack on Verdun—there was a conference in Stavka. The Russian superiority of numbers was now considerable—on the northern front, 300,000 to 180,000; on writting a college the western, 700,000 to 360,000 (917 battalions to essay on cow for children, 382) with 526 cavalry squadrons to 144; and on the south-western front, about half a million men on either side (684 Russian battalions to 592, and 492 squadrons to 239). It was felt that the western front—Evert’s—should attack. Writing For College Creative Writing! The shell-reserve had now been built up to 1,250 rounds for the 5,000 field guns, 540 for the 585 field-howitzers, and 685 rounds each for essay for children nearly a thousand guns—a force that, if concentrated, must surely bring great results. Application Essay! It would be Evert’s duty to ensure concentration of this force. There were also, now, increasingly, rises in the number of battalions and divisions, of which there were 152 in essay, March, 163? in summer, with forty-seven cavalry divisions, later fifty. The area of attack18 was much the same as in writting essay, September 1915—east of Vilna. The two army groups, Kuropatkin’s and Evert’s, must co-operate in attacking, one to the south-west against Vilna, the other due west from the line of lakes east of Vilna.

The Russians’ superiority was a considerable one—II Army, on the line of lakes, assembled 253 battalions and 233 squadrons of cavalry, over 350,000 men, with 605 light and 282 heavy guns—982 in all if two corps in reserve are included. There were ten army corps involved, over twenty divisions. The German X Army, here, had four and a half infantry divisions, subsequently built up to seven: 75,000 men, with 300 guns, subsequently built up to 440. Essay For Children! It is, in the first place, notable enough that the Russian superiority at Lake Narotch—in men, guns, and shell (since each gun had a thousand rounds and more) was considerably greater than had been the Germans’ superiority in May 1915 at Gorlice, or even in ap lit on hamlet, July 1915 on the Narev. The difficulties came, as usual, with command and operations. In the first place, the promised co-operation of Kuropatkin’s front did not come into much effect, beyond a feeble demonstration at Dvinsk that cost 15,000 men. II Army was commanded by General Smirnov, born in 1849, ‘a soft old man with no distinction of essay, any kind’. Usually, he played patience while Evert’s chief of staff did the writting a college essay, work; Evert, himself elderly, resisted attempts to have him dismissed by reason of age; and he was removed from command only just before the attack, to be replaced by the younger Ragoza—a man altogether unfamiliar with II Army, and subsequently replaced in turn by Smirnov. The corps were drawn up in groups, each commanded by the commander of on cow for children, one of the corps involved—as usual, on principles of seniority. Writing! In this case, the groups were taken by for children Pleshkov, Sirelius, Baluyev. Of Sirelius, Alexeyev wrote, ‘It seems unlikely that he will be able to manage the bold and connected offensive action or the systematic execution of a plan that are needed.’ But attempts to remove Sirelius broke down because, it is alleged, ‘some old granny still has flutterings about the heart when his name comes up’.

The offensive was carried out at paper a time of the essay, year that could not have been less suitable if it had been chosen by college the Germans. On Cow For Children! It opened on 18th March. The winter conditions had given way to those of early spring—alternating freezes and thaws that made the roads either an ice-rink or a morass. Shell would explode to little effect against ground that was either hard as iron or churned to a morass; gas was also ineffective in the cold. Of Macbeth! Supplies presented problems that the best-trained army would have found impossible to solve: the man-handling of boxes of heavy shell through slush that was a foot deep. The Russian rear was a scene of essay, epic confusion—complicated by a college the astonishingly large masses of cavalry deployed there, to no effect whatsoever at the front. It was altogether an essay, episode that suggests commanders had lost such wits as they still possessed. Preparations had gone on essays for some time, or so Evert alleged. In practice, the Russians’ positions were sketchy—some parts of their line were protected only by essay on cow staves in the ground, and Kondratovitch, who inspected II Army’s positions, said that, when snow fell, rifle-fire became impossible. 20.Corps was sited in a marshy region, with its rear in full view of German artillery. There had been almost no preparation of dug-outs—nor, in view of the ap lit essays on hamlet, season, could there be.

But the elderly commanders, their mental digestions still coping uneasily with the on cow for children, lessons of 1915, were in no condition to think things out. The Germans received a fortnight’s warning of the offensive—it was even discussed by rowan college application the cooks in Evert’s headquarters three weeks before it began. The attack began with bombardment on 18th March, the northernmost of the essay, corps groups—Pleshkov’s—leading off. Of all bombardments in the First World War, this was—with strong competition—the most futile. It was subsequently known as ‘General Pleshkov’s son et lumiere’. A subsequent investigation of the artillery-affairs in this battle revealed that only in Baluyev’s group had there been discussion between senior artillery and infantry officers on the ground—as distinct from prompts for college creative writing, maps—as to how things should go.

Almost no reconnaissance had been conducted, so that the guns fired blind—on Pleshkov’s front, they were even told to fire blind into essay for children a wood, behind which the Germans were thought to students, be. On Sirelius’s front, the guns registered on their own infantry’s trenches, in case the Germans came to occupy them. The guns were useless against German enfilading-positions and communications-trenches, since no-one knew with any accuracy where they were; even observation-posts for the guns were, as things turned out, vulnerable to machine-gun fire. It was only on 7th March that Pleshkov’s artillery was told what to do, and the instructions were changed on 13th March, the for children, guns having to be hauled over marsh and slush to ap lit, new positions. A further peculiarity was that artillery was divided into light and essay for children heavy groups: the heavy artillery of Pleshkov’s group was mainly concentrated in the hands of Zakutovski, the light artillery mainly in the hands of ap lit essays, Prince Masalski, corps artillery commander. The two men quarrelled—Zakutovski believing that, as commander of the essay on cow for children, whole group’s artillery, he should be giving the orders, while Masalski reckoned that, being commander of artillery in the corps mainly involved (1.), he should have the ap lit essays, task.

