For an organisation; product; service or brand of your choice you are Essay

For an organisation; product; service or brand of your choice you are required to answer the following three questions - Essay Example It actively supports candidates who draft public policies that are related to the brand and its products. The company has its own political action committee Kraftpac which makes valuable contributions to the US Federal and State political parties and candidates; however all corporate contributions are made as permitted by law (Kraft Foods Group, 2014). The economic downturn has also affected Kraft Food sales; however it quickly launched strategies which helped it to recover from this difficult situation. For instance, it came up with meal solutions through which consumers got make the most of their grocery dollars and get quality food at reasonable rates (Kraft Foods Inc., n.d. [a]). In 2013, the sales of its refrigerated meals, beverages, snack nuts and enhancers increased while the sale of its cheeses decreased slightly (Zacks Equity Research, 2014); however it did miss its target slightly. On social front, Kraft Food is quite active and gives priority to health, well-being and nutrition issues. It has earned a name for itself in fighting obesity on one hand and malnutrition and hunger on the other (Siegert, 2013). It has emerged as a strong oppose of negative lifestyles and also been vocal about food quality and safety. Health maintenance, water purification and unaffordable nutrition are other factors it has been working on. During the anti-obesity drive, the company launched a policy not to target children below 6 years with its advertisements (Siegert, 2013). Better-for-you-products are advertised to children aged between 6 to 11 years. In school advertising has been eliminated and in Europe, the nutrition content is also mentioned on the packages to help consumers adopt a healthy lifestyle (Kraft Foods Inc., n.d. [c]). Kraft Foods has also lowered salt content and fat content from some of its products (Kraft Foods Inc., n.d. [c]). Innovation has always been the hallmark of Kraft Foods. It uses technology to its advantage and has come with

Plato Essay Essay Example for Free

Plato Essay Essay 1. a) Explain how Plato’s epistemological assumptions shape his metaphysics (Why does he think that there must be Forms? Hint: Plato says (in effect): â€Å"Since knowledge is certain, therefore the objects of knowledge must be unchanging. †). b) Define Plato’s Forms and present the theory of Forms by explaining the â€Å"divided line. † (You can use the visual image, but explain it. ) Plato was extremely devoted in answering the sophists’ skepticism about reason and morality. To do so, he spent more time than any philosopher before him studying knowledge, or epistemology. He realized that to answer the sophists’ skepticism he had to first solve the three main problems that earlier philosophers had left behind; the problems of change, the â€Å"one† and the â€Å"many†, and the problem between appearance and reality. Plato started where Heraclitus, who said that everything is changing, and Parmenides, who said that nothing ever changes, left off. He said that both philosophers were correct in their assumptions, for they were talking about different types of objects. Heraclitus is correct in terms of the sensible realm; it obviously exists, and is a flux that conforms to the â€Å"measures† as he suggested. Parmenides was correct in terms of the intelligible realm. Plato thought that beyond the world of physical objects in space and time is another world that is nonphysical, non-spatial, and non-temporal. He called this the world of ideai, or forms. These forms are nonphysical, non-spatial, non-temporal objects of thought that are more real than anything else. Whenever we are thinking, according to Plato, what we are thinking about is a form. For example, a triangle drawn on the board in class, no matter how perfect and real it may appear is merely a copy of the form of triangle; a plane figure enclosed by three straight lines. It is like a triangle and looking at it helps us think of the real triangle, but it only relates, or â€Å"participates† in Plato’s terms, to its’ true form. This theory applies to the entire sensible realm because everything changes and nothing stays exactly what it is. In the world of forms, however, everything is always what it is and never another thing. Plato believed that because the world of forms is Parmenidean, or eternal and unchanging, it is therefore possible for us to know it. To explain his theory of forms in depth, Plato used the image of the â€Å"divided line†. Take a line and divide it into two unequal parts, one part representing the physical world and one representing the world of forms. Then, subdivide these two parts in the same ratio, creating two sub-parts of the physical world (call them A and B) and two of the world of forms (call them C and D). Plato says let the first, or lowest, section of the physical world (A) stand for images, such as shadows or reflections. Let the second section of the physical world (B) stand for the actual objects that cast these shadows, like trees, humans, or desks. In the world of forms, Plato continues, let the first section (C) stand for the lower forms, or the forms of the objects in section B. The second section in the world of forms, the highest section of all, (D) then stands for the higher forms, or the science of first principles; the knowledge that, if possessed, would prove the basic assumptions of the special sciences. Plato believed that the nearer we are to the base of the divided line (A), the more conditioned our knowledge is. We can move up the line through dialectic, a process of questions and answer that utilizes hypothesis, criticism, and revision to move nearer to unconditioned knowledge. The higher we climb via this dialectic, the more we rid ourselves of conditions and the better we grasp the knowledge of the non-material abstract forms (D). According to Plato, these are the forms that possess the highest and most fundamental kind of reality. 2. a) How does the Form Man explain the existence of the many individual men? b) What is the nature of man and how is the individual man analogous to the state? c) What is virtue or justice in man and in the state? Plato’s theory of Forms led him to many assumptions, one of the most important of which is his view on the form of â€Å"man† and his relation to the state. He understood that no one man has ever been perfect and that each man participates in the form â€Å"man† to different degrees. Individual men are adequate copies of the true form of â€Å"man†. Plato believed that the men who participate in the form more fully are going to more real, and therefore  better, then the men who participate less. This is better explained by his philosophy of the nature of man and his analogous relationship to the state. Plato recognized the nature of man as a psyche, or soul, that was grouped into three main parts. Each of these three parts have motions proper to them that he believed, if harmonized, would lead to eudaimonia, a total well-being. The first, and lowest, part of the soul he called the appetites. The highest part Plato called reason. The third part, between appetite and reason, he called spirit. He saw the state as having three main parts as well, each corresponding to one of the three parts of the human psyche. Every state needs a governing body, whether kings or congress, so this will be the first part. The second is reserved for the essential producing class, which includes merchants, industrial workers, agriculturists, and so on. Third, Plato held that every state needs a group, between the governing and producing classes, to maintain the state against enemies; this is the guardian group. The analogy relates the producing class to appetite in the individual, the governing class to reason, and the guardians to spirit. Plato wasn’t just satisfied with this, he wanted to know the virtues of these classes, in other words, he wanted to know what each could contribute best. Like organs in an organism’s body, Plato believed each part of the soul and state have a particular role to play in the whole; they were not discrete and complete in themselves. He thought that the function of the members of the producing class was to provide themselves and the nonproductive classes with the necessities of life, such as food, shelter, and clothing. He realized that if everybody were to be provided for sufficiently, some of the producers would have to put up with having less than others. They would have to be ready to â€Å"restrict one’s own consumption for the sake of achieving some sort of balance in the state as a whole†, thus their virtue is moderation or as Plato called it, temperance (Jones 169). The guardians, who make up the second class, must be courageous when defending the state against its enemies, thus their virtue is courage. The governors make the highest decisions in the state. They determine war or peace, educational and economic policies, and so on. To make correct decisions they require knowledge; this is their virtue. A state in which each class is performing its function is just state. Only when the rulers are making wise decisions that are executed with courage and loyalty by the guardians, and the rest of the population is exercising some restraint in its pursuit of material well being, will the citizens of the state be happy. Since the state’s three classes exactly correspond to the three parts of the soul, we are able to understand what Plato took to be their respective virtues. Just like in the state, every individual has producing part that keeps them â€Å"alive and active, a rational part that is intended to guide and direct the energy produced by the body, and a spirited part that is intended to help keep the body in order† (Jones 169). Just as the functions of the soul correspond to the state, so do its virtues. A virtuous man is temperate in satisfying his various appetites and lives a life of reason that is supported by his spirited elements. 3. a) Use the allegory of the cave to illustrate Plato’s political views. In doing so, you should b) explain how the theory of forms supports Plato’s favored form of Aristocracy (to begin with, recall the relation between individual men and the Form of man) and c) explain how the theory of Forms grounds his criticism and rejection of democracy (where in â€Å"the cave† are the Athenian democrats?where are they on the divided line? ) As we have seen, Plato uses myths and methods such as the divided line to explain his views on certain things; this is the case, too, with his views on politics. To understand these views we must examine his allegory of the cave. He said to imagine there was men in a dark cave that were chained by their necks and ankles in such a fashion that they could not move their legs or necks and could only see what was in front of them. These men had been in this cave since childhood. Higher up behind them is a fire that is separated from the prisoners by a sort of puppet-show screen. This fire and screen were used by people carrying various artificial objects, such as figures of men, animals, and other materials, to project the shadows of these objects onto the stone in front of the chained men. It was so dark that these prisoners had no clue they were not alone and if they spoke to each other, they assumed they were speaking with the projected images. Plato goes on to say, imagine if one of them were set free and forced up the steep ascent into the sunlight. He would realize that what he experienced in the cave was not as real as what actually existed. Nature and the sun would enlighten this man and therefore he would gain true knowledge of the world as it is. Plato reasoned that these men, the ones who make it out of the cave, are the men who should rule the rest. His politics were based on man being a social animal, with desires, not only for sleeping or drinking, but communicating with his fellow men in the community. Therefore, he thought communal life is good and all other human goods depend on it for any sufficient satisfaction; an individual, who is really part of the larger state, is neither complete nor himself in isolation. If the good life for the individual is possible only by community, then there must be some sort of government to give direction to the numbers of men and women who live and work together. Plato believed that the few who are wise and good should rule the many. As his theory of Forms suggests, all men participate to the form of man to different degrees. He thought that the few men who participate at the highest levels of the form, the most knowledgeable that have exited the cave and been enlightened, are the ones best for ruling, and doing so rationally; the many are lacking in knowledge and virtue. Plato favored an Aristocracy ruled by these knowledgeable philosopher-kings who would impose the temperance on the producers through selective education and controlled propaganda. Each person, in his view, would find their happiness by playing the part in the state that their degree of participation to the form of man best suited them for. Plato therefore criticized democracy because instead of philosopher-kings who have true knowledge, the rulers are chosen on irrelevant grounds. The art of ruling, which he thought to determine what is best, became in democracy the art of appealing to the masses with flattery. Plato believed that in a democracy it is impossible to exit the cave or rise to the highest section of the divided line because it is powered by rhetoric. Rhetoric works at the level of opinion and only invokes belief by emotional mean, rather than operating at the level of knowledge, where analyzing the forms allows us to discover the truth.

