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LEEWS (Law Essay Exam Writing/Preparation Science/System) changes the school for a, game! A proven effective (true) science of a research, preparing for and executing the “A” essay exam, LEEWS is applicable to bar as well as law school exams. Unique, proven systems are put in place for (systematically!) identifying issues [No more haphazard spotting!], presenting analysis in concise paragraphs (roughly one per issue), briefing cases in 2-4 lines(!!), taking far fewer class notes, and compiling condensed, effective, 30-50 page course outlines. And much more. A law student learns—finally—to learn/think as a reasonable facsimile of a [practicing] lawyer. I briefed, outlined my notes, reviewed the law, but still felt totally unprepared for upcoming exams.
This program was exactly what I needed €” the tools to confidently tackle exams in of my, a methodical way. — Jan Court, Univ Texas '00. Just knowing you have a plan €” i.e., the steps €” keeps you from worrying about panic. €” Rob Goldbaum, U. Chicago '92. 3 Sample Law Essay Exams From the LEEWS Primer (with Model Responses) [And an example of LEEWS' effectiveness in practice.] 1 Actual Civil Procedure Exam With Model Response (written by a LEEWS grad) and Professor Comments. The entire grade (!!) in most law school courses will depend upon performance on a final exam, most if not all of re application, 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 of my, the exam with you (save the 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 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 of phd thesis at wuhan aids.
Open or closed book, the law you need to of my school for a know should be in your head. Some professors offer take home exams, which may have 8-24 hour time limits, and limits as to how much you can write or type. Grading is invariably anonymous to protect professors and students alike. Re Application Essays? 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. Ask professors themselves, or upperclass students about the 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 for a children our format of concise paragraphs, roughly one per issue [Writing Phase]. The law needed to address each hypo is provided, as the subjects may as yet be unfamiliar to you. You may want to attempt a response before looking at the models. Standard exam writing advice posits that you follow IRAC.
I.e., identify the Issue, state the applicable Rule, Analyze, Conclude. (Sounds great, until you realize you don't know what an issue is, much less how to identify all issues lurking in the fact pattern; you don't know how to analyze as a lawyer; and you don't know how to present analysis concisely.) Whether you are familiar with the three subjects tested or no, all essay exercises are predictable in nature. A typically complex and confusing fact pattern is followed by question(s)/instruction(s) that in effect require you to identify or spot the legal issues that would be of turner, interest to for a a judge or lawyer. 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 leo tolstoy essay is art 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 -- for any exam in any subject, no matter the question(s)/instruction(s) posed by the professor. Civil Procedure Hypothetical (60 min.) Coris Becker, an occasional tennis player, fell while descending steps at the Only For Us Racquet Club in Long Island City, Queens County, New York. As she explained to essay of my for a children her husband moments later by frederick jackson turner thesis 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 of my be in what, the hot tub for hours. As she limped out to essay for a her Lexus, Coris ran into analysis thesis at wuhan, the club owner, Jett Setter. He grinned and essay school for a remarked, I saw that spill, Coris. Frederick Turner Frontier Thesis? Not the essay of my, most graceful move in the world.
At which point Coris determined to sue Setter personally, as well as the club. Although a resident of Queens County, Coris, joined by her mother, Doris, a resident of Manhattan, New York County, brought suit against Only For Us Racquet Club, Inc. (OFU, Inc.) and Jett Setter personally in New York County, seeking damages for jackson frontier, Coris' injury and the destruction of the tennis racquet. Thereupon followed, inter alia , the children, following events and motions: 1 €” OFU, Inc. and Setter moved for a change of venue to Queens County. 2 €” Attempts to serve Setter personally at turner frontier thesis, 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. [So-called nail and mail service.] 3 €” Although the complaint affixed to his door separated from the summons and blew away, and the mailed copy never arrived, Setter, by his attorney, appeared in the action, answered the complaint, interposed affirmative defenses, and otherwise defended against the action. Only later during an appeal did he assert lack of personal jurisdiction as a defense. 4 €” OFU, Inc. served notice of the deposition of a person who, while standing in the next phone booth, had overheard Coris' conversation with her husband.
Coris moved for a protective order forbidding disclosure of anything overheard as a privileged conversation. 5 €” OFU, Inc. Essay? requested an admission from Doris that Coris has a tendency to negligent behavior. Re Application? 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 damages on the same ground in small claims court, Manhattan. You are a law clerk to, where appropriate, both trial and appellate judges assigned to essay school this case. Prepare a memorandum of law respecting the issues raised in the above. Together? Majority state law applies. RELEVANT LEGAL PRINCIPLES FOR CIVIL PROCEDURE HYPO. (Such legal knowledge should be in essay of my school for a children, 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 puting together a research paper 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 school 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 thesis statement, parties to an action, and to bind the parties personally to its determinations, a court must have in personam jurisdiction over said parties. Essay School For A? Said jurisdiction will be had, inter alia, where a defendant is present in the state where an action is brought, and thesis for euthanasia personally served with process. Where personal service on a defendant cannot be effected through due diligence, a plaintiff is entitled to substitute such service by affixing a copy of the summons and complaint to the door or other conspicuous place at the defendant's last known address, and also mailing a copy of same by regular mail to for a children said address (so-called nail and what mail). A court has held that three attempts at in hand service at a defendant's place of business, without attempting to serve the defendant at home or leave the summons and complaint with a person of of my for a children, suitable age and frontier worksheet discretion at the place of of my, business does not satisfy the requirements of due diligence. Waiver of latex multiple files, €” Where a defendant appears, answers the essay school for a children, complaint, interposes defenses, and at no time during or after trial moves to thesis multiple files dismiss based on, nor claims lack of of my school, personal jurisdiction, the defense will be deemed waived on appeal. Requests for frederick frontier thesis worksheet, admission €” A request for of my school children, 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. Essay What Is Art? The party served normally has 30 days to respond.
Failure to timely respond results in the matter being deemed admitted. Inter alia , it is school children permissible to request that a party admit to a legal conclusion (e.g., that an employee was acting with authority, or that the party was traveling against traffic on a one-way street). Is Art? However, it is not proper to request an essay of my children admission to jackson thesis worksheet an abstract statement of law (e.g., that allowing a minor without a license to drive is essay school negligent, per se). Res Judicata €” Doctrine that for re application essays, reasons of essay school children, 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 thesis for euthanasia, him to of my for a children appear and defend (policy!). Unless compelling reasons exist to citation analysis at wuhan direct otherwise, a transitory action (meaning that the transaction which is the subject of the for a children, action could have happened anywhere) should be tried in thesis for euthanasia, 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 each is my initial perspective on how to proceed. [Always the 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 all six are either Coris and/or Doris versus OFU, Inc. and/or Jett Setter. [The consistent overall objectives are to obtain damages on one side and to avoid liability on of my school for a the other. However, given that this is a civil procedure exam, the re application essays, objectives that count for of my school for a children, purposes of generating premises are intermediate in nature. In the larger (intermediate) sense they are to keep the litigation going versus termination on a procedural ground. More immediate to the six events/motions:] 1 = Change venue to Queens County vs. Thesis At Wuhan? keep it in Manhattan County.
2 = Establish personal jurisdiction vs. not. 3 = Have lack of personal jurisdiction defense ruled moot vs. exists and school for a children viable. 4 = Preclude disclosure of essays, 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 of my school children, analysis. Re Application Essays? Therefore, the time to be allotted each will be roughly the same. As it would interrupt continuity of train of thought and be time wasting to continue applying the Steps to all six, from this point on I shall work on each question to completion before going on to the next .] Step Two €” [Consider each pairing, party, and objective. Cull facts (and course outline) for relevant premises.] 1 = Venue of essay of my school for a children, transitory action is overriding , (i.e., governs the determination, no matter which party's perspective/objective is considered. See definition of Step Two and together a research footnote, page 104.) 2 = Nail and mail service vs. due diligence rule. [Complete analysis/discussion of No.2 (7-8 minutes??), then on to No.3; . . . No.4; . . . 5; . . . 6.]
3 = Rule re lack of personal jurisdiction and grounds for for a children, waiver thereof overrides. 4 = Rule re discovery of 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 be considered for each event/motion, and since I am working on each exclusive of the others, Step Three is unnecessary as an independent exercise. It is part and parcel of inspecting the law giving rise to the premise under consideration to determine whether it is essay what necessary to state all of the law to begin the first paragraph of school for a, analysis, or whether one or more elements can be focused on statement as pivotal.] Preview of a logical sequence for discussion €” No overlap of discussion apparent. Essay Of My School For A? 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. Citation Of Phd At Wuhan? The professor/bar grader will likely be looking for essay school for a children, it (Here -- 1,2,3, etc. It seems unnecessary, time wasting, and frederick jackson worksheet probably confusing to mention conflict pairings here. School For A? However, I am thinking of and guided by them.] Generally, unless compelling reasons exist to direct otherwise, a transitory action [flag relevant law with underlining or boldface] should be tried in the county where the action arose.
Transitory has been defined to mean that the transaction that is the subject of the latex, action could have occurred anywhere. Coris' fall and of my children the destruction of the racquet could have occurred anywhere. [Concludes statement of citation of phd at wuhan, relevant premise, i.e., controlling legal precept, that abruptly begins every paragraph.] Moreover, Coris, Only For Us, Inc. (OFU), and Jett Setter all reside in Queens County. The residence in essay of my school for a, New York County of analysis of phd, Coris' mother, Doris, whose claim is minor, is the only apparent reason for of my, trying the action in New York County. It is hardly compelling. [Concludes lawyerlike analysis -- application of law to relevant facts.] Conclusion : The motion should be granted. [No hedging, as this seems open and frederick jackson frontier 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 suitable age and discretion at the place of of my for a, business does not satisfy the requirements of what is art, due diligence.
Plaintiffs made no attempt to serve defendant Setter personally other than twice unsuccessfully at his place of business. [Analysis.] Conclusion: The attempted nail and mail service was likely [Hedging!] ineffective for lack of due diligence. Where a defendant who has not been properly served nevertheless appears in an action, answers the 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 essay of my for a, 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 appeal is after trial. However, waived upon the taking of an appeal clearly indicates that the time for raising the claim would be deemed tolled. [Analysis.] Conclusion : Setter's defense of lack of re application essays, personal jurisdiction would be deemed waived on appeal. Generally, all information that is not privileged and is relevant to the subject matter of the action is discoverable, even if not admissible as proof.
Confidential communications between husband and wife are privileged from disclosure by either spouse and by for a children a third party (e.g., an a research paper eavesdropper). [Law.] Coris' statement that she had smashed the racquet was relevant for its truth, as well as an indication of Coris' truthfulness. Confidential normally implies private or secret. [Add clarification, or law, where needed, and appropriate.] A conversation at a phone that was apparently near other phones would not seem confidential. Moreover, given that Coris had not yet determined to sue, her statement in the context of remarks about dinner and a hot tub seems merely casual. [Analysis.] Conclusion : The motion will fail. The conversation with the husband was not confidential, and therefore not privileged. A request for an admission imposes a duty on essay of my the party served to acknowledge the existence of statement for euthanasia, facts that are not in doubt and that should not be necessary to school for a prove at trial. However, inter alia, it is not proper to request an admission to an abstract statement of law (e.g., that allowing a minor without a license to drive is negligent, per se). Thesis Multiple Files? The statement in question seems manifestly a matter that is in some doubt, and that may be necessary to prove at trial.
Moreover, in that negligence is a legal conclusion, the essay school for a 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 that claim or cause of action in a subsequent suit. Doris' action in small claims court is thesis multiple files grounded in the same facts (destroyed tennis racquet) and sets forth the same cause of action as the one dismissed in the primary action herein. A directed verdict during trial seems both a final judgment and a judgment on the merits.
Conclusion : The action in 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 school children retailing so-called landscape rape accessories for latex thesis multiple files, four wheel drive and other off-the-road vehicles, quickly prospered and went public. Between 1999, when 100,000 shares were first sold over the counter, and 2001 the total value of RIPCORP (as the enterprise was affectionately known) shares, after two splits, rose tenfold to of my children forty million dollars. Flush with their success and invincible in their avarice, the Bottomline brothers led RIPCORP in the aggressive pursuit of profit wherever it might be found. The brothers held the chief executive positions in the corporation, as well as a majority of seats on essays the board of directors. They further owned thirty percent of the of my school, outstanding shares, by far the 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. In the frederick jackson thesis worksheet, fall of 2001 Meddle sought permission to inspect the of my school children, RIPCORP minutes and other records relating to the ski resort venture. Leo Tolstoy? When she refused to accede to the demand of the Bottomline brothers that she first divulge her intentions regarding the essay of my children, inspection, the brothers issued a directive limiting access to the books and records to persons cleared by them, and under no circumstances to Meddle or her representative. Thereupon Meddle brought suit in her own right and on behalf of RIPCORP against the corporation and the Bottomline brothers personally to gain access to the books and records, to block the ski resort venture as an ultra vires act, and for repayment by frederick jackson turner thesis worksheet 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 essay of my, directors, and failure to state a cause of action. Analysis At Wuhan? 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 essay of my school for a children, suit. 3) Meanwhile, the RIPCORP board passed a resolution providing for indemnification of the directors in the event Meddle prevailed, and purchased insurance to of phd at wuhan provide for same. Essay Children? Meddle immediately moved to quash these actions. How should the what is art, court decide the of my, motions under 1, 2, and 3 above? RELEVANT LEGAL PRINCIPLES FOR CORPORATIONS HYPO. Ultra vires acts €” Generally includes acts beyond the jackson turner thesis worksheet, purpose or powers of the corporation, and sometimes includes acts within the purposes and powers of the corporation, but performed in an unauthorized manner or without authority. Many jurisdictions now restrict ultra vires challenges to the following: 1) the right of a shareholder to school for a enjoin unauthorized corporate acts; 2) the frederick thesis worksheet, right of the of my for a, attorney general of the state to enjoin such activities; 3) the multiple, right of the corporation to recover damages from the officers and/or directors (present or former) responsible for the ultra vires act(s). Shareholder inspection rights €” Generally, shareholders have a limited right, founded in common law and essay of my school statute, to inspect corporate books and records which are relevant to leo tolstoy is art 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 of my school, least six months immediately preceding the demand; or 2) he is a holder of 5 percent of any class of 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 re application essays 3) the plaintiff shows in his complaint that he has demanded that the board of directors commence the action, or that there are sufficient reasons for not making the demand (e.g., the school for a children, board members are the defendants). Note that in order to minimize the possibility of derivative actions without merit being brought merely for nuisance value settlements or counsel fee awards, the corporation may require the plaintiff to post security for costs, unless 1) the plaintiff or plaintiffs hold at least 5 percent of any class of thesis for euthanasia, outstanding shares; or 2) the essay of my for a children, 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 puting paper the corporation, or a derivative action on behalf of the corporation, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is adjudged to essay of my for a children have violated his fiduciary duty of good faith and reasonable care in the circumstances. The corporation may purchase insurance to puting indemnify officers and directors for even the above judgments, providing no deliberate dishonesty or unlawful gain on the part of the officer/director is shown. MODEL RESPONSE TO CORPORATIONS HYPOTHETICAL. Preliminary Overview €” The three motions referred to by the essay of my, 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. Frederick Turner Thesis? v. Meddle, etc., or vice versa for for a, each motion (i.e., question). Objectives : [Somewhat confusing, as the sentence immediately preceding the motions reflects three ultimate objectives of essays, Meddle.
However, the objectives relevant to a Step One analysis and essay school for a children the question are implied in thesis, the three motions. Note that motion #1 also provides Movant RIPCORP's premises (!!). Whether the ultimate objectives will be achieved depends upon resolution of the of my children, motions.] 1) dismiss the frederick jackson turner frontier thesis worksheet, 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 essay of my 2, Meddle for 3. The motions themselves, especially the first, point to overriding premises. What? In that a court may dismiss all or part of a suit, each premise must be considered in essay of my school for a children, 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 analysis.] 1) Lack of re application, standing, failure to first make a demand on the board, and failure to essay school children state a cause of action respecting each of Meddle's three objectives = potentially nine discussions. but probably not.
2) [Must refer to relevant portions of corporations toolbox.] The law [Noted in toolbox only. Thesis For Euthanasia? 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 essay, such a suit. Step Three €” [The motions seem more or less equivalent in statement for euthanasia, weight. Given the of my school, complexity of the statement for euthanasia, relevant premises noted in Step Two, the essay of my school for a children, effort necessary for paper, a Step Three analysis seems needlessly duplicative of the analysis to be performed in of my school children, writing the actual response. Frederick Worksheet? 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 of my school for a, not proceeding chronologically. Lack of standing/failure to state a cause of citation analysis of phd thesis at wuhan, action. Generally, a shareholder may sue the corporation in her own name to for a enforce her rights as a shareholder, and/or on behalf of the latex thesis files, corporation to essay of my for a children procure a judgment in favor of the corporation.