There was almost no co-operation between the two men; and shell-delivery became difficult enough, since heavy rounds would be delivered to Masalski, light ones to Zakutovski, and not released by them—even if the morass had allowed it. On Cow! One Corps (1st Siberian) got half the prompts for college creative, shell it needed; another (1st) twice as much as it could use. Essay! This was more than a battle of competence. It reflected the poor state of what to write application, relations between infantrymen and gunners, Masalski protecting the one, and Zakutovski the other. Essay For Children! In this way, many gunners’ tasks were not carried out at all, and many duplicated. Light artillery tried to do the work of heavy, heavy of ap lit essays on hamlet, light. Pleshkov had supposed that a narrow concentration of guns—on two kilometres of his twenty-kilometre sector—would create a break-through.

His guns fired off their 200 rounds per day, commanders feeling that a weight like this—after all, equivalent to three months’ use of shell, as foreseen in 1914—could not go wrong. With four army corps on a front of twenty kilometres, against a German infantry division with one cavalry division, there ought not, in commanders’ view, to be any difficulty. By sending in essay on cow for children, waves of infantry on two kilometres, Pleshkov merely gave the German artillery a magnificent target; and when, as happened, these occupied German trenches, they would be fired on from three sides by German guns on the sides of the college application essay, salient—guns that had been registered previously on the trenches, which were found evacuated. One division attacked before the other, because of an error in telephone-messages; it even attacked, on 18th March, under its own bombardment, no doubt because liaison between Zakutovski and Masalski was so poor. A further corps assaulted the woods of Postawy, also in vain—German guns being concealed by the woods.

In all, Pleshkov’s group lost 15,000 men in the first eight hours of this offensive—three-quarters of the essay for children, infantry mustered for attack, although fifteen per ap lit essays, cent of Pleshkov’s total force. On 19th March the attacks were continued, although trenches now filled with water as rain came, with a thaw. On Cow For Children! There were minor tactical successes—600 prisoners being taken—and losses of 5,000 in a few hours, equivalent to a whole brigade. On 21st March Pleshkov tried again, and even Kuropatkin stumbled forward. Each lost 10,000. In the thesis paper, rear, confusion—brought about mainly by the presence of 233 cavalry squadrons, who monopolised supplies and essay for children transport—was of crisis proportions, the hospital-trains breaking down, troops going hungry while meat rotted in depots. Over half of all orders were countermanded. The only success of any dimensions came on Baluyev’s front, on Lake Narotch, where artillery and ap lit essays on hamlet infantry had co-operated. At dawn on 21st March Baluyev attacked along the shores of Lake Narotch, using the ice, and helped by thick fog.

His gunners sustained an on cow for children, artillery duel with the Germans, and writting a college a few square miles were taken, with some thousand prisoners. Sirelius, to the north, would not help at essay for children all, relapsing into cabbalistic utterance, and losing only one per cent of his force—through frost-bite. In the next few days, there were repeated attempts by Baluyev and Pleshkov; then the character essay, affair settled down to an artillery-duel. Later on, in for children, April, the Germans took what they had lost. In all, they had had to move three divisions to what in pa, face this attack, ostensibly, of 350,000 Russians. Not one of these came from the western front. The Russian army lost 100,000 men in this engagement—as well as 12,000 men who died of frostbite. The Germans claimed to have lifted 5,000 corpses from their wire. They themselves lost 20,000 men. Lake Narotch was, despite appearances, one of the decisive battles of the First World War.

It condemned most of the Russian army to passivity. Essay On Cow For Children! Generals supposed that, if 350,000 men and a thousand guns, with ‘mountains’ of shell to use, had failed, then the task was impossible—unless there were extraordinary quantities of shell. Alexeyev himself made this point to Zhilinski, saying that the French Army itself demanded 4,200 rounds per light gun, and character analysis 600 per heavy gun, before they would consider an offensive, and Russia had not these quantities. In practice, even Russia could have assembled such quantities on essay for children a given area of front had the generals managed their reserves properly. But they had no way of arranging sacrifices by one part of the front to the benefit of another; they did not understand the tactical problems; and, certainly, recognition of the extreme incompetence with which affairs had been combined in essays, March, 1916 remained platonic. As before, artillery and infantry blamed each other, the only positive consequence being a demand for yet more shell. The way was open to Upart’s demand for on cow for children 4,500,000 rounds per month, and also to essay, the eighteen million shells that were stock-piled, to no effect save, in the end, to essay, enable the Bolsheviks to fight the Civil War.

Now the western and northern army groups would have no stomach for attack. It was only the for college students creative writing, emergence of a general whose common-sense amounted to on cow, brilliance, and who selected a group of staff-officers who were almost a kernel of the Red Army, that gave the Russian army a great role in 1916.

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2017 Regulatory and Examination Priorities Letter. Each year, FINRA publishes its Annual Regulatory and Examination Priorities Letter to highlight issues of essay for children importance to FINRA's regulatory programs. Cover Letter From FINRA President and CEO, Robert Cook. Today, FINRA is publishing its Annual Regulatory and Examination Priorities Letter (the Priorities Letter). This letter provides information about areas FINRA plans to review in its 2017 exams based on observations from our regulatory programs as well as input from various stakeholders, including member firms, other regulators and investor advocates. Application? Firms have told us they find the annual Priorities Letter useful in reviewing their compliance and supervisory programs and essay on cow for children, framing issues to ap lit essays address in their internal training and essay on cow, communications. As you will see, a common thread running throughout the writting essay Priorities Letter is a focus on on cow for children, core “blocking and tackling” issues of compliance, supervision and college application, risk management. Most of the topics addressed in this year’s letter have been highlighted in on cow prior years, but specific areas of emphasis have been updated or modified based on students writing, recent observations and experience. Attention to on cow for children the core regulatory requirements identified in the letter—and how to address them in light of new business challenges and market developments—will serve investors and markets well.

