Wednesday, December 25, 2019

All About Cbest Writing Prompts

All About Cbest Writing Prompts Your paper does not need to be ideal. Should you do the writing before other sections, don't dwell on what you might think is a poor paper. Make notes or an outline before you commence writing. Practice writing in cursive by means of a pencil. If you're stuck on writing, go on to a different section you haven't finished, or review a section you've got. No particular content-area knowledge is needed to finish the writing assignments. Choose whichever side is easier that you compose an essay on. The second sort of essay that you'll have to write for the test is the expository kind of essay. The Fundamentals of Cbest Writing Prompts Revealed 1 essay will ask you to compose an analysis of a certain situation or statement. Neither topic demands any advanced, specialized understanding. The questions are presented as word difficulties and will request that you address mathematical difficulties. The majority of the questions are presented as word troubles. It's among the ways candidates can satisfy the fundamental skills requirement for teacher certification. A candidate may take any 1 subtest or all subtests in one session. He will be asked to review exhibits and provide a written analysis of a hypothetical situation. The absolute most crowded channel is the hardest spot to become noticed. Each sample test is going to be graded by the computer and you'll have the chance to find the way in which each product is correctly answered. Our completely free CBEST sample tests give you a chance to evaluate how well you're ready for the true test, and concentrate on the regions you require work on. This test is just about content. Each section starts with the information and abilities needed. No is surprised this test is all about only the content. There are plenty of instructions given to steer you through the test. If you gain from these types of materials, just click the hyperlink below! `Roses are among the most recognized sorts of flowers. You do not need to be technical, but use a number of words. Or draw a name from a hat. Quite simply, avoid utilizing the word you. You'll limit your choices and boost your probability of getting the right answer. Take 10 minutes and earn a list of all you know a lot about. There are lots of guides available at websites including www.amazon.com. For that reason, it's more difficult to idolize and consider someone a hero once we are older. What the In-Crowd Won't Tell You About Cbest Writing Prompts You'll be allowed 4 hours to take the comprehensive exam. You're going to be given 30 minutes to finish each assignment. Said why not compose an hour. Think of all of the hot educational topics the last few years. Whispered Cbest Writing Prompts Secrets When the test day arrives you are going to have no surprises! Paper-based scores take approximately 3 weeks. The score for the whole test is figured by adding the individual test scores from the 3 sections. To pass the test, you require a whole score of 123 for all 3 sections. Imagine that you're a school principal faced with the job of making policy for your school. In the 2nd prompt, you'll have the opportunity to write about a one of a kind personal experience. Other individuals believe the minimum wage is too low to support a loved ones and must be raised to keep yourself updated with the price of living. The minimum wage in the united states has become the topic of debate for several years. Write about the guy who has had the best influence on your life. It's normal to forget how far you've come in life. To tell the truth, life is nothing like the movies. Write about your function in your family members.