Nuclear Tragedy on Three Mile Island :: History Nuclear Essays

Nuclear Tragedy on Three Mile Island The Three Mile Island accident can be attributed to both human error and mechanical failure. This story begins on March 28, 1979 at about four o'clock in the morning. Every thing seemed to be running efficiently down at the nuclear power plant in Three Mile Island. Little did anyone know the catastrophe that was about to occur. The problem started in the secondary loop. There was a slight malfunction, which caused the pumps to shut down automatically. The alarms sounded immediately within the control room. Water pressure and water temperature began to build in the primary loop, because the heat could no longer be transferred to the secondary loop. However, this seemed normal and was no cause for immediate concern. At this point, the pressure relief valve (PORV) had opened automatically and released the steam into a holding tank. The backup pumps, which are located in the secondary loop, automatically turned on. Then, the cut-off valves disconnected the pumps from the system. The operators in the control room still felt that everything was running normal and there was nothing to worry about. Then, the PORV light went out indicating that the valves were then closed; however they were not. The steam and water continued to be released causing a loss of coolant accident (LOCA). The emergency injection water (EIW) was set in motion in the primary loop. The EIW is activated in the case of a LOCA. This did not concern the operators because it had happened before during numerous false alarms. However, they kept their eye on it, and noticed that the water in the primary loop was rising, while the pressure was decreasing. They turned off the EIW, but the water still appeared to be rising. However, that was not the case at all. The water along with the steam was being released through the PORV, without the operators knowing. By this time, over three thousand gallons had escaped from the primary loop. The instrument that checks the level of radioactivity levels was not functioning, so the operators had no reason to suspect a LOCA. The gauges in the control room continued to falsely state that the water levels were up. At this time, two of the four pumps were turned off in the primary loop caused by the amount of pressure from the steam traveling through them. Then, the last two pumps in the primary loop shut off.

Creative Brief GAP Inc.

The launch of the Americana khakis for the young professional, in other to reconnect with the Identity of what GAP Inc. Comfortable, stylish, quality, strong American brand. Ill. Description of product or service. Gap Inc. And Its preppy khakis feel more comfortable, lightweight, wrinkle worry free, excellent fit, resistible, washes and finishes, with best quality fabric for an average rice point of $54. 5. They are durable and last longer, also with new shapes for every young men and women with family that has no time and would like a quality product. IV. Why are we trying to accomplish with this communications piece? To reconnect the customer with the brand identity and regain the that young old growing customer, offering khakis at affordable price, but also offering more stylish and exciting, relatively conservative, and functional khakis to use anytime. Let always to look in-style, casual at work, at home, and at play.V. What Is the tonality of the ad? The tonality of the ad camp aign with Khakis will be creative. Fun, excellent. Connecting with past. The aim is to bring back and keep our loyal customers with Khakis classical style. By remaking the old ads from the ass's, with famous music songs of today dancing, playing, and working with the Khakis. VI. Who/What is our competition? American Eagle Outfitters, J. Crew, Firebombed & Fitch, Express, Reportable, Banana Republic, Old Navy, H and J. C Penny VI'. Who Is the target consumer?It is aim to young professional men and women ages 25 – 40 who have disposable 1 OFF commitment to brand loyalty and want to look good while keeping their purchases within their budget. They wear khakis to feel: comfortable and in style too. People wearing these khakis pants should feel natural, relaxed, and authentic. VIII. What is our single most persuasive idea? Khakis are classic, bringing back durable but also chic and fashionable every drawer and GAP Inc. , Go Khakis this season. The quality and services also importa nt role in the brand. ‘X.Why should our target believe the promise? For years GAP Inc. Offers good quality, simple, classic yet comfortable American style with this we reinforce and reconnect with the consumer and American tradition of the Khakis. X. What is personality for this product or service? Preppy and young professionals X'. What is the medium? TV ads are important as well as Media use of Internet: Youth, and Social Media advertisement using the new Khakis style. Magazines that target more family, fashion and general interest magazines US Weekly, Marie Claire, GO, Parent. XII.Approvals (Who is responsible for â€Å"signing off,† for example: Brand Manager, Marketing Director, then UP Marketing, after shoot the CUP XIII. First, Second, Third, Fourth Round Creative Due Dates – September 1st – until April 1st May. Introduce in XIV. Budget (example: budget is $50,000, quantity 2500, distribution via hand and mail) Budget of $1 Distributed quantity â₠¬â€œ TV media $ 600. 00/1/ ad campaign new version with artist collaboration Taylor Swift and other American famous artist that connect with GAP style. Social Media ad, Youth $300. 00 Print in Magazines $100,000