Your ongoing input on existing and emerging issues that put investors and market integrity at risk is very important. We share a common goal of promoting investor confidence, and I ask that you let us know of any areas on which you think FINRA should focus its regulatory resources to protect investors and bolster market integrity. Since joining FINRA in what application August, I have been engaged in an ongoing “listening tour,” meeting with member firms, regulators and investor groups, among others. I am grateful for the feedback and time many people have given me. In the on cow coming months, I plan to provide more information about some concrete steps we are planning—based on to write in pa essay, the listening tour, as well as other input—to take a fresh look at certain aspects of FINRA’s programs and operations and to identify opportunities to do our work more effectively. In the meantime, I want to for children share with you two more modest steps we are already planning to take. First, I have heard frequently from firms and other FINRA stakeholders that it would be useful to learn more about thesis paper what FINRA is seeing through its examination programs.

They have suggested that publishing common examination findings would help inform firms of essay for children deficiencies FINRA has observed, including in its areas of priority, and allow firms that have not yet been examined to fix any similar deficiencies. I agree, and starting this year, we will publish a summary report that outlines key findings from examinations in selected areas. This document will alert firms to what we are seeing from a national perspective and, therefore, serve as an additional tool firms can use to strengthen the control environment for their business. Another suggestion that emerged from essays my meetings is that many small firms would like us to explore how FINRA can provide more, and perhaps different, compliance tools and resources to assist them in complying with applicable regulatory requirements. I have already asked our staff to develop several new resources along these lines, and in 2017 we will introduce a “compliance calendar” and essay for children, a directory of compliance service providers. In addition, to writting essay gather more information in this area, we recently sent a brief survey to small firms to help us learn about the compliance tools and resources they would find valuable. Essay For Children? We have received very helpful input from thesis methods firms to on cow for children date, but it is not too late to participate.

If you are a small firm and have not already completed the survey, please do so to what in pa help us better assist you. A related area of essay on cow focus in prompts the coming year will be recognizing the vital role that small firms—as well as larger firms—play in facilitating capital formation by small and emerging growth companies, which are vital engines of our economy and of job creation. We will be looking for opportunities to support these activities, including by providing guidance where appropriate to encourage innovative business models and new technologies in the Fintech space, consistent with maintaining important investor protections. Some have asked me when my listening tour will be finished. The short answer is: never. As noted above, in the coming months I will share with you some additional steps we will be undertaking that have been informed by the listening tour, and I am very excited about on cow for children moving forward with these initiatives. But the for college students listening will not end during my tenure. On Cow? I hope you will always feel free to reach out directly to me or to anyone on our staff with your ideas and suggestions on how FINRA can better execute its mission of investor protection and market integrity.

President and CEO. Text of the 2017 Regulatory and Examination Priorities Letter. This Regulatory and prompts for college creative, Examination Priorities Letter provides firms with information about areas FINRA plans to review in 2017, and in for children many instances also includes brief observations about common weaknesses we have observed while executing our regulatory programs. Firms can use this letter to identify priorities applicable to their business and to strengthen their compliance, supervisory and risk management controls to protect investors, the markets and of macbeth, themselves. FINRA develops these priorities based on observations from our regulatory programs as well as input from various stakeholders, including investor advocates, firms and other regulators. On Cow For Children? Firms have told us that they find this annual letter useful in evaluating their business, regardless of whether FINRA examines the firm in a given year. Some firms use the letter to thesis methods help identify applicable priorities and essay for children, then to define their training program requirements for writting a college essay, the coming year, assess programs they may need to on cow for children strengthen or update, and frame issues that they will address in their annual compliance conferences and other internal communications. For its part, FINRA has enhanced its risk-based surveillance and examination programs to apply a nationally consistent approach to identify and focus on material conduct at firms based on our assessment of character analysis essay of macbeth specified sales practice, financial, operational and essay, market-integrity risks. This approach has improved our understanding of each firm’s business, permitting us to better tailor examinations and other regulatory responses to conduct that poses the greatest threats to investors or the methods market. In planning and executing an examination, we consider, among other things, a firm’s business model, size and essay, complexity of ap lit on hamlet operations, and the nature and extent of a firm’s activities against the priorities outlined in this letter.

In 2017, FINRA will also initiate electronic, off-site reviews to supplement our traditional on-site cycle examinations. This program will enable FINRA to review selected areas, typically those covered in this letter, without going on site to the firm. Essay On Cow? Instead, FINRA will make targeted and limited information requests to firms and then analyze responses off site. We will conduct these off-site exams only on a select group of firms that are not currently scheduled for a cycle exam in 2017. FINRA will focus on the following issues and concerns through our regulatory programs in 2017.

FINRA will devote particular attention to firms’ hiring and monitoring of ap lit essays high-risk and recidivist brokers, including whether firms establish appropriate supervisory and essay for children, compliance controls for college, such persons. FINRA is strengthening its already comprehensive approach to high-risk and essay, recidivist brokers in three areas. Paper Methods? First, FINRA recently established a dedicated examination unit to identify and examine brokers who may pose a high risk to investors. This group will rigorously review these brokers’ interactions with customers, including their compliance with rules regarding suitability, know-your-customer, outside business activities, private securities transactions, commissions and fees. Second, FINRA will review firms’ supervisory procedures for hiring or retaining statutorily disqualified and recidivist brokers. FINRA will examine firms’ due diligence on essay, these individuals and that will include determining whether, as part of the verification process, a firm or third-party service provider conducts a national search of reasonably available public records to verify the accuracy and completeness of the information contained in an applicant’s Form U4. FINRA also will continue to analysis of macbeth monitor for essay for children, the timely submission of writting a college essay disclosures required on Forms U4 and U5. FINRA will assess whether firms develop and implement a supervisory plan reasonably tailored to detect and prevent future misconduct by essay a particular broker based on prior misconduct and regulatory disclosures. Rowan? We will also focus on firms with a concentration of essay on cow for children brokers with significant past disciplinary records or a number of sales practice complaints or arbitrations. At the same time, we will continue to scrutinize closely applications by firms to associate with statutorily disqualified persons and will oppose these plans where we conclude that they do not satisfy applicable requirements.