Inter alia, the puting together, latter derivative action can be maintained only school for a, if the plaintiff is a shareholder when the action is brought and what is art when the alleged wrong to the corporation occurred. Meddle (M) is currently a shareholder, and has been since long before the essay for a, ski resort venture. Generally, shareholders have a limited right, founded in common law and frederick jackson turner frontier thesis worksheet statute, to inspect corporate books and records which are relevant to of my children a proper purpose. Courts will determine whether a purpose is thesis statement for euthanasia proper. A shareholder may examine the stock book and minutes of stockholder meetings on demand if she has been a stockholder of essay of my school for a children, record for at least six months immediately preceding the demand; or she is a holder of five percent of any class of outstanding shares. M's 100 shares, presumably grown after 'two splits to 400, constitutes much less than five percent of any class of 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 jackson frontier, an unauthorized manner or without authority may properly be challenged by shareholders. Moreover, the corporation may recover damages from the officers and/or directors (present and former) responsible for the ultra vires act(s) . Given that RIPCORP's stated corporate purpose is to manufacture and retail accessories for off-road vehicles, the essay of my children, Southeast Asian ski venture (Venture) has the appearance of an ultra vires act for which damages may be sought. Failure to leo tolstoy essay first make a demand on the board. Another requirement for maintaining a derivative action is that the plaintiff demand that the essay school for a children, 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 seats on the board, thereby satisfying the thesis at wuhan, 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 of my, any class of outstanding shares, or the value of their shares exceeds $50,000. M's 100 shares constituted but 1/10th of one percent of the 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. Thesis? However, M has been a shareholder since the very beginning of the corporation, and, as set forth, supra , a challenge to the Venture seems hardly without merit. School For A? [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 exception, and the policy justification underlying the security requirement seems utterly lacking, it is unlikely that a court would permit the corporation to statement impose this financial impediment. [Note the use of the policy underpinning as a basis for a counterargument.] Generally, a corporate director (or officer) may not be indemnified against a judgment obtained against him in a direct action by the corporation or a derivative action, or for amounts paid in settlement thereof. The director may, however, be indemnified against expenses of defending the action, unless, inter alia, he is essay school for a children 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 multiple files 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 behalf of RIPCORP, and a judgment obtained in this respect cannot be indemnified against. The facts are unclear about whether the essay of my school for a children, resolution indemnifies against expenses of defending against the action. Jackson Turner Frontier Thesis? Assuming, arguendo , that it does, the inherent improbability, indeed inherent folly of the Venture, coupled with its seeming obvious ultra vires aspect, strongly suggests a violation by the directors of their duty to exercise reasonable care, if not a violation of of my school for a, their duty to act in good faith.
However, given that RIPCORP appears to have been engaged for some time in a pattern of divers schemes wholly unrelated to its stated purpose, it is unlikely that a court would be willing to take judicial notice of such a conclusion so early in latex thesis multiple files, 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 of my for a any portion of the resolution that purports to indemnify against judgments obtained on behalf of the corporation, denied as to portions that indemnify against judgments obtained by M, and citation of phd thesis at wuhan 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 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 of my children bequeath the rest, residue, and remainder of my estate to my faithful companion, Z. In 1998, having fallen out analysis of phd 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 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 essay children, which he increased the legacy to Y to $150,000; and in all other respects he ratified, confirmed, and republished the 1994 will. T died in 2001. Latex Thesis? In a probate proceeding the evidence established the following: 1) Although sober when he made the essay of my school, codicil in analysis of phd, 1999, T was drunk out of his mind when he executed the 1994 will. 2) T sold Swayback to a syndicate in essay of my school, 1997 for $200,000. 3) Inadvertently in 2000 T, falling asleep at his desk with cigarette in hand, set fire to jackson frontier worksheet some papers.
One of the papers destroyed was the essay of my children, 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 essay what, several witnesses to T's execution of the 1994 will. Discuss the rights of the various parties in of my children, terms of thesis at wuhan, who takes what from school for a children, T's estate. RELEVANT LEGAL PRINCIPLES FOR WILLS HYPOTHETICAL. Ademption €” Occurs when a specific legacy (defined below) is not in existence or not in of phd at wuhan, the possession of the testator when he dies (because, for essay of my school for a, example, it has been sold or given away). When an ademption occurs, the legatee takes nothing. Death of a beneficiary €” A disposition to together paper 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 of my school, stirpes . Disposition of thesis for euthanasia, estate €” Shall be in accordance with a decedent's last will and 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 fact that the will so republished may have been invalid for want of testamentary capacity at the time of making. Revocation €” As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the of my school, testator's property, shall be deemed to of phd thesis have revoked the prior will by implication. A will may further be revoked by means of of my school, 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 a particular, individualized chattel, differentiated from analysis thesis at wuhan, 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 essay of my for a children 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 take from re application, 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 school for a, 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 will or codicil upon essays which he bases his claim is valid and controlling. Each will likewise seek to defeat a competitor claim. Legal precepts governing testamentary disposition set forth in essay of my school for a children, my wills toolbox will come into 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 premises/discussion.] Step Three €” [Having declined to set forth the essays, premises of the various parties in Step Two, I may as well go straight to the response. Of My School For A Children? My impression is that once the together, controlling rules are set forth, analysis will be relatively uncomplicated.] Ability of a per stirpes witness, S, to take may be an interesting discussion. Preview of a logical sequence of discussion €” Resolving which instrument controls seems the obvious first step. Therefore, beginning with B v. Essay Children? Z would seem to make sense. B and Z's rights [This label conforms to the instruction. B v. Z might confuse. But I'm thinking B v. Z!]
As a general rule, a subsequent will that is entirely inconsistent with a prior will, or a later will that makes a complete disposition of the testator's property, shall be deemed to 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 essays, 1994 will and Z's legacy. However, a properly executed codicil to a revoked will operates as a republication of a will that is, in form, properly executed. This is so despite the fact that the will so republished may have been invalid for want of testamentary capacity at the time of school, 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. There being no evidence to the contrary, the citation analysis of phd thesis, fact that T in executing the school for a, codicil accurately recited the nature and extent of his property and recognized the natural objects of his bounty will establish his testamentary capacity in making the codicil. Although a will may be revoked by thesis multiple files means of physical destruction , such destruction must be accomplished with the for a, intent and for the purpose of revoking the will. The circumstance that the original copy of the codicil was destroyed inadvertently in 2000 is thus of of phd thesis at wuhan, no avail to B. Conclusion : The 1998 will is revoked, and B takes nothing. Essay? Z takes the rest, residue, and remainder of T's estate under the 1999 codicil that revived the 1994 will.
An ademption occurs when a specific legacy (i.e., a bequest of a particular, individualized chattel, differentiated from all other articles of the same or similar nature) is re application essays not in existence or not in the possession of the testator when he dies. When an ademption occurs, the legatee takes nothing. The racehorse, Swayback, appears to essay of my for a be such a particular, individualized chattel. In that Swayback was sold prior to T's death, the republication of the 1994 will is of no avail to X. Conclusion : X takes nothing from T's estate, as his legacy has adeemed. A disposition to a beneficiary who predeceases the testator ordinarily lapses. By statute in many jurisdictions, however, dispositions to beneficiaries who are issue or siblings do not lapse, providing such beneficiaries have surviving issue. 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 the 1994 will, implying that more than two persons witnessed the will. Therefore, presumably two other witnesses exist to turner frontier thesis worksheet prove the will in probate. NB: Arguably S should be permitted to take under the 1994 will per stirpes, even were he one of only two witnesses to of my school the will. The rationale for not allowing a witness necessary to probate to of phd thesis at wuhan take under the of my school, will being probated is multiple presumably the conflict of interest posed. The reliability of school for a children, a witness with a vested interest in having the will probated is compromised. Y, however, not S stood to puting take under the 1994 will. Had there been any consideration of Y predeceasing T, and therefore S taking, S probably would not have been asked to witness the will. Of My School For A? However, it could also be contended that that was then, and frederick frontier thesis now S does have a compromising vested interest. [This latter paragraph is not necessary. However, it demonstrates the kind of interest and thoughtfulness that may catch a professor's attention and garner an A. Possibly it should be highlighted in some way, perhaps with a red star.
I might even decide to put it on the blank page left at the beginning. (See p.75.)] Conclusion : Y, having predeceased T, will take nothing. However, Y's intended legacy will go to essay of my for a the son, S, per 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 is art actual exam and model response sent to us by one Richard Townley, Sr., U. Memphis class of 2009E (evening division). Essay School Children? The exam was given jointly to two first year classes by multiple their professors. Richard ordered the essay of my school for a children, audio CD version of LEEWS. His is the verbatim model response offered to students — with professor comments! — as what was wanted. His response received the analysis of phd thesis, 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. Of My For A 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 essay what presenting balanced lawyerlike analysis. . What is surely wanted when confronted with a task such as what follows is a system whereby in essay of my school for a, structured, step-by-step fashion, the examinee knows exactly what is wanted and how to leo tolstoy what is art proceed and present. For example, a LEEWS grad will immediately skip over the confusing fact pattern to the question/instruction, typically at essay school for a children, 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 merely introducing an issue statement before each paragraph, and essays 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. You are responsible for following them to the letter and essay children will be assessed a point penalty or given a failing grade for failure to follow instructions.
Before you begin work on this examination, be sure that you have an examination booklet consisting of 8 consecutively numbered pages -- beginning with this page. 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 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 thesis, course, confer with or receive assistance from for a, any other person.
Your answers for Part I should be written on the paper provided. Be sure to identify clearly which subpart you are answering (e.g., I. Jackson Turner Frontier Worksheet? A.). When you have completed your answers to of my school children 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 proper grammar and spelling. 2. If a court rule or a statute is analysis of phd thesis at wuhan relevant to a problem, you may identify it by number, but you must discuss its substance whether or not you mention the rule or statute by number. 3. Write on only one side of a page and leave a left margin. Write your identification number in the space provided on essay of my for a children the answer sheet for Part II and mark the appropriate corresponding circles on together a research your answer sheet to children indicate your examination number. Do not staple the answer sheet for Part II to anything.
Submission of Exams -- General Instructions When you have finished the examination, place your answers to Part I, your answer sheet for Part II, and the exam booklet in citation analysis of phd thesis at wuhan, the separately designated boxes. All examination booklets must be turned in. You must write your identification number on this exam booklet at of my for a, the top of the first page and return the booklet in order that your exam answer sheet may be matched with the correct version of the answers. Do not write your name on anything. For this examination, unless we have specifically studied to the contrary, you should assume the following: 1. all states have adopted rules of civil procedure identical to together a research paper the Federal Rules of Civil Procedure; 2. School For A? all states have enacted statutes that authorize the exercise of jurisdiction on each of the traditional bases recognized by the Supreme Court up to the date of its decision in International Shoe;
3. Latex Multiple Files? 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 essay of my school children, contracting. X.C.A. § 2-2-222: In any suit brought in the courts of re application essays, this State, service of process may be achieved by of my school children sending a summons and essay what is art 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 associate attorney in a law firm.
Respond fully to the following memorandum from essay of my school for a children, one of statement, your employers. €śI Quit€ť is not a recommended answer. To: Associate. Re: First Commercial Industrial Bank v. Of My School Children? Isolde. Date: Dec. 11, 2006. [Fact pattern (hypo)] Tristan and Isolde are partners in essays, a furniture repair business. Their shop is in the State of Swabia where most of their customers are from. Sometimes people from the essay of my children, nearby States of essay, 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 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. Essay Of My School? He decided that Tristan and Isolde had a promising business and that the for euthanasia, bank would do well to procure their business. Essay For A 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 citation analysis thesis, paperwork at their shop. On August 15, 2003, Tristan and Isolde signed the essay for a children, loan papers at puting, their shop and Tristan immediately took them to First Commercial€™s main office, located ten miles away in the State of Prussia. First Commercial then gave them a check for $150,000 minus closing costs of approximately $5,000. Essay For A? The loan agreement provided that its interpretation and validity would be governed by the law of latex multiple, Prussia and essay for a that it was to be repaid in two years. Due to financial difficulties, Tristan and multiple Isolde made only two payments on essay school children the loan. When First Commercial threatened to sue them, Tristan settled the bank€™s claim against analysis thesis him for school, $50,000. First Commercial then sued Isolde in the United States District Court for Prussia to collect the jackson frontier worksheet, unpaid principal and interest.
First Commercial€™s attorney served Isolde with process by registered mail, return receipt requested, to school her at the shop in latex, Swabia. On May 15, 2005, after Isolde failed to respond to children the complaint and summons, the court entered a default judgment against her for $100,000. Re Application? On December 1, 2006, First Commercial sought to register the judgment against Isolde with the United States District Court for essay school children, the District of latex multiple files, Swabia. In conjunction that proceeding, First Commercial procured a writ of garnishment, attaching $10,000 that Isolde had in a bank account in Swabia. Of My For A Children? First Commercial also procured a writ of garnishment from the essay what, federal court in Bavaria, attaching a $5,000 debt owed to Isolde by one of her customers there. [Question/instruction] We represent Isolde. Please submit a memo to of my for a children me discussing fully whether Isolde has any defenses she may raise to the enforcement proceedings in Swabia and of phd thesis Bavaria. Be sure to essay discuss fully any possible defenses that you may have considered and frederick 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. For A? 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 her hospital bed with a another copy of the summons and complaint for the same lawsuit. Given that she was served while in frederick frontier, the state, it now seems to me that the judgment of the federal district court in Prussia against Isolde is unquestionably valid and is enforceable in essay children, both Swabia and Bavaria. Please discuss fully whether you believe that assumption is valid and whether the service on Isolde in the hospital establishes jurisdiction. The discussion below is latex thesis a verbatim copy of a student€™s essay that received a top grade.
Commentary by Professors Banks and Entman appears in essay of my children, brackets. . [LEEWS note: We reprint this commentary in blue.] LEEWS NOTE: “IRAC” (merely a formula for organizing analysis of an issue) prescribes a statement of I ssue to precede the statement of R ule, and the discussion ( A nalysis). (And C onclusion at the end.) The LEEWS paragraphing format posits that an abrupt statement of premise (relevant law) to begin a paragraph implies the issue, making a separate statement of issue unnecessary (thereby saving time). Richard's model response in thesis, LEEWS format does this. Our only suggestion is that underlining or boldfacing key words in of my school for a, the preamble of 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 claims as outlined in Article III of the for euthanasia, US Constitution and as authorized by Congressional Statute. First Commercial will argue that the US District Court has subject-matter jurisdiction to essay of my for a children hear this case based on what the diversity of citizenship of the parties. First Commercial is a citizen of Prussia. Isolde has been living in Swabia for one month. [The facts do not give sufficient information to know how long Isolde had been living in Swabia at the time First Commercial filed its complaint, which is the essay school, 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 latex thesis, Swabia for more than one month, but not the school for a children, 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 thesis 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. Essay School Children? However, if Isolde is found to have relocated to Swabia with the re application essays, 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. Of My School Children? [Please do not use abbreviations, including this one.] This action could not be brought under €śfederal question€ť jurisdiction because breach of contract is latex thesis multiple a state common-law claim. Therefore nothing in the plaintiff€™s complaint arises under the Constitution and laws of the 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 essay of my school for a Swabia with the intent to stay indefinitely, so the District Court in Prussia probably did have subject-matter jurisdiction. Personal jurisdiction.
In the alternative, Isolde can argue that the rendering court in Prussia lacked jurisdiction over the person. Because this has not been litigated, it can be raised on collateral attack in thesis, the enforcing court. [We would have preferred a discussion at this point that specifically points out that Isolde never even appeared in the first action. Most of you could have improved your answers by making better use of the facts to support your analysis. The reason Isolde can raise personal jurisdiction on collateral attack is school for a because she did not appear at all in the original action. Since she did not appear, there is of phd no reason to for a children discuss Rule 12.] First, Isolde will argue that there are no traditional bases for establishing jurisdiction over her in Prussia. 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 jackson turner frontier, if the state court could do so.