Tuesday, December 17, 2019

The Impact Of Diversity On The Hrm Function Of Recruitment

Men, women, Lesbian Gay Bisexual and Transgender (LGBT) individuals, people of color, and young and old individuals all bring their own diversity. America is filled with diverse individuals. Along with this increase of diversity in the nation, there is an increase of diversity in the workforce. The workforce is becoming more diverse throughout the years, and HRM needs to figure out how to manage the diversity. If diversity is not managed correctly, HRM can face negative media and potential lawsuits. Diversity impacts HRM because if it is managed correctly, it can prove to be the strength of a company and if managed incorrectly it can lead to discrimination issues. If diversity has been the strength of America, it can become the strength of the workforce as well. Diversity affects the HRM function of recruitment. When HRM recruits from a diverse pool of individuals, there are higher chances of selecting individuals with more potential and talent. The viewpoint that an increase in diversity increases performance effectiveness is gaining support because of the talent shortage and an increasingly diverse customer base (McMahon, 2010). Diversity brings forth more options to choose from so HRM does not have to forcefully select a candidate simply because it has to fill a position that is open. HRM can choose a candidate that not only meets the minimal requirements for the job, but can bring more to the company as well. Employee relations is another crucial function of HRM, andShow MoreRelatedThe Challenges Of Human Resource Management872 Words   |  4 Pagesconsiderable impact on human resource management. One of the greatest challenges that human resource management faces in terms of workplace globalization is workplace diversity. Diversity is the condition of having or being composed of differing elements : VARIETY; especially : the inclusion of different types of people (as people of different races or cultures) in a group or organization programs intended to promote diversity in schools.( http://www.merriam-webster.com/dictionary/diversity) HumanRead MoreEssay about Busman1552 Words   |  7 Pages Area of Study 4- The Human Resource Function (i) - Human Resource Management has replaced personnel management, in most large organisations. - Personnel management is a narrower area of management concerned only in recruiting and keeping employment records. - HR Managers contribute to the strategic and operational level, and previous personnel managements have had to take on broader tasks within the organisation, and HR is now a fully integrated function of the organisation. - The role of aRead MoreTable Of ContentsPrefacexiiiPART ONEThe Strategic Human1743 Words   |  7 PagesWhat Is a â€Å"Right† Behaviour? Objectives of Human Resource Management Strategic Human Resource Management The Organization of Human Resource Management The Human Resource Management Profession of the Future The Framework Used in This Book Spotlight on HRM: Will the 21st Century Belong to Canada? Summary Terms for Review Self-Assessment Exercise Review and Discussion Questions Critical Thinking Questions Ethics Question Web Research Incident 1-1: Human Resource Decision Making at Calgary Importers LtdRead MoreHuman Resource Management Is The Body Of Knowledge And A Set Of Practices1336 Words   |  6 PagesWhat is it? Human Resource Management is the body of knowledge and a set of practices that define the nature of work and regulate the employment relationship. HRM is the function within an organization that focuses on recruitment, management and providing direction for the people who work in the organization with the selection of employee, providing proper orientation and induction, providing proper training and the developing skills, assessment of employee (performance of appraisal), providingRead MoreFunctional Areas Of Human Resource Management1583 Words   |  7 PagesKey Functional Areas Human resource management role is to plan, administer, and develop programs and policies that are designed to make efficient use of human resources of an organization. HRM is concerned with the people that are employee and their relationship within an organization. Objectives of HRM are utilization of human resources effectively, maximum development of individual and establishing desirable working relationships among all workers. Human resource management concept indicates thatRead MoreA Brief Note On Race And Gender, And The Family Medical Leave Act Essay1493 Words   |  6 Pagesrace and gender are what most people think of about diversity, the HR team must be more knowledgeable than just the obvious about diversity including additional legislation. For instance, the Age discrimination in Employment Act, the Americans with Disabilities Act, and the Family Medical leave Act are just a few of the legalities that HR needs to implement into their organization. Another consideration for HRM is modifications regarding recruitment strategy such as reaching out