Similarly, our Membership Application Program will identify new and paper methods, continuing member applicants that employ, or seek to employ, registered representatives with problematic regulatory histories. In these instances, our staff will carefully consider whether applicants have the experience and controls to adequately supervise these representatives. Third, FINRA will continue to evaluate firms’ branch office inspection programs as well as their supervisory systems for branch and on cow, non-branch office locations, including, but not limited to, independent contractor branches. FINRA’s focus for these reviews will include the supervision of account activity; advertising and communications, including the potential use of creative writing unapproved email addresses for business; communications with customers, including through the essay for children use of social media, seminars, radio shows or podcasts; registered representatives’ websites; outside business activities; the use of consolidated account statements; and operational activities such as distribution of funds and changes of address or investment objectives. Investor protection lies at the heart of thesis methods FINRA’s mission, and protecting senior investors will remain a top priority in 2017. FINRA will assess firms’ controls to protect senior investors from fraud, abuse and improper advice. On Cow For Children? We are seeing numerous cases where registered representatives have recommended that senior investors purchase speculative or complex products in search of yield.

While the what to write in pa application quest for higher yield is not per essay on cow se problematic, FINRA will assess whether such recommendations were suitable given an investor’s profile and risk tolerance, and prompts students creative writing, whether firms have appropriate supervisory mechanisms in place to detect and prevent problematic sales practices. In addition, FINRA will focus on microcap fraud schemes, especially those targeting the elderly. Microcap (or “penny”) stocks are particularly vulnerable to market manipulation given the lack of public information regarding the companies’ underlying business and essay, management, as well as the lack of verifiable financial information. In 2015 and 2016, FINRA observed an essays on hamlet, increase in essay on cow for children the use of aggressive boiler room tactics by unregistered persons in pump-and-dump schemes targeting elderly investors. Essay? There are a number of controls firms can implement to enhance protection for on cow for children, elderly clients from such financial exploitation. For example, firms can contact an writing prompts students creative writing, elderly customer in instances where the customer has placed a purchase order for a speculative penny stock through the customer’s online brokerage account, can question a customer about inquiries to buy or sell penny stocks held outside the essay firm and can ask a customer about ap lit essays instructions to transfer funds to for children persons who may be tied in some way to the issuer. Product Suitability and Concentration. FINRA continues to observe instances where firms recommend products that are unsuitable for customers, including situations where customers and writing for college creative writing, sometimes registered representatives do not understand important product features. For this reason, we will assess how firms conduct reasonable-basis and customer-specific suitability reviews. Essay On Cow? This may include examining firms’ product vetting processes, supervisory systems and controls to review recommendations. Firms should be attentive to the adequacy of their supervision and training when new products come to market, new features of existing products are introduced or market conditions change in ways that could affect product performance.

Firms that hire registered representatives who sell products with which the firm is not familiar should educate themselves on college application essay, the products and essay on cow for children, then carefully evaluate their ability to thesis paper supervise recommendations. Training should ensure that registered representatives, compliance and supervisory staff understand the objectives, risks and essay on cow, pricing factors of the products sold, including any changes in the features of writing for college students those products. In 2017, FINRA will also increase its focus on the controls firms use to monitor recommendations that could result in excess concentration in customers’ accounts. This could include excessive concentration in a particular type of essay on cow product, for example long-duration fixed income instruments. Firms should be attentive to rowan college essay shifts in essay on cow for children the interest rate environment and should be prepared to assess and discuss the character analysis essay possible impact of these changes on essay on cow for children, recommendations to clients. Firms should also monitor for excessive concentration in securities exposed to an industry sector. The concerns we discuss above can arise with many products. Ap Lit Essays On Hamlet? For example, calls to on cow for children the FINRA Securities Helpline for Seniors® (HELPS TM ) have exposed troubling scenarios of what to write in pa application senior and unsophisticated investors buying into sales pitches for speculative energy- based investments.

In addition, over the last year we have observed these concerns particularly frequently with respect to complex or novel exchange-traded products (ETPs), structured retail products, leveraged and essay on cow, inverse exchange-traded funds, non-traded real estate investment trusts (REITs) and unlisted business development corporations (BDCs). While these products can be appropriate for some customers, certain non-traded REITs and unlisted BDCs, for example, may have high commissions and fees, be illiquid, have distributions that may include return of principal, have limited operating history, or present material credit risk arising from writing students creative unrated or below investment grade products. Essay On Cow For Children? Given these concerns, firms should make sure that they perform and supervise customer- specific suitability determinations. Rowan College Application Essay? More generally, firms should carefully evaluate their supervisory programs in light of the products they offer, the specific features of those products and the investors they serve. Excessive and Short-term Trading of Long-term Products. FINRA will evaluate firms’ ability to monitor for on cow for children, short-term trading of long-term products. We have observed instances of registered representatives recommending that their clients trade long-term products—such as open- and closed-end mutual funds, variable annuities and unit investment trusts (UITs)—on a short-term basis. This trading is detrimental to clients who may experience diminished investment returns because of ap lit increased costs (e.g., commissions, underwriting fees, or creation and development fees) or missed dividend payments in the case of UITs.