Isolde was not served with process with Prussia, so transitory [transient?] jurisdiction does not attach. Because it is necessary that she be domiciled in school for a children, 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 thesis statement, contract included a choice-of-law provision applying the of my for a children, laws of Prussia to possible disputes, that is not the same as a consent provision. [A surprising number of essays, students referred to this as a forum selection clause. Essay Of My School? At least one student referred to turner frontier thesis it as a forum selection clause in 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 school sloppy reading of the essays, facts but they are also a strong indication of a serious lack of of my school for a, preparation. Failure to devote sufficient time to essay what is art study of the assigned materials frequently manifests itself in a person€™s demonstrated obliviousness to important distinctions. Essay? Others simply didn€™t know what to do with the fact, thus reflecting a failure to study the Burger King opinion and to puting pay attention to our class discussions of it.] Statutory basis.
First Commercial will argue that the long-arm statute conferred specific jurisdiction over Isolde on the basis of the of my school children, first of the enumerated acts: €śa) transacting any business within the State.€ť The claim for relief, the $100,000 breach of contract, arises from the defendant€™s act of thesis statement, entering into the loan contract, which First Commercial will argue was executed on Tristan€™s delivery of the children, loan documents to the Bank€™s main office in Prussia. Puting Paper? Isolde will counter that her act was signing the documents, which took place at the furniture shop in Swabia. This is a valid argument so long as the court reads the statute literally and narrowly. However, if a court interpreted the statute broadly (See Gray v. American Radiator) it might find that the statute reaches the out of state act, the signing of the essay for a children, contract, which causes an in state result, the execution of the contract. [It is probably not necessary to stretch the construction of the essays, statute as the court did in Gray to hold that it confers jurisdiction, given the essay for a, facts of this problem. Turner Frontier Thesis Worksheet? 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 of my school for a 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 statement that Isolde signed the papers or speculate that she may not have read them.
There is simply no basis in the facts for speculating that Isolde didn€™t know what she was signing. Frederick Jackson? Indulging in speculation that she might not have reveals desperation.] Constitutional Standard. Of My For A? The Fourteenth Amendment to the US Constitution provides that no state shall deprive a citizen of thesis statement for euthanasia, life, liberty or property without due process of of my for a, law. The U.S. Supreme Court defined the due process standard as it relates to imposing personal jurisdiction on an out of state defendant in leo tolstoy essay what, International Shoe: jurisdiction is constitutional only of my children, if the cause of puting together paper, 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 essay of my for a children, long-arm statute is sufficient to provide a statutory basis of for euthanasia, jurisdiction over Isolde, would such jurisdiction be constitutional under the Shoe standard? [While it is essay of my for a children implicit in latex multiple files, 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 a third party, Tristan. Essay School Children? Therefore, Isolde did not purposefully avail herself of the privileges of conducting activities in the forum, Prussia. First Commercial will counter that Tristan and Isolde were operating together to secure the loan. They reached into the forum when they called First Commercial.
Isolde knew that Tristan was taking the latex files, documents to Prussia, [run-on sentence, a sin committed by many students in these essays] therefore it was imminently [eminently] foreseeable that the contract would be executed there, and she could reasonably anticipate being haled into court in Prussia over any disputes to essay for a children the contract. (See Denckla, Worldwide VW). While there are some open questions regarding minimum contacts, the facts seem to citation analysis of phd thesis favor First Commercial. In the essay of my for a children, 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 thesis for euthanasia, relative burden on Isolde compared to for a the interest of First National in litigating in Prussia, it does not seem unfair to require Isolde to travel to a nearby state where she lived most of her life and where she sometimes appears to give lectures. The interest of the forum state in adjudicating the dispute would be well served because of the choice of law provision; Prussia has an interest in adjudicating its own laws. The interest of the several states in efficiency and public policy do not seem to enter the picture, so the fairness factors do not point to Prussia as an unfair forum for Isolde. Conclusion. Although Isolde has some colorable arguments, she probably cannot invalidate the original judgment on a defense of lack of 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 process in the enforcement proceedings in Swabia and Bavaria. Leo Tolstoy What Is Art? Such discussions reflect a lack of knowledge of our classwork on essay of my Assignment 27, a failure to read the Shaffer v. Heitner opinion carefully, and a failure to study the problems following that opinion in the casebook.]
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English Essay on Our School for Children and Students - Class Notes
The big problem with big words (hint: they make you look stupid) Using big words makes you look stupid. Even if you use them the right way, people will think you aren’t as smart as someone who uses smaller words. And new research from Princeton confirms it. I go over it in essay of my, this new video. Be Careful Using Big Words – Here’s Why.
Why should you care about something so trivial? If you’re looking to convert browsers into buyers, you’ve got to citation analysis thesis, build trust and credibility. Essay Of My School Children. Now imagine how hard that would be if people think you’re an idiot… As Mark Twain once said, “The difference between the almost right word and for euthanasia, the right word is really a large matter – it’s the difference between the lightning bug and for a, the lightning.” Well, according to this new research, it would seem that the multiple files RIGHT word is the essay of my smaller word. To get the analysis at wuhan full story, watch the video. I fancy myself a wordsmith. That’s why you’ll never see me use words like utilize, synergy, feckless, or any other pompous word. I’ve always railed against people who use big words for the sake of using big words. But now, I’ve finally got research that allows me to tell these people:
Listen up you big dumb idiot: Using big words HURTS you. And I’ve got research from Princeton that proves it. Speaking of which, I’m Derek Halpern, the of my founder of Social Triggers. And in this video, I’ll show you how using big words can make you look stupid. Let’s get all scientific. Princeton researchers ran three experiments: In the first experiment, they wrote admissions essays. The first was an original essay.
The second, a moderate-complexity essay. And the frederick jackson frontier thesis worksheet third, a high-complexity essay. How were these essays rated? The simple essays were given higher ratings than the of my for a moderately complex ones, and the moderately complex ones were given higher rating than the essays highly complex ones. Or in other words… Using big words can KILL your chance at attending college. Use big words and school children, you’ll suffer the puting together consequences. In the second experiment, they wanted to control for content. Of My Children. So, they found foreign texts.
In one scenario, they created a simple translation. In another, they created a complex translation. Once again, the more complicated vocabulary negatively influenced raters’ assessment of the text. And this was found regardless of prior expectations of the author’s intelligence. Or again, in other words: using big words makes people hate you. Want to Know How to Email Influential People (And Actually Get a Response)? Download this free eBook to get the word-for-word scripts you can use to do exactly that. And finally, in the third, most telling experiment, here’s what happened: Researchers got together some research. And they took the first 144 words of that research.
In one case, they left it intact. Re Application. In another case, they replaced all words with nine or more letters with its second shortest entry in the Microsoft Word Thesaurus. They then had people rate the excerpt. When people read the for a less complicated version, the what is art people reading it assumed the author was more intelligent than when reading the more complicated version. The data is clear. Using big words makes people think you’re stupid. Stop using them. Now, here’s what’s great about this video:
Even though I focused in on how using big words makes people think you’re stupid, it’s also a proven WALLET CLOSER. When you’re in business, you might be tempted to essay, over describe what you do with complex language to citation of phd, make it sound like you’re a badass. But people don’t buy what they don’t understand. So, using big words makes you look stupid. Of My Children. And it also takes money you rightfully deserve right out of your business. So, don’t use them. Now I have a question for you: What big words do you see people use that they should eliminate from puting a research paper, their language? What would you replace them with?
When I went to the vet to get my dog neutered (I had to essay, because of latex files a condition he had), the of my school for a children vet made a mistake that made me think she was stupid. Puting. I did a video about school for a it here. So, leave a comment below this video. I send out videos just like this each week and you won’t want to thesis for euthanasia, miss them. Join OVER 200,000 subscribers. Some words are too big for somebody to of my school children, even remember after 5 seconds.I would rather desist from using such words.
I totally disagree with this article. I think it’s your ego underestimating the average person’s intellegence. Turner Worksheet. Just because someone doesn’t use large words, it doesn’t mean they can’t understand the meaning of them when you use them in a sentence. I understand the average person can’t keep up if you were to use 5-10 large words in every sentence but throwing one or two in, most people can figure out what they mean or can recall their meaning, even if they previously forgot about it. If they cant, AND they don’t ask you the of my school meaning, then they’re probably too stupid to essay what is art, make a judgement on of my school, your intellegence anyways.
Me, personally, sometimes I feel there’s no other words or group of words that can get my point across or be able to describe something in enough detail to ensure the recipient can get as close an image as what’s in my head without using some bigger, more descriptive or more finely tuned words. Ryan I like what you say and latex files, I agree. I agree with you Ryan, sometimes when you have to explain a certain aspect of for a children a situation, it is better to use a more complex word to better articulate the meaning. Take Greek for example, there are many words that means love(e.g. Love meaning brotherly love vs intimate sexual love), but all mean different type of love. Which has drastic effects on the meaning of the sentence. Similar to “said,whisper, shout” each has a different connotation and thesis, can change the tone/meaning completely. I forgot to add that using big words can significantly reduce the amount of school for a words you use and thus, the together paper amount of time it takes your readers to get the jist of essay school for a what you have to say. ie. Leo Tolstoy What. “make a judgement” could be simply put as “guage” if i were to proofread my own comment. smart = knowing many things.
smart aleck = knowing many things + *needing* to show people you’re smart. wise = knowing many things + making it easier for essay of my for a people to understand. The point isn’t to avoid using *any* big words. The point is to avoid using *unnecessarily* big words, when smaller words still get the *idea* across. “If you can’t explain it simply, then you don’t understand it well enough.” – quote (mis)attributed to Albert Einstein. Honestly what I got from essay, this was don’t use big words because other people will think something about you. Or in essay of my for a children, other words; Limit your vocabulary in order to avoid appearing pretentious in the eyes of individuals who may be projecting their insecurities onto you.
There’s a difference between assuming and being knowledgeable and if you’re on the assuming side you’re not trying to spread knowledge, which is a valuable commodity in any circumstance, just make yourself feel better. “Why would they use a word I don’t know? They must be trying to sound smart in front of what is art me.” Vs “I know they used that word wrong, let me correct them.” Yeah, you nailed it better than me. This article was stupid, but the title drew me in to see if the author could come up with any valid points to essay of my for a, his argument.
He didn’t. I think the multiple files point is of my school for a using the right word. Not the case, if you read the a research paper article and this part then you can see the point was not that people who use more “big” words often mis-use them. For A Children. The Mark Twain quote can make one think that is the point of the author, but ’tis not his intention. AS you can see form the part: “Well, according to this new research, it would seem that the RIGHT word is the is art smaller word.”
So basically the idea is he is saying the average person has a small personal vocabulary and when they hear a big word that is of my school children unfamiliar to them, then they become confused and unable to follow a person’s statement. A this point, they decide that a person dumb if they don’t understand them. Its a paradoxical thought process, but one I feel is legitimately the norm on leo tolstoy is art, our society. Maybe it is the school lack of humility and of phd thesis, inability for people to realize they are not as intelligent as the believe. Of My School. So once they are confused, they automatically assume it is not because they can’t grasp the information, but because the information is being given by some one not smart enough to convey the message. Capiche? I constantly see this problem with students. I am currently doing an online degree and seriously some people put too much effort in their words, it not only makes them look pathetic but when an instruction has been given to write just a certain amount of words I think you should do what it says. I don’t know if they want to impress the teacher or what? Or to show that they have read a lot? My ass!
It might be the age I don’t know, but for example I just read what one classmate posted and didn’t even finish reading it cause it was like a 1000 essay, this kind of people I think would be the less suitable to essays, sell something online. They need to get a life #128578; The funny thing is that ‘this person’ doesn’t even have a job. I think now I understand why. Essay School Children. Lol.
Whenever I hear the word, “stakeholder,” I visualize an leo tolstoy is art, assistant Vampire Killer. Words often distill abstract or complex ideas into just a few syllables. If used appropriately, they can paint an elegant picture with minimal waste. Like any composed work, an essay can be over-engineered, but it can also be beautiful and precise. I think the most important message is the of my for a children *responsible* use of sophisticated words rather than their outright avoidance for fear of sounding stupid…….. You’re either ironic or dont get it. Re Application. I believe you to be ironic. You made a comment in a way that made me not like you. Essay. I understood all the words you used.
So I like you now because you made me not like you on purpose right? PS. The video incorrectly assumes people think others are stupid for using “big words”. The logic should be that people like others for puting being able to essay of my for a, communicate at an easily digestable rate. The three tests by essay is art Stanford showed who was chosen over essay of my school, an other. The logic would follow that people choose what they understand and people like those who aren’t pompous. It is citation thesis not about the of my writer’s intelligence. Your comment is frederick jackson turner frontier thesis quite eloquent and well written which I appreciate on a more artistic level. Children. But you do a good job at making me not like you.
So kudos to you for placing this gem here. -trolling ’cause it’s 5am and I need attention and I just read something about how people don’t like overly happy people. Then the overly happy people compared themselves to cronically depressed people at the opposite end of the spectrum. Talk about stupid. Anxious shouldn’t be used, I have a friend that said to me I’m Anxious on seeing you, Anxious meaning is depressed, worried, I believe that’s the puting together a research paper meaning of anxious, I was up set , if she’s trying to make a point. Just say inLayman terms. I don’t think it means depressed, more anticipating t c you. Could b in a good way. I think that, without realizing it, his advice really only applies to a very particular audience. Essay School For A Children. I don’t think it’s a matter of his advice being wrong, I think it’s a matter of his advice being directed at statement, all people, in general.
I think the truth of the matter is that, the research really only shows that big words that are used unnecessarily create the impression of of my school for a children someone being less intelligent. As they did in their study, where they lengthened words just for the sake of lengthening words. Re Application Essays. I believe the essay for a children real issue is when people who truly do not have a handle or a deep understanding of the words they are using, try to use them anyway, and end up in advertently using them at inappropriate times, and in inappropriate ways. i have read a lot of citation analysis comments on Derek’s post and clearly those disagreeing with Derek have no idea on how to copy write to sell products – the best book on essay of my children, copy writing is Cashvertising and Derek’s views are 100% aligned with Cashvertising! I would bet good money that those criticism from this post never netted 1m plus in profits life Derek has! ameliorate is a douche bag term used by try hard wankers. I have limited “big words” in my vocabulary, mainly because I don’t understand the rest. This video clip may have its points and winning arguments, but purely because there is no one challenging this guy. I usually kick back and laugh while watching these guys show off their “big boy words” with sentences like “I am smart because I read a lot and re application, I have a lot of articulate things to say because i am smart” and then make videos about smart dumb people..
This video really discourages people to read and educate themselves and practice english amongst colleagues, friends and family without judgement of for a children course. Latex Thesis Files. If you’re going to essay of my children, use “big words”, use it to use less “small words” rather than replacing a perfectly fine “small word” for a 10 syllable “big word” to feel edumacated… A worse word than ‘utilize’ is LEVERAGE. Paper. I have a co-worker who uses this word about 10 times a day in conversation and email. It annoys everybody! “Let’s leverage that code to the new project”, “I’m going to of my school, leverage that email in the meeting”, etc. Annoying as hell. Maybe he is jackson turner frontier worksheet annoying cos he uses the word LEVERAGE in a “not-so-appropriate” context but I think the word leverage sounds more calm, gentle and less noisy in of my school for a, pronunciation as compared to statement for euthanasia, the word UTILIZE. None of the of my research mentioned in this video indicates that using big words makes people think you’re ‘stupid’.
It only means people have a distaste for thesis sesquipedalian writing. And when the papers were written with the intention of being so, and of my, not with intention of latex files using the right word at the right time, this is to be expected. What the research indicates here is people feel threatened or simply become frustrated when they are confronted with words they may not understand. I would do a similar study, asking the subjects to read over the works of early 20th century and contemporary writers. I would then see which writers they thought sounded more intelligent and essay of my for a, with that, I’d expect a totally different conclusion.
There’s a difference between being ostentatiously sesquipedalian and being eloquent. Trust me. Citation Analysis Of Phd Thesis At Wuhan. Nobody – anywhere, under any circumstances, is threatened by the use of a word like ” sesquipedalian”. It makes the writer look desperate to of my school for a, impress and lacking command of language. (Not a single other word was more succinct, fit the puting a research paper rhythm of the sentence? And you had to use it TWICE?) Bottom line : If you can’t write clearly, you sound dumb. Doesn’t matter if you really aren’t. School Children. Doesn’t matter if you know many polysyllabic words. The reader lent you their ears, and you made a an awkward, self-conscious attempt to impress them rather than communicate. Of course, they do.
They’re college students! You’re assuming that the test subjects were all literate and enjoyed reading. Sometimes the right word, Mr. Twang, IS a big word. So much for your research. And your misleading title, as well. Actually big words written by leo tolstoy essay what writers can be well crafted and make sense in the right situations! Why do we try and downplay ones intelligence? If you use the words in the proper context, it doesn’t make you look stupid. Eloquent use of school children langue should be considered a good thing.
Education and intelligence should never be degraded. Stupidity should. And thus we have generations of dumb ass people. A perfect example of a person trying make herself look smart! Well done stranger. Please stop saying. ‘reach out’ when you really mean “I will get in touch with you”. Please stop saying “stakeholders”. No one cares what that means.
And most of frederick thesis all, please please PLEASE stop using the word “literally” so damn much. Well, “big” words used improperly, like any sophisticated thing, is an essay of my school for a, embarrassment. But to leo tolstoy, “dumb down” speech for the sake of perception, or acceptance is, at best, disingenuous. Words convey meaning. They are symbolic representations of ideas and essay school for a children, definitions, and each word that emerges in puting together paper, language has a distinct purpose. Culturally, some things or ideas have one or two words to represent them. Other things might need multiple words to express subtle differences in meaning. (For example, in certain Eskimo languages, “snow” has many different words to convey different types and contexts). Having said that, a “speech act” depends on context and contingency of school children audience. To drop “big” words into a conversation for the sake of “sounding smart” is akin to statement for euthanasia, a novice wrestler attempting a lateral drop throw. It usually ends poorly, and someone might get hurt. My pet peeve would be, without a doubt, the school children new ” affirmative” or “yes”…(drum roll, please)… ABSOLUTELY!
Why does no one say a simple “yes” or “ok” anymore? Ex. Of Phd At Wuhan. “Would you like your salad dressing on the side?” “Absolutely.” Aargggh! Isn’t that overkill? The masses have glommed onto this one which seems to run counter to the over-simplification discussed here. School. I also hate “organic” used to describe anything other than food. Artists seem to puting together paper, like this word and all I can think of is how they have incorporated carbon chains into whatever it is they’ve done. Perhaps they mean “earthy.” I’m not sure. For A. I like big words.
I like when smart people use them correctly. It gives me hope for mankind. I especially love hearing ten dollar words roll out in a clipped Londonese accent. It is music to my ears (I’m American.) I automatically tack on about 25 IQ points to the speaker. Frederick Jackson Thesis Worksheet. It’s especially healing after 15 minutes of any mind-numbing reality show. Sorry, I don’t agree. Essay Of My. People who have a big vocabulary and use the leo tolstoy words correctly will always sound more educated and essay of my children, just plain smarter to frederick, me.
Suspected education=better chance of being understood. Can we talk about the most commonly misused word in essay of my school, the WORLD? (I would think, seeing as how it even shows up on advertisements) It is thesis at wuhan my BIGGEST pet peeve when one uses healthy to describe a food. Ex. “Guys, I am eating healthy today- no pizza for essay of my children me!” or “This salad is really healthy for you” Healthy is a state of being. Is Art. HEALTHFUL would be the of my school for a children correct word in describing the nutritious value of puting together a research paper a food being beneficial to oneself.
I hate it hate it hate it. I hate it especially because it is essay of my used in advertisements and thesis, there is seemingly no attempt to correct this misuse. The best way when speaking to someone (in my opinion) is essay of my school speaking on the same level as them. Thesis Statement For Euthanasia. Same holds true for social gatherings. You present yourself as being no better than others. Always have confidence. However, I think their are certain times to of my school for a children, use big words when talking, but limit it to latex thesis multiple files, a few at essay school children, most…….Off subject: What would you think of frederick turner a hot Sicilian woman using big words in that language to school, describe the essays awesome sex your having, Derek?
I agree entirely, and its a great way to leave your audience feeling patronised. This was a very cromulant video. “Soteriology” replaced with it’s definition, “the doctrine of salvation”. That’s the only one I can think of that stands out. School For A Children. Seemed ridiculous to me for anyone to use it.
It now makes sense from watching your video. Jackson Frontier. #128512;. Mike, your skin shouldn’t crawl. An object may have “utility”. If we “utilize” that object , we are “making good use” of its “utility”. On the other hand if we “use” it , we may be “using” it badly. It’s a subtle difference. Derek – you said my pet peeve “utilize” right at the top of your video and essay of my for a, I’m sure many others voted for it as well. I can’t think of where it would be better than just saying “used” (even though Ronnie Somerville above says that it’s not even the equivalent of latex multiple files “use”).
Every time I hear the word utilize casually dropped into for a, conversation…my skin instantly crawls. And…. utilize means “make practical and re application, effective use of” it is not the equivalent of use. What a lot of essay for a bollocks. I think Derek hasn’t read the research. The Princeton author himself uses words which Derek would seem to deem too “difficult”, such as: confounds (as a noun) The SIMPLEST of the English texts used words like:
And I think the comparison of the English texts was flawed. The technique was “every applicable word lengthened”. OF COURSE this is going to lead to thesis statement for euthanasia, a text that reads less intelligibly! The translations are from essay of my school children, Descartes 4th Meditation. The elephant in the room here is: Which one of the translations conveyed the meaning that Descartes, writing in together, Latin, intended? From Tweyman’s (1993) translation.
‘Many other matters respecting the attributes of God and my own nature or mind remain for consideration; but I shall possibly on children, another occasion resume the investigation of essays these. Essay. Now (after ?rst noting what must be done or avoided in thesis statement for euthanasia, order to arrive at a knowledge of the truth) my principal task is to for a children, endeavor to emerge from the re application state of doubt into which I have these last days fallen, and to see whether nothing certain can be known. regarding material things’. From Heffernan’s (1990) translation. ‘There remain to be investigated by me many things concerning the attributes of God, and many things concerning me myself or the nature of my mind. Essay Of My School For A Children. But I shall perhaps resume these things at essay what, another time, and now nothing seems to be more urgent (after I have noticed against essay of my school, what were to citation of phd thesis at wuhan, be cautioned and what were to essay of my school for a, be done in frederick turner thesis worksheet, order to reach the truth) than that I might try to emerge from the essay school for a doubts into which I have gone in leo tolstoy essay is art, the pervious (sic) days. and that I might see whether something certain concerning material things could be had’.
“People don’t buy what they don’t understand.” Oh wow, this post reminds me of idiocracy. Never stop learning big words, people. Essay For A Children. Learn what they mean, how to use them, and how to identify the audience to puting together paper, which you’re speaking. using big words just to sound smart is dumb. but don’t dumb yourself down because someone else is too dang lazy or stupid to look up what a vocable means. but yes, be sure you make sense to the person you’re selling to! I am of the opinion that synergize should be removed completely from the essay children English language. Why can’t we say “Collaborate”, or “Work Together”. At meetings, half the time I have to listen to drivel like, “We need to integrate action-driven synergies in thesis for euthanasia, regards to essay of my school, networking solutions .” WTF does that even mean. HTF did that person get a job.
WTF are they getting paid to talk? I think that using fancy words when simpler words are available is stupid. When you are communicating, your goal is to say what you want to say as clearly and efficiently as possible, and using complex language when speaking to latex, average people defeats that goal. Doctors and scientists use complex language and jargon with each other because it’s more efficient for them, but there’s no reason to speak that way when it’s not completely guaranteed that your audience will understand. I treat long, complex, or infrequently used words like candy, and sprinkle them here and there to make things delicious, but not sickening. Sometimes I use words like “Drivel” instead of “Nonsense”, because they add a good rhythm to a sentence and essay of my school, make it flow better. Other times, I use “Drivel” because when you put enough emphasis on the last syllable, it makes people laugh. Working at an online ad agency, we often joke about these words as well.
With that said, I’ve yet to citation thesis at wuhan, come up with an alternative work for Synergy! I can’t let it go! Great video but there is a question: Does using big words actually make you look stupid? Has the school children ability to understand the meaning of large words decreased?
(or are we just lazy?) Moot point because we are in the here and now but wanted thoughts from others. I think big words make the leo tolstoy writer seem oblivious, not stupid. It makes the sentence dense because your brain needs to unwrap these subtle words. Some people fall in love with the words, but it’s the thoughts that matter. From worst to best: 1. Poor thought, simple words – some people don’t have the for a children horsepower. 2. Poor thought, complex words – points for trying, ranges from sad to hilarious. 3. Thesis. Clear thought, complex words – This is being *lazy* for an intelligent person to for a, write.
Yes it gets the point across but your brain hates it. Additional problems because people you are trying to convince think you are being a fancypants. 4. Clear thought, simple words – This is the master level. The language gets out of the way. Advertising has simple, clear language because it helps my thought get into frederick jackson frontier, your brain. I agree with the disgust in buzzwords or whatever people use because they think it’s supposed to essay for a, sell a product. Authenticity is key, because being true to yourself and your words helps you connect with your listener. This is pretty much a given, and it’s a fantastic skill to be able to frederick turner frontier thesis worksheet, accomplish this effectively. However, I don’t believe in the value of ‘dumbing down’ your words for the benefit of an audience. Being a pompous twit is easily recognizable as a tryhard or eccentric, and essay for a children, is not recommended, but certain “big words” are spoken in leo tolstoy is art, day-to-day text that are acceptable in of my for a, regular conversation now and then.
To dodge using larger words so that your audience doesn’t feel stupid or think you’re stupid, just erodes your individuality. If everybody spoke the same simpler words, we’d no longer use language to jackson thesis, associate with the sort of sophistication related to school, education or integrity. It would also encourage disdain of lingual flexibility, such as appreciating foreign accents or individual quirks. You may disagree with me, but I believe there is some truth in files, this. Can’t agree with you more, Myufi! The great “dumbing-down” of of my school for a children America. Seriously, who were the testers? And big words?
The comments show that people can’t even come up with any that are used. Most are misplaced and misused business terminology like synergy. Yet, it matters not, because the point was rightly made: marketing messages must be clear and concise and leo tolstoy essay what, informal, using colloquial words and even slang in some cases. Overall though, Americans are suffereing from essay for a children, seeming stupid because of an inability to utilize even small words to communicate correctly. Essays. “Where are you going to?” Repetitive and of my for a children, you sound stupid. “Where is the statement for euthanasia store at?” Ugh. Then Americans can’t even use who and essay school for a children, whom correctly. Essays. For some reason “to whom” is just too much.
Ridiculous. Essay School Children. This move to jackson turner thesis worksheet, lowest common denominator is bastardization of the language and is setting Americans behind in essay, the world. Yes, I am an American, one that has spent an re application, inordinate amount of time in England where they are not afraid of the loquacious. Brits have command of their language and are so adept that they use slang and polysyllabic words seamlessly in a sentence. Essay Of My School. I’m on a roll! Too much of America is indeed feckless. #128578; “Utilize” instead of “use” kinda grates on my nerves. “Plethora,” when not used tongue-in-cheek, is another one. What makes me really hurt for the speaker is essays when he uses a big word that sounds close to a big word that would make sense in essay, the context of what he’s saying, but the word he actually uses doesn’t mean what he thinks it means. Sorry if you already covered this in the video. Leo Tolstoy Essay What Is Art. I’m not able to listen to it right now, out of consideration for of my for a children others in the room. Definitely sharing this.
I don’t know if it’s the big word, or the pretentiousness, or just that it’s cliche, but I cringe every time I see the phrase “we provide turnkey solutions” on any business homepage. The one that drives me up the wall is a research ‘leverage’! I believe it has a valid meaning in the financial world (correct me if I’m wrong), but people are using it all over the place when the for a children word ‘use’ was, and still is, perfectly fine. “We need to latex, leverage new synergies to of my school, boost our sales.” That was an citation, actual sentence that I heard last week. I heard that sentence and I did not throw myself through our sliding glass door. I am very proud of myself for mustering the strength to not shout, “You mean we need to essay for a children, use teamwork to sell stuff!”
does using the word superfragilisticexpialidocious make me look like a jerk? LOL. Ever read Sally Hogshead’s FASCINATE? This video left me with a sense of discombobulation and escalated the qualitative plangency of the frederick jackson turner worksheet cognitive dissonance resulting from essay school for a, my vacillation as to the validity of your postulation, that the essays magnitude of the of my for a children locution will differentiate the injudicious person from citation analysis thesis, those gifted of erudition. I am indebted to your perspicacity that has precipitated my oooOOOOHHH Ouch Ahh… that’s better, thanks Derek… glad you got me out of that. Agreed, nothing better than reading simple words with direct meaning straight to essay for a children, the mind and heart of the essay what buyer. What’s 10 times worse than the of my school for a children misuse of big words?
Blog comments SEVERAL paragraphs long! I mean, who wants to read them? One might as well just pick up a book on economy and read that… In a word (or two-ish): drop-dead boring….. What were my teachers doing then? Thankfully I use far less of what they taught. As an architect our earnings are related to turner frontier thesis worksheet, how well we can talk and of my school for a children, convince the client. More often than not I end up simplifying a word I used because it is thesis at wuhan just not something that is not commonly used. When I write on my blog though I try to school children, keep it simple. How complicated can you make travel posts! In India it is of phd thesis at wuhan a common notion that the essay of my school children person who churns out puff-words knows more, maybe because English is not our first language.
While preparing my debate for thesis school events teachers would advise to replace words which i would never use in regular conversation. But the best response I had received was when i delivered in the most simple language possible. Didnot win that one! So what do you think will you be impressed with bigger words in another language you are not really good at or which is not your native language? Just before I started my Psychology degree, I asked a friend who was two years ahead of me if she had any advice.
She said: “Always write as if you’re writing for the layman” I’m convinced that taking this advice is the reason I did as well as I did (UK equivalent of magna cum laude), in of my for a, spite of spending most of my time running the leo tolstoy what student radio station! Really enjoy the videos Derek! I must say though, the conclusions drawn from the study and by many of the commenters are rather irksome. If someone is highly and of my children, unequivocally intelligent, I highly doubt the use of sophisticated language will make them appear dumb.
Others may feel dumb in re application essays, their presence, but that is another matter entirely. People like Stephen Colbert, Jon Stewart, Stephen Fry use sophisticated language and they are clearly intelligent people. I remember first reading Joseph Heller’s amazing classic ‘Catch 22’ and having to use a dictionary every third sentence. It didn’t detract from the obvious conclusion that the man was a genius. Use language appropriate to essay school children, your audience. And if you love the re application essays English language and the beautiful subtlety of meaning that it can convey, then don’t only hang out with people who insist on killing the word ‘loquacious’ by replacing it with ‘chatty’. I mean, come on! Agree with this concept entirely, with such evidence who wouldn’t – But I have to say I’m glad I’m not the only one who wondered if Utilise was really a big word lol. I guess to go into this a little further, did the children study of the re application reports etc… contain contain the word Utilise? Hashtags seem to essay of my school for a children, be all the rage nowadays. They seem to be the re application essays simplest nugget you can digest because they are typically single words or phrases, rather than sentences, mashed together.
And it seems like people like (for some reason) and understand them easier! This makes me think I should try to sprinkle some in, except I really don’t like hashtags that are substituted for for a children actual sentences. Is there a balance to leo tolstoy essay what, reach here? I keep a scrap of paper on the wall next to my desk. It’s a quote by William Penn, “Speak properly, and in as few words as you can, but always plainly; for the end of speech is not ostentation, but to be understood.” That was a profound broadcast that enlightened me about eliminating some of the more complex vernacular from my business strategy. Sorry, I couldn’t help myself. Great video. So instead of writing “Do you like to pursue your own inquiry into questions that intrigue you?” How about: “Do you like to for a children, follow your own way to research questions you are curious about?” I hate how the word “endorse” is so missused here in the Middle East. Latex Files. Westerners would know this word as meaning you agree with what is of my children being said and put your “stamp” of approval on it, but here it is used, instead of the simpler, and in my opinion more accurate description, hand-over.
Why are we “endorsing” patients? What does this mean? What you’re really doing is handing over this patient’s care from you to me. Even our electronic documentation, thank God, doesn’t use this word! Unfortunately a lot of ESL individuals feel they have to use a long word, no matter whether it’s right or wrong to make up for the fact English isn’t their first language, when in reality using short clear words have more impact. It is worth noting that since arriving here nearly 5 years ago I’ve had to remove most words from my everyday vocabulary that were three or more syllables because people here just didn’t understand them! One syllable is leo tolstoy essay what is art usually best! This was my favorite video, by far.
As a writer, editor, and Zinsser deciple, I am forever weeding out the ten-dollar words my clients cram into every other sentence. As you said, while they foolishly believe it’s helping, it’s hurting more than they realize. It not only makes them look pompous, but it also gets in the way of the intended message. Short words help us get to the heart of of my school things; they let us see and hear and feel what’s being written. Long Latin words only clutter and confuse. They are vague concepts relied on by the lazy. As Zinsser explains… “The English language is derived from two main sources.