to historically blackRead MoreFactors Influencing Hrm3688 Words   |  15 PagesAbstract The following essay is an effort to understand the notion that human resource functions cannot be performed in isolation. There is an intense need to identify the external and internal factors that influence the HRM functions and practices. The essay also identifies how successful companies like Nokia, Sony, Panasonic, Ikea, Commonwealth bank, have managed the impact of various internal and external factors to become leaders in their industry. Human resource management has achieved significantRead MoreHuman Resource Management ( Hrm ) Essay1193 Words   |  5 Pages â€Å"Human Resource Management (HRM) is the function within an organization that focuses on the recruitment of, management of, and providing direction for the people who work in an organization† (Heathfield ?). HRM is focused on how to make the company better with the help of the employees. â€Å"The HRM department members provide the knowledge, necessary tools, training, administrative services, coaching, legal and management advice, and talent management oversight that the rest of the organization needsRead MoreCorporate Social Responsibility Of A Fast Food Industry1488 Words   |  6 PagesThe sustainability issues faced by these players pose a serious challenge to HRM, which plays a crucial role in helping the brand achieve sustainability. HRM needs to keep in mind, the external and internal issues related to sustainability in order to devise strategies to safeguard the interest of the company in the short as well as long run, making them sustainable. With these players foraying into new economies, HRM should understand how the business adapts to the new markets. For eg. Wendy sRead MoreCase Study : My Assigned Parts 1383 Words   |  6 Pagesproducts i.e. Air conditioners, as it fulfil the basic need of customers to provide them comfort in hot weather circumstances. Whereas, the unavailability of spare parts shows company’s inadequate services for their customers and leads to a negative impact on company’s reputation and other potential losses. Providing better after sale services having standard maintenance is the key factor to attain customer satisfaction and become prestigious company in the business market. 4. Key Issues There

Monday, December 9, 2019

Rules of Court Parts of a Pleading Essay Example For Students

Rules of Court: Parts of a Pleading Essay This is based on Sec. 1 of Rule 7 that provides: The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition, but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. In Galling, et al. V. Roars, G. R. No. 147969, Jan. 17, 2005, the caption of the complaint: Heirs of Marino Roars, represented why Reginald S. Roars, as plaintiffs was held insufficient because it did not state the names of the heirs of Marino Roars, b) Body, The body of the pleading sets forth its designation, the allegations to the pars claims or defenses, the relief prayed for, and the date f the pleading. C) Signature. Every pleading must be signed by the party or his council. D) Address. The address is required for service of pleadings, judgments, etc. , and therefore it should not be a post office box. E) Verification. But pleadings need not be verified, unless specifically required by law or rule. ) Certification against forum shopping. This certification is required in complaints or other initiatory pleadings. 2. How is a pleading verified? A pleading is verified b y an affidavit that the faint has read the pleading and that the allegations therein are true and correct of his personal knowledge or eased on authentic records. Verification based on information and belief or on knowledge, information and belief is insu fficient. (Rule 7, Sec. 4) 3. What pleadings, petitions, or applications are required to be verified? We will write a custom essay on Rules of Court: Parts of a Pleading specifically for you for only $16.38 $13.9/page Order now The following are required to be verified: a) All pleadings allowed to be filed in cases governed by the Rule on Summary Procedure; b) Petition for Certiorari; c) Petition for Prohibition; d) Petition for Mandamus; e) Petition for Quo Warrant, f) Complaint for Expropriation; g) Petition tort Contempt, when the proceeding for contempt is initiated other Han by the court motto priori; h) Petition for Review to be filed with the Court of Appeals Linden Rule 42; i) Petition for Review on Certiorari to be tiled with the Supreme Court under Rule 45; j) Petition for Relief from judgment; k) Application for the Issuance of a TROT and/or Writ of Preliminary Injunction; l) Application for Receivership; m) Application for Support Pendent Elite; n) Petition for Change of Name; o) Petition for Writ of Habeas Corpus; p) Petition for Writ Of Impart; q) Petition for Writ of Habeas Data; r) Petition for Cancellation or Correction Of Entries in the Civil Registry; QUESTIONS AND ANSWERS IN REMEDIAL LAW s) Petition for Constitution of Family Home; t) Petition for Annulment of Judgment; u) Petition for Declaration of Absolute Nullity of Void Marriage; v) Petition for Annulment of Avoidable Marriage; w) Petition tort Legal Separation x) Petition for Guardianship off Minor. 