In September 2016, FINRA launched a targeted exam that focuses on UIT rollovers at select firms, and FINRA will review other firms’ UIT sales and on cow for children, surveillance practices as well. FINRA has observed, for example, that some registered representatives are using early UIT rollovers (i.e., rollovers prior to the last 30-60 days of the UIT’s term) to increase their sales credits to the detriment of a college clients. In addition, FINRA urges firms to essay evaluate whether their supervisory systems can detect activity intended to evade automated surveillance for excessive switching activity. For example, we have observed situations where registered representatives switch customers across products to writing prompts for college students creative evade surveillance that focuses on on cow, switching within the same product class. Similarly, FINRA has observed situations where registered representatives switch customers through several investments to a college essay conceal the source of funds from switching surveillance tools.

Outside Business Activities and Private Securities Transactions. FINRA will focus on firms’ obligations with respect to their registered representatives’ outside business activities and private securities transactions. We will continue to essay evaluate firms’ procedures to to write in pa application review registered persons’ written notifications of proposed outside business activities, including firms’ consideration of on cow for children whether the proposed outside business activities may compromise a registered person’s responsibilities to the firm’s clients or be viewed as part of the firm’s business. College Application Essay? FINRA will also focus on firms’ procedures for handling associated persons’ notifications of proposed private securities transactions and firms’ ongoing supervision over associated persons’ approved private securities transactions for compensation. Essay On Cow? Social Media and writing prompts creative writing, Electronic Communications Retention and Supervision. FINRA will review firms’ compliance with their supervisory and record-retention obligations with respect to social media and essay, other electronic communications in college application essay light of the increasingly important role they play in the securities business. We note that these obligations apply to essay business communications irrespective of the college essay medium or device used to on cow for children communicate.

Under U.S. Securities and ap lit, Exchange Commission (SEC) and FINRA record-retention requirements, firms must ensure the capture of business-related communications regardless of the devices or networks used. A firm must capture and maintain all business-related communications in such a way that the firm can review them for inappropriate business conduct. During 2016, FINRA assessed liquidity management practices and identified firms that lacked liquidity risk management plans, did not conduct stress tests, applied insufficiently rigorous assumptions in their stress tests or maintained insufficient sources of funding. In addition, FINRA found that many firms’ funding contingency plans relied on committed secured and unsecured loan facilities. Contracts for on cow for children, these facilities may contain provisions ( e.g. , restrictive covenants, acceleration and material adverse change clauses) that could either compromise or delay the availability of that funding during a stress event. In light of on hamlet these findings, in 2017, FINRA will review firms’ funding and liquidity plans, and assess whether firms adequately evaluate their liquidity needs related to market- wide and essay for children, idiosyncratic stresses, develop contingency plans so that they have sufficient liquidity to endure those stresses, and rowan college application, conduct stress tests and for children, other reviews to what to write essay gauge the effectiveness of for children their contingency plans. Moreover, certain stress scenarios may affect affiliate and broker-dealer liquidity simultaneously. We will also review how correspondent clearing firms incorporate funding needs for large introducing firms and market participants in their contingency plans, where such entities rely on their clearing brokers for funding during a stress event, including coverage for intraday risk. We urge firms to consider the effective practices discussed in rowan college application essay Regulatory Notice 15-33 as they evaluate their liquidity management plans.

Over the past two years, FINRA has held discussions with some larger firms to understand how they manage risk across their organizations. Essay? The discussions focused on the extent of the what to write essay independence of the firms’ risk management governance; the scope, span and focus of essay on cow for children key control functions; and the frequency and effectiveness of rowan college application communication and essay, reporting between parties responsible for essay, monitoring and controlling risk. Similar to the thematic liquidity review that produced Regulatory Notice 15-33 , and in furtherance of our risk management focus, FINRA will ask a select group of essay on cow firms to explain how they would react to a specific stress scenario that affects a firm’s market, credit and liquidity risks. FINRA will assess these firms’ risk management practices, considering areas such as readiness, communication plans, risk metrics and triggers, as well as contingencies. We will assess these practices to understand whether the approach appears reasonable in light of the risks to to write application essay the firm’s business, not with an expectation of a “right way” or “wrong way” to deal with the scenario. Credit Risk Policies, Procedures and Risk Limit Determinations Under FINRA Rule 4210. In June 2016, the essay for children SEC approved amendments to FINRA Rule 4210 to establish margin requirements for covered agency transactions, and on December 15, 2016, the essay first phase of the new amendments became effective. In 2017, FINRA will review firms’ implementation of the obligations established in for children the first phase of the rule amendment. We will assess firms’ written risk policies, procedures, risk limit setting processes and the way firms establish and supervise for compliance with the rule’s requirements.

Firms should review the new rule requirements to ensure they have appropriately tailored their risk policies and character analysis, limits to their counterparties and covered agency transactions. Cybersecurity threats remain one of the essay most significant risks many firms face, and in writing prompts for college students creative 2017, FINRA will continue to assess firms’ programs to mitigate those risks. 1 FINRA recognizes there is no one-size-fits-all approach to on cow for children cybersecurity, and we will tailor our assessment of cybersecurity programs to on hamlet each firm based on a variety of factors, including its business model, size and essay for children, risk profile. Among the areas FINRA may review are firms’ methods for preventing data loss, including understanding their data (e.g., its degree of sensitivity and the locations where it is stored), and its flow through the firm, and possibly to vendors. FINRA may assess controls firms use to monitor and protect this data, for example, through data loss prevention tools. In some instances, we will review how firms manage their vendor relationships, including the controls to manage those relationships. The controls should be informed by a number of character analysis essay of macbeth factors, including a clear understanding of any customer or employee personally identifiable information or sensitive firm information to which vendors have access. We may also examine firms’ controls to protect sensitive information from insider threats. The nature of the insider threat itself is rapidly changing as the workforce evolves to include more employees who are mobile, trusted external partnerships and vendors, internal and external contractors, as well as offshore resources.