One is Latin, the florid language of ancient Rome. The other is together Anglo-Saxon, the plain languages of England and northern Europe. The words derived from Latin are the enemy—they will strangle and suffocate everything you write. The Anglo-Saxon words will set you free. “How do those Latin words do their strangling and suffocating? In general they are long, pompous nouns that end in essay of my school children, -ion—like implementation and maximization and communication (five syllables long!)—or that end in -ent—like development and fulfillment. Those nouns express a vague concept or an abstract idea, not a specific action that we can picture—somebody doing something. Here’s a typical sentence: “Prior to the implementation of the financial enhancement.” That means “Before we fixed our money problems.””
Lincoln, E.B. White, Hemmingway, the authors of the Bible…true masters of writing like these and leo tolstoy what is art, so many more connect with us through words and sentences that are short, precise, and powerful. It’s easy to be longwinded; a skilled writer knows how to essay for a, say more with less. “Utilize” popped into leo tolstoy what is art, my head before I even finished reading your headline! In my experience, “synergy” is corporate speak for for a children “we’re going to jackson turner frontier thesis worksheet, f*** you over with even more unpaid hours.” I think I’d have felt better about it if they’d just said it plainly, LOL.
I don’t know if you can call this a big word, but one of my pet peeve made-up words is “reoccur” in all its forms (reoccurrence, reoccurring, etc.). It’s just recur (and recurrent, etc.). School. Argh! That’s fascinating that research studies proved that! It was my University education 10 years ago that indoctrinated (that’s a big word lol) to use Big Words. It’s taken 10 years to undo that and remind myself – keep it simple. Great Post Derek! #128578; I absolutely love the English language and essay is art, adore words that have a long flow to essay of my school, them… The real – and re application, sad – truth here is essay of my for a that the academic has to sort of ‘ dumb himself down’ and confine himself to a tiny vocabulary when speaking to of phd thesis, his audience… Derek, a big fan of your style of writing and content. Write from the of my school for a children heart and keep it simple.
Impress by the quality of words not the depth of your vocabulary. That’s mostly because the for euthanasia a person these days is not very academic. Essay Of My School. There’s nothing wrong with using so-called big words in the right crowd. ‘Utilize’ is not a big word… Perhaps one of the most loquacious videos I’ve ever consumed. Evah. To wit, a colossal and ostentatious vocabulary is not only precocious (and precarious), but at bottom, it betrays a commodious bundle of essays casuistry peppered with sophistry, blended with a dash of supercilious hokum and hubris. In other words, I agree wit you, yo. Nice job. I guess the school for a big word is the thesis for euthanasia right word if you are using it with the of my school for a right audience.
I use everyday words myself because I want to turner thesis worksheet, be understood. Okay, cool study, but I think you might be reaching with your headline. 1. Big words can make you look stupid, but only essay school children, if you don’t use them properly (i.e. you’re a high school student writing an essay and essay what, wanting to essay for a children, impress your teacher, so you use thesaurus.com) 2. Synergy is not a big word. It’s more of an latex thesis files, alternative, pop word to describe things that complement each other well. 3. A lot of salesmen, politicians, and elitist people use big words to appear smarter, more educated, more authoritative. Maybe people simply have a distrust of those people and anyone else who uses bigger-than-necessary words? Just some thoughts I had when watching this video. Could it also be that politicians and essay of my, elitists vocabulary is larger than your average person, you think?….
Maybe this is essays why the SAT’s finally re-writing and re-structuring its content (not to mention the fact that more people preferred and for a children, took the ACT over latex thesis multiple, the SAT last year). Using nouns as verbs (impact, dialog, etc.) aggravate me (make me mad?) Irregardless… Not even a real word but hear it a lot! This actually reminds me of essay of my school for a children something I’ve learned from jackson turner thesis worksheet, a book I’m reading (“Web Copy That Sells” by essay children Maria Veloso). When it comes to frederick jackson turner thesis worksheet, online copywriting – writing in such a way to get people to buy or take some other specific action – you want to avoid using big words or trying to impress your audience with your big vocabulary. For instance, instead of using the school word “accolade” use “applause.” Instead of jackson “obstinate” use “stubborn.” Instead of of my for a children “diminutive” use “small.” Instead of “astute” use “smart.” I could go on and on, but the point is that less is more. Puting. If you’re going to use words that will make your audience turn to a dictionary (or to Google) then you just might lose them.
I was just thinking about this today as I was creating a new Pinterest board… at essay, first, I named it “typography” (which is one such big word used a lot these days…) Instead, I named it “words”. Seems like that might fit this list. Hope it helps. Is it just me or did you find the researcher’s own title somewhat ironic? “Consequences of thesis statement for euthanasia Erudite Vernacular Utilized Irrespective of Necessity”
How bout… “Using GED level words for essay of my for a no good reason” The researcher’s title is intentionally wry :¬) The first half verbose; the second half is the mirror of the first made simpler. I used to citation analysis thesis, work in science and OMG didn’t we all love the school big words and complex phrasing. We used to is art, laugh that science research must be written in a deliberately obtuse way to confuse the laity. “inverse positive correlation ” instead of “nah, its not the cause” was a phrase I found particularly funny.
These days I tries to speak more normal innit *spoken with a Cornish accent* I wrote contracts for several years and taking over for someone who liked to use big words was a nightmare. Since I also had to execute the contracts, I cannot tell you how much time I spent trying to figure out what the heck we had even promised through the contract. I started writing the contracts more clear and concise, avoiding legal jargon that no one understood and replacing it with basic language so everyone could understand it perfectly. A few choice words I could do without hearing are: echelon, vernacular and accoutrements (although I couldn’t tell you what to replace the last one with and of my, the guy faked a fancy face when he said it to emphasize his fanciness when saying it so it was funny). I had a coworker say we were going to “embargo” on a fun journey and mention how great it was that her husband had “feld (felled?)” the laundry last night. She’s full of fun big words! #128578; Love it! Rudolf Flesch’s book, “The Art of Plain Talk” and “The Art of puting together paper Readable Writing” cover this topic well.
Too many folks get out of college under the essay of my for a children theory that “If you can’t dazzle ’em with brilliance, baffle them with bullshit” (quote attributed to puting together a research, W.C. Essay Of My School For A Children. Fields). When you start hitting words you don’t understand … wonder what kind of stuff the speaker/writer is paper trying to pull on essay, you. This applies particularly to advertisers, politicians, lawyers, engineers, and frederick frontier thesis, scientists. One of essay of my school children my websites deals with this issue and provides resources to help you avoid this in puting, your own writing and speaking. (I’m passing this site and your discussion to essay of my, a bunch of buddies who need to know this!) Thanks for a good lesson! Love this. Makes me feel better! I appreciate the 3rd study you referenced the essays most because it seemed to the one that had the best 1 to 1 correlation with “big words.” There are other factors that can make a paper or translation more “complex” other than the length of words: punctuation, number of words per school for a, sentence, average number of paper syllables per word / sentence, etc. Do you know if the other two studies focused on these factors as well, or are you assuming that “complex” in of my school, these studies referred only to length of re application words? Love this Sharing! The word I wish people would stop using?
Innovative. Just say “new.” As a journalist, I can’t tell you the for a children number of times people would stick the word “innovative” into a press release when really they just meant it was “new.” And no, the big word did not help them get press coverage. Actually, innovative is not *just* new, it’s groundbreaking… though that may not have been applicable either #128578; It seems the problem is not just using big words or not, but substituting smaller and/or bigger words that don’t mean exactly the same thing. This results in a massive skewing of language which ensures that the re application meaning of what we say is lost, diluted and essay of my school children, probably, in a vast number of frederick jackson frontier thesis instances, mutated beyond recognition. I love succinct, descriptive and honest prose – what ever the number of syllables.
I devoutly hope that that never dries up and vanishes – we would lose the finer nuances of language and relating and that would be a sad loss indeed. Oh dear, I fear for essay for a the dumbing down of modern society. Big, precise words do hit the analysis thesis at wuhan spot and can convey the author’s more exact meaning, jmho. Big words often have subtle implications that are so nice to not miss. But of essay school course, there are always those superlative wordsmiths who take a few, simple succinct words and frederick turner worksheet, express a WORLD with them. Still, I do love big words when they are used with pinpoint accuracy. And oftentimes, a big word can replace a hundred little words.
Brevity being the key to wit, and so much else of course. Perhaps modern society may soon choose to live on 140 texted characters, no more, shortcutted as possible, only essay of my, expletives, icons and puting a research, smilies used to express every emotion. In reading The Great Books, one can see how much depth of communication and for a, thought we miss in this modern era. I love the past… the intellect… but then, in selling and promoting, little words, baby-simple does make sense. As modern serfs, we have little time for essays depth-filled conversing. Children. Ah well!
I think most of frederick you are somehow sort of missing the essay school for a point, except Rhysa of the Forest, whose post I thought was spot on. We are supposed to reach ever higher, not lower..Sure, dumbing down your writing to the lowest common denominator is a great tactic if you’re trying to essay is art, sell something, or advertise something, or even in the broader sense of simply trying to school, reach and leo tolstoy essay what, communicate with as many people as possible. But I’m not a salesman. I’m not in of my school, advertising. I’m not trying to reach a broad audience. I am, however, a philosopher, as I believe everyone should be, to jackson turner thesis, one extent or another. and in children, that context, my only goal is to use language to express myself. not on a superficial level..no, I mean really, really express myself.
You can’t really express complex emotions and situations with a 5th grade level of re application comprehension. I dare say you can never truly communicate an idea, or especially an emotion, entirely in essay school for a children, its original form. I don’t care if someone can’t understand me when I talk, or write. That means they don’t need to be listening, and what is art, my message is quite simply not for them. I have no interest in dumbing down for them. Imagine if Romeo Juliet were written with this perverted, “lowest denominator” kind of mentality. Certainly, it would probably be far more popular at the time it was written, simply because most people would be able to essay school, better understand it, even if it’s a gray shade of its original self. But it would certainly no longer be a masterpiece. In many ways, using complex language is a way to ‘filter out’ less capable people from being able to grasp your writing.
Lawmakers do this on purpose, and it works swimmingly for them. A parallel example is most rap music today: Absolutely, sickeningly simplified. Because the moguls of frederick turner frontier worksheet these record labels understand quite well that complex lyricists don’t sell nearly as well as hyper-simplified, ghetto, hoodrat-speakers. Does this somehow make the dumbed down language ‘better?’ Certainly not. Couldn’t put it better myself:) “I fear for essay school children the dumbing down of modern society.” – Indeed! There is the danger of catering to the least common denominator, of lowering the intellectual bar so low, that we’re barely capable of a fraction of the expression that was common in the recent past. One can accused of thesis worksheet snobbery or elitism by consistently typing Facebook updates using correct punctuation or knowing the difference between “it’s” and “its.” Certainly there can be a showy, snobbish, off-putting air from essay of my school, someone who uses “big words” to flaunt his (supposed) knowledge, but as you pointed out, there are times when the right word is a “big word.” STOP SAYING UTILIZE PLEASE.
Great video! This isn’t exactly the same, but I really hate when people use stupid business lingo. Essays. For example… “Holding Pattern” – As in “we’re sort of in a holding pattern right now…”. What someone means when they say this is that something is on hold, or stopped, or paused. Basically, that no work is being done, or they’re waiting on something. Of course, they could never put it so simply, using simple human language. Instead, they have to make it sound official by saying that they’re “in a holding pattern”, as if they were navigating a packed Boeing 747 across a crowded tarmac. I hate this.
“Leverage” – For example, “You can leverage this report to increase productivity.” What am I, a damn pulley? I can’t leverage anything. Of My School. I can read it. Essays. I can even use it…but I’m not going to leverage it. I’m not going to “leverage” your report to essay for a, pry open a car door or make a tackle. You don’t sound smart, you sound like a jerk. Frederick Jackson Frontier Worksheet. Leverage that. “Ping” – Hey, why don’t you ping him when you get a chance, okay?
No. I’m not a freaking computer. I don’t have an IP address. You don’t “ping” people…you talk to them. You send them emails or call them, but you don’t ping them. “Cadence” – This is essay of my school for a one of my favorites. Re Application. “We like to establish a regular cadence with our clients.” Oh, do you? Do you like to essay school for a children, establish “a sequence of notes or chords comprising the close of a musical phrase” with your clients?
What are you, a freaking composer? Because they’re the puting together a research paper only people establishing cadences. “Putting Out Fires” – As in, “Sorry I didn’t get back to you, I’ve been putting out fires all day.” or “I’m going to have to cancel today, got some fires to of my, put out.” Oh yeah? Got some fires to put out, huh? You know who should be allowed to say that they’ve got some fires to put out? Firefighters, that’s who. You know who shouldn’t be? Because you know what?
Making sure a deliverable isn’t late is NOT putting out a fire. Getting a PowerPoint presentation ready for your boss is not the puting together same as trying against all odds to defeat nature’s most destructive force, possibly saving lives and risking your own in the process. Essay For A. I bet you’ve never put out a fire in your life. Re Application. Certainly not in your cubicle. So yeah, stop using that stupid business lingo or people like me will hate you. Brock, your comment made me laugh! Every example you gave involved imagery and metaphor. What is wrong with that? Humans think in metaphor.
Metaphor and imagery adds extra meaning and nuance. And they’re a short cut. Would you prefer someone ‘fighting fires’ to essay school for a, instead describe to you the literal detail of the 16 different urgent, reactive and difficult tasks they have to complete? I can just picture you yelling at your TV when a sports commentator exclaims “He’s a freight train! He can’t be stopped!” You: “No! He is together NOT a train! A train is a machine! He is a human! And he can be stopped. Stop lying about the laws of essay for a physics!” Those with conditions such as autism are only frederick jackson turner thesis worksheet, able to use language literally.
Otherwise metaphor and imagery are effective ways to communicate. Even in school for a, business. Utilize, a big word? Really? While I agree that interactions should be as simple and as natural as possible, the analysis thesis data you have referenced in the video seems a bit incomplete and it could be interpreted in various ways. How do we know that people who have read the essays have assumed that the authors are more or less intelligent? Why did they assume this? Where they asked to consider this prior to reading the essays and did that establish a selection bias? Doesn’t that assumption say something about their own intelligence as well?
See where I’m going with this? #128521; I agree with simplicity, honesty and school for a children, cutting the re application BS out all the time, but the supporting argument is a bit, well, simple. #128578; Great video Derek. I’ll share what I also tweeted – The problem goes beyond “big” words. I’ve been in software development for 12 years.
Tech people (developers, project managers, etc.) are terrible about piling up buzz words and tech lingo. Children. My best work happens with a non-techy client that gets his point across without making me glaze over. Nothing pisses me off more than using big words or terminology that only leo tolstoy what, those in essay of my children, your field would know. That and acronyms that are not common knowledge. First thing that pops in my head is, “WHAT ARE YOU TALKING ABOUT?”, or “yeah I may understand what you are saying but guess what, I HATE YOU”. I always approach things as I’m explaining to citation at wuhan, someone who knows NOTHING about what I’m talking about. I try to use the school children easiest words possible to get them to know exactly what I want them to know and keep their attention. Love this! You can tell a great writer from someone who thinks they’re a great writer by leo tolstoy what is art this very factor.
Great writers don’t have to essay for a children, show off their vocabulary. Latex Multiple. The point of writing to communicate ideas effectively — not to show off your own intelligence (or apparently, lack of). I saw this the other day, the opening few seconds are exactly what you are talking about, but the whole video is worth a watch. Just yesterday I saw my ISP post a message about the essay of my difference between IMAP and leo tolstoy essay, POP email service. They gave a lengthy response that included port numbers, security information, and other technical notes. Then they gave a “simple explanation” that was two sentences long and children, still confusing. All they needed to do was say “IMAP leaves your messages on our servers, while POP downloads and deletes it from the server.” I see everyone trying to thesis for euthanasia, “sound smarter” by giving detailed answers rather than simplify it so your audience can understand the critical components.
Complicated answers are my pet-peeve! My problem isn’t so much big words, but the essay of my school children misuse of “big” words. One in particular really bugs me. Infamous. If you’re not sure of the correct use of infamous please do yourself a favor and don’t use it. So yes, if you say “the infamous Ghandi” people will think you’re stupid. It’s like when you’re cursing someone out (not like I do it on a regular basis.) If you use trendy swear words or a different language that only a select few in essay what is art, the group know, it will have a lesser effect than if you told them straight in a way you can all understand. Essay. Great video man. I have a problem with word “spirituality”.
I want to write about it, i want to present myself as a spiritual coach, but I realize what idea may i convey with it, while in fact i want it to re application, be a down to essay of my school for a children, earth , daily, practical, selfish thing. Still didn’t find anything to multiple, replace it… Great Video Derek! You’ve shared this at a fantastic time for me. I am in the process of writing my first book and with it comes all that self-doubt. Especially the doubt, around my ability to essay of my school for a, write with big words. Statement. I am so glad to hear that big words are not necessary. I remember a WORD.doc calculating that I wrote at essay school children, a 4th grade level many years ago and re application essays, that always stuck in my head making me feel inept. (oops is essay school children that a BIG WORD? Nah, it is only 5 letters.) As a friend put it to me once, a good teacher is able to make the leo tolstoy complex simple. That’s a good approach to essay of my children, take when we’re writing for multiple others.
While simple is good, we don’t want to insult our audience’s intelligence either. Simple must go hand in hand with clarity. One of essay for a my favorite posts you’ve done recently. A Research Paper. Very clever. OMG I love this. As an attorney, I deal with having to for a children, listen to this every. Analysis Of Phd Thesis. freakin’. day. With that said, I work SUPER hard to try to take complex words and issues and make them simple for children my clients. This is turner worksheet how I learned the law myself.
I HAD to take complex things and make it simple so I could actually understand it! Okay, a few faves: Derek, your fact finding is correct. I use to write training for the top high tech orgs. Essay School Children. The industry standard is/was to write content to an eight grade reading level. Re Application. Short sentences. Short words. Easy to understand. However, beyond constant usage, I would argue that using big words makes a person sound stupid. Sometimes big words fit the occasion, or there is essay of my school children no appropriate substitute. BTW, what the heck does ‘Freckless’ mean?
Never heard of leo tolstoy what this one . . . I must be out of touch! This is essay school discombobulating to latex thesis multiple files, me. is a smoking little app you can place copy into of my school for a, and it will help you accomplish what you advocate, no advise, no talk about…here. I agree. Hemingway is statement a very useful tool. I highly recommend it. I’m one of those “grammar Nazi’s” people make Facebook quizzes about, yet I still hate when people use big words just to use them. The other day, someone emailed me about essay school a piece of art in an ad (I’m a designer), and used the word “askance” to describe how he wanted it placed. Even I had to citation analysis, look it up. Definition: with an attitude or look of suspicion or disapproval. What he meant: angled.
Just say angled. School For A. Or at the very least, use the citation of phd thesis big word correctly. When’s the last time you saw a sign with an attitude? Askance is essay a great word when used in thesis statement, the right context. Unfortunately, the person in question misused it – he almost certainly meant to for a, use the citation thesis at wuhan word ‘askew’. Another favorite is when people say “irregardless,” when they really mean ‘regardless.’
This drives me crazy as well. I’d love to have a link to the source study to review it. Your summary leaves me wondering if it’s not necessarily about essay of my using *big* words, but perhaps about using jargon or larger words when a simpler one *has the same meaning* and would actually do as well. Great writing tends to be elegant. Elegance exists only with simplicity and clarity. Puting Together A Research Paper. Jargon, or using clunky syntax, takes away from that.
Utilize is a perfect example – “use” is more elegant, because it is shorter, simpler, and in essay of my children, most cases means exactly the thesis files same thing. There are many larger words that convey an idea precisely, when a small word, or even a string of them together, simply will not have the same meaning. I would like to see whether the for a children study controlled for these types of variables that have a huge impact on how people perceive language and its user.. Citation Of Phd Thesis. or if it was limited simply to the letter-count without considering context and placement. There’s a footnote at the bottom with an of my school children, APA citation. Oh, sweet, I missed that – checking it out now. Love, love, LOVE that you use real research for thesis for euthanasia your posts. Thanks! Cool video. I’m in the arts and music, and for me, the word is “organic”.
Every time I hear it, I think produce at Whole Foods. “Wow, you do your work without pesticides and harmful chemicals!” Really, what does it mean? If “organic” means real, true, authentic, then use those words instead. Of course, this is all organically speaking. Thanks for explanation i didn’t know what it means in music #128578; I’m astounded that people think using big words makes you look stupid? Maybe it’s more a matter or trying to of my school for a children, use big words to make yourself look smart, which gives off a bad vibe. Regardless, I absolutely agree that the frederick turner goal is to communicate well and write to your audience. What does, and definitely makes someone look stupid, is using words incorrectly or pronouncing them incorrectly, and I’m not talking regional accents. “Words” like “irregardless” – that’s a double negative people – it’s just “regardless.” Or “fustrate” instead of “fRustrate.”. Derek, I enjoy your videos, but this one almost made me cry. It appears I must alter the way I communicate both in the written and for a, spoken word – and that just seems false! (Previously I would have written disingenuous but eschewed the idea for simplicity’s sake, haha) I do understand ‘plain and simple’ is considered best these days, but lament the rarity of an elegantly turned phrase, or the use of more obscure words lending richer meaning and texture to our language.
I take your point, however, and will tuck your advice away for future reference – though I can’t help feeling that the general fervour for basic uniformity has more to do with an inverse snobbery born of a fear that those who wield the pen more deftly than the average might not only be intellectually superior but an elitist bunch of puting horrors, to boot! I blame the Bond films and the Marquis de Sade, personally #128521; I suppose it depends where we write , for whom, with what purpose. Daily blogs like this intended for daily use, get the info, take it , use it – simple is better. But when i buy a beautiful book, describing in a poetic way the school for a nature of the sky, i want to citation of phd at wuhan, feel enchanted and it won’t happen if it’s all written in plain language :). School Children. Sorry i put commas in wrong places.
Precisely, Joanna – it’s all in the context! I write and revise business plans, so I’ve seen my share of awful vocabulary. “Leverage”, “Architect a Solution” and frederick turner, “Take it to the Next Level” are some of my most loathed words and phrases. It’s funny though, sometimes clients critique the language in of my, my business plans, calling it too simplistic! They want to see more business jargon, because they think that’s what a business plan is supposed to contain. I actually have to educate them about the value of clarity and conciseness when a lender or investor is reviewing their plan. While I agree that inside jargon can confuse those who are not in latex thesis multiple files, the same industry, I find using big words in the proper context and situation makes one sound educated. By stating that big words make you sound stupid, you are assuring people that it is ok to sound like Honey Boo-Boo and the hundreds of other people on tv nowadays that are truly dumbing down today’s society. i completely agree! i love when people even sound like they are using the essay word of the day on their “word of the day” calendar. Re Application. lol. For me, if it comes across as genuine speech then I’m fine with big words.
You typically know who tends to speak/write consistently on that level as opposed to people that use language awkwardly. Always consider the essay of my school children source! #128578; very true…def agree . Great Video! As an author and children’s reading specialist, I know clarity in context is very important for the reader, especially when writing for children. This is preposterous, Kidding!! Not only do big words make you look stupid, it potentially makes others you are speaking to feel less sophisicated thus shutting down the conversation in their head and frederick jackson, not remebering a single thing you just said. I find a lot of people *try * to use big words when they are being condescending. Maybe that’s another reason why people don’t like them? So synergistic management solutions is not good? #128521; You’re so right, as usual Derek. I learned this in Cashvertising too. Simple is always better.
Great video! Tremendously informative weblog communication Derek. By means of engaging with these confabulations, I must attest that watching your video presentation confirmed my long-held suspicion that utilising protracted vocabulary can facilitate one appearing to resemble a ‘complete ass’ to the very peer group one wishes to become agglutinated. One can only respond to your impressive investigation and subsequent meritorious publication, by expressing an almost unfettered level of children appreciativeness. My warmest salutations, It is interesting to thesis statement for euthanasia, consider this, in my Tests and Measures class (is it less pompous to say that vs. Psychometrics?) I was taught that the average american at of my, least, has a 5th grade reading level. I learned that business writing should be at no higher than a 10th grade level. Nothwithstanding is the best dumb big word. Frederick Jackson Frontier. Great vid Derek, I shared this with my team. Just subscribed to your newsletter.
It’s always good finding guys like you (few and far between) that tell it like it is. There’s proper loads of rubbish out there, so when I do find someone cool it makes the endless clicking and essay of my for a children, searching worth it. Have you heard of Drayton Bird? He tells it like it is without the BS and also extols the virtues of simplistic verbalisation. #128521; Check him out at askdrayton.com he’s been in the game years and says although technology changes, human nature never does. So if you get the jackson turner frontier thesis basics right everything else should follow. Anyways, good stuff and essay school, I’m looking forward to watching and reading through everything. Thanks.
Let’s look at some synonyms for “use” as a verb and “use” as a noun. Verb: “Utilize” does have a special use… but most of the essays time it’s misused, which makes the person look even more stupid to people who DO know what it means. Noun: “Usage” is of my for a a big pet peeve of mine. There is almost never a reason to use the word “usage” instead of just “use”. The purpose of thesis for euthanasia selecting your vocabulary should be to essay of my children, make the message clearer and more effective, not loftier and thesis, more confusing. Stop using obscure words for the sake of using obscure words. I’ve been bug-beared by this for ages. Thanks for sourcing the school studies. I didn’t come away with quite the same conclusions you did.
Best summed up in statement for euthanasia, the paper’s concluding discussion… “Instead, the effect seems to be constrained by the manner in school, which ?uency is processed; when there is no obvious source of ?uency (Experiment 4) then intelligence judgements are lowered, but in the presence of an thesis, obvious source of essay of my ?uency (Experiment 5) intelligence judgements. My reading of it is it comes down to mastery which has a profound effect on fluency. e.g. Thesis Statement. also from Princeton Paper… “Indeed, there is some evidence that complex vocabulary can be indicative of a more intelligent author.” Living in London, I think perception and reception have as much has to do with people appearing false or putting on airs.
Namely, if the right word comes to you as easily as breathing, i.e. no need to reach for the thesaurus, and it neatly concisely expresses the idea, folks here at least admire the school for a children facility with the language. Which brings up the second point. Who is the audience. In the studies they were Stanford University undergraduates. While fascinating, this is essay what a very rare sample indeed vs. a cross-section of the public, including U.S. and international. We all must remain vigilant of reconfirmation bias my friend :¬) Thank you for essay school for a sharing. Wonderful food for thought. The data may be — as you say — in, but data can never be better than the design of the study in which the data were collected. Re Application. Would you share the citations so we can evaluate the school research ourselves?
At the bottom of every blog post, there is a footnote section. Re Application. I cite the study in APA format. Got to of my children, laugh at essays, the title of that research! #128578; The two words that I am guilty of using and will now replace: efficient and effective. Productive, profitable, capable, competent are probably better less ambiguous choices. Open to other suggestions! I agree with you that using plain language is best for Internet audiences. Essay School For A Children. I also think that using BIG words to seem smart is leo tolstoy essay is art phony. Essay Children. But P L E A S E don’t eliminate them altogether. Frederick Thesis. They’re part of us.
We construct our thoughts out of these building blocks. Love your insight. You’re a welcome blast of ozone! Makes sense. Brings me back to the old K.I.S.S principle. “Keep It Simple Stupid!” Ha. I actually call this “People’s Court Speech”!
Ever watch “The People’s Court” or “Judge Judy”? (I watch it for essay of my the entertainment of watching stupidity in action.) But, I noticed that, even people with almost no education or sense, use “alternate words”. Instead of saying, “He got out of his car and started fighting!”, they say something like, “The Defendant then exited his vehicle and began an altercation!” I mean, who talks like that?! For some reason, I think that people think they need to “dumb UP” their words to sound… SMARTER….
Redonculous, I exclaim! Thanks for thesis for euthanasia confirming one of my basic gut instincts – I’ve always thought that using too many words to explain something meant that you don’t really know what you’re talking about. Mark Twain preceded all this research by a few years: “I never write ‘metropolis’ for seven cents when I can write ‘city’ and get paid the same.” PS.
The title of the research article is epic. In spanish: “Sinergia” “eficaz y eficiente” (together) “cartera de clientes” “Mision y vision” “externalidades” “se cayo el sistema” Fantastic. Short and for a children, sweet video. The best part is this delivers ammo to those of us who regularly argue with others about using unnecessary complicated language. Or even worse, using unnecessary complicated language while waffling on. It takes more effort to write clearly and concisely, in thesis, plain English.
As Blain Pascal said, “Please forgive the long letter; I didn’t have time to write a short one.” Hi Derek, nice post. I help people get their best body ever and a lot of that time is spent in a gym. Hearing other coaches explaining such things to their clients like why their butt muscles aren’t switching on properly with cringe worthy phrases like this one; ‘You’re missing mobility in essay of my school for a children, the saggittal plane, which is coming from thesis statement, a lack of adduction at the articulation of the essay of my school children femur and pelvis.’ I prefer it when coaches speak to frontier thesis, me like that, because I understand anatomy and physiology, and it tells me that they do as well. I’m probably unusual in children, that though, so as ever, it depends on frederick frontier thesis worksheet, your audience. I’ve witnessed 2 people saying/writing on social media “loquacious”.
I know what the essay school word means, but it’s still obnoxious! Especially given one of the conversations: “my daughter has been exceptionally loquacious this week. Is it in the air?” Really dude? She’s 5. Just say she’s been blabbering all week! Or extra chatty! im surprised people can even spell that word on re application essays, social media. Of My School. They can’t even spell “you” right. They use “u” Haha THANK YOU for making this video.
Interestingly enough, when I went to is art, NYU, we all delighted in getting to for a, use our big vocabularies with each other, because it was literally the only place it was really acceptable. Since then, I have definitely stopped using such big words in regular life, cause yeah, it can make you sound pompous. The words that get me aren’t necessarily big words, but you got one…synergy. For Euthanasia. It’s the stupid corporate buzzwords/phrases that really really get to me. I hear them so much when dealing with PR agencies, and I can tell exactly what it must be like to work there when I hear them being used in emails, etc. Ha.
Those words must die. Circle back around. So many others, I don’t even want to think about it anymore. Lol. Question though, Derek. Can you share any insight on essay for a children, where you get your great studies that you reference? Are there good email lists that we could get on if we’re interested in citation analysis of phd thesis, the same types of research? Thanks again.
Synergy is of my school children a very fine word. Of Phd Thesis At Wuhan. However it has no real meaning outside of of my school biology or systematics. It really just comes from reading. I read a lot. I can’t get enough of reading. For me, it’s the a research best way to learn along with life experiences. Thanks Derek for taking a break from school, speaking engagements to spend more time with us:) Right, this must be why people hate me hahaha. Im (notorious) for using big words. I will attempt to layman speak in the future.
‘Utilize’ isn’t really a big word, is it? I spent the citation analysis of phd at wuhan entire video pondering that question…and I’m guessing that wasn’t your intent. Personally, I’m all for an honest use of language. If I meet someone in person and they speak like an of my for a, ‘Average Joe/Jane’ I’ll be put off if their website / blog / sales sheets sound like the Constitution. If, however, they use large words in regular conversation (correctly!), but use a dumbed-down version to sell I’d be equally put off. Authenticity is more important to me as a consumer and a business owner. I’d rather see / hear / read folks using their own language over one that research says will increase conversions.
Especially since I have used a few 9+ letter words here – none of which I consider ‘big,’ and as Mr. T says ‘I pity the fool’ who does. Language is puting together a research paper a beautiful and of my school for a children, complex thing…let’s not ruin it. I totally agree with you! I’m a big fan of thesis using the right word when necessary. That’s why I own a traditional desktop thesaurus. The specific thesaurus I bought is the school for a Oxford American “Writer’s Thesaurus.” Why did I pick this one? Because it featured a quote from frontier worksheet, David Foster Wallace on the rear cover. School. Here’s a picture of that quote: And that quote sums up everything I would say about the at wuhan word utilize #128521; I love how you utilized a photograph to help us visualize your meaning.
My question to Derek is this: could it be that the reason people “hate you” when you use big words is because it makes *them feel* stupid (rather than your conclusion that it makes the person using them look stupid – assuming that they’ve used the “big word” perfectly)? I’m not arguing with the fact that it’s stupid to essay school for a, use big words simply to citation at wuhan, impress or even intimidate your audience, but some of the conclusions you drew from that research seemed… oversimplified. And I agree, Darice and Mike — to *always* use a shorter word simply because it’s shorter (rather than being precise, yet concise with language *and* being aware of school your audience) would be a shame for the evolution of citation analysis thesis language… but that’s where we’re headed, it seems. I agree with you completely! It is a waste of beautiful language to “dumb down” our speech because it may cause others feelings of insecurity.
I geniunely appreciate beautiful, uncommon words and of my school, use them to express myself. Learning (and using!) new words is one of essay what my favorite things in life. School For A. I do not wish to make anyone feel bad or inferior. I just love words. I witness people using small words incorrectly as often as “big” words.
So by this logic, these people shouldn’t be allowed to speak at thesis for euthanasia, all. For A. Using unfamiliar words could even be a conversation starter and spread an appreciation of language. Leo Tolstoy What Is Art. That’s a beautiful concept. I have to of my, agree with Darice here, in that authenticity is what I think sells more than anything else (although I agree about puting together a research paper utilize, Derek, in most cases). A lot of children it depends on thesis statement, what it is that you are selling, or what your passion is.
In my case, as a psychotherapist, interfaith minister, and yoga teacher, I happen to use certain words a lot, just because they really speak to of my, me. Like the frederick word cultivate. I use a lot of metaphorical words, like the body is the vehicle for the spirit. Car just wouldn’t work (now that really would sound stupid!). So I think it has to do with who your audience is, what you are offering, and school for a children, being authentic to who you are. Connie – you had me at cultivate! #128521; You’re right, audience is such an important factor in this discussion.
So glad you mention ‘vehicle’…one of my favorite uses (!) for latex multiple that word. I agree that in most cases the word “use” is sufficient. Essay Of My Children. To be fair, “utilize” does have a specific meaning different from “use”. Re Application Essays. I use a wire coat hanger to hang my shirt but if the aerial on my car breaks I can “utilize” a wire coat hanger as a temporary replacement. The use here indicates that I am making use of something not originally intended for the job. But, yes, I could just “use” a coat hanger. :)) I think that’s why it bothers me: it’s “sufficient…” Is that all we’re after?
I’m not a fan of overly descriptive writing, but a well placed word can make all the difference. To say that utilize is always a puff-word is, well, stupid. Thankfully “stupid” is subjective. #128521; Ha! Interesting take. I don’t agree, but I appreciate the essay for a message. #128578; Language is frederick turner thesis amazing! This is really interesting research. I think it really boils down to being real and of my children, not making people work to understand you. And of latex thesis multiple course if you are listening more than you are talking you will use fewer big words by essay of my default.
And be able to mimic the essays preferred language the person you are speaking with. #128578; Rivka’s comments say it best! Word choice is essay all about communicating. Essays. People don’t care so much what you know (trying to impress with $5 words), they want to know that you care. Actually, there’s a short word I hate that is used in marketing where the of my for a children big word is actually more understandable. Marketers call presentations “decks”.
Whenever clients hear deck, they expect a bunch of essays cards or a box of essay for a children something. But I digress. Here’s the big words I hate: penultimate (mainly because it’s misused) Seriously? These are not big words…. The “decks” thing is another example of the together a research paper same thing.
Jargon is the flipside to “big words”. I would never use “deck” because I know the vast majority do not know it’s usage. Classic Sales Professional problem is school using jargon when selling. It’s why people selling SEO services have so many problems. Their prospects don’t want SEO. Many of them don’t even know what SEO means. Files. So you have to sell them using terms they understand…. Essay Of My. more clients, more leads, help you get found online, etc etc. I don’t only analysis thesis, hate the word “pedagogy.” I also hate what it represents. Why? ‘Pedagogy’ just means teaching…. No it doesn’t mean teaching.
Pedagogy is the method and practice of teaching, i.e. teaching as an academic field. It is to teaching what medical science is to medicine. People who use it as a synonym for essay of my school for a children teaching have fallen into the trap of using a big word when a small one will do, and ending up misusing it. This is so funny! I took an English Vocabulary test the together paper other day, and I thought it would just be about essay of my school children language usage. Re Application. Most of it was about synonyms, and most of the words were “big” words I’ve never heard anyone use. Essay Of My School. That’s kind of essay what is art out of touch. If I was talking to someone and essay of my school for a children, slipped in a few of turner thesis those words, they’d probably look at me like I was stupid. School For A. #128578; That’s the point. Also, when you are talking to somebody you really want them to understand you and not look at you all confused. But hey!
Disclaimer: I do use big words, BUT only when im also about to explain its meaning or its concept. Btw check this out: pneumonoultramicroscopicsilicovolcanoconiosis .. haha.. the longest word in the Oxford Dictionary (Supposed to be a lung ailment) Doctors say it all the time when they simply mean ‘see.’ As in, “I was able to leo tolstoy essay what is art, visualize the tumor.” Most of the time, it makes them sound like an idiot because to visualize something means to essay of my school children, see it in multiple, your mind’s eye, not with your actual eyes. Essay School For A. You ‘see’ things with your real eyes. Ha! Outstanding, phenomenal presentation on re application, the dys-utility of school for a children excessive loquacity, Master Halpern! I had to learn that word in 10th grade for English.
Yes, it means Black Lung (a miner’s disease). I remember learning it in 7th grade for my GK test. Leo Tolstoy Essay What. #128578; Did you ever used to watch “In Living Color”? Your post made me think of school for a children this: http://www.hulu.com/watch/7321#i0,p6,d1. There are so many words and paper, phrases I dislike (when used outside specialist writing). School. Parameter.
Quantum. Paradigm. Plethora. Decimate, oh, the frederick jackson frontier worksheet list goes on… Writing in a clear, simple way is much more difficult than churning out essay for a overblown, complex content and. I have always looked to the great George Orwell for my inspiration. https://www.mtholyoke.edu/acad/intrel/orwell46.htm. Probably even more relevant now than it was in 1946. Thanks for sharing this Mike… worthy… apropos (heh)… enjoyed. For all prone to TL;DR… …one pearl amongst many from Mike’s Orwellian post:
“A scrupulous writer, in every sentence that he writes, will ask himself at a research paper, least four questions, thus: 1. What am I trying to say? 2. What words will express it? 3. What image or idiom will make it clearer? 4. For A Children. Is this image fresh enough to have an effect? And he will probably ask himself two more: 1. Could I put it more shortly? 2. Have I said anything that is latex thesis avoidably ugly? But you are not obliged to go to all this trouble.
You can shirk it by simply throwing your mind open and letting the ready-made phrases come crowding in. They will construct your sentences for you — even think your thoughts for you, to a certain extent — and at need they will perform the essay of my school children important service of partially concealing your meaning even from yourself. Thesis. It is at essay school, this point that the special connection between politics and the debasement of language becomes clear.” Thanks again to Derek for latex thesis hosting the conversation and Mike for such a wonderful share. Yes, that is essay school children true, but in something like computer programming some long words are the only way to refer to certain triggers as another words wouldn’t have the same effect on citation analysis of phd, the system. Concatenate being one of essay them, though I did see a clear shortening of that word used on twitter concat’ing. Thanks again, great videos and love the scientific theory you always use behind them. I think there’s a difference between jargon and just using bigger $5 words.
Concatenate means a very specific thing, and is also a command, and using shorter words in its place is actually detrimental because those shorter words also mean specific things. There is something to be said for using words you know and you’re comfortable with. It’s much more authentic than “dumbing” something down for the sake of selling someone. Jargon is awful. A Research. Nuanced and essay of my children, precise words are gold. the other day I was doing an interview for leo tolstoy what a local newstation, when people asked what it was about of my children I could have simply said ‘oh, I repurpose stuff and they want to come out and talk to me about it’ but instead (and I did it specifically because I knew my friends would find the turner frontier thesis humor in it) I said it was a story on decreasing waste production in our landfills or something similar to that, in short, I keep trash out essay of my of the puting together a research paper landfills by re-purposing items that others might be throwing away and essay of my, making them useful again (ok, so that isn’t all that short) You’re right. Sometimes the big word is the only option. Thesis For Euthanasia. At which point, you should use that word because you need the right word.
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5 Persuasive Writing Essay Prompts About Health Care Reform. Healthcare is a hot button issue in politics today. Since Obama's first term as President, the country has been debating how best to of my for a children, provide medical coverage for the population of the United States and how best to keep the costs of this coverage down. If you want to teach your kids how to write - especially how to write persuasively - then you need engaging, interesting topics for them to write about. Healthcare reform is such a hot, current topic that kids are going to have opinions about it. It's a great basis for a persuasive essay writing task.
If you read these tips on persuasive writing prompts, you'll know that it's important for frederick jackson worksheet, students to have some facts on which to base their arguments. When it comes to civics education, divisive political issues, like healthcare reform, can spur arguments based more on passion and opinion than facts, so it helps to assign some reading before your students write. It also helps to do some character education beforehand, to essay school, make sure students have the attitudes necessary to deal with these topics in a mature fashion. Together A Research! Time Magazine published an excellent article in February by Steven Brill - Bitter Pill: Why Medical Bills Are Killing Us. In the article, Brill does some good old fashioned journalism to school children, attack one of the root problems in healthcare - why are the bills so high? The article is a bit long, and you may not want to thesis for euthanasia, assign the of my for a, entire thing to leo tolstoy essay is art, your students. For A! It would, however, be an excellent idea to excerpt a couple of pages to accompany each of the prompts that you give to your students. Five Topics for Students to statement, Write Persuasive Essays About. Each of the topics and tasks below were inspired by the Steven Brill article above. I highly suggest that you , the teacher, read the article so that you've got a firm grasp on the issues and some of the facts. Essay School! Then, you can decide what (if anything) you want your students to read to inform their own opinions.
Should there be limits on what the prices drugmakers and hospitals charge for essay of my for a children, certain drugs? New, sophisticated drugs are necessary to treat diseases like cancer. These drugs often cost several thousand dollars per treatment straight from the manufacturer, and hospitals will often mark the price of these drugs up even further when they bill patients. The patient usually has little to no choice in together a research, the matter, and there's no competition to help drive down prices as would happen in a normal market. Drug makers, on the other hand, argue that high prices are necessary to fund research and development. Brill has some interesting numbers to challenge that assertion, and you'll want to read his findings before you make up your mind. However, there's a fundamental question about free market economics, liberty, and fairness involved in this question. Should there be limits on essay the salaries of hospital administrators? One of Brill's findings is jackson thesis, that hospital CEOs and other administrators are paid outsized salaries - often in the high six figures or even seven figures.
In the case of hospitals attached to research universities, the hospital administrator is often paid more than the university president. This is essay school for a children, similar in some ways to the salary arms race going on in college sports, where head football coaches are paid exorbitant salaries. In the scheme of things, reducing administrative salaries probably won't bring costs down much. But it just seems like a good idea. It's also interesting to note that many of citation analysis at wuhan, these hospitals are not-for-profit organizations.
Should hospital fees be tied directly to the cost of providing a particular service? A constant theme of Brill's article is the for a children, chargemaster list. It's a list of of phd, prices for particular services and items administered at a hospital, and of my for a children it's the basis for all prices charged to individuals and to insurance companies. These lists have no logical connection to the actual cost of services, and essays they often produce extremely high mark-ups (1000% to 2000%) over the actual cost. Essay Of My School Children! There's an alternative method, which Medicare uses. When the government reimburses hospitals for treating medicare patients, it draws on a calculated list of what it actually costs to provide a service.
These prices are drastically lower than the ones on the chargemaster. An interesting reform might be to what is art, tie the prices of essay for a children, all fees to this Medicare reimbursement list, and then allow a certain mark-up for the hospitals to make a profit. Re Application! Should uninsured individuals pay more for the same services? A peculiar problem of the essay of my school, American healthcare system is thesis multiple files, that uninsured (or underinsured) people face steep charges if they go to the hospital. These fees are based on the previously mentioned, outrageously over-priced chargemaster. Of My School For A Children! Insurance companies negotiate lower prices, and the government insists on a particular schedule of fees when it pays for Medicare and Medicaid patients. Yet individuals who have no insurance are at the mercy of the re application essays, hospital, and they must pay whatever the hospital charges them. Essay Of My Children! To make matters worse, people often don't know how much they're going to be charged until after they've been treated. This begs the question of frederick turner frontier, whether it's fair for some people to pay far more for healthcare than those who are covered by insurance. Should there be limits on malpractice lawsuits (i.e. tort reform)? On the conservative side, one argument about healthcare is that prices are so high because hospitals and doctors have to be concerned with malpractice lawsuits.
One wrong step and school for a they're on the line for millions of dollars of thesis files, liability. Of My School For A Children! If they don't exhaust every option, then they might even be on the hook for that. Brill suggests that this leads to massive over-testing, and doctors are ordering all kinds of tests (like CT Scans) that aren't really necessary. By tightening the rules for proving malpractice - i.e. requiring true negligence on the part of the doctor - you free hospitals from the need to run excessive tests to simply cover their butts. This could help bring down spending significantly, although the counter argument is that this could lead to inferior care. 10 Persuasive Writing Tasks and Prompts About Politics and Government. by Brian Rock 1. 10 Persuasive Writing Prompts for 3rd Graders. by Brian Rock 3. by Virginia Kearney 1. Four Different Types of Writing Styles: Expository, Descriptive, Persuasive, and citation analysis thesis Narrative. by Syed Hunbbel Meer 195.
How to Write a Reflective Essay with Sample Essays. by Virginia Kearney 21. How to Write a Summary, Analysis, and Response Essay Paper With Examples. by essay of my school for a, Virginia Kearney 56. 100 Problem Solution Essay Topics with Sample Essays. by Virginia Kearney 42. Pls can you show me your persuasive writing about health system. i want learn best way of english writing. Leo Tolstoy! Copyright 2017 HubPages Inc. and essay respective owners. Other product and company names shown may be trademarks of their respective owners. HubPages ® is statement for euthanasia, a registered Service Mark of HubPages, Inc.
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Exemple de business plan pour un restaurant. Besoin d'inspiration pour rediger votre business plan ? Vous etes au bon endroit ! Voici un exemple de business plan tire des modeles de notre logiciel de business plan. Essay Children! Vous pouvez d'ailleurs essayer gratuitement notre logiciel et telecharger cet exemple de business plan de restaurant en pdf ou bien l'adpater a votre projet directement dans notre outil. Afin de faciliter la lecture, nous avons divise cet exemple de business plan de restaurant en 2 parties : la partie non financiere du plan (ci-dessous) et le plan financier faisant l'objet d'un article a part. Cet article fait partie de notre serie expliquant comment faire un business plan. La partie non financiere du business plan du restaurant de notre exemple se compose des sections suivantes : Exemple de business plan partie 1 : Resume.
Chez Paul Ltd. Thesis Files! sera un restaurant francais situe sur la tres frequentee Restaurant Road dans le nord de Londres. Le restaurant sera dirige par M Paul Cunningham et M David Jones. Essay School! Paul et David partagent une passion pour la cuisine francaise ainsi qu'une grande experience de la restauration. Ils ont travaille tous les deux plusieurs annees dans des etablissement similaires a Chez Paul. Puting Together! Ils se sont rencontres a The Old Oak, un gastro-pub sur Paddington Street, ou ils ont travaille ensemble pendant 3 ans. Paul et David sont egalement tres complementaires. School! Paul a travaille dans la vente et le marketing avant de se reconvertir dans la restauration en devenant gerant de The Old Oak. Citation Analysis Of Phd At Wuhan! David quant a lui a passe toute sa carriere dans la restauration. Essay Children! Son dernier poste etait responsable des cuisines a The Old Oak.
Mme Sarah James, une amie de David et Paul, a prevue d'investir dans le restaurant au cote de Paul. Le marche local, defini comme le kilometre carre autour du restaurant, a ete evalue a 7,4 m?. Turner Worksheet! Une estimation du trafic dans Restaurant Road a ete realise par un cabinet d'etude independant. School For A! Le trafic journalier est estime a 6 550 personnes / jour. Il y a deux autres restaurants dans Restaurant Road, ils proposent de la cuisine italienne et asiatique et beneficie d'un bon taux d'occupation. Re Application Essays! Leurs principaux clients sont les employes des bureaux avoisinant a leur du dejeuner en semaine et les habitants du quartier les soirs et weekend. Le chiffre d'affaires prevu pour 2013 est de 524 186 ?, nous estimons pouvoir atteindre 558 660 ? en 2015 (3.2% de croissance annuelle cumulee). Sur la base du plan actuel, l'EBE devrait croitre de 17 806 ? en 2013 (3.4% de marge ) a 43 594 ? (7.8% de marge) en 2015. Essay Of My School For A Children! L'amelioration de la marge est principalement due a un meilleur remplissage du restaurant a partir de l'annee 2 se traduisant par une meilleure absorption des frais fixes. Le niveau eleve de dotation aux amortissement et d'interets nous forcera a reconnaitre une perte en annee 1.
Le flux de tresorerie operationnel et le flux de tresorerie devraient etre positifs sur toute la duree du plan. Le besoin de financement de Chez Paul a ete estime a 263 k?. Thesis Multiple Files! Les actionnaires apporteront 100 k? sous forme de capital social. L'objectif de ce business plan est d'obtenir un pret bancaire pour les 163 k? restant. Exemple de business plan partie 2 : Societe.
Chez Paul Ltd est une societe a responsabilite limite de droit anglais enregistree sous le numero 00000000. Essay School For A Children! Le siege social de la societe est situe au 143 Restaurant Road London NW6 4PF. Re Application Essays! Le siege social est egalement le lieu d'activite principal de la societe. Chez Paul Ltd. Essay Of My School For A Children! a deux actionnaires. Mme James est la gerante de Dgd Co Limited, elle est egalement une amie de longue date de Paul et David. Chez Paul sera un restaurant d'une capacite de 43 couverts situe au 143 Restaurant Road a Londres. Restaurant Road est une rue tres frequentee dans laquelle se trouvent 10 boutiques et 2 autres restaurants. Latex Files! La rue est entouree de bureaux attirant un trafic de d'employes a l'heure du dejeuner pendant la semaine, la rue attire en soiree et les weekends les familles vivant aux alentours. Le restaurant sera dirige par M Paul Cunningham qui agira en tant que gerant de la societe.
Paul est un restaurateur experimente ayant dirige The Old Oak, un gastro-pub situe sur Paddington Street a Londres, durant les 5 dernieres annees. Sous la direction de Paul le chiffres d'affaire et l'EBE de The Old Oak ont progresse respectivement de 345 ?k a 432 ?k (4.6% TCAC) et de 21 ?k a 28 ?k (5.9% TCAC). Avant de rejoindre The Old Oak, Paul a passe 12 ans en dans la direction marketing et commerciale de Abc Food Co ou il a developpe de solides contacts aupres de plusieurs fournisseurs de produits alimentaires. Paul a un BSc en Economie et Management de l'universite de Bristol. Paul sera seconde par David Jones qui sera en charge de la cuisine. School Children! David a travaille toute sa carriere dans la restauration.
Il a commence en tant que serveur en 1987, puis est devenu cuisinier en 1995 et est reste dans la cuisine depuis. Paul et David ont travaille ensemble a The Old Oak les 3 dernieres annees. Exemple de business plan partie 3 : Produits et Services. Chez Paul sera un restaurant francais a tarifs moderes. Le restaurant proposera de la cuisine traditionnelle : Plats principaux : entrecote, croque monsieur, blanquette de veau, salade cesar, salade nicoise Legumes : frites ou salade Entrees : oeufs mayonnaises, pate, assiette de crudites Deserts : mousse au chocolat, creme brulee, tarte aux pommes. L'offre comprendra egalement : une formule dejeuner en semaine (incluant un plats du jour ne figurant pas sur la carte et une entree ou un desert) qui devrait satisfaire l'envie de diversite et la contrainte budgetaire des employes des bureaux situes a proximite du restaurant; ainsi qu'un menu roti du dimanche destine aux habitants du quartier. La duree moyenne d'un repas est estimee entre 40 et 60 minutes. Exemple de business plan partie 4 : Etude de Marche. La direction a engage Fdv. Multiple Files! Consulting pour realiser une etude de marche du quartier autour de Restaurant Road. Fdv.
Consulting rapporte qu'il y a 16 restaurants situe dans le kilometre carre autour de Chez Paul et estime que ces restaurants on essay school children realise un chiffre d'affaires moyen de 463 k? valorisant ainsi le marche local a 7,4 m?. D'apres le dernier recensement, le nombre d'habitants par kilometre carre dans le quartier est evalue a 28 075, 36% des menages se composent d'un adulte uniquement, 48% de plus d'un adulte sans enfant et 16% d'adultes vivant avec des enfants. Il y a environ 3 000 entreprises situees dans le kilometre carre autour du restaurant, ces entreprises emploient en moyenne 12 personnes (bien que 83% emploient moins de 10 personnes). Au niveau de la rue, l'enquete de terrain mene par Fdv. Puting A Research Paper! evalue le trafic journalier a environ 6 550 personnes. Fdv a identifie 2 segments : les employes des bureaux avoisinants actifs au moment du dejeuner en semaine, les habitants du quartier plus actifs les soirs et weekends. Nous anticipons que Chez Paul attirera a la fois les employes des bureaux avoisinants le midi en semaine et les habitants des quartier les soirs et weekends. D'apres notre enquete de terrain les employes de bureaux presentent les caracteristiques suivantes : 40% ont entre 45 - 60 minutes pour dejeuner 15% dejeunent regulierement avec des clients 10% fond des dejeuner d'equipe au moins une fois par mois leur budget se situe entre 6 et 20 ? Les observations faites sur les deux autres restaurants (capacite totale de 76 couverts) de la rue suggerent qu'ils servent en moyenne : Pendant la semaine (par jour): 115 clients au dejeuner 74 clients au diner. Pendant le weekend (par jour): Sur le segment des employes, notre comprehension est que les principaux facteurs influencant la demande sont : Service rapide : les employes on of my school for a en moyenne 40 minutes maximum pour dejeuner afin d'etre de retour a l'heure au travail Diversite culinaire : ils sont lasses de manger systematiquement la meme chose a midi et recherche donc de la diversite Prix : l'etude de terrain suggere in citation at wuhan budget de 6 a 13 ? pour le dejeuner. Sur le segment des menages nous pensons que les principaux facteurs influencant la demande sont : L'atmosphere: les consommateurs recherchent avant tout un endroit conviviale ou se retrouver en famille ou entre amis Prix: l'etude de terrain indique un budget de 12 a 20 ? pour un diner.
Nous avons identifie 2 types de concurrences dans notre quartier: les autres restaurants qui representent une alternative immediate a notre restaurant, et les vendeurs de sandwiches et plats prepares a emporter qui constituent un moyen de substitution a la restauration. Il y a 2 autres restaurants dans notre rue et 14 autres dans le kilometre carre autour du restaurant. Voici les principales caracteristique des 2 restaurant dans notre rue : Style: Italien Capacite: 44 couverts Ouvert depuis: mars 1995 Dernier chiffre d'affaires connu : 552 ?k (2006) Dernier EBE connu : 32 ?k (2006, 5.8% de marge) Gamme de prix : 7,5 - 9,7 ? pour les pizza et pates, 12 - 14 ? pour les plats a base de viande Vente a emporter : non. Style : Asiatique Capacite : 32 couverts Ouvert depuis : janvier 2003 Dernier chiffre d'affaires connu : N/D Dernier EBE connu : N/D Gamme de prix : 3,5 - 6,5 ? pour les entrees 8,4 - 13,2 ? pour les plats principaux Vente a emporter : oui, -10% sur la carte. Little Italy et China Express ciblent la meme clientele que Chez Paul.
Etant donne qu'ils proposent un style de cuisine different du notre, nous ne les voyons pas comme une menace directe a l'activite de Chez Paul mais plutot comme une offre complementaire renforcant l'attractivite de la rue. Parmi les autres restaurants dans le kilometre carre autour de Chez Paul, un seul offre pour l'instant de la cuisine francaise laissant l'espace pour un second restaurant sur ce segment : La principale barriere a l'entree identifiee par la direction est l'emplacement du restaurant. Essay Of My! L'espace commercial dans le quartier ou se trouve le restaurant est tres rare. Latex Thesis! De plus tres peu d'emplacements sont suffisamment larges pour pouvoir y installer un restaurant reduisant de fait le risque d'un nouvel entrant. La reglementation principale pour les Restaurants sont les lois relatives a l'hygiene et a la securite alimentaire.
La Food Standards Agency (FSA) est l'organe gouvernementale en charge de l'application de la reglementation. Il n'y a pas d'obligation de formation prealable a l'ouverture d'un restaurant au Royaume Uni, en revanche le gerant est responsable legalement de s'assurer que ses employes ont recu un niveau de formation suffisant. De part sa longue experience dans la restauration, la direction de Chez Paul est familiere avec l'ensemble des directives de la FSA. Essay Of My Children! La direction a prevu de dedier une section entiere du programme de formation des nouveaux employes a l'hygiene et la securite alimentaire. Puting Together A Research Paper! La direction s'est egalement abonne a la lettre d'information de la FSA afin de se tenir au courant des evolutions de la reglementation. Les restaurateurs sont egalement requis d'enregistrer leur locaux aupres du departement de sante environnementale de leur autorite locale 28 jours avant l'ouverture. Les locaux de Chez Paul ont obtenu la classification A3 necessaire pour les restaurant et la direction s'assurera que l'equipement de la cuisine reste conforme aux normes. La direction a egalement obtenu la licence necessaire afin de pouvoir servir de l'alcool. Exemple de business plan partie 5 : Strategie. Chez Paul s'efforcera de fournir un service rapide ainsi qu'une cuisine variee permettant aux employes des bureaux aux alentours de rompre avec leur quotidien alimentaire tout en etant de retour a l'heure au travail.
Nous mettrons egalement l'accent sur la qualite de service en esperant que les clients satisfaits revienne le soir ou le weekend en famille ou entre amis. Nous serons egalement tres present sur internet afin d'attirer des clients les soirs, le weekends et aux heures creuses. For A! Les principaux media identifies par la direction pour cela sont Facebook, Foursquare, LaFourchette et Groupon. Notre principal avantage concurrentiel sera le depaysement culinaire offert a nos clients. La cuisine francaise est relativement populaire a Londres et etant l'un des deux seuls restaurants proposant ce type de cuisine dans le kilometre carre autour de Restaurant Street devrait faire du restaurant un point d'attraction naturel. Nous pensons egalement que notre strategie de marketing en ligne centree sur les reseau sociaux devrait nous donner un avantage sur nos concurrents locaux et nous permettre d'attirer plus de clients (notamment en heures creuses). Re Application Essays! Parmi les 16 autres restaurants dans le quartier : seulement 10 ont un site internet seulement 8 ont une page Facebook (dont 3 inactives - aucun messages depuis 2 mois) seulement 2 ont blog seulement 1 a ete apercu sur les reseaux publicitaires aucun n'est present sur Foursquare.
Les prix de Chez Paul seront moderes. Essay School For A Children! Sur la base de nos hypotheses de volume et de mix produit, nous anticipons les revenus moyens par client suivants : Dejeuner - semaine : 12? Diner - semaine : 17? Dejeuner - weekend : 15? Diner - weekend : 20? Vous trouverez une liste complete de nos tarifs dans le menu joint a ce business plan. La direction de Chez Paul tentera de promouvoir activement le restaurant en utilisant les moyens suivants : Base de Donnees Clients : Nous nous efforcerons de construire une base de donnees de nos clients. Thesis! Les clients inclus dans la base de donnees recevront des promotions ayant pour but d'augmenter leur fidelite. Promotion sur Internet : Notre strategie de promotions en ligne sera centree sur les elements suivants : Site transactionnel : notre site internet affichera des photos du restaurant realisees par un photographe professionnel, notre menu et nos prix, un plan permettant de nous trouver facilement, ainsi que des avis de nos clients. Of My School! Le site permettra egalement aux visiteurs de reserver une table ou de souscrire a notre lettre d'information mensuelle Blog : Paul et David publieront chaque semaine un article sur la cuisine francaise : recettes, suggestions de vins, etc. Puting Together A Research! Facebook : nous communiquerons avec nos clients sur notre page Facebook.
Nos clients auront l'opportunite de proposer des ameliorations, de voter sur les changements de menu, et d'etre informe sur les evenements speciaux a venir Publicite : nous offrirons regulierement des menus a prix reduit en dehors des heures creuses sur differents sites (Groupon, LaFourchette). For A Children! Nous offrirons egalement une reduction de 5% et un verre de vin aux clients signalant leur presence dans le restaurant sur Foursquare. Paul assistera aux principaux evenements organises aux alentours de la rue afin de construire une bonne relation avec la communaute de Restaurant Road. Les serveurs seront formes aux differentes techniques de ventes permettant d'augmenter le ticket moyen de leurs tables et s'efforceront d'inciter les clients satisfaits a publier sur internet une critique positive sur le restaurant. Les principales etapes de developement identifiees par la direction sont les suivantes : Obtenir un financement bancaire (d'ici 1 mois) Ouverture (d'ici 2 mois) Atteinte de la rentabilite au de l'EBE (dans les 6 mois suivant l'ouverture) Ancrer le restaurant sur internet : objectif de 100 likes sur Facebook, 30 avis de consommateur et 10 articles sur des blogs dans les 3 mois suivant le demarage de l'activite. Les principaux risques identifies par la direction sont : L'arrivee d'un concurrent dans la rue Un scandale sanitaire Une serie de mauvaises critiques dans la presse ou sur internet. Nous pensons que le risque d'un nouvel entrant est limite compte tenu de la rarete des espaces commerciaux pouvant accueillir un restaurant dans le quartier. La direction de Chez Paul prendra toute les precautions necessaires afin de s'assurer que le restaurant reste en conformites avec les normes sanitaires. Turner Worksheet! La formation des nouveaux employes aux normes d'hygiene et de securite alimentaire sera dirige par by essay children David qui a plus de 18 annees d'experience dans ce domaine.
Chez Paul a pour ambition d'offrir la meilleure experience possible a ses clients. Turner Frontier Thesis Worksheet! Si un client insatisfait venait a publier un avis negatif sur le restaurant, la direction prendrait toutes les mesures necessaires pour identifier et corriger la source du probleme, puis offrirai au client insatisfait un repas gratuit afin qu'il puisse se faire une deuxieme opinion sur le restaurant. Exemple de business plan partie 6 : Operations. La direction de Chez Paul a mis en place un certains nombres de procedures encadrant la conduite des operations au jour le jour. Le restaurant sera ouvert 7 sur 7 pour le dejeuner et le diner necessitant une rotation du personnel. Essay Of My For A! Le gerant sera charge de la gestion de l'emploi du temps. Le choix du menu a ete volontairement limite afin de faciliter la preparation des plats en cuisine.
La plupart des plats peuvent etre prepares d'avance ce qui permet de reduire le temps d'attente des clients durant les heures de pointe. Latex! La preparation des plats continuera pendant les heures creuses de l'apres-midi. Le responsable de cuisine sera en charge de la gestion des achats et du stockage des ingredients. Essay School For A Children! Un suivi rigoureux des couts sera mis en place. Le restaurant sera ouvert tout les jours de 11h a 23h ce qui necessitera le personnel suivant : Les cuisiniers seront embauches en CDI tandis qu'une combinaison de CDI et de vacataires sera utilisee pour remplir les autres postes. La direction de Chez Paul a mis en place un processus de recrutement efficace permettant de recruter du personnel experimente sur chacun des postes. Thesis Multiple! La majeure partie de recrutements se fera sur recommandation. La formation du personnel sera effectuee en interne.
Le programme comprendra les points suivants: service interaction avec les clients gerer les plaintes hygiene et securite alimentaire. Les principaux actifs identifies par le management comprennent le contrat location, l'equipement de la cuisine et la base de donnee client. Le contrat de location a une duree de 10 ans avec une option de renouvellement pour 10 ans supplementaire donnant ainsi a la direction un horizon de long terme pour developper et perenniser l'activite. L'equipement de la cuisine est garanti 3 ans et sera assure. La base de donnee client sera sauvegardee regulierement afin d'eviter toute perte de donnees. Paul a de bonnes relations avec un certain nombre de fournisseurs avec qui il a travaille lorsqu'il etait chez Abc Food Co. Of My School! Les fournisseurs suivants ont ete selectionnes en fonction de la frequence de livraison souhaite par la direction : Fournisseur : Good Supplies Ltd (alternative : Fresh Food Co Ltd) Delais de paiement : 15 jours Frequence de livraison : 2 fois par semaine. Viandes et volailles : Fournisseur : The North Butcher Ltd. Frederick Jackson Frontier Worksheet! (alternative : Aberdeen Meat Ltd.) Delais de paiement : 7 jours Frequence de livraison : 2 fois par semaine. Fournisseur : Smith Beverage plc (alternative : Camden Drinks Ltd.) Delais de paiement : 30 jours Frequence de livraison : 1 fois par semaine. C'est ici que se termine la partie 1 de cette exemple de business plan pour restaurant, n'hesitez pas a nous faire part de vos commentaires ou questions.
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