Custom as a Source of Law – M P Jain

INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the â€Å"Case Method† (c) The Case Method from Student’s point of view. The following extracts are from: (a) Stanley V. Kinyon, How to Study Law and Write Law Examinations (1951) (b) Edward H.Levi, An Introduction to Legal Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law School (Un-published ) (The essay is based on comments made orally to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 while the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY What is this thing â€Å"Law† which you are about to study? What is the nature of the subject and what are you supposed to learn about it?In one sense, the â€Å"law† is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience, have been worked out by governmental bodies to regulate human activities and define what is and what is not permissible conduct in various situations. We use the term in this sense when we say that a person â€Å"obeyed the law† or â€Å"broke the law† and a great deal of your work will be devoted to a study of the rules and regulations applicable to different areas of human activity.Such rules and regulations are sometimes found in our state and federal constitutions, more often in statutes, sometimes in administrative rulings, and in many instances have been developed by the courts themselves in the process of deciding the controversies that come before them. The term â€Å"law†, however, is also used in a much broader sense to denote the whole process by which organized society, through government bodies and personn el (legislatures, courts, administrative tribunals, law-enforcement agencies and officers, penal and corrective institutions etc. attempts to apply these rules and regulations and thereby establish and maintain peaceful and orderly relations between the people in that society. For example, when there is evidence that some person has killed another, or has robbed or stolen or done some other act disruptive of the public peace of welfare, not only do we assert that he has â€Å"broken the law† but we expect that the appropriate agencies of government will in accordance with the rules of law, apprehend and 2 Legal Profession and the Advocates Act, 1961 ring him before the proper court, conduct a fair and orderly trial to determine his guilt or innocence, and if he is guilty, prescribe and carry out appropriate corrective or punitive measures. Even where no public offence is involved, as where John Smith has an automobile collision with Joe Jones, or breaks a promise made to Joe & interferes with his property, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to â€Å"take it to court† for a peaceable decision in accordance with the established rules of law.This whole legal process is carried on through the various organs of government by a large number of people – legislators, lawyers, judges, police officers, administrative officials, and many others, most of whom must be intensively trained in various aspects of the system. Law schools are engaged primarily in training future lawyers, judges and others who will operate this legal system. Thus the study of law necessarily involves not only a study of legal rules but also a study of the whole legal system through which society attempts to maintain â€Å"law and order†.For, too many students get off on the wrong foot in law school because they don't understand the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you know by heart all the decisions and rules you have studied in a course you can still flunk the exam. After all, you learned the multiplication tables-not merely to be able to recite them like a poem but to enable you to solve problems in arithmetic.Likewise, you are learning rules of law and studying the court decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesn't make any difference whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and apply.To be specific you must learn how to take a particular problem accurately – classify it as it would be classified by a lega l tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the same conclusions and arrive at the same solution as the legal tribunal would, to carry on your own affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself.If, on the other hand, you know a lot of legal rules but can’t apply them and work out a reasonably accurate solution of the everyday legal problems you run into, you simply haven't learned what a lawyer has to know. Consequently, whenever you are reading a law book or discussing a problem in class or reviewing, keep this one thing in mind you're not merely memorizing what the courts and legislatures have said and done in the past. That’s history!You're trying to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE â€Å"CASE METHOD† OR â€Å"CASE SYSTEM† The â€Å"Case system† is based on the idea that the best way to study law is to study the actual court decisions in various types of cases and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields. The procedure is to have the student read selected â€Å"cases† in â€Å"casebooks† which have been prepared by outstanding legal scholars and then supplement his case reading by lectures, class discussions and a certain amount of outside reading in texts, law review comments and the like. The student's work under this system consists mainly of reading and â€Å"briefing† the cases, attending classes and taking notes, and periodically reviewing the work in each course). Consequently, if you are studying law un der this system you should know the best methods of doing these. Cases† and â€Å"Case Books† Before you can properly read and â€Å"brief† the cases in your casebook, it is essential that you understand what they are, how they came to be written, where the author of your case book got them, and what is in them. In some schools this is adequately explained when you start the first year's work. In others it is not, and therefore it is probably worthwhile to explain these things here briefly even though some of you may already known them. You obviously can't read cases intelligently unless you know what they are.Cases, as we shall use the term in this discussion, are the published reports of controversies which have come before the courts, including the court's decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (court's deciding cases appealed from lower courts). Trial court decisions (those ren dered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public distribution, except in the Federal courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, etc. n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial remains in short hand in the court reporter's notebook unless a case is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also usually submitted by each party to that court setting forth the arguments pros and cons and the authorities relied on. Each party then has an opportunity for oral argument before the appellate court judges at a time prescribed by them.After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. One of them is assigne d the task of writing a statement of the decision and the court’s reasons for making it. This is called the opinion, and when he has finished writing it, he submits it to the other members of the court who either approves it, suggest changes, or dissent, in which case they may write a dissenting opinion of their own. After the majority of judges have approved an opinion, it is â€Å"handed over† together with any dissenting opinions.Then, it is given out to the parties and made public in the one way or another. 4 Legal Profession and the Advocates Act, 1961 After they are published, these opinions of â€Å"cases† are customarily referred to or â€Å"cited† by giving the name of the case, the volume number, name and page of the state report in which it is published if it was decided by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page o f any other selected case series in which it may have been published and the date it was decided.The â€Å"Case books† which you use in school are made up principally of selected cases taken from these reports (or from English or British Empire reports) and arranged or grouped according to the type of controversy involved in the case, sometimes the author of the case book reproduces the whole opinion verbatim as originally published, sometimes he omits parts of it not regarded as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is always indicated.Therefore a case you read in your case book is normally, an exact copy of what some judge has written in explanation of his court's decision in a particular law suit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to find in a case and what the judge normally puts or tries to put in his opinion. 1.The first thing you will usually find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an action of tort for damages, an action for breach of contract, or to recover land, etc. This is usually accompanied by an explanation of how the case got to this particular court; whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or defendant appealed, and to just what action of the lower court the appealing party is objecting. . The next thing you will usually find is a statement of the facts of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the fa cts, but judges are not always careful to do this and you will frequently find the facts, strewn throughout the opinion. Thus you can never be sure you know all about the controversy until you have read the whole opinion.Sometimes the statement of facts is made categorically on the basis of the court's or jury's findings of fact; sometimes it is made by stating what the plaintiff and defendant alleged in their pleadings; and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in whatever form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the question or questions the court is called upon to decide the various â€Å"issues† (either of law or fact) which must be settled before a decision on the controversy can be reached.Any of you who have done any debating, understand â€Å"issues†, the breaking up of Introduction To The Legal Process 5 a general proble m into specific sub-problems. Some judges are very careful to state the issues clearly; others will leave them to inference from the discussion, or else wander around from one thing to another and leave the precise questions they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and cons. This is where logic comes into play. You will recall that there are two main types of logical reasoning inductive and deductive.Inductive reasoning involves the formulation of general propositions from a consideration of specific problems or observations; deductive reasoning involves the application of a general proposition already formulated to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducti ng the decision on the issue from the general rule.If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its scope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues similar to those in the present case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the Court's decision. For example: â€Å"Judgement affirmed†, â€Å"Judgement reversed†, â€Å" Case remanded†, â€Å"New trial ordered†, etc. It is to be remembered, of course, that legal opinions do not all follow the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular method of resenting a legal argument. Some opinions are not as easy to understand as others and it would be erroneous to assume in reading them that they are all perfect. Courts frequently disagree as to the principles that ought to be applied in certain types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not trying to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most likely to be applied by them in future cases of that type.Now, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. It's not a bad idea, however, to adopt a systematic method of reading them: The following has proved effective, and you might try it as a starter. First get a clear picture of the controversy involved. Get all the facts and issues straight. Consider the following: 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is,Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if it's a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiff's point of view, then from the defendant’s. Ask yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What result do they indicate ought to be reached here.By doing this you put yourself in a better position to read the court's argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the court's argument is a rather effective means of keeping a critical attitude. Now read the argument and the court’s conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules.Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case lines up with other similar cases you have studied. In thus analyzing the court's argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by th e court in deciding the issues involved in the case (these are called â€Å"holdings†) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called â€Å"dicta†).When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and â€Å"hold† with that view. Dicta, however, not being relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it casually without considering all aspects of the problem.Courts in each jurisdiction regard their own prior â€Å"holdingsâ₠¬  as creating binding precedents which they feel obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and predictability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus the former case containing the dictum is not a controlling â€Å"authority† on the question although it may be followed in later decisions. Introduction To The Legal Process 7THE CASE METHOD FROM THE STUDENTS’ POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the â€Å"case method† of teaching in several Indian Law Faculties. The â€Å"case method† sometimes called the â€Å"discussion method† is a term that has been used to describe a wide variety of teaching methods, but the one common element of thes e methods usually is the use of actual court opinions as the basis of analysis and discussion in the law classes. The advantages of the â€Å"case method† do not have to be repeated at length here. Eminent Indian scholars have already commented on those advantages.Suffice it to say that one basic purpose of the method is to engage the student himself in the process of thinking through the meaning and implication of legal principles as set down in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the basis of legal rules and the teacher assumes more the role of protagonist and discussion leader, asking question to students, debating points with them, sometimes playing the devil's advocate to force students to think for themselves.The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, a nd who have and analysed those cases. Further more, the student's activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is used, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is used as a teaching technique, examinations usually take the form of hypothetical fact situations, i. e. hypothetical case, calling upon the student to decide the case and give his reasons, or calling upon the student to play the advocate's role and write the best possible arguments for one side or another of the case. Each student has his own unique way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it might be useful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his needs.These study methods can be divided into five parts: 1) study before class; 2) the classroom discussion; 3) study or review study after class; 4) preparing for the examination; 5) writing the examination 1. Study before class: Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understand that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases.If the student approaches his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students’ practice in the case method is often to use a key or guide for analysing law cases. The key or guide has four parts: the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a â€Å"case brief†. Let me be more specific.The case brief (which many law teachers require students to prepare on paper in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentioned above, as follows: F: (Facts: a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q: (Question: a one line question formed to pose the major issue in the case). D: (Decision: The court’s holding: Something this can be â€Å"Yes† or â€Å"no† in answer to the question. The court's order can then be stated, e. g. â€Å"affirmed†, â€Å"appeal dismissed†, etc. R: (Reasons: Here the reasons can be listed in number outline form). The whole case brief should be indee d â€Å"brief†, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he won’t feel it is necessary merely to copy out, word by word, any portion of the case.The emphasis in all such preparation should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one student's case brief of this case. You will note that abbreviations are used whenever possible. (df = defend ant; pl = plaintiff: lc = lower court; tc = trial court; ap = appeal, etc. ) F: Subscription for mosque f MAK was treasurer He pledged Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAK's heirs both for MAK's pledge and for JM’s cheque amount. Later MJK died. Introduction To The Legal Process 9 P: facts: (procedure facts): tc for pl on MAK pledge, for df on JM's cheque question App. Ct for pl on both. : Q: Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D: No to both (Dismiss both causes)R: Ist Cause of Action, the pledge: â€Å"mere gratuitous promise†, no consideration. MAK as Treasurer? but he did not â€Å"set aside† funds. 2nd Cause of Action cheque mishandling: No duty to handle correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian Contract Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case.He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process. This is the first step of effectively learning through the case method. 2. The Classroom Discussion: In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief.Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or â€Å"precedent† value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper.If the brief takes about one-half page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy reference at a later stage. 3. Study or Review after Class: It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to one’s notes, a nd to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of â€Å"outlining† the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this â€Å"raw material† into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method.Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to hi m for memorization. It is the process of doing this for himself that brings insight and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before turning to someone else's work.If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Examination: At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as needed to refresh his recollection.One effective technique of studying at this stage, which many students use, is a smal l discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination: Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer.Be ruthless about stopping at the end of a half hour on a question, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysin g and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write.Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the â€Å"case method†. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additional points that may be useful in studying under the case method.It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain â€Å"what is the law†, in some general abstract sense. There are other relevant questions which can be posed also, such as à ¢â‚¬Å"What should Introduction To The Legal Process 11 be the law†. For example, consider the following four approaches to a particular case or fact situation, taken partly from the actual work of a practicing lawyer. First might be called the â€Å"planning transacting† approach.In a given situation, a lawyer may be called upon to advise a client about the best way to go about some business or personal activity. At this stage the prime consideration is getting the objectives accomplished with the least risk of something going wrong. If the problem is drafting a contract, or preparing a will then the lawyer will need to know what the problems and pitfalls are so that he can word the language of the instrument in such a manner as to avoid future controversy or litigation.He may not, at this stage, need to know precisely what the law is regarding each of his problems (the law may, indeed, be unsettled on those points), but he must be able to spot the problem so that he ca n avoid it. Second might be called the â€Å"predicting† approach. In some circumstances the lawyer is called upon to perform a task which basically is to predict how a court might rule on a question. Justice Holmes, in the U. S. is quoted as saying that law is nothing more nor less than a prediction of what the courts will do in a particular circumstance.The situation like this arises when a client comes to a lawyer with a dispute which has already arisen, and asks the lawyer whether he should sue in court. The lawyer may advise the client partly on the basis of his prediction whether the client will win. To a certain degree this is stating to the client what the law â€Å"is†, since the lawyer knows that the court's decision will be based on that law. Third might be called the â€Å"advocacy† approach. For instance a client has decided to bring a law suit (either with or against his lawyer’s advice).Now it is the lawyer's task to do the best job of advo cacy which he can do for his client. Under the adversary system of courts which we have, this is a very important function, because the philosophy is that if each side presents their best possible arguments, the courts will be able to rule more justly on the issue. But here the lawyer's function is different from that of the two previous approaches. In this approach it is his task to marshal the strongest arguments, not to predict, nor to â€Å"avoid† problem issues. Fourth, and finally, comes the â€Å"judicial† or â€Å"legislative† approach.In this instance the lawyer (as a judge, legislator, member of a commission or committee, etc. ) is called upon to give his view as to what the law should be. Once again, this approach differs from the previous ones described. Each of those tasks or approaches requires skills a bit different from the other. It is important for the law student to develop his talents in each of these directions. One way of doing this is to o ccasionally analyse a case, either in his private studies or in classroom discussion, according to each of these four approaches.As your self, in connection with a particular case on contracts or wills, how could I prepare a similar will or contract, which would have avoided the litigation described in this court opinion? Ask yourself if presented with this case today, or a similar case, how would I predict the courts would decide? Ask yourself, if given the task to argue for the plaintiff which arguments would I use? (Then ask the same question for arguments for the defendant). Finally, ask yourself, what should be the rule of law in that situation? The same analysis can be used in almost any law subject. THE INDIAN LEGAL SYSTEMJoseph Minattur INTRODUCTION To delve among the laws of India is like bathing in the holy waters of Triveni. It leaves one refreshed and delighted; refreshed from the pleasant contact with almost all the legal systems of the contemporary world, and delighted at the hopeful realisation that here in the Indian legal system lie the seeds of a unified, eclectic legal order which may soon grow into maturity and spread its branches, like a banyan tree, all over south and southeast Asia. Three main streams join together to form the Indian legal system. That of the common law is perhaps the most dominant among them.Then there is the stream of laws springing from religion. The third is that of the civil (‘romanist') law which energizes the system with unruffled ethical verve and accords comeliness to its contours. Trickles of customary laws cherished by tribal societies and other ethnic communities also flow into the main stream. Like the Sarasvati near Prayag, the element of the civil law is not easily perceptible, though it permeates the entire structure. So a word of explanation is perhaps warranted. The very idea to a code appears to have been derived from the codes of continental Europe.When in 1788 a codification of Hindu law on con tracts and succession was proposed by Sir William Jones to Lord Cornwallis, it was conceived to be on the model of the â€Å"inestimable Pandects of Justinian†. On 18 May 1783 â€Å"A Regulation for forming into a Regular Code, all Regulations that may be enacted for the Internal Government of the British territories in Bengal† was passed by the Governor-General and Council, some eight years earlier, in 1775 Warren Hastings had A Code of Gentoo Laws or Ordinations of the pundits prepared and translated by Halhed a Judge of the Supreme Court at Calcutta.The same year Bentham offered to act â€Å"as a sort of Indian Solon† and thought of â€Å"constructing an Indian Constitutional code†. James Mill, one of his disciples at India House thought that his Draught of a New Plan for the France was applicable to India. Speaking on the Charter Bill of 1833 Macaulay said: I believe that no country ever stood so much in need of a code of laws as India, and I believe also that never was a country in which the want might so easily be supplied. Section 53 of the Charter Act, 1853 declared that it was expedient: that such laws as may be applicable in common to all classes of the inhabitants†¦ ue regard being had to the rights, feelings and peculiar usages of the people, should be enacted: and that all laws and customs having the force of law should be ascertained and consolidated and, as occasion may require, amended. The first Law Commission immediately after its appointment in 1833 with Macaulay as its President took up the task of codification. Under Macaulay’s personal direction it prepared its first draft of the Indian Penal Code and submitted it to the Governor-General in Council on 14 Legal Profession and the Advocates Act, 1961 3 October 1837. When there were complaints that the progress of the Commission's work was unsatisfactory, Macaulay compared its progress with that of the authors of the French codes. He pointed out that t hough the French Criminal Code was begun in March 1801, the Code of Criminal Procedure was not completed till 1810. It is also interesting to find half of the last century were on the same branches of law as were the French codes enacted earlier. Neither in India nor in France was enacted a code on the law of civil wrongs.It is true that there was no comprehensive enactment on torts in England, but then there were no comprehensive enactments in England on any of the subjects covered by the Indian codes. It is not only in cherishing the idea of codification that the British Indian authoritiesexecutive as well as legislative bodies-appear to have been indebted to continental codes. As early as 1686 in a letter sent to Bombay the directors of the East India Company had expressed the view that: you are to govern our people there, being subject to us under His Majesty by the law martial and the civil law, which is only proper to India.The first Law Commission which drafted the Indian pen al Code acknowledged its indebtedness to the French Penal code. In a letter of 2 May 1837 addressed to the GovernorGeneral the Commission stated that it derived much valuable assistance from the French code and from the decisions of the French courts of justice on questions touching the construction of that Code. It â€Å"derived assistance still more valuable from the code of Louisiana prepared by the late Mr. Livingston†. The second Law Commission which sat in London from 1853 to 1856 expressed its view that: hat India wants is a body of substantive civil law, in preparing which the law of England should be used as a basis. It, however, emphasised that such a body of law ought to be prepared with a constant regard to the conditions and institutions of India, and the character, religious and usages of the population. It also stated that in the social condition existing in India it was necessary to allow certain general classes of persons to have special laws, recognised and enforced by our courts of justice, with respect to certain kinds of transaction among themselves.The Commission gave final shape to Macaulay's Penal Code; it also prepared drafts of the Code of Civil Procedure and the Code of Criminal Procedure incorporating into them materials left by the first Law Commission. The Legislative Council adopted the Code of Civil Procedure in 1859, the Penal Code in 1860 and the Code of Criminal Procedure in 1861. The third law Commission, appointed in 1861, was enjoined to prepare for India a body of substantive law, in preparing which the law of England should be used as a basis. The fourth law Commission expressed a similar view when it recommended in 1879 that English law should be 4 Legal Profession and the Advocates Act, 1961 made the basis in a great measure of our future Codes, but its materials should be recast rather than adopted without modification. It, however, added that in recasting those materials due regard should be had to Native habi ts and modes of thought. The influence of Scots and their law on the framing and adoption of the early British India codes and other enactments deserves to be mentioned. For a number of Scots in the 19th century their prospects were not only along the highway to London, but from there across the high seas to Indian ports.Macaulay himself was of Scottish descent. Even when Scots were members of the English Bar, they were imbued with concepts derived from the civil law system. In the same way a they would prefer to preserve Scots law unsullied by English notions of Legal rule, they were inclined to keep Indian law unsullied by intrusions and erosions to English rules of law and tended to give due regard to native habits and modes of thought. We shall refer to few instances where the influence of the civil law is clearly discernible.Section 11 of the Indian Evidence Act adopted in 1872 could not have been enacted in a fit of absent-mindedness. The section which lays down guidelines to determine relevance in the admissibility of evidence is a clear, and presumably a deliberate, departure from the English rule and brings the Indian law in this respect very relevant and fair. Another provision which is of interest in this regard is section 165 of the Act. Commenting on it, Stephen has said: Section 165 is intended to arm the judge with the most extensive power possible for the purpose of getting at the truth.The effect of this section is that in order to get to the bottom of the matter before it the court will be able to look at and enquire into every fact whatever. The Indian judge appears to be invested with ample powers under the Act to get at the truth and form his own conviction at time. It is not unfamiliar learning that the framers of the Indian Contract Act adopted several provisions of the Draft New York Civil Code. The Contract Act which does not purport to be a complete code only defines and amends certain parts of the law of contract, so that a rule of t he Hindu law of contract like Damdupat is not abrogated.The rule stipulates that interest exceeding the amount of principal cannot be recovered at any time. It is still in force in some parts of India. The reason for not interfering with a rule like this must have been the sense of fairness cherished by the framers of the Act, though no such rule existed in English law. In the law of contract, consideration plays a significant role in India as in England. But the words of section 25 of the Indian Contract Act which accords validity to a registered agreement, even though without consideration, appear to reflect the concept of cause in French law.In this brief introduction it is not intended to indicate all departures from English law in the Indian statutes. It may, however, be emphasised that when such departures were made, the legislators were generally induced to do so on consideration of what they thought suited Indian conditions or on considerations of equity. Legal Profession an d the Advocates Act, 1961 15 It is generally assumed that India is a common law country. This assumption may have been justified to a certain extent if applied to British India. It is true that many of the concepts and most of the judicial techniques are of common law origin.But there is more than a sprinkling of other concepts and techniques, which cannot be overlooked. Indian codes or judicial procedure owe a great deal to procedure in England. But with the introduction of nyaya panchayats (village tribunals) which are indigenous in origin the English procedure has been virtually replaced at the grass root level. The functioning of nyaya panchyats may not be as widespread as is desired: the fact however remains that at present there is a less formal procedure than the one followed until recent years.There is also general dissatisfaction, if not hostility to the complex, protracted procedure derived from the common law system. With the reign of dharma which may be equated with equi ty while it comprises the concept of law unopposed to justice, there was no need in India to think of a separate branch of law known as equity detached from common law. We have already adverted to certain departures from English law even when rules of English law were believed to have been codified for the benefit of the Indian people.Neither the expression ‘justice and right’ in the Charter of 1726 nor the phrase ‘equity and good conscience’ or ‘justice, equity and good conscience’ in several regulations and Acts could have meant principles of English law. The Judicial Committee of the Privy Council was careful in its use of words when it pointed out that equity and good conscience had been â€Å"generally interpreted to mean rules of English law if found applicable to Indian society and circumstances†. It has been observed that from 1880 or there about to the present day â€Å"the formula has meant consultation of various systems of l aw according to the context†.At present the Supreme Court of India is inclined to think that the phrase has given a connotation consonant with Indian conditions. In the early nineteen sixties a number of territories where the civil law prevailed became parts of the Indian Union. In the Union territory of Goa, Daman and Diu, Portuguese civil law was in force, even after the extension of several Indian enactments to the territory, it is generally the provisions of the Portuguese Civil Code which apply to the people of this territory in matters of personal law.In the former French settlements of Pondicherry. Karaikal, Mahe and Yanam which, when ceded, were formed into the Union territory now known as Pondichery, there are Indian citizens who are governed in matters of personal law by the provisions of the French civil code as they existed at the time of the cession. There are also other renoncants who are French citizens living in Pondicherry to whom provisions of the French Civi l Code relative to personal law will apply with all subsequent amendments.In these circumstances, the element of the civil law in the fabric of Indian law cannot be brushed aside as negligible. And this element affects domestic relations which are on negligible part of a citizen's life. The customary laws of various tribal communities and other ethnic groups also form part of the law administered in India. To cite one instance: matriliny among the Mappila Muslims of Kerala, though not favoured by the tenets of Islam, is permitted to play a decisive role in the rules of succession applicable to them.In the light of the presence and prevalence of French and Portuguese laws, customary law of various ethnic groups and laws based on religion of the several communities, the introduction 16 Legal Profession and the Advocates Act, 1961 of indigenous judicial procedures in village tribunals and several other factors, one cannot possibly close one's eyes and regard the Indian legal system as belonging to the common law family. It would be more justified to regard it as a mixed system.If Indonesian law with its admixture of customary laws based on religion could be regarded as a mixed system there is no reason why Indian law should not be so regarded. Though the provisions of the French and the Portuguese civil codes relative to domestic relations are in operation in certain regions only, laws grounded in religion or custom are followed all over the country. The mosaic of Indian law may have a large number of common law pieces; but marble quarried from France and Portugal, gold leaves brought from Arabia and clusters of Precious stones gleaned form Indian fields do deserve to be discarded.When India adopts a civil code, under the directive in the Constitution it is likely to be eclectic in character, it may have in it a harmonious admixture of various laws based on religion and customary laws, as well as provisions derived from western codes and the English common law. O wing to its eclectic character and especially because it would attempt to harmonise provisions of personal laws derived from religion prevalent in the region, the civil code may be found worthy of emulation in south and southeast Asia.It may thus pave the way for unification of laws, though perhaps limited geographically in extent. If in ancient days, Indian culture was permitted, without any hitch or demur, to permeate social and political institutions and life in general in this region, there is no reason why Indian legal culture cannot play a similar role in the near future as well. The Indian Prime Minister recently expressed his hope that during the next nine years, India would achieve significant progress in every field and would provide guidance and inspiration to other countries.He also stressed that India's influence had been increasing in Southeast Asia and West Asia. Even when one is not sure whether the mention of nine years has any special significance, one can hopefull y assume that if an Indian civil code is adopted soon, it may tend to guide and inspire legislators in the neighbouring states. What the Napoleonic code has done for continental Europe, the Americas, and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and Southeast Asia. ***** Legal Profession and the Advocates Act, 1961 17 OUR LEGAL SYSTEM N. R. Madhava MenonThe legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of that society. It is, therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. It is true in the case of India also even though the legal system we now have is largely the gift of the British rulers. There is a view that the system is still alien to the majority of Indians whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal if not altoget her non-existent.The language, technicality and procedure of the inherited legal system are indeed factors which limit access to justice for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and the Constitution offer the opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given unto themselves on the 26th January 1950. It is in this context familiarity with law and its processes becomes essential to every Indian, rich or poor, man or woman, young or old. Components of a Legal SystemA legal system consists of certain basic principles and values (largely outlined by the Constitution), a set of operational norms including rights and duties of citizens spelt out in the laws -Central, State and local, institutional structures for enforcement of the laws and a cadre of legal personnel endowed with the responsibility of administering the system. The Constitution: The Funda mental Law of the Land The Constitution of a country is variously described depending upon the nature of the policy and the aspirations of the people in a given society.It is generally a written document and assumes the character of a federal (several independent units joined together) or unitary form of government. India is declared to be a Socialist, Secular, Democratic Republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of 700 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people.In other words, it is a political document which distributes State power amongst different organs (Central and State Governments, Legislative, Executive and Judicial wings of each Government) and regulates its exercise in its incidence on the people. The form of government is democratic and republican and the method is p arliamentary through adult franchise. The goals are spelt out in Preamble itself which seeks to secure to all citizens: â€Å"Justice, social, economic and political; Liberty of thought, expression, faith and worship; Equality of status and of opportunity, and to promote among them all. Fraternity assuring dignity of the individual and the â€Å"unity and integrity of Nation†. 18 Legal Profession and the Advocates Act, 1961 To achieve this goal of dignity of the individual with justice, liberty and equality the Constitution guarantees certain Fundamental Rights and provides for its enforcement through the High Courts and the Supreme Court. These basic Human Rights include: (a) Equality before law, (b) Equality of opportunity in matters of public employment. (c) Prohibition of discrimination on grounds of religion, sex etc. (d) Protection of life and personal liberty. e) Protection of right to freedom of speech, of assembly, of association, of movement and of profession or oc cupation. (f) Prohibition of forced labour, (g) Right to freedom of religion, (h) Protection of interest of minorities, and (i) Right to constitutional remedies for enforcement of the above rights Further, towards achieving the goals set out in the Preamble, the Constitution gives certain Directives to State to follow in its policies and programmes. Principles of State Policy have been recognized to be as sacrosanct as Fundamental Rights.In other words, they together constitute a reference for State action in every sphere. The Constitution envisages a unique place for the judiciary. Apart from overseeing the exercise of State power by the Executive and the Legislatures of the State and the Central Governments, the Supreme Court, and the High Courts are charged with the responsibility of effectively protecting citizens' rights through its writ jurisdiction. This offers a cheap and expeditious remedy to the citizen to enforce the guaranteed rights.The Supreme Court liberalized the rul es so as to enable poor and illiterate citizens to have easy access to courts for enforcing their basic rights. The Rule of Law is supreme and the independence of judiciary is reality in our country. This forms the bulwork of democracy and compels every one to abide by the law in his own interest. Constitutional government principles involved in it ought to be understood and subscribed to by every Indian if we are to succeed in our declared goals. Laws, Civil and CriminalThe laws of the country are too numerous, varied and complex; they are bound to be so because law is as large as life itself which is increasingly becoming complex in, every sphere. In a Welfare State like ours, laws are at the more so because they are expected to regulate a variety of social and economic activities so as to subserve the common good. Inspired by the Constitution, Parliament, State legislatures and local councils make and unmake the laws day in and day out as the occasion demands. Courts interpret th em in specific fact situations and, in the Legal Profession and the Advocates Act, 1961 19 rocess, extend the scope and application of the laws. The common man may get lost in the maze of legislations coming from all sides and contribute to its complexity by creating his own laws through contracts and agreements with others he has to deal with. On the basis of the remedies sought and the procedure followed, all laws can be grouped into two categories, namely, Civil Laws and Criminal Laws. Broadly speaking, criminal law is concerned with wrongs against the community as a whole, while civil law is related to the rights duties and obligations of individual members of the community between themselves.Civil Law includes a number of aspects which may be grouped under six or seven major headings such as family law, the law of property, the law of tort, the law of contract, the law relating to commerce and business, labour law, law of taxation etc. Family law, which in India has its source both on statute and religion, comprises of the laws governing marriage, divorce, maintenance, custody of children, adoption inheritance and succession. Though the Constitution envisages a Uniform Civil Code, each religious group at present follows largely its own norms in matrimonial and family relations.The law of property includes rights of ownership, transfer, mortgages, trusts, intestacy and similar matters. The law of contracts, is concerned with the enforcement of obligations arising from agreements and promises. This includes transactions such as sale of goods, loans of money, partnerships, insurance, guarantees, negotiable instruments, agency and the like. The law of torts deals with propriety of actions and infraction of duties. Injuries to person or property caused by failure to take reasonable care and caution leads to actionable wrongs under tort, which usually compensates the victim of such injuries.Laws of commerce and business, which includes contract law, relate to e conomic operations of individuals, partnerships and companies and governmental regulation of them. Even law of taxation forms part of commercial laws. Labour law deals with the relationship between employer and employees in the production and distribution of wealth. Criminal law is concerned with public wrongs or wrongs against the order and well being of the society in general. The persons guilty of such wrongs are prosecuted and punished by the State.These wrongs are specific and are defined in the Penal Code and a few other special and local laws. One important aspect in this regard is that criminal laws insist (apart from a few exceptional offences) on a particular intent or state of mind as a necessary ingredient of a criminal offence. It also recognizes degrees of criminality and gradations of crime. Ignorance of law is never taken as an excuse. Certain situations where guilty intention could not have been entertained such as infancy, insanity mistake of fact etc. they are rec ognized as defences to criminal responsibility. Offences are classified on the basis of the objective or otherwise. Thus there are crimes against the human body, property, reputation of the individual, against the State or against public rights. On a procedural basis they are classified as cognizable and non-cognizable (cognizable are those in which the police can investigate or arrest persons without judicial warrant), bailable and non-bailable, compoundable or otherwise. 20 Legal Profession and the Advocates Act, 1961Procedural Laws, Civil and Criminal Most proceedings in the Supreme Court and the High Courts are governed by Rules of Procedure made by the Courts themselves under powers given by statute. The Civil and Criminal Procedure Codes and the Evidence Act do apply to judicial proceedings in these courts as well. The writ procedure under Articles 32 and 226 is unique to these courts and is intended for the quick enforcement of Fundamental Rights whenever they are threatened by the State or its agencies.In such situations citizens can approach these courts even through a letter sent by post as the Supreme Court has declared that procedure should not be allowed to come in the way of dispensation of justice. For the enforcement of civil rights and obligations a suit before a civil court is usually instituted. The procedures for trial and appeals including execution of decrees and orders are laid down in the Code of Civil Procedure. Valuation of suits for purposes of jurisdiction is made according to the Suits Valuation Act.The amount of court fees to be paid on plaints and appeals is determined by the Court Fees Act. The Limitation Act prescribes the periods of limitation with in which suits can be filed. The Evidence Act regulates the relevancy, admissibility and probative value of evidence led in courts, civil and criminal. The trial is in the nature of adversary proceedings where two parties oppose each other in a suit or action between parties. The pr ocedure commences with ‘pleadings’, which set out the precise question in dispute or the cause of action.The opposite party (the defendant) may file a written statement to admit or deny the allegations in the plaint. The pleadings may be supplemented by the parties by making admissions of fact, answers and interrogatories, oral statements before the court and by admissions and denials of documents filed by them. The hearing of a suit commences with the serving of a copy of the plaint to the defendant. A party can appear himself in court for the hearing or make appearance through an agent or a pleader. According to the Advocates Act right to practise law before courts is given to Advocates only.In the proceedings, parties have to summon their witnesses for deposing in court. The trial involves recording of evidence of witnesses on a day-to-day basis at the conclusion of which judgment is to be pronounced in open court. Because civil proceedings are private matters, they can

Bread and Roses essays

Bread and Roses essays In the film Bread and Roses, we see a real humanistic story of an immigrant in the United States. For me, It represents the life of most of the immigrants who are working and living in this powerful country right now .There are many themes in this film that I can write about, but the main ones are the exploitation and the low wages of the immigrants in their jobs, the decisions they have to make about something important, the right to freedom of speech, and the respect to peoples job. For me each character represents these themes in the film. In this essay I want to explain my point of view about these themes in this great film . This film give us an idea of the types of jobs in a big city like Los Angeles, also you see the exploitation and the low wages that immigrants receive. A good example is Maya and the other janitors. Do you think that the janitors receive the same benefits and wages of a person who works in a office?. Well I dont think so. That is why Maya wanted to fight, because she wanted benefits and a reasonable paid for her and all the janitors. I like her when she said that the immigrants are very important in this country, because is true. This country has a good economy thanks for us. If we think of the immigrants that work in the fields, factories, cleaning houses and other jobs, we are benefitting this country in a great way, but I cant accept the treatment and exploitation from some persons that treat the immigrant workers like animals; and even if its a person who is our own race like the manager of the janitors in the film. When I watched that part of the movie when he was firing a wo man who had been work there seventeen years, I was very upset. If I was her, I would answer him with harsh words , and I wouldnt care to loose the job. Also in this film we see the decisions that had to make the janitors to unite with the union of janitors. Well I think t ...

Why Veins Look Blue Even Though Blood Is Red

Why Veins Look Blue Even Though Blood Is Red Your blood is always red, even when it is deoxygenated, so why do your veins look blue? They arent actually blue, but there are reasons why veins look that way: Skin absorbs blue light:  Subcutaneous fat only allows blue light to penetrate skin all the way to veins, so this is the color that is reflected back. Less energetic, warmer colors are absorbed by skin before they can travel that far. Blood also absorbs light, so blood vessels appear dark. Arteries have muscular walls, rather than thin walls like veins, but they likely would appear the same color if they were visible through the skin.Deoxygenated blood is dark red:  Most veins carry deoxygenated blood, which is a darker color than oxygenated blood. The deep color of blood makes veins appear dark, too.Different sizes of vessels appear different colors:  If you look closely at your veins, for example, along with the inside of your wrist, youll see your veins are not all the same color. The diameter and thickness of the walls of the veins play a part in the way light is absorbed and how much blood is seen through the vessel.Vein color depends on your perception:  In part, you se e veins as more blue than they really are because your brain compares the color of the blood vessel against the brighter and warmer tone of your skin. What Color Are Veins? So, if veins arent blue, you may be wondering about their true color. If you have ever eaten meat, you already know the answer to this question! Blood vessels appear reddish-brown in color. There isnt much difference in color between arteries and veins. They do present different cross-sections. Arteries are thick-walled and muscular. Veins have thin walls. Learn More Why Blood Isnt BlueWhy Babies Have Blue EyesWhy the Sea Is BlueChemical Composition of Human BloodIntro to Biochemistry Reference: Kienle, A., Lilge, L., Vitkin, I.A., Patterson, M.S., Wilson, B.C., Hibst, R., Steiner, R. (1996).  Why do veins appear blue? A new look at an old question.  Applied Optics, 35(7), 1151-1160.

Sexy

Sexy Sexy Sexy By Maeve Maddox The adjective sexy is a US coinage. According to OnlineEtymologyDictionary, it was first used in 1923 to describe smoldering silent screen star Rudolf Valentino. Sexy to describe the sexual attractiveness of individuals and the sexual aspect or content of things is still probably the most common use of the word: George Clooney Voted Sexiest Man Alive (Again) Joan Crawford proves that you can be a powerful and sexy screen presence even after the age of forty. Out of Sight has been voted the sexiest film of all time in a poll of industry insiders for an American magazine. Can minors go to video stores and buy or rent sexy, violent movies without parental consent? Nowadays, however, sexy is used to describe things that have nothing to do with sexual attraction or content: The 101 sexiest cars of all time Houses with the world’s sexiest garages Homelessness is not a sexy cause unless it’s around Thanksgiving. Not too many mayors  find it very  sexy  to stand next to a fixed sewer or repaired bridge. Childcare and children’s services, in the general public’s view, is not sexy; it is not at the top of people’s agenda. Somewhere in the 1950s, sexy acquired the meaning â€Å"appealing, liable to excite interest, not boring.† The word is especially popular in the marketing industry: How to Make Your Product Look Sexy on Facebook Build a strong foundation for your marketing – now that’s sexy. A retail experience needs to be dynamic, energetic, [and] sexy. The most successful company is the one with the sexy logo, the sexy ads, the sexy products, and the sexy packaging. Considering that the purpose of advertising is to cause consumers to lust after products, I suppose that the extended meaning is not much of a stretch. Just as I felt confident to say that sexy in these contexts is simply a synonym for â€Å"not boring,† I came across a marketing site with the headline â€Å"Sexy Doesn’t Mean ‘Not Boring.’ † According to this site, â€Å"Helpful is the new sexy.† Marketers will continue to use sexy as shorthand for attention-getting, but for me, sexy seems more suitable as an adjective for beautiful people like Antonio Banderas or Cote de Pablo than for an insurance blog. When it comes to describing the appeal of advertising and merchandise, writers may want to explore other words that convey the idea of appealing to human craving and covetousness. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:16 Substitutes for â€Å"Because† or â€Å"Because Of†Comma Before ButShore It Up

Herpes Simplex Virus 2 Essay Example | Topics and Well Written Essays - 750 words

Herpes Simplex Virus 2 - Essay Example   The condition has been found to affect approximately 50 million people in the United States. It has also been discovered that antibodies against the virus exist in 20 percent of the adult population which shows previous exposure. It can lead to miscarriages in pregnant mothers if the fetus becomes infected before the fifth month of pregnancy. Females have greater risk of suffering from this condition. There has been not much variation in the rate of occurrence of the disease in United States. The incubation period for the virus is 2 weeks. The first infection is the most severe which resolves in around a month. The following infections cannot have a definitive pattern. Herpes simplex virus leads to genital sores and is responsible for the infection in the neonates due to its spread from the mother to the baby during delivery. The disease is contagious and is sexually transmitted and from the mother to the baby. The disease mainly affects the genitals where it leads to the develop ment of sores. Contact of genitals with the mouth can also result in sores on the mouth. It is responsible for the development of vesicular lesions in the sexual organs in both sexes which can spread to the cervical canal in the case of females and to the prostate gland in males. The newborn baby may also get infected and present with infections on the skin, oral cavity and the eyes. It can also result in inflammation of the brain. Inflammation of the meninges can also be caused by this disease. After the initial infection, the virus can become stored in the sensory ganglia particularly the lumbar and sacral regions where it remains inactive. It reactivates if provided with a stimulus which includes sunlight, high body temperature and disturbances in the hormonal levels. In this case the virus travels again to the skin and produces lesions.   

Week 12 Replies Essay Example | Topics and Well Written Essays - 250 words

Week 12 Replies - Essay Example nice post! i can only imagine how difficult it was to implement that kind of change regarding cell phone use. because people seem to be connected at the hip with their cellphones it is really difficult to find a way to keep everyone in tow. the solution your company came up with is great. however, what is going to be the effect on company expenses in the long run? i mean if im the employee and i knew i was going to get a gift, then id always try to fill up my card fast. hi nice post! you are right. unless people do not see the reason why a change is needed, they will not support the move for change. it is important to show them that the need is necessary. this is the only time people can decide whether they will support the change or not. Thats true Antonia. Meeting all members/workers and listening to their concerns shows them that management respects them. This will foster loyalty. However, I think it also depends on the size of the organization. it can be hard to do this for a very large organization. nice post! i think it will always be hard to implement changes especially if the change affects ones lifestyle. this is something personal. like your example, ive seen many places prohibit smoking in their grounds/facility. what the smokers did was move to a parking lot near those buildings and smoke there instead. i think if people want to get around a change, they will find a way. Hi nice post. i agree with your steps you will take as a leader to meet resistance to change. you are right. forcing change on people without open communication will have bad results. being open to all stakeholders will indeed facilitate a smoother

Discuss Marxs concepts of alienation and exploitation Essay

Discuss Marxs concepts of alienation and exploitation - Essay Example Some would say that Alienation itself is a completely subjective state of being, this is debatable at best. His theory relies on Feuerbach's The Essence of Christianity (1841), which argues that the idea of God has alienated the characteristics of the human being. Stirner would take the analysis further in The Ego and Its Own (1844), declaring that even 'humanity' is an alienating ideal for the individual, to which Marx and Engels responded in The German Ideology (1845). According to Karl Marx, there are many ways that people are alienated in capitalism. The workers apparently lose control of their lives and selves in not having any control of their work. Workers, thus, never become powerful, self-realized human beings in any significant sense. Marx attributes four types of alienation in labour under capitalism:[1] alienation of the worker from the product, since this is appropriated by the capitalist class, and so escapes the worker's control; alienation from the act of production itself, such that work comes to be a meaningless activity, offering little or no intrinsic satisfactions.

Discussion 9 Assignment Example | Topics and Well Written Essays - 250 words

Discussion 9 - Assignment Example I absolutely agree with the facts and the study of this article because small and medium enterprises need to breakthrough to the bigger circle of business so that they can compete at a bigger level. Competition at a global level is going to benefit the customer. It keeps the companies on edge to deliver the best quality at the ideal price. If small and medium enterprises also adhere to the same principles where only 3.4 defects in every million possible defects shows the capability of six Sigma processes (Raghunath & Jayathirta 1), then it is only going to serve the society at a larger scale. It is not only going to help improve the quality of products in small and medium industries but it will also help modify the culture (Raghunath & Jayathirta 2). It is not about statistics, the process is based on scientific methodology that utilizes statistical thinking. By improving the quality through six Sigma methodologies that customers will benefit from the delivery of products and service s. Increasing competition decreases profit margins and that helps promote the SMEs. But they will need competent leadership management to effectively implement Six Sigma methodologies (Raghunath & Jayathirta 6). As a customer I want to see Six Sigma strategy implemented in SMEs. Ragunath, A. & Jayathirta, R. V. Barriers for implementation of Six Sigma by Small and Medium Enterprises. International Journal of Advancements in Research & Technology. Vol. 2(2).

What Impact did Brown v. Board of Education Supreme Court case have on Coursework

What Impact did Brown v. Board of Education Supreme Court case have on the reduction of racial discrimination in America - Coursework Example ideration of the rights of every American citizen thereby overturning the discriminative legislations that existed in the country’s education system before as the discussion below portrays. The Supreme Court ruling declared that other previous laws that informed the institution of separate schools for both black and white communities null and void. Apparently, American laws sustained discrimination in every sector of the economy with the country’s education system having systematic laws banning the integration of the two communities. An 1879 Kansas law permitted the creation and operation of separate elementary schools among other educational facilities for both the whites and the blacks1. The law however did not restrict the formation and composition of the schools. This portrayed the state’s recognition of the discriminative social structure thus the creation of equally discriminative social structures. In the ruling, the Warren court made a unanimous ruling overturning such laws by stating "separate educational facilities are inherently unequal†. The ruling was fundamental since it determined that the de jure  racial segregation  was a violat ion of the Equal Protection Clause  in the country’s Fourteenth constitutional amendment. The ruling was a major success to most of the civil rights activists and the abolitionist campaigners thereby setting stage for integration of communities in the country. The plaintiffs in the case were a group of thirteen parents who instituted the case against the Board of Education in Topeka, Kansas. The parents represented twenty children who experienced various instances of racial discrimination in the city. Oliver Brown joined the case thereby becoming the main plaintiff in the case after deliberation with the other thirteen parents. Apparently, Brown’s daughter Linda studied at Monroe Elementary school situated about two kilometer away2. The young girl would walk for more than six blocks before boarding a bus to

History of Architecture Essay Example | Topics and Well Written Essays - 1750 words

History of Architecture - Essay Example With an effective symmetry, one-half of the structure is an exact replica of the other half. Such a section is essential in determining the strength and he ability to the entire structure sine it influences the amount of weight that an engineer attaches on either side. The Facade of Pallao Chiericati is one of Palladio’s most prominent work. The symmetry among other pertinent aspects of the structure is similar to those in the early Roman society. He uses the similar rectangular shapes of the structures prevalent in the early society but he further seeks to achieve beauty and durability by modifying the structures and the design of the structures, a new feature in the Roman architecture that is symbolic of his era. Columns on the other hand refer to the solid upright structures that support the entire weight of the building. This is one of the most important aspect of a construction and requires effective consideration in order to reconcile with the total weight of the structu re. In designing his columns, Palladio accentuated his designs with acanthus leaf capitals at the top of the beams. The Roman structures had stronger columns, which just as in any other structure supported the structures. However, he added the design as a means of achieving increased aesthetic features of his design, thereby becoming an important distinction of his works and the new era in architecture that he pioneered. Palladio’s works laid more importance on the symmetry and perspective of the structure. He developed stronger and balanced structures and incorporated more of his creativity on the decoration of the structures thereby making them iconic beauties. He borrowed such aspects of the Roman society thereby earning relevance among them but incorporated his own creativity a feature that marked the transition between the two architectural eras. Among the most common features he used in decorating his works included scallop shells, typical motifs in the Greek and Roman arts. They used pediments to decorate doors and windows (Alain, 2009). Additionally, masks that were important motifs in the early society were used on the interior decoration of buildings. The increased decorations added weight to the building thereby demanding stronger columns and beams to support. Palladio achieved this through the accurate consideration of symmetry and perspective of his work thereby constructing stronger bases capable of withstanding the intense pressure resulting from the heavier walls and roofs. The uniqueness of the design arose from the fact that he used simple and common materials but with them developed stronger and more stable structure, which embodied beauty of the existing cultures (Giovanni, 1980).He designed simple structures, which he developed in bricks and covered in stucco. The stucco walls represented the Roman Villa topology. This way, he upheld the Roman culture in the art of villa constructions. Question 2 The construction technology resulted in stronger structures than those built in modern societies using steel. Basilique Saint-Denis in northern Paris, Canterbury Cathedral and Westminster Abbey in England are some of the early cathedrals whose structures employed the early gothic architecture. Comparing the two to Lincoln Cathedral in England and the Bamberg cathedral