Drug Free Workplace Paper Free Essay Example, 1000 words

The policy is signed by the authorized representative of the union, by the authorized representative of the employer and finally, by the employee. Giles Electric Company’s Drug Free Workplace Program does not incorporate a comprehensive drug awareness and education program aside from the memorandum. In addition, the company policy for a drug free workplace was silent on any provision for training for supervisors to detect and manage substance abuse issues. The testing policy just stipulates that two managers or supervisors would determine an employee’s cause of irregular behavior. The company’s provision for seeking assistance through the Health and Welfare Plan was included in the program. There were three (3) identified rehabilitation centers which can provide counseling and treatment. The employee was clearly advised that â€Å"he or she may be suspended without pay prior to, during and after any rehabilitation or counseling program and must prove to be al cohol or drug free before returning to work† (Drug Free Workplace Program 1996). Ramifications of Including or Omitting Relevant Provisions Both the employers and the employees benefit with including precise provisions regarding all pertinent information indicated in the drug free workplace program. We will write a custom essay sample on Drug Free Workplace Paper or any topic specifically for you Only $17.96 $11.86/pageorder now As indicated it has important consequences for the employees’ eligibility for medical and indemnity benefits. Since the scope of work of Giles Electrical Company could be classified as risky in nature, any work related accident should be closely examined and investigated as to the nature of their occurrence. If the cause of the accident is drug related in nature, then any compensation due to the employee would be forfeited. The policy clearly specifies and explains all relevant information needed by the employee in this regard. The employer, on the other hand, would likewise be guided on the provisions regarding the appropriate measures of testing a suspected employee. The provisions also explicitly warned against undue and unjust discipline, discharge or discrimination against any employee for seeking voluntary treatment for drug related program not within the jurisdiction of the program. It would be more helpful for supervisors and managers to have specific provisions for training as to the detection and management of substance abuse issues. The absence of any provision in this regard might be construed as a loophole due to the subjective nature of determining the cause for irregular behavior. This might be an area where tendencies for grievance and objections could arise.