We also draw firms’ attention to for children two areas in which we have observed repeated shortcomings in essay controls. First, cybersecurity controls at branch offices, particularly independent contractor branch offices, tend to be weaker than those at firms’ home offices. We have observed poor controls related to the use of passwords, encryption of data, use of for children portable storage devices, implementation of patches and virus protection, and the physical security of assets and data. Second, in multiple instances, firms have failed to fulfill one or more of their obligations under Securities Exchange Act (SEA) Rule 17a-4(f) that requires firms to, among other things, preserve certain records in a non-rewriteable, non-erasable format, commonly known as write once read many (WORM) format. This includes situations where vendor-provided email review and rowan, retention services did not fulfill SEA Rule 17a-4(f) requirements. FINRA recently announced enforcement actions against 12 firms for, among other things, failure to preserve broker-dealer and customer records in WORM format. 2. FINRA will assess firms’ testing of their internal supervisory controls. Regular testing is critical to enabling firms to identify and mitigate gaps or inadequate controls ( e.g. , poorly set parameters in on cow for children automated compliance systems) that, left undetected, may lead to significant, systemic control breakdowns.

These problems arise in firms’ day- to-day operations, but we have observed that they can be more prevalent when firms increase the scale or scope of their business or change from legacy to new compliance systems. Control breakdowns can include record-retention omissions and failures to deliver requisite disclosure or other documents to clients. In addition, FINRA has observed situations where data is inaccurate, for example, with respect to product or order types. This can lead to situations where automated alerts fail to identify activity in application essay client accounts for further review or where extensive manual intervention is necessary to make the data useable. FINRA reminds firms of their obligations with respect to supervisory controls testing and chief executive officer certifications pursuant to FINRA Rules 3120 and 3130. Customer Protection/Segregation of essay on cow Client Assets. FINRA will evaluate whether firms have implemented adequate controls and supervision to creative writing protect customer assets pursuant to SEA Rule 15c3-3. FINRA will assess firms’ compliance with the specific requirements of the rule, for example, whether firms properly include customer securities positions and money balances on multiple platforms in the reserve formula and in the possession or control calculations.

FINRA will also emphasize that firms should maintain relevant documentary evidence to incorporate concentrated customer debit balances in the reserve formula. We will test whether the Special Reserve Bank agreements with banks, regardless of their size, location or the essay on cow for children amount on deposit with them, have the writting required no-lien language. In addition, FINRA will also determine if money movements in Special Reserve Bank accounts are timely and transfers of moneys between reserve bank accounts create temporary shortfalls. We will review whether firms maintain sufficient documentation to on cow demonstrate that securities are held free of liens and encumbrances, especially for prompts for college students, alternative investment products in customer retirement accounts. In addition, FINRA will assess whether firms’ possession or control processes are sufficient to identify securities held in custody, clearance, dealer or custodial agent locations. We will also evaluate the adequacy of firms’ supervision and controls to identify, and where appropriate prevent, manual overrides of automated possession or control calculations. These overrides may include, but are not limited to, reductions to DTC Memo Seg instructions to make delivery of, for example, hard-to-borrow securities.

Finally, FINRA is concerned that some firms may be engaging in transactions with little or no economic substance designed primarily, if not solely, to reduce their reserve or segregation requirements under the financial responsibility rules. On Cow? This would put customer cash or securities at thesis methods, risk if, for example, a firm went out of business and held its customers’ securities in an account subject to a lien or if a firm artificially reduced the reserve computation through such transactions. Essay On Cow For Children? FINRA will review for this behavior from two perspectives. A College? First, we will focus on the mechanisms firms use to identify, review, and approve or disapprove transactions that may have such effect. Second, we will review client transactions that result in outsized profit for a client when compared to transactions of for children similar risk as well as transactions that shift profit or loss between a broker-dealer and rowan application, its affiliates that are not supported by the economics of the situation. On Cow For Children? Regulation SHO – Close Out and Easy to Borrow. In 2017, FINRA will continue to assess firms’ compliance with SEC Regulation SHO. In light of writting essay recent SEC enforcement actions, FINRA will focus on the locate process to essay ensure firms have reasonable grounds to believe securities are available for ap lit on hamlet, borrowing prior to accepting a short sale. For Children? FINRA will assess firms’ preparation and use of the easy-to- borrow list as well as evaluate the adequacy of firms’ automated locate models. FINRA has observed fails-to-deliver on character analysis essay of macbeth, settlement date, when locates are granted without the requisite reasonable grounds to believe that the security could be borrowed.

Firms should continue to monitor their close-out processes and essay on cow for children, ensure that they appropriately close out fails-to-deliver by the designated close-out date pursuant to Rule 204 of Regulation SHO. Anti-Money Laundering and Suspicious Activity Monitoring. In 2017, FINRA will continue to focus on firms’ anti-money laundering programs, especially those areas where we have observed shortcomings. These shortcomings include gaps in firms’ automated trading and money movement surveillance systems caused by data integrity problems, poorly set parameters or surveillance patterns that do not capture problematic behavior such as suspicious microcap activity. We have seen weaknesses in systems monitoring foreign currency transactions and transactions that flow through suspense accounts. Ap Lit? Firms may perform anti-money laundering suspicious activity monitoring using the same trading surveillance they use for supervisory purposes, but that surveillance must also include alerts tailored to the firm’s anti-money laundering red flags. FINRA will also continue to focus on firms’ controls around accounts held by on cow for children nominee companies. We expect firms to determine whether they need to implement policies and procedures to identify accounts held by nominee companies and whether they should apply heightened scrutiny to those accounts.

State and local governments that issue municipal securities to raise funds for various public projects may rely on college application, municipal advisors to advise them on the structure, timing and terms of the issuance of securities or the essay investment of proceeds from the sales. Ap Lit On Hamlet? FINRA has found that some firms are not registering correctly with both the for children SEC and Municipal Securities Rulemaking Board (MSRB) or are not properly updating their registration information as it changes. Further, firms may not be identifying all individuals who are engaged in municipal advisor activity as required for submission to EDGAR on SEC Form MA-I. The Series 50 Municipal Advisor Representative Qualification Examination became available September 12, 2016, and individuals currently engaging in what to write municipal advisor activities have one year to pass the on cow exam. Firms that do not wish to prompts for college register as municipal advisors may still provide services to municipal customers under certain statutory exclusions and regulatory exemptions. We will assess whether these firms properly apply the exemptions and exclusions 3 to municipal advisor registration requirements under SEC rules. 4. Detecting and deterring manipulation remains a critical priority for essay, FINRA, and it should be a priority for firms too.

We regularly enhance and expand our surveillance program to deal with new threat scenarios and changes in market participants’ behavior, and we provide firms with tools that can help them do the same. For example, we are enhancing our layering 5 pattern to prompts for college students writing look for even larger groups of market participants potentially engaging in manipulation. In addition, we have amended our Order Audit Trail System (OATS) rules to require alternative trading systems (ATSs) to submit broader order book activity to OATS and to require FINRA members to capture in their OATS reports the identity of essay on cow non-FINRA member broker-dealers participating in the over-the-counter market. It is important that FINRA members comply with these new order reporting requirements as OATS data helps FINRA to better reconstruct the markets for surveillance purposes. In addition, we are closely monitoring whether market participants are trading in a potentially manipulative manner surrounding the open or close through the use of, among other tactics, aggressive and dominant trading on one side of the market to benefit a position on the other side of the market. Additionally, we developed a cross-product surveillance pattern to to write essay detect layering in an underlying equity to influence options prices. In 2017, we will expand surveillance for cross-product manipulation to trading in ETPs and essay, related securities, and improper trading strategies directed at writting essay, unique attributes of ETPs. Essay On Cow For Children? Finally, in writting a college essay 2016, FINRA introduced the Cross Market Equity Supervision Report Cards for layering and on cow for children, spoofing 6 activity as a compliance tool to complement firms’ supervisory systems and procedures to detect and deter manipulative conduct by analysis essay of macbeth the firm or its customers. The purpose of the report cards is to essay on cow proactively alert firms when it appears that they or their customers are engaging in potentially manipulative conduct.

We expect firms that receive report cards to review them as a supplement to, and not a replacement for, their own reviews into potentially manipulative activity, and take appropriate steps in response to their findings. In November 2015, FINRA issued Regulatory Notice 15-46 to remind firms of the best execution obligations they owe customers when they receive, handle, route or execute customer orders in equities, options and fixed income securities. Firms should consider how the continuing automation of the markets for equity securities and standardized options, and recent advances in to write in pa application trading technology and communications in for children the fixed income markets, affect their order-handling decisions and factor those changes into their review of the essay of macbeth execution quality they provide customers. Essay On Cow For Children? In addition, we remind firms of the importance of providing accurate payment for order flow disclosures. Audit Trail Reporting Early Remediation Initiative and Expansion. FINRA’s Audit Trail Reporting Early Remediation Initiative identifies and alerts firms to potential equity audit trail issues not typically detected through routine compliance sweeps and essays on hamlet, reviews. We expect firms to use the alerts to correct systems issues and potentially avoid a formal investigation, if the issue is limited in scope and promptly addressed. We will expand this initiative to other areas such as Regulation NMS trade- throughs and locked and crossed markets. We believe it would be a more effective use of both FINRA’s and firms’ resources to alert firms to potential problems and only open formal investigations when the problem is widespread and long-standing, or the firm does not take timely or sufficient steps to address the issues. Essay On Cow? The data collection obligations of the Tick Size Pilot will continue in thesis paper 2017. To assist with this initiative, FINRA consolidates broker-dealer and exchange data to on cow for children satisfy the exchanges’ and FINRA’s data collection requirements and, through a market maker transaction reporting mechanism, collects trade data on thesis paper methods, behalf of tick size market makers.

Because of the essay on cow for children importance of this data to the SEC’s and self-regulatory organizations’ analysis of the program, it is critical that firms submit accurate OATS and market maker data. FINRA will review for compliance with the essays data requirements of the essay Tick Size Pilot, as well as compliance with its quoting and trading restrictions. FINRA continues to see the need for firms to improve their compliance with the paper methods Market Access Rule. For example, firms need to better document their market access controls, provide the rationales for decisions relating to essay for children the setting of controls, identify the individuals responsible for monitoring those controls and thesis paper, consistently monitor the effectiveness of the controls they employ. Some best practices firms should consider incorporating into their market access controls include implementing, memorializing and monitoring pre-trade and post-trade controls; implementing procedures for the supervision, development, testing and essay on cow for children, employment of algorithmic trading, including code development or changes; and maintaining reasonable processes to monitor whether trading algorithms operate as intended, and processes to essay disable algorithms or systems that malfunction. Essay? In addition, firms should consider the effective practices FINRA describes in Regulatory Notice 15-09 . Rowan? FINRA’s trading examination priorities include reviewing the adequacy of essay on cow for children alternative trading systems’ disclosures to customers about how they operate, reviewing for potential conflicts of interest, and a college, evaluating whether floor brokers and upstairs firms are handling manual options orders in for children a manner consistent with their best execution obligations. Our 2017 priorities include a pilot trading examination program.

The pilot will help us determine the value of conducting targeted examinations of some smaller firms that have historically not been subject to trading examinations due to their relatively low trading volume. Fixed Income Securities Surveillance Program. In recent years, we have expanded our fixed income surveillance program to writing for college creative include additional manipulation-based surveillance patterns, such as wash sales and interpositioning. FINRA will continue to enhance these patterns and conduct investigations into problematic activity we detect through our surveillance program. We have brought enforcement actions against essay on cow, individuals who engaged in non-bona fide trading to create an artificial price level in a bond, in what in pa application order to hide an excessive mark-up to a customer trade or reset the aging of positions held by the firm.

We continue to review firms’ written supervisory procedures and systems to ensure they are reasonably designed to monitor for such conduct. We also will continue to review for and investigate potential misrepresentations and misleading conduct by position and sales traders in securitized products.

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Free Essays on on cow Why Its Important To Be At Your Place Of Duty. importance of being at your Appointed Place of Duty It is always important to be where you are supposed to be. Essay! In the Army, every leader stresses the fact on being on time or being at the right place or being in the right uniform. So if you have to ask yourself is it important to essay on cow for children be where you are told. Accountability in the army) i.e.: appropriate place of duty , proper place and proper time. I Pride myself on being a soldier that is accountable for his actions at all times. The reason for this essay is, I did not follow proper orders and was not at my correct place of for college creative writing, duty for work call, due to miscommunication. Being in the Right Place at the Right Time; Army. did not follow standard operating procedure and was not at the correct place of duty for accountability of my person while on quarters as prescribed by my doctor.

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This should give you more of an understanding of why it is important to analysis essay of macbeth be at your appointed. act of taking responsibility for essay on cow for children that which falls under your domain—in other words, it’s doing what you say you’re going to do. Accountability is the cornerstone of integrity, which is the result of consistent honesty and responsibility in your actions. In the military, it is absolutely imperative that. ‘This farm stays in thesis, the family.

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The Holy Qur'an says, ''And we have created you in pairs''(male and female). The existence of. Duty is defined in Webster’s dictionary as, “obligatory tasks, conduct, service or functions that arise from essay on cow for children ones position”. It is one of the primary values in the Army today. Character Analysis Essay Of Macbeth! Duty is the reason why we get up every day and prepare to defend the United States of America with our lives. This is for children why it.

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were taken from two talks: Magnify your calling by Gordon B. Hinckley and Your calling: Joy or Drudgery? by Larry Hiller. They are both wonderful, and for children if you ever get the chance I would highly suggest reading them. Writing Writing! What does it mean to magnify your calling and why should we do it?? That word magnify. excuses as to why I was late, but the fact of the matter is that there is for children no excuse. The main reason for this essay is because I did not follow out character analysis of macbeth proper orders and was not at the correct place of duty for Physical Training. Being at essay on cow, the right place at the right time is in pa application particularly important ; reason being.

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Without being responsible and do whatever you are supposed to do, practically. accountable for their actions. Being accountable means being dependable; arriving to work and appointments on time, meeting deadlines, being in the right place at the right time and doing the right thing at the right time. Morning formation is the most imprtant formation of the day. It is made to get accountability. Duty of Care To meet my Duty of Care it is my responsibility to - ( Keep my knowledge and skills up to date ( Provide a quality service based on my skills, responsibilities and activities within my job role ( Be in a position to prompts students know what must be done to ensure that the service is provided. systems security organizations.

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Explain what your client must do for a CPA to essay on cow justify that Unqualified Opinion? (Points : 19) 3. (TCO C) – Based upon the below 4 situations – explain your position of “ why ” or “ why not” the following circumstances would have violated the professions. WHY BEING AT MY APPOINTED PLACE OF DUTY IS IMPORTANT In the Army, it is vital to be at your appointed place of duty because your whole squad, platoon and company are depending on what to write application you to on cow do your job. Of Macbeth! You do not ever want to essay on cow be the weakest link in the chain. In my seven years in the Army, I have. realized that I had to do something for myself.

At age seventeen and to write essay a recent graduate of high school I found myself searching for answers and essay wondering why I was not heading in the direction I had always wanted. While most of my friends had headed off to college, I graduated to a full time dishwasher position. verbally, such as a training schedule. By not reporting for duty or accountability you are in direct violation of Article 92 and analysis can receive a summarized, company, or field grade article 15. This will depend on how many offenses you have in the past, your work ethic and the reason you failed to report.

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Living in Dorm and Living in Your House. living in your house. Up to now, there are two places that have had a profound impact in my life. They are home and essay dormitory which I am living in now. When you compare them, they seem dramatically different places , but they have something in thesis methods, common and I love them both.

There are many reasons why dormitory. descriptions . and why your practice needs them By Michelle Kratt Did you know as required by Employer Compliance Law you must have current written job descriptions for all employees? Job descriptions are one of the most important pieces of documentation an employer must have. Why ? They prevent lawsuits. Being at the place in essay on cow, the right uniform is always repeated in the army. Every soldier needs to respond to this responsibility especially when deployed to the combat theater. The chain of command needs every soldier to be where they are supposed to be at the right time, so the unit can accomplish its. so Why it is important to rowan application essay be on time in the United Sates Army? I could write a bunch of excuses on on cow why I was late but the ap lit essays on hamlet, fact of the matter is, there is no excuse. In life and especially in the Army you have to understand that there are consequences for every action that you take, and no matter. 1 of 6 Author: Mike Smith Ref: 204 Workbook Sampled By IV Initials Dated: Unit 4222-204 – Duty of Care Candidate Name: Mark Mainwaring Date of Activity Award Title / Level Observed by your Assessor: Professional Discussion: Self Reflective Exercise: Seen By A Witness: Seen by essay for children an Expert.

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It is writting essay no surprise to learn then, that former Cambridge students will have acquired a polished.