Essay Instructions: 1000 WORD ESSAY demonstarting an understanding of the CIVIL PROCEDURES according to GILBERT LAW SUMMARIES by MELVIN A EISENBERG. 1. Keep to the essentials and keep it consise. 2.Highlight imortant points. 3.Keep to the topic. 4.Consider the IRAC approach............................
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Essay Instructions: The following essay should be handled by a law professor or a lawyer familiar with IRAC format and issue spottings.IRAC format should be stricly adhered to and issue spotting should be the main focal point.
Barbara and Judi entered into a contract with Linda, which provided that they open a jewelry store in Fullerton. Linda is obligated to supply all jewelry in accordance with a specified price list. Linda also agreed that she would not personally compete or supply another retail merchant, either directly or indirectly, within the City of Fullerton.
Linda, in order to give the necessary credit to Barbara and Judi, required that Joanne act as a guarantor. Barbara and Judi have been very successful, making substantial profits each month.
After one year's time, Barbara, who also has an additional job as a legal secretary, requires an extended vacation. Judi is fully in agreement. While Barbara is on her vacation, Linda sells jewelry to three additional retailers, all of whom, in the space of one week, open competitive shops in Fullerton. Linda's agreement with the new retailers is to provide inventory to the new stores at a substantially reduced cost, permitting them to sell retail at rates far below Judi and Barbara's cost. In one month's time, Judi closes the business and, unknown to Barbara, files suit in Federal District Court, alleging breach of contract on Linda's part and further alleging that she only has been damaged. Barbara returns from her extended vacation one month after the suit is filed and files a motion to intervene under Rule 24. Linda files a motion under Rule 19, alleging that Barbara should be joined as a party. Joanne, who lives in Nevada, learns of the lawsuit and asks her attorney to file a motion to intervene under Rule 24. Linda, in the requisite time, files her answer and files a motion under Rule 14 to implead the Rhodesian Diamond Company, her supplier and with whom she has a contract which required that she increase her sales and open new offices or lose her contract.
Assume proper jurisdiction of the subject matter, parties and venue. Discuss all civil procedure issues and give proper argument concerning motions made by Linda, Joanne and Barbara.
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Essay Instructions: We will pay $120.00 for the completion of this order.
This is an essay in which you are supposed to provide commentary on the following comments:
Person 1 says the following: The Federal Rules of Civil Procedure have been drafted without enough consideration to how substance and procedure co-exist in society.
Person 2 says the following: Substance and procedure are too intermingled in The Federal Rules of Civil Procedure.
The essay should take into account and explain examples of each person's perspective and then make some thoughtful conideration of where the proper place to draw the line between substance and procedure. This does not need to be an annotated or footnoted piece of work, however, as it is meant to model an exam question. It should draw upon some of the traditional arguments on each side. One of the commentators that needs to be referenced Professor Stephen Burbank from the University of Pennsylvania and in particular his article on the Rules Enabling Act of 1934 (attached). The article is meant to be used as a reference point, i.e. the essay cannot simply be a summary. The essay should focus on specific rules and commenting on where the balance falls between substance and procedure. Reference to major courtcases and the Erie doctrine would be expected. Someone with a law school background is probably essential in this situation.
There are faxes for this order.
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Essay Instructions: Does the national culture in which our political system operates, influence the agenda of our political parties, or is it the agenda of the political parties which, influences our national culture?
It is possible that both our national culture and the agenda of political of our major parties influence one another, but it is more likely that one has more influence over the other. That is say, the overall issues we as a nation are concerned about make-up the platform of debate between the two major parties, but it is more likely that we are more ?politically? concerned about issues that are established by the political parties? agendas. For example if you were to ask your neighbor what he or she was most concerned about these days, they would mostly make a reference to their job or retirement benefits. Both major political parties have some portion their domestic platform to focus on the creation of jobs, but the bulk of their agenda focus on foreign affairs and policy.
Understanding whether political agendas set the national culture or whether the national culture set political agendas, is important in determining if our system truly is a ?representative democracy?. Understanding this phenomenon also helps understand why politicians take certain positions on issues. As politicians increasingly try to divide this nation into groups based on issues, we must ask ourselves whose issues are these? Are these issues what we really care about? This article proposes to answer these questions by examining and comparing issues that are most central to the average citizens to those which are politicized by candidates and the media.
Basehart, Harry, and John Comer. "Partisan and Incumbent Effects in State Legislative Redistricting." Legislative Studies Quarterly 16, no. 1 (1991): 65-79.
Berry, William D., Michael B. Berkman, and Stuart Schneiderman. "Legislative Professionalism and Incumbent Reelection: The Development of Institutional Boundaries." American Political Science Review 94, no. 4 (2000): 859-874.
Bowen, John and John Richard. ?Critical comparisons in politics and culture?. New York: Cambridge University Press. 1999
Chase, Oscar G. "Some Observations on the Cultural Dimension in Civil Procedure Reform." The American Journal of Comparative Law 45, no. 4, Symposium: Civil Procedure Reform in Comparative Context (1997): 861-870.
Duberman, Martin B. ? Left out: the politics of exclusion: essays 1964-2002? Cambridge: South End Press. 2002
Fiske, John. ?Media matters: everyday culture and political change?. Minneapolis: University of Minnesota. 1996
Lublin, David, and D. Stephen Voss. "Racial Redistricting and Realignment in Southern State Legislatures." American Journal of Political Science 44, no. 4 (2000): 792-810.
Marks, Gary, Carole J. Wilson, and Leonard Ray. "National Political Parties and European Integration." American Journal of Political Science 46, no. 3 (2002): 585-594.
Merelman, Richard M. "On Culture and Politics in America: A Perspective from Structural Anthropology." British Journal of Political Science 19, no. 4 (1989): 465-493.
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