4. Section 3, Rule 7 requires that a pleading must be signed by the party or counsel representing him xx x. What is the nature of counsels authority and duty to sign a pleading? Counsels authority and duty to sign a pleading is personal to him; therefore, he cannot delegate such authority to just any person. Republic of the Philippines Generic Development Corporation, GA No. 149576, Gag. 8, 2006. ) Thus, a pleading signed by a person other than the party of his counsel may be treated as an unsigned pleading that produces no legal effect. (Sec Rule 7. ) 5. When may a pleading be treated as an unsigned pleading? A pleading requires to be verified Which contains a verification based on Information and belief, or upon wangled, information and belief, or lacks a proper verification, shall be treated as an unsigned pleading. (Rule 7, Sec. 4) 6. What is the effect of an unsigned pleading? An unsigned pleading produces no legal effect. The court may, however. Allow such deficiency to be remedied if it appears that the same was due to mere inadvertence and not intended for delay. (Rule 7, Sec. 3) 7. What is the effect of a complaint filed by one who claims to represent a party as plaintiff but who, in fact, is not authorized to do so? It has no legal effect. In Manila International Airport Authority V, Riviera Village Less Homeowners Association, Inc. , GAR. No. 143870, Septet. 30, 2005, the Supreme Court, citing Aaron V, Realer, GAR. No. 159156, Jan. 31, 2005, said: The party bringing suit has the ruder to proving the sufficiency to the representative character that he claims. If a complaint is filed by one who claims to represent a party as plaintiff but who, in fact, is not authorized to do so, such complaint is not deemed filed and the court does not acquire jurisdiction over the complaint, It must be stressed that an unauthorized complaint does not produce any legal effect. 8. In relation to pleadings, what are the grounds upon which a partys counsel may be subjected to appropriate disciplinary action? The grounds are: a) If he deliberately files an unsigned pleading: b) If he signs a pleading in violation of the rule; ) If he alleges scandalous or indecent matter in the pleading; d) If he fails to promptly report to the court a change Of his address. Rule 7, Sec. 3) 9. Defendant filed a motion for extension Of time to file answer. He, himself, signed his own motion. The court denied defendants motion on the ground that Without the signature Of a lawyer thereon it was a mere scrap Of paper that did not deserve any attention. Is the court correct? No, the court is not correct. A party may sue or defend an action pro SE because the rule allows him to sign his own pleading. Rule 7, Section 3 provides that every pleading must be signed y the party or counsel representing him. 10. What does a counsels signature on a pleading constitute? (or, What is the significance off counsels signature on a pleading? .ue67072e75f675d646e7f454173482c45 , .ue67072e75f675d646e7f454173482c45 .postImageUrl , .ue67072e75f675d646e7f454173482c45 .centered-text-area { min-height: 80px; position: relative; } .ue67072e75f675d646e7f454173482c45 , .ue67072e75f675d646e7f454173482c45:hover , .ue67072e75f675d646e7f454173482c45:visited , .ue67072e75f675d646e7f454173482c45:active { border:0!important; } .ue67072e75f675d646e7f454173482c45 .clearfix:after { content: ""; display: table; clear: both; } .ue67072e75f675d646e7f454173482c45 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ue67072e75f675d646e7f454173482c45:active , .ue67072e75f675d646e7f454173482c45:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ue67072e75f675d646e7f454173482c45 .centered-text-area { width: 100%; position: relative ; } .ue67072e75f675d646e7f454173482c45 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ue67072e75f675d646e7f454173482c45 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ue67072e75f675d646e7f454173482c45 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ue67072e75f675d646e7f454173482c45:hover .ctaButton { background-color: #34495E!important; } .ue67072e75f675d646e7f454173482c45 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ue67072e75f675d646e7f454173482c45 .ue67072e75f675d646e7f454173482c45-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ue67072e75f675d646e7f454173482c45:after { content: ""; display: block; clear: both; } READ: Rosa Parks EssayThe signature of counsel constitutes a certificate by him that he has read the pleading: that to the best of his knowledge, information, and belief there is a good ground to support it; and that it is not interposed for delay. (Rule 7, Sec. 3) 11. When is there forum shopping? There is forum shopping whenever, as a result of an adverse opinion in one forum, a party seeks a favorable opinion (other than by appeal or certiorari) in another. The principle applies not only with respect to suits