Wag The Dog Essay - 939 Words

Although the movie Wag the Dog is a comedy about a completly fake war, written and produced by a top Hollywood producer and a presidential Mr. Fix-It in order to take the focus off of a presidential sex scandel 11 days before the election, it does have a serious message to impart - Dont believe everything you see on TV. Sure, parents tell their kids that the man on TV isnt really dead, its all fake, and we all know that movies and sitcoms and dramas arent real, theyre written and acted. But we believe the shows not labelled fiction. We watch documentries and biographies and absorb the information as the truth. When we watch the news at 6:00 pm every evening, and read the paper over coffee and breakfast, we believe everything†¦show more content†¦They create a short grainy news footage piece of a young girl running from her village holding a kitten. She is in fact an actor and running through an empty studio. The kitten, village, and sound effects of screaming and sirens are added in later. This piece is played on the evening news and touches the heart of millions of Americans. They innocently trust what they are seeing because it is on the news. The news is not supposed to be fiction, it is supposed to be an accurate, objective view of what is happening in the world around us. It is not supposed to be made up to influence such things as who we decide to vote for. It is interesting to note that after the video was shown, many newspapers didnt even have mention of the Firefly girl that accused the President of sexual misconduct. nbsp;nbsp;nbsp;nbsp;nbsp;The power of the media is such that even though we think we can trust everything we hear or read, we have to view it objectively and not absorb the opinions professed as our own. These opinions are often sublty mentioned to influence us and our opinions. nbsp;nbsp;nbsp;nbsp;nbsp;The media already influence us and our opinions too much already. For instance, our opinions on what the ideal is for beauty. The media constantly portray the beauty of women being in their non existent weight. If you actually look at most of the models on the runway, youd be thinking yuck!! But because they wearShow MoreRelatedWag the Dog958 Words   |  4 PagesAlthough the movie Wag the Dog is a comedy about a completly fake war, written and produced by a top Hollywood producer and a presidential Mr. Fix-It in order to take the focus off of a presidential sex scandel 11 days before the election, it does have a serious message to impart - Dont believe everything you see on TV. Sure, parents tell their kids that the man on TV isnt really dead, its all fake, and we all know that movies and sitcoms and dramas arent real, theyre written and acted. ButRead MoreEssay on Wag the Dog1203 Words   |  5 PagesWag the Dog In today’s dynamic world we rely on different sources of information using varieties of information technologies. We depend on the various mass media for information about events in and outside of the United States. This information influences, and often shapes the view of our country and the world, and helps us determine the position on issues that affect us. The media indeed shapes our reality. Media is and will always be the conductor between a government and the people theyRead MoreEssay on Wag The Dog862 Words   |  4 Pages Wag The Dog nbsp;nbsp;nbsp;nbsp;nbsp; nbsp;nbsp;nbsp;nbsp;nbsp;The movie starts with the President hit with the claim he had sexual relations with a firefly girl during a tour of the white house, and all this happens two weeks before the election. Im not sure if this movie was actually based upon the Lewinsky scandal that our current president is facing, but it seems this movie came at the right time. The story is similar, as far as the sex charges, and a war to cover it up. ClintonRead MoreMovie Analysis : The Dog1346 Words   |  6 PagesThe 1997 Barry Levinson’s film Wag the Dog narrates its viewers a story about the successful rescue of the US President’s reputation that has been stained substantially. The President was involved in a sexual scandal eleven days before the election, according to the film’s plot. In order for him to be re-elected for the second term, extreme measures were taken by a Hollywood film producer Stanley Motss (Dustin Hoffman) and consultant Conrad Bean (Robert De Niro) t o raise the ratings of the actingRead MoreConflicts That Arise from Particular Ways of Seeing the World Are Made Evident Through the Shaping of Texts-Barry Levinson’s Film â€Å"Wag the Dog† and Michael Moore’s Documentary â€Å"Fahrenheit 9/11†1039 Words   |  5 Pagesmade evident through the shaping of texts. In Barry Levinson’s film â€Å"Wag the Dog† and Michael Moore’s documentary â€Å"Fahrenheit 9/11†, it is clear that the perspectives in which the audience views the world create particular conflicts. In both texts, the conflicting perspectives arise from the way the naà ¯ve public views the world and the way that the government and media view the world through their particular agendas. In â€Å"Wag the Dog†, the plot relies on the alleged sexual impropriety of the presidentRead MoreBeneful Commercial analysis Essay561 Words   |  3 Pages A strong healthy dog is pulling a wagon of a pretty bag of dog food that looks healthy and tasty. The dog food sets perfect and looks great in the wagon. The little puppy is pulling this big wagon of dog food up a steep winding road, to show his strength from eating Beneful dog food. The wagon with the dog food in it says â€Å"Incerdibites Bring out the incredible in your small dog. The advertisers attended audience is anyone who owns a small dog. The ad also says â€Å"it’s not the size of your tail it’sRead MoreThe Art of Persuassion Essay1470 Words   |  6 Pagesthe members of the documentary, other than to see what the directors wanted us to see. We didn’t see the downtime of the camp or the normal things the kids took part in, we only saw the footage that would evoke a certain emotion in us. The movie Wag the Dog was perhaps the greatest example of both framing and reframing that we observed in class. The whole movie was a lesson in framing and reframing and how quickly adjustments on the fly have to be made. The entire way in which the â€Å"war† is framed takesRead MorePet Wearables And Connected Device Technology1567 Words   |  7 Pagesdevices are then being modified to meet the needs of the regular pet dog owner. New devices for pet dogs cover everything from identification, tracking, vital sign monitoring, video cameras and environmental temperature fluctuations to algorithms that translate tail wags and eventually even brain waves into emotions that can be relayed to the owner. Our own smartphones allow most of these innovations to connect owners with their dogs’ wearables by the use of applications. As technology continues toRead MoreEssay Harper1467 Words   |  6 Pagesand understanding. â€Å"The Three Questions† by Leo Tolstoy also sho ws conflict between knowledge and understanding but in a different way than the blind men and the elephant does. â€Å"Education as Maturity† by H.A Overstreet shows the process. Finally Wag the Dog by Barry Levinson shows the dangers of critical thinking. In John Berger’s Ways of Seeing he offers the problem of people being subjective. Linda Elder’s argument supports John Berger’s statement. John Berger is saying people are subjective whenRead MoreMy First Year I Am1144 Words   |  5 PagesI have had to babysit Keltie, my older sister Tamara’s dog, for her for the past three years. When her boyfriend Joe and her decided to make the trip from Colorado to Iowa, I am left with this responsibility. The first year I babysat I really enjoyed it, mainly because I just met him and learned about how fun and loveable he was. The second year I took care of Keltie I carried more responsibilities. This year, compelled to wake up so early to take care of him, made the amusement fall away. Tamara

Computer Fraud free essay sample

Several of the checks were cashed by Sabbath or deposited into her personal bank account, and some were deposited into the bank accounts of others. She attempted to conceal the fraud by altering the electronic check registers of North Bay to make it appear as if the checks had been payable to the companys vendors. The fraudulent scheme resulted in losses to North Bay of at least $875,035. On May 27, 2004, Sabbath, plead guilty to two counts of computer fraud, and faces a maximum sentence of five years In prison and a $250,000 fine. 2.Denial of Service Attack On January 19, 2001, Dennis was sentenced to SIX months Incarceration; three months In Call and three months of home confinement, followed by one year of supervised release. Additionally, he must allow authorities to monitor his computer activity, and perform 240 hours of community service. 3. Malicious Systems Adman at UBS A disgruntled computer systems administrator for UBS Pawnbroker was charged with using a logic bomb to cause more than $3 million in damage to the companys computer network, and with securities fraud for his failed plan to drive down the companys stock with activation of the logic bomb. Roger Duration is charged in one count of securities fraud which carries a maximum penalty of 10 years in federal prison and a $1 million fine and one charge of computer fraud which carries a axiom prison sentence of 10 years and a fine of $250,000 or, alternatively, two times the gain made by the defendant or the loss suffered by the victim. Durango, who worked at Pawnbrokers offices In Weakened, N. J. , planted the logic bomb In some 1,000 of Pawnbrokers approximately 1,500 networked computers in branch offices around the country.The logic bomb, which was activated after During resigned, deleted files on over 1,000 of UBS Pawnbrokers computers. It cost Pawnbroker more than $3 million to assess and repair the damage. Duration also purchased more than $21 ,OOH of put option contracts for UBS Pawnbrokers arena company, UBS, A. G. s stock, hoping that the stock would decline in response to the damage caused by the logic bomb. The bomb attack did not have any impact on the price of the stock. The investigation of Duration was conducted by the U. S.Secret Services Electronic Crimes Task Force with help from UBS Pawnbroker. Robert Durango 4. Illegