The Power of a Woman :: essays research papers fc

The Power of a Woman The familiar saying "Behind every great man is an even greater woman" can certainly hold true in many cases. A woman may very well be the driving force behind any successful man. However, a woman can also use her strong influence in a negative way. This can be seen in Macbeth, where Lady Macbeth is the evil force behind Macbeth's cruelty and evil doings. In Shakespeare's Macbeth, Lady Macbeth is the main reason that Macbeth is transformed from a noble, respected Thane into a ruthless, murderous character. Lady Macbeth fuels his inner desire for power and brings forth his greed and ambition, which both eventually lead to his downfall. The tactics that Lady Macbeth use to drive her husband to this downfall are manipulation, dominance, and her evil nature. Lady Macbeth manipulates Macbeth into believing that he is a coward and a bad husband, which persuades him to agree to the murder of King Duncan. She dwells on the fact that he is a coward, when she says "My hands are of your colour, but I shame/ to wear a heart so white" (2.2.64-65). This instills feelings of embarrassment into his mind, and manipulates him into believing that if he does not murder King Duncan, he will be a weak, cowardly man. Not only is she challenging his manhood, by appearing to be the stronger and braver of the two, but also, by calling his heart "white", she is criticizing his cowardice. The fact that his wife is undermining his masculinity causes Macbeth to want to be stronger, and not to appear weak and timid. When Lady Macbeth yells "Infirm of purpose! Give me the daggers. The sleeping and the dead/ are but as pictures. 'Tis the eye of childhood/ that fears a painted devil" (2.2.53-55), she further contributes to the shame which she has driven into Macbeth's mind. She bluntly tells him that he is acting like a weak, nervous child, and insults him for being afraid of something that is already dead! This shame encourages Macbeth to want to consent to his wife's plan. Another method which Lady Macbeth uses to manipulate her husband's mind is by making him feel guilty for being a bad husband, who breaks his promises: "What beast was't then/ that made you break this enterprise to me?" (1.7.47-48). She knows that by saying this, he will feel remorse for breaking a promise to his wife whom he loves so much. The Power of a Woman :: essays research papers fc The Power of a Woman The familiar saying "Behind every great man is an even greater woman" can certainly hold true in many cases. A woman may very well be the driving force behind any successful man. However, a woman can also use her strong influence in a negative way. This can be seen in Macbeth, where Lady Macbeth is the evil force behind Macbeth's cruelty and evil doings. In Shakespeare's Macbeth, Lady Macbeth is the main reason that Macbeth is transformed from a noble, respected Thane into a ruthless, murderous character. Lady Macbeth fuels his inner desire for power and brings forth his greed and ambition, which both eventually lead to his downfall. The tactics that Lady Macbeth use to drive her husband to this downfall are manipulation, dominance, and her evil nature. Lady Macbeth manipulates Macbeth into believing that he is a coward and a bad husband, which persuades him to agree to the murder of King Duncan. She dwells on the fact that he is a coward, when she says "My hands are of your colour, but I shame/ to wear a heart so white" (2.2.64-65). This instills feelings of embarrassment into his mind, and manipulates him into believing that if he does not murder King Duncan, he will be a weak, cowardly man. Not only is she challenging his manhood, by appearing to be the stronger and braver of the two, but also, by calling his heart "white", she is criticizing his cowardice. The fact that his wife is undermining his masculinity causes Macbeth to want to be stronger, and not to appear weak and timid. When Lady Macbeth yells "Infirm of purpose! Give me the daggers. The sleeping and the dead/ are but as pictures. 'Tis the eye of childhood/ that fears a painted devil" (2.2.53-55), she further contributes to the shame which she has driven into Macbeth's mind. She bluntly tells him that he is acting like a weak, nervous child, and insults him for being afraid of something that is already dead! This shame encourages Macbeth to want to consent to his wife's plan. Another method which Lady Macbeth uses to manipulate her husband's mind is by making him feel guilty for being a bad husband, who breaks his promises: "What beast was't then/ that made you break this enterprise to me?" (1.7.47-48). She knows that by saying this, he will feel remorse for breaking a promise to his wife whom he loves so much.

Jeffersonian Democratic Republicans :: History

  Ã‚  Ã‚  Ã‚  Ã‚  The Jeffersonian Democratic Republicans were characterized as strict constructionists. Which explains why they wanted the United States to be controlled by the states, not a central government.   Ã‚  Ã‚  Ã‚  Ã‚  On August thirteenth eighteen hundred, Thomas Jefferson addressed the nation to let individual know that The United States was much too large to have a central government to direct the affairs of the nation. Meaning that we have the need of state officials and not just the national leaders. Therefore, we have independent states to handle the events and laws within the boundaries of each state. Although at the international level we are as one United Nation.   Ã‚  Ã‚  Ã‚  Ã‚  On January twenty-third eighteen o eight, Jefferson informed Samuel Miller, who was a Presbyterian minister that the United States government could not interfere with a citizen’s religious beliefs. According to what was written in the first Amendment of the Bill of Rights â€Å" Congress shall make no law respecting an establishment of religion.† This became effective on December fifteenth seventeen ninety-one. There was nothing that can make one participate in religious exercises.   Ã‚  Ã‚  Ã‚  Ã‚  The cartoon illustrates the embargo of eighteen o eight and was confusing to the citizens. Because it was stated as the â€Å"Ograbme†   Ã‚  Ã‚  Ã‚  Ã‚  On December ninth eighteen fourteen, Daniel Webster a federalist from New Hampshire, gave a speech to the House of Representatives. His speech addressed the draft. Webster argued that it was not right to â€Å"take children away from their parents, and parents from their children. Jeffersonian Democratic Republicans :: History   Ã‚  Ã‚  Ã‚  Ã‚  The Jeffersonian Democratic Republicans were characterized as strict constructionists. Which explains why they wanted the United States to be controlled by the states, not a central government.   Ã‚  Ã‚  Ã‚  Ã‚  On August thirteenth eighteen hundred, Thomas Jefferson addressed the nation to let individual know that The United States was much too large to have a central government to direct the affairs of the nation. Meaning that we have the need of state officials and not just the national leaders. Therefore, we have independent states to handle the events and laws within the boundaries of each state. Although at the international level we are as one United Nation.   Ã‚  Ã‚  Ã‚  Ã‚  On January twenty-third eighteen o eight, Jefferson informed Samuel Miller, who was a Presbyterian minister that the United States government could not interfere with a citizen’s religious beliefs. According to what was written in the first Amendment of the Bill of Rights â€Å" Congress shall make no law respecting an establishment of religion.† This became effective on December fifteenth seventeen ninety-one. There was nothing that can make one participate in religious exercises.   Ã‚  Ã‚  Ã‚  Ã‚  The cartoon illustrates the embargo of eighteen o eight and was confusing to the citizens. Because it was stated as the â€Å"Ograbme†   Ã‚  Ã‚  Ã‚  Ã‚  On December ninth eighteen fourteen, Daniel Webster a federalist from New Hampshire, gave a speech to the House of Representatives. His speech addressed the draft. Webster argued that it was not right to â€Å"take children away from their parents, and parents from their children.

Dionysus :: Ancient Rome Roman History

Dionysus Dionysus, also known by his Roman name Bacchus, which he appears to have two different origins. Dionysus was the god of wine, agriculture and fertility of nature, but on the other hand he also represents the mystery in religions. Scholars believe that this god came about later in pre-history, unlike other gods. Almost all barbarian nations had their own versions of Dionysus under many names such as, Bacchus, Zagreus, Sabazius, Adonis, Antheus, Zalmoxis, Pentheus, Pan, Liber Pater, or simply "the liberator." His symbol was the thyrsus, (which is a staff tipped with a pinecone, sometimes with ivy leaves) Dionysus was born of fire, he was good and gentle to those who honored him, but he also brought madness and destruction to those who ignored him or the rituals of his cult. "One day, Zeus was traveling on Earth. He wore a disguise; because undisguised no mortal could look at him and live. He came to Thebes, and Ancient City of Greece where he fell in love with Semele, the daughter of King Cadmus. Their love was immense, and before they knew she became pregnant. Semele wanted nothing else but to look into the eyes of her true love. Her nurse, who happened to be the disloyal Hera in disguise, influenced her cruelly. Semele could not stand it any longer and finally, she asked Zeus to give her a good fortune. He was deeply in love with the young women and did anything she pleased. He swore an unbreakable promise on the river Styx that she could have anything she wished for. Meaning no harm, Semele asked to see the god of thunderbolt, Zeus was frightened. He knew that this would mean her guaranteed death. "NO" he cried in torment. "Anything but that. You do not know what you're asking for." She insisted and Zeus miserably kept his word and granted her wish. As he reveled his burning appearance, the unlucky Semele was almost completely destroyed by the fire, except her womb, which she had wrapped with some ivy. Zeus was angry, he quickly took the fetus from the womb, cut open his own thigh, and put the child into it. The child continued to grow in Zeus's thigh, when development in the womb was complete, Zeus gave birth to the baby, Dionysus. The child of fire had been born with a brand new force to be discovered.

Poetry Comparison Compare Blake’s ‘London’ and Wordsworth’s ‘Composed upon Westminster Bridge’ Essay

The two poems ‘London’ and ‘Composed upon Westminster Bride’, offer differing views on the city of London. Blake presents London as lifeless, dismal and monotonous, whereas Wordsworth’s London is very different. He feels it as beautiful, magnificent and exciting. Blake’s poem consists of four different stanzas all of equal length. This gives a sense of order and regularity. This demonstrates that the people of London live a controlled life, which has no variety. Blake uses repetition, which gives a sense of anguish, ‘And mark in every face I meet, Marks of weakness, Marks of woe’. This stresses the tedious pace of life. Blake also shows that the people of London are trapped in themselves, ‘In every voice, in every man, the mind forged manacles I hear’. This demonstrates that the people of London cannot express themselves as they are trapped in their own minds. Blake’s London shows the poets anger towards some members of the community. Blake blackens the city by painting images of child labour, ‘how the chimney sweepers cry; every blackening church appals’. This shows that the church is a hypocrite as they are using chimneysweepers themselves. Blake also dislikes the rich aristocrats by describing ‘how the hapless sigh, runs in blood down the palace walls’. This emphasises that the poor work very hard and fight pointless battles while the rich reap the rewards and benefits. In stanza four Blake paints a disgusting picture of prostitution, ‘the youthful harlots curse, blasts the newborn infants ear’, this tells the reader that prostitution leads to disease and plagues, many unwanted. Married men spilt up with their wives. Prostitutes have children, so the cycle continues for years. Blake combines ideas of ‘marriage and hearse’, this to show that the life cycle for people in London is death and suffering. Also Blake horrifies the reader by using different sounds to describe the feelings of people who live in London. He describes ‘moans’ and ‘cries’ to show the reader the depression of the people in London. The city of London is full of sorrow for every man and every infant ‘every cry of every man, in every infants cry of fear’. Also it is very negative and everyone feels depressed ‘harlots curse†¦ soldiers sigh’. Blake intensifies this gloomy atmosphere further, by using iambic meter in his poem. The use of iambic meter and an (ABAB) rhyming scheme for example ‘street†¦flow†¦meet†¦woe’, illerates to the reader how monotonous everyday life in London is, ‘I wandered though each chartered street’. The fact that Blake is wandering through London suggests that the city is boring and has no aims or direction. The reader can work out that Blake is blaming his apathy on the city itself and perhaps it is London’s fault that the population has ‘marks of woe’. Blake’s poem is clearly written about life in the slums of London, while Wordsworth, in his sonnet ‘Composed Upon Westminster Bridge’ focuses on a more general way on the majesty and splendour of London. Wordsworth was a nature lover who normally didn’t like the cities but in the early morning he sees something wonderful and glorious about London. Wordsworth realises that this moment is only temporary ‘never did the sun more beautifully steep in his first splendour, valley, rock or hill’. It was pollution less city bright and splendid. Nothing evil dark or dismal like Blake’s London. ‘This city now doth like a garment wear’, it demonstrates that it is an out of this world experience. He personifies the city, bringing it to life, in order to show how this is a transient moment. Wordsworth also respects the city for its beautiful buildings, unlike Blake who sees it as a city of degraded humanity noting the ‘harlot’s curse’. Wordsworth sees many beautiful ‘towers, domes, theatres and temples†¦ open into the fields and to the skys’. This shows the stillness and emptiness. This is a laying affect to show that man made objects can be as good as nature, unlike Blake who sees misery. Wordsworth uses a very calm and tranquil tone to describe London. This poem is written in the firm pentrarchian sonnet, with iambic pentameter utilises an (ABBA, ABBA, CDCD) rhyme scheme unlike Blake’s continuous (ABAB) rhyme scheme. This creates an unhurried pace with a peaceful mood lacking the intensity of Blake’s poem. It also provides a slow pace to take in the beauty of London in the early morning. Wordsworth’s surprise at the beauty of London is seen when he directly addresses ‘Dear God’! Using an exclamation mark, Wordsworth address God twice to stress his personal reaction to London’s beauty-he wants the reader to see the awe of London, the exclamation mark stresses the shocked pleasure by his reaction. The ‘mighty heart’ demonstrates that the people are the heart of the city-sees London as alive and living part of city working together. Wordsworth values people, as they are the centre point of London. Wordsworth tries to tell the reader that the Thames is working in harmony with the rest of the city. However, although the imagery of London Blake creates through its depressed state and ‘every cry of every man’. In my opinion I prefer Wordsworth’s poem ‘Composed Upon Westminster Bridge’, because he uses personification and makes the city feel beautiful. He states how ‘dull of soul’ anyone would be if they didn’t admire the beauty of London in the early morning. The way Wordsworth describes the cities buildings has a positive effect on the poem and this is why I prefer ‘Composed Upon Westminster Bridge’.

Ethics of Offshoring Novo Nordisk

Critical issued of the appropriateness of conducting clinical trials in emerging countries has arisen over years. Being a leading company in biopharmaceutical industry, Novo Nordisk faces the critiques of whether it is justice to offshoring their clinical trials in developing economies. With the consistency of ethical principles brought up by Novo Nordisk, the company would be able to move their trials into emerging economies with the best interest for stakeholders. I will also propose ideas to Mr, Dejgaard for possible approach to media as well as the practices that Novo Nordisk could have changed over time at the end. Conducting Clinical Trials in Emerging Economies With Utilitarian approach, every party has different perspectives in the outcome of an action. In this case, we have shareholders, employees, customers, supply chain, government and local communities, with secondary stakeholders of media, special interest groups and NGOs. For customers, government and local communities, they emphasize more on the proof of efficacy and safety of medical products. While shareholders, employees, supply chain care more of the profitability as a whole in general. As a result, Novo Nordisk will be better off maximizing its profits while holding their ethical justice for conducting clinical trials in emerging countries. Economic Aspect As the Nobel prize winner, Milton Friedman pointed out that making profit will be the first priority for business to fulfill social responsibility, Novo Nordisk has every right to maximize its best interest for its stakeholders include shareholders, employees, customers, suppliers, governments and local communities. From financial performance stand point, conducting clinical trials in emerging economies benefits Novo Nordisk from saving costs, accessing to larger demographic participant, obeying less strict rules applied, and establishing efficacy in different environmental onditions. Ethical Aspect On the other hand, firms should consider the corporate social responsibility brought by the society. Firms definitely need to incorporate their highest moral standards to build trust and reputation for themselves in order to better off in long run. Novo Nordisk always follows the regulation from Helsinki Declaration with other international ethical guidelines. They made sure that the inte rest and well-being of the trial subject should always transcend over the interest of science, society and commerce. Decision Principles Even though I think conducting clinical trials in emerging economies is beneficial to the firm, Novo Nordisk should still follow below guidelines for this major decision to protect its own reputation and serve the best interest for every stakeholder: †¢ Execute clinical trials when the internal organization is well established and external environment is proper regulated in emerging countries. †¢ Conduct placebo clinical trials when they are scientifically and ethically justified. †¢ Ensure the human rights of the participants in emerging countries associated with the predictable risks Responses to The Media I understand that Mr. Dejaard holds a high ethical stands, and is not interested in misleading the public or ethical dissembling in the response. It is also important to clear up the actions Novo Nordisk has taken for the past years and give public a clear picture of how the firm is operating. If a journalist is inviting for an interview, Mr. Dejaard should present himself into the public and response to the inquiry people have, otherwise, absence will only show irresponsible image that he might try to escape from the issue. Medical Ethics I will suggest Mr. Dejaard to pull out historical data indicating that the random checks investigated from Food and Drug Administration (FDA), the American and European authorities have never identified ethical problems in clinical trials in emerging economies. Second, assert the ethic codes from their company will help the publics to receive the image of Novo Nordisk has complied with the Helsinki Declaration of the World Medical Association. Ethical Business Media might inquiry the fairness of conducting placebo experiment in emerging countries by Novo Nordisk based on the industry trends in recent time. Mr. Dejaard could response to them that Novo Nordisk usually stay away from placebo trials, and only used in phase 1 trials which only healthy volunteers participated. Also, Novo Nordisk framed new business ethics policy in 2005 with generally accepted high standards while training managers and employees attending workshops and offering e-learning policy. To better respond to the media, Mr. Dejaard could also indicate that Novo Nordisk will try to implement some new action plan that could benefit stakeholders as a whole in order to minimize ethical conflicts. I suggest the following action plan for Novo Nordisk to benefit them in long run. Action Plan Enhance Auditing System To build trust for the stakeholder for Novo Nordisk, I believe the firm should develop a more solid auditing system. Instead auditing 10% of all trials, Novo Nordisk should increase the rate up to 50% or more. From a public view, 10% of investigating in all trials is not sufficient enough to prove that the trials are ethical conducted. With the increasing number of trials being audited and investigated, the quality of the clinical trials could be better controlled. Build up Placebo Experiment Standard In the â€Å"Clinical Trials: Novo Nordisk’s Position,† it pointed out that placebo will only be used as comparator when scientifically and ethical justified. It is quite unclear for public to know what would be an appropriate placebo experiment for Novo Nordisk to conduct while proven therapy is available. It is important to insiders to identify whether or not conducting placebo experiment under certain circumstances will have any additional risk and irreversible harm.

Rear Window

Lauren Riley Professor Piana February 26, 2012 Rear Window Last class we viewed the film called Rear Window. The main plot behind this film is the main character, Jefferies, has a broken leg therefore he has to spend 6 weeks in a wheelchair in his apartment. The one form of entertainment he has is to window watch all his neighbors. Jefferies has a girlfriend named Lisa but tells his nurse that he does not want to marry her. After a few weeks Jefferies catches onto his neighbors business. He seems to think one of his neighbors named Thorwall murdered his wife.He gets this perception from weapons being brought into the apartment and a random disappearance of his wife, while some of her belongings stay at the apartment. From here he spends the rest of his time trying to solve this â€Å"murder† mystery. He gets help from his girlfriend, a friend and his nurse. Towards the end of the movie the action increases dramatically. Lisa sneaks into Thorwall’s apartment to look for evidence of the murder. While she is in their Thorwall comes back and finds her in his apartment and begins to beat her. The police are then called and Lisa is brought to jail for trespassing.Next Thorwall sneaks into Jefferies apartment and begins to beat him up even though Jefferies is helpless because of his leg. He then pushes him out the window and survives but then breaks his other leg and has to go 6 more weeks’ window watching in his apartment. Important scenes play a big role in films. The first important scene is when Jefferies first discovers Thorwall’s wife is gone. This is when he comes up with the idea of the murder. This is the scene that begins the conflict in the film. Another important scene is when Lisa sneaks into Thorwall’s apartment and gets caught. This scene is the climax of the film.A final important scene is when Lisa is let out of jail and the policeman catch Jefferies out of the window and he breaks his other leg, this shows irony and a predicted future for him. Throughout films we see repeated elements. First we see girls wearing dresses. Back then girls were always dressed nicely. This is repeated throughout the whole film. A big element repeated is when Thorwall leaves his apartment 3 different times during one night when it was rainy out. He has his suitcase with him every time as well. This portrayed the first image of suspicion. Another repeated prop was binoculars.This was important because it helped them figure out the murder case and was an essential tool in this film. This film portrayed neighborly conflict. As we have seen in prior films, everyone must love they neighbor. I believe this was broken in this film. First we see someone’s dog was killed and she immediately starts blaming and asking which neighbor killed her dog. Another time where we don’t see loving neighbors is when Thorwall uses violence against Lisa and Jefferies. Respect for neighbors was not followed in this film. Withi n this film we see a lot of marital and serious relationships.We are portrayed with the image that the girl cooks dinner for the man every night and sets up a nice table and helps him relax after a long days of work. Unfortunately Jefferies sees a lot of this, but continues to believe in not marrying Lisa. Towards the end of the movie though his perspective changes. It shows Lisa and Jefferies happily relaxing in his apartment together. Within this film Hitchcock used Montage editing. This was a new concept back then and Hitchcock did a fantastic job using it. We saw frames from lots of different angels and frames put in order to create meaning.

Writing the Memo

WRITING AN OFFICE MEMORANDUM If you work as a paralegal or law clerk after your first or second year of law school, you will most likely spend some of your time researching and writing objective memoranda, or interoffice memos. Typically, an attorney asks you to provide a realistic analysis of the law as it applies to the facts of a client’s case. The purpose is to inform – not persuade. Although you should remember which conclusion favors your client, also keep in mind that you will represent the client most effectively by being objective and realistic.The memo might be read many times – possibly, over a period of months or years by several different attorneys, including the writer, who may use it as a resource long after it is drafted. The attorney will use the information contained in the memo to advise the client and may use it to prepare a document that will ultimately be filed in court. For example, a partner may be asking you whether a particular client ha s a valid legal claim. If you conclude that the answer is â€Å"yes,† then this will probably turn into a lawsuit. At that point, some parts of the memo may be incorporated when the complaint is drafted.The memo might me consulted a third time when the attorney responds to a motion to dismiss; a fourth time while drafting interrogatories; a fifth time before making a motion for summary judgment; a sixth time before trial; and a seventh during an appeal; and so on. PARTS OF MEMO[1] 1. A memorandum heading 2. The Issue (sometimes called Question Presented) states the question(s) that the memorandum resolves. The Issue also itemizes the few facts that you predict to be crucial to the answer. (Such as travel expenses to out-of-state, keeping child out of danger, and commission of crime).The reader should understand the question without having to refer to the facts. 3. Brief Answer (sometimes called Conclusion) states the writer’s prediction and summarizes concisely why it is likely to happen. Some writers begin with a direct response such as â€Å"yes† or â€Å"probably not. † Our book says that they do not prefer this. Sometimes this is client or partner driven. Also, some questions lend themselves to answers such as â€Å"yes† or â€Å"no. † Allusion to determinative facts and rules. Do not omit key facts. Begin by just re-stating your issue as a declarative sentence. Do not omit the reasoning.Do not include citation to authority or application of relevant law. Many attorneys only read this part. 4. Facts set out the facts on which the prediction is based. 5. Discussion is the largest and most complex part of memo. It proves the conclusion set out in brief answer. If the discussion is highly detailed or analyzes several issues, it should be broken down into subheadings. Here is what the memo will look like and more information on each section. MEMORANDUM TO:Senior Partner [Please block-indent so that the information line s up, as demonstrated] FROM:Your Name DATE:(date assignment is submitted)RE:(A concise label for the issue considered: mention the parties; your firm will file your Memo by names and cause of action–and, perhaps, by jurisdiction) The proper format is always double-spaced. Do not double-double space between sections. Plain old, regular double-space is sufficient. FACTS Here, recite all material facts, usually in chronological order. A â€Å"material† fact is a â€Å"dispositive† fact, or one upon which the outcome will depend. It is a fact that will affect the outcome in one way or another. Please include all material procedural facts as well as all material substantive facts.This means that it is essential to include all relevant times, dates, and places. You should begin with an â€Å"overview† sentence that sets the full context and begins to describe the problem presented. Please review your reading and as many samples as possible to understand both th e range and scope of what is acceptable as professional practice. Remember your role Watch for the tendency to try to â€Å"prove† something by the way you tell the story. NO LEGAL ANALYSIS! 1) USE NEUTRAL LANGUAGE AND OBJECTIVE CHARACTERIZATIONS. Rather than writing â€Å"the D was speeding through the school zone,† write â€Å"the D was traveling 50 MPH through the school zone. Rather than writing â€Å"The D brutally beat the victim,† write â€Å"The D struck the P on the head, resulting in a cut over his left eye. † 2) Include unfavorable and favorable facts. QUESTION PRESENTED Phrased as a question and ending with a question mark, state the specific issue or issues you will address. One method is to use the technique: under? (describe the law); does? (state the issue); what? (give the legally relevant or â€Å"dispositive† facts). Some memoranda use the commonly seen style of: â€Å"Whether . . . .† As always, discuss with your profess or to see which he or she prefers.But whatever the method, the following advice applies: †¢ Should be concise single sentences that include relevant facts and general propositions of law. †¢ Don’t say, â€Å"Whether a niece can recover for negligent infliction of emotional distress,† when you can say, â€Å"Whether, under Iowa law, a niece who witnesses the aftermath of an automobile accident involving her uncle from a block away can recover for negligent infliction of emotional distress when she observes his severe injuries upon arrival at the scene. † BRIEF ANSWER You phrased (or asked) a question in the section above. Answer it here: â€Å"Yes. † â€Å"No. â€Å"Probably not. † Use a period. Your Brief Answer follows the same formula and sequence as your Question Presented. It answers the questions â€Å"under? does? what? † except, the Brief Answer should include a brief statement of your reasons beginning with the word  "because. † DISCUSSION The heart of a Memorandum, this section asks you to explain the law and explain the facts. Getting it â€Å"right† will take time. Be patient. Your goal is to â€Å"synthesize† the cases and extract a common rule of law. To do this, you will need to identify the common elements that allow you to analyze and discuss several cases at once.A common mistake, legal writers frequently engage in â€Å"listing behavior. † They treat each case independently and sequentially, beginning each paragraph with â€Å"In†Ã¢â‚¬â€œfor example, â€Å"In Callow v. Thomas† or â€Å"In Brown v. Brown. † Looking down a written page, the lawyer will see a ladder-like effect, the â€Å"in-ladder,† where each succeeding paragraph begins with the word â€Å"in† followed by a case title. Often â€Å"listing behavior† culminates in â€Å"dump-trucking† when the lawyer saves up and â€Å"dumps† all the legal analysis into the last paragraph.In addition, lawyers will frequently â€Å"front-load,† squeezing all the legal rules of law into the very first paragraph. To avoid these pitfalls, begin your discussion with a general overview in a thesis or â€Å"roadmap† paragraph. Your thesis paragraph is the first paragraph in the Memorandum – and the first paragraph in a Discussion section. Always begin your thesis paragraph with a sentence to anticipate–and announce–your ultimate conclusion. Tell the reader where you are headed and be a tour-guide to your argument or analysis. Then, taking one point at a time, write a thesis sentence that answers the questions of â€Å"what-is-your-point? of this particular paragraph. Next, set forth the legal Rule that applies. Include the proper citation. Next, Analyze (explain) what the law or legal rule means. Next, Analyze (explain) how the relevant facts fit (or do not fit) the legal or factual standard. Finally, Conc lude each paragraph with a summarizing statement and each sub-issue with a specific sub-issue summary. Sometimes, this method is referred to as a variation of the acronym: IRAC. Other legal writing professors have some other acronym such as REAAC or FIRAC. Still, others simply refer to it as the 5-step process. Keep in ind that these are all â€Å"formulas† that legal writing professionals are using to introduce you to presenting a legal argument. Ultimately, you will use a style or formula that works best for your particular argument. But virtually every aspect of every legal argument must contain a 1) Statement of Rule or Applicable Law; 2) Analysis of the law and how it Applies to your relevant facts; and 3) a Conclusion on each of these sub-issues. Similarly, when a discussion requires several paragraphs, the writer may not reproduce the exact IRAC structure within each and every paragraph, but may require several paragraphs to develop fully the full set.As always, know y our audience and talk about the method of legal analysis that your professor, or in the future, your employer, prefers. And remember that learning how to synthesize statutes, cases, and secondary sources and then presenting them in a clear, concise, and logical manner takes time and practice. A FEW IDEAS ABOUT WRITING — MEMORANDA[2] Many students, approaching memo writing for the first time, are often unsure of how to proceed. We have put together a few tips for first (and second and third) time memo writers that we hope will be helpful.Note: No single set of guidelines could possibly address all the matters related to memo writing. If you have questions about a particular assignment, be sure to check with your professor. 1. Find the test(s). In assigning a memorandum, professors are generally evaluating you on parsing a particular statute or test. In other words, they want you to use other cases to explain how your case either does or does not satisfy a test laid out in a ca se or a statute. For example, let’s say your case involves a niece (Mary) who witnessed her uncle (Jack) being injured in an automobile accident.Mary wants to bring suit for negligent infliction of emotional distress as a result of witnessing that accident. In Burger v. McDonald, the Supreme Court of Iowa laid out a three part test to determine whether a bystander’s injury was reasonably foreseeable and, thus, legally actionable: 1. Whether the bystander was located near the accident. 2. Whether the injury resulted from sensory and contemporaneous observance of the accident, as opposed to hearing about it from others after its occurrence. 3. Whether the bystander and the victim were closely related.NOTE: If the memo involves more than one issue, your memorandum may involve more than one test. 2. Use the test as your outline. Tests come in two parts, or three (as above), often with subsections. Ideal for an outline. Use the major parts of the test as your major points, the subparts as sub-sections. Paragraph Structure 3. Begin paragraphs with affirmative propositions that parallel the test. In the above example, your first sentence should say something like: â€Å"Mary was located near the scene of her uncle’s accident, satisfying the first part of the Burger test. † 4.Support your affirmative propositions. All propositions of a legal nature must have legal support. Where is your authority for your proposition? Cite it. For example: â€Å"See Burger, 606 N. W. 2d at 321 (bystander must be located near accident to recover for negligent infliction of emotional distress). † 5. Discuss the facts of your support. What happened in the case you just cited? Explain in a concise and relevant way. For example: â€Å"In Burger, the court held that a mother who witnessed an accident on the street from the front door of her house was located near the scene of an accident. 6. Discuss the relevant facts of your case. Point to the facts that are similar to the facts of the authority you’ve just discussed. For example, you could continue from above as follows: â€Å"Mary was standing a block from the accident, heard the crash, and saw her uncle being pulled, bleeding, from the car. † 7. Analogize/Conclude. What conclusions do you think the court will draw from the similarity between your facts and the facts of your authority? For example: â€Å"Although Mary did not see the accident, she was close enough to hear it and witness her uncle being pulled from the car.Thus, a court will likely conclude that she was located near the accident. † Alternative Paragraph Structure 8. Discuss other relevant authority. Once you’ve opened the previous paragraph with your affirmative proposition, your subsequent paragraphs can discuss the facts of other relevant cases without repeating the proposition as your opening sentence. For example, you could begin the next paragraph: â€Å"In Cameron v. Jones, the C ourt of Appeals held that a mother who was twenty-five feet away from her child when she heard a metal sculpture fall on him was located near the scene of the accident. 9.Discuss contrary authority. Are there cases that go against your position (or the position the partner/judge/etc. would like you to hold)? Another subsequent paragraph could open with: â€Å"But, in Alfred v. Stern, the court held that a father did not have a valid cause of action for negligent infliction of emotional distress. † Then follow steps 5, 6, and 7, above, except this time, when concluding, tell the reader why the court won’t follow or give much weight to this contrary authority (e. g. , the facts are different). 10. Move on to the next part of the test. Follow steps 3-9 above for the next section of your test.Remember, a memorandum also includes issues presented, a brief answer (which usually follows the issues presented), and a statement of facts. These are often best written after youâ⠂¬â„¢ve written the body of the memorandum, since you’ll have a better idea of the issues once you’ve tackled the problem (though a tentative draft might help to get you started). Here is a checklist for those introductory sections of an office memorandum: Heading 1. Have you included the name of the requesting attorney (or professor), your name, the date, the client’s name, and a phrase identifying the particular legal matter or issue?Facts 2. Have you included all legally significant facts? 3. Have you included sufficient factual context? 4. Have you included any major emotional facts? 5. Have you avoided including discussion of legal authority? 6. Have you avoided â€Å"arguing† the facts or drawing legal conclusions? 7. Have you identified the client and the client’s situation at the beginning of the Fact Statement? 8. Have you selected an appropriate organization (chronological, topical) for the facts? 9. Have you maintained neutral language a nd objective characterizations? 10.Have you included both favorable and unfavorable facts? Question Presented 11. Have you stated the legal question and the significant facts? 12. Have you edited to achieve one readable sentence? 13. Have you maintained an objective perspective? Brief Answer 14. Have you stated the answer in the first several words? 15. Have you included a statement of the rule? 16. Have you stated a summary of the reasoning leading to the answer? 17. Have you kept the BA to a maximum of one-third to one-half a double-spaced page? 18. Have you taken a position, even if you are not sure? ———————– 1] Be sure to keep in mind that an office memo is an internal document for law firms; therefore, each particular firm is likely to have a preferred format. For example, the firm may use different words for different sections title, may order sections differently than described here, or it may include other sections not described in this manual. If your reader (whether it be your professor or your employer) has a preferred format, obviously use it. If you are not sure if your reader has a particular preference, then ask! [2] Many of these tips were originally created by Writing Resource Center, University of Iowa College of Law.