filed in the courts but also in connection with litigation commenced in the courts while an administrative proceeding is pending in order to defeat administrative proces ses and in anticipation of an unfavorable administrative ruling and a favorable court ruling. (Villainies V. Dare, G. R. No. 80863, April 1989 [172 SCRAP 8761. Forum shopping is an act Of malpractice that is proscribed and condemned as trifling with the courts and abusing their processes. It is improper conduct that tends to degrade the administration Of discrimination Of justice. (Bone, Inc. NEE G. R. No. 93924, Jan. 23, 1991 [193 SCRAP 251 01. ) In Philippine womans Christian Temperance union, Inc. V. Biretta House Of Friendship, Inc. , G. R. NO. 125571 July 22, 1998 (292 SCRAP 785), it was held that forum shopping exists where the elements of lilts vendetta are present or where a final judgment in one case will amount to re judicial in another. 12 A writ of preliminary injunction was issued by the ROTC. The defendant against whom the writ was issued went to the CA and questioned the propriety of the issuance of the writ. Then, the defendant filed a motion with the ROTC to lift the writ. Is defendants motion tenable? No. After the question of whether the writ should be annulled was elevated to the CA, the ROTC has lost jurisdiction to act on attendants motion. In tact, by filing a motion with the ROTC to lift the writ, defendant himself tried to render his petition with the CA moot and academic. In so doing, defendant showed his disrespect towards the court and is guilty of forum shopping. Outsmart Carp, v. CA, C,R_ No. 88705, June 1 1, 1992. ) 13. The rule requires that a complaint or other initiatory pleading asserting a claim for relief must be accompanied by a sworn certification may either be contained therein or annexed thereto. Suppose plaintiff failed to comply with this requirement, can he amend his complaint so as to incorporate therein the certification against forum shopping? No. Failure to comply with the requirement of certification against forum shopping is not curable by amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case. Such dismissal, however, is without prejudice unless otherwise provided, upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings therein shall institute indirect contempt of court, oviduct prejudice to the corresponding administrative and criminal actions. If the acts Of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be ground for summary dismissal With prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions. (Rule 7, Sec. 5. ) Please note that if the dismissal is without prejudice, the complaint may be refilled. Of course, this time, the pleader must already comply with the requirement of certification on non-forum shopping. Under SC Administrative Circulars Nos. 4-94 and 28-91 the complaint and other initiatory pleadings referred to are the original civil complaint, counterclaim, cross-claim, third (fourth, etc. )-party complaint, complaint-in-intervention, petition, or application wherein a party asserts his claim for relief. Note, however, that compulsory counterclaim does not require a certification on Nan-forum shopping. 14. Suppose the plaintiff files a complaint without a certification on non-forum shopping, may he cure the defect by submitting the required certification after the filing of the complaint? No, lack f certification on non-forum shopping is not curable by submission thereof after the filing of the complaint or initiatory pleading. (Icy v _ Land bank, C,R_ No, 136100, July 24, 200. ) Blitz, in Loyola v. .u61a51cdeb15d1d8cb993565eef423b06 , .u61a51cdeb15d1d8cb993565eef423b06 .postImageUrl , .u61a51cdeb15d1d8cb993565eef423b06 .centered-text-area { min-height: 80px; position: relative; } .u61a51cdeb15d1d8cb993565eef423b06 , .u61a51cdeb15d1d8cb993565eef423b06:hover , .u61a51cdeb15d1d8cb993565eef423b06:visited , .u61a51cdeb15d1d8cb993565eef423b06:active { border:0!important; } .u61a51cdeb15d1d8cb993565eef423b06 .clearfix:after { content: ""; display: table; clear: both; } .u61a51cdeb15d1d8cb993565eef423b06 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u61a51cdeb15d1d8cb993565eef423b06:active , .u61a51cdeb15d1d8cb993565eef423b06:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u61a51cdeb15d1d8cb993565eef423b06 .centered-text-area { width: 100%; position: relative ; } .u61a51cdeb15d1d8cb993565eef423b06 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u61a51cdeb15d1d8cb993565eef423b06 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u61a51cdeb15d1d8cb993565eef423b06 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u61a51cdeb15d1d8cb993565eef423b06:hover .ctaButton { background-color: #34495E!important; } .u61a51cdeb15d1d8cb993565eef423b06 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u61a51cdeb15d1d8cb993565eef423b06 .u61a51cdeb15d1d8cb993565eef423b06-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u61a51cdeb15d1d8cb993565eef423b06:after { content: ""; display: block; clear: both; } READ: Alcohol And Drug Abuse Among College Students EssayCA, 245 SCRAP 477 (1395), the filing of the certification on Nan-forum shopping one day after the filing of an election protest was considered substantial compliance with the requirement In Roadway Express, Inc. U. CA 264 SCRAP 696 SCRAP (1 996), the Supreme Court allowed the filing of the certification on non-forum shopping 14 days before the CA dismisses the petition for review. In Ay Landmark, Go. NO. 136100, July 24, 2000, the Court had dismissed ours petition for lack of verification and certification on non- forum shopping. It, however, reinstated the petition after Clay Submitted a motion to admit the certification on non-forum shopping. In Shipped Inc. V. CA, G. R. No. 143377, Feb.. 0, 2001, when petitioners resident manager, Balling filed the petition, there was no proof attached thereto that Balling was authorized to sign the verification was dismissed. After the dismissal, the petitioner filed a motion for reconsideration, attaching thereto a certificate issued by the board secretary hat ten days prior to the filing of the petition, Balling had been authorized to file the petition. It was pointed out that in Loyola, Roadway, and ay, there were special circumstances or compelling reasons that justified the relaxation tooth rule, In Shipped, the merits of petitioners case constitute special circumstances or compelling reasons that justify tempering the requirement to certification on Nan-forum shopping. IS, The certification on non-forum shopping contains certain Linden-takings to be performed by the party signing it, such as: if there is another action or claim pending between the same parties, he must make a omelet statement of the present status thereof; and, it he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact voting five days therefore to the court in which the complaint or initiatory pleading has been filed. Failure to comply with any of the undertakings constitute violation of the prohibition against forum shopping. What is the difference between failure to comply with the certification requirement and violation of the prohibition against forum shopping? Failure to comply with the certification requirement is merely a cause for dismissal, thou prejudice, of the complaint or the initiatory pleading; while, violation Of the prohibition against forum shopping is a ground for summary dismissal of the complaint or initiatory pleading, and it constitutes direct contempt. (the United Residents Of Dominican Hill, Inc. V. Commission on the Settlement Of Land Problems, G. R. No. 135945, March 7, 2001 16. P sued D for damages. In his answer, D pleaded a compulsory counterclaim for moral and exemplary damages by reason of the unfounded suit filed against him. P moved to dismiss the compulsory counterclaim on the ground that said counterclaim is not accompanied by a certification against forum shopping. The trial court dismissed the counterclaim. Is the dismissal correct? What is the remedy of the defendant? Answer to the First Question: no, the dismissal is not correct, The rule requiring certification against forum shopping has not been contemplated to include a compulsory counterclaim because this kind of counterclaim can only be properly pleaded in an answer. (Santos Thomas University Hospital v. Surly, G. R. No. 129718, Gag. 17, 1998 [294 SCRAP 3821; Poinciana v. Parental, G. R. No. 133284, May 9, 2000. ) Answer to the Second Question: Ordinarily, the remedy of the defendant hose counterclaim is dismissed is to appeal from the order of dismissal. This is because an order dismissing a counterclaim is a final order. However, in the problem presented, the special civil action of certiorari under Rule 65 would be an appropriate remedy because appeal would be ineffective if not futile considering that not a single piece of evidence has yet been presented. At this point, it may also be mentioned that application for search warrant does not require certification against forum shopping. (Savage v. Tapping, G. R. NO. 134217, May 11, 200. ) Also, a case pending before the Ombudsman cannot be considered or purposes Of determining forum shopping as the power Of the Ombudsman is only investigative in character and its resolution cannot constitute a valid and final judgment because its duty is to file the appropriate case before the Sandbagging. (Seville v. League, A. M. No. ART-01-1612, Gag. 14, 2001 J 17. The rule in Section 1, Rule 17 is that the Plaintiff may dismiss his complaint by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. As a general rule, such dismissal is without prejudice. Suppose P filed a complaint against D, and before service of the answer or of action tort summary judgment, P caused the dismissal of his complaint by filing a notice of dismissal. Months later, p files the same complaint against D. In the certification on non-torus shopping appended to the second complaint, p failed to mention about the prior filing and dismissal of the first 15 Ups failure to mention about the prior filing and dismissal of the first case fatal?

Sunday, December 1, 2019

Success free essay sample

Ladies and Gentlemen, I give you none otherthan the one and only Nick A.! screamed the announcer into themicrophone, in a vain attempt to be heard over the eruption of cheers from theoverflowing auditorium. As I stood, brimming with pride, the noise grew to adeafening level. I walked slowly toward the podium, my grin growing with eachstep. The announcer shook my hand, the principal slapped me on the back, and as Istepped up to the podium, I looked up at a gigantic banner blazing forth mysuccess. It read: Nice Guy Builds Ramp! Well, it probablywould never happen that way. Nice Guy Builds Ramp! is not exactly acommon honor at an awards ceremony. The fact is I am, for the most part, a niceguy, and I did, in fact, build a ramp. And here is another fact: the truereward did not come from any ceremony but rather because I built it for someone Idid not even know, and it made a world of difference to her. We will write a custom essay sample on Success or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page She was an olderwoman, perhaps in her 70s. I never found out what was wrong with her, but she hada gigantic oxygen tank in her simply furnished living room, and she waswheelchair-bound. The whole business began when I participated in a summerprogram where teens from all over come together to do projects for people who aretoo old or poor to get them done. With other kids, I was assigned to build a rampfor this lady who had not been out of her house in seven years. At first Icould not believe I had been talked into going to a work camp, but I soon found Ihad never felt so good or had so much fun. My crew and I really bonded, with thiscommon goal of helping a woman who was only seeing the world from her window. Instantly, our group seemed to know each other. Lindsey was tall andathletic with really stretchy skin she could use to launch pencils from her knee,a talent she often demonstrated at lunch. Matt was a year younger and muchshorter, his crew cut not helping him much in the height department. We came tocall him the Handy Man because he was never without super-cargo pants that heldmore tools than seemed humanly possible. Michelle had great,super-precisely braided hair that looked as if it had taken hours to do. I wasreally impressed until one of the braids fell out. Oh, shoot, shesaid, and tied it back in. My whole world came crashing down when I realized thebraids were synthetic and that lots of girls wear them. As our workprogressed, we were so involved that we became impervious to the attacks ofpassersby who stopped to ask what we were doing and could not believe we wereworking for free. The big payoff came when our lady rolleddown the ramp for the first time. I will never forget her tears. For the firsttime in seven years she collected her mail herself. We all gave her a gigantichug. Still in a state of amazement, she invited us to visit anytime, claiming shehad plenty of soda. And as she thanked us over and over again, Ill admit it Iteared up. Building a ramp is not the only thing I was ever praised for. Iwon a bronze medal in the Rockland Final Fencing Tournament junior year, so Iknow what it is like to have people clapping when my name is called. But I alsoknow that building a ramp was a much greater success than any medal I could everwin. Success free essay sample â€Å"I don’t want to do it! I should just drop out!† I yelled. There are only two terms left, but I’ve got much better things I can be doing with my time. Like not being here. But I’m stuck here; doing work I don’t want to do, being more stressed than I need to be. I’m sitting at my desk, trying to do work, when my best friend comes in. Well, she used to be. But all the stress has really built up. I started smoking to try to deal with it, and she doesn’t approve. She begs me to stop, but I see no other way. So every night, I do my homework, find time for a smoke break, and continue. It’s better than dropping out, right? People should see things my way. I never get a break. I hate that she doesn’t want to talk to me anymore, but what else can I do? It’s 5-0, bottom of the seventh, your team is down, and you are coming up to bat. We will write a custom essay sample on Success or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page You have 2 options. You can give up before you even get up there, before the inning even starts, or you can go up there saying â€Å"I’m going to take the best three swings of my life† and give your team a chance at making that comeback. Whether or not you actually get a hit, and keep your team alive doesn’t matter as much as the decision that you make. To give up before your at bat, is to fail, is to not succeed. By giving up, and showing that you give up, you bring the rest of your team down with you. Even if it is not a team thing, more so an individual thing, the people around you will also be brought down in some way or another. To take that chance, see what you can do, that is to succeed, that determines whether your at bat was â€Å"successful† or not. Success means different things to different people. To some, it’s achieving something, becoming well-known, and the wealth that goes along with it. To others, it’s passing a test, a cla ss, an interview, a tryout, anything that applies. To me, success is simply not giving up. Doing your best, trying your hardest, when the only possible outcome seems like a lose-lose situation. Success is all about choice, and what a person does when it comes time for her to make that important choice. It’s about doing the right thing when she has the option of doing the wrong. Instinct tells her to give up, once the situation she is looking at is leaning towards a negative outcome. Her instinctual reaction is not always right, but sometimes what she decides to do is what is easiest. And what is easiest is not always what is best, it rarely is. It can be as simple as what you decide to do in that game, or as important as passing high school, passing college, or making a life for yourself. Whether or not you put in the effort, the time, or the will to achieve a goal determines what the outcome is. It’s just as easy to give up in either circumstance, though the result o f some of your actions can be life-changing. Success, to me, is the way you get through life, and handle the hard times. It’s about not bringing you morale down, or the morale of those around you. To not give up and always keep going, no matter what. Like my one teacher says, â€Å"Go, kid, go† and â€Å"never give up!† Success free essay sample When I was younger, I wished for a Porsche and a mansion. That was my idea of success. I vigorously took all the advanced classes possible and aced the exams with my mind set on going to an Ivy League school. I just knew that I would somehow become famous and be able to afford that car and the dream house. All the way through junior year, my mind was planning this idyllic future. Then in eleventh grade, multiple losses changed my na/Ove mindset. First, one of my friends died at age 16. Soon after, my great-grandmother passed, followed by my school’s assistant director and, on the same day, my beloved fourth-grade teacher. The devastation left me not knowing what to do or where to go. Death had never touched me so closely. After a long period of emptiness, it finally struck me: Life is not promised and neither is my future success. We will write a custom essay sample on Success or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page While I was going through the motions in an attempt to attain material success, I was not enjoying my daily life. I was just existing. It occurred to me that life has more purpose than acquiring possessions, which will only be yours until you can no longer keep up with the payments. Although I had often been told this, I finally understood. I realized that finding inner peace, purpose and happiness will stick with you forever and that is real success. Enjoying life’s precious quirks makes a person more successful than a wealthy person who is not content and takes everything for granted. The summer before senior year, my attitude changed drastically. Instead of memorizing facts, I began learning information. Instead of focusing on the future, I focused on today and the many blessings and successes that come with it. I still make excellent grades, but now I dedicate weeks to studying instead of cramming for exams, and I think about the future with a deeper sense of meaning. Success, just like beauty, is in the eye of the beholder. For me, being successful means truly living life each day, being thankful, and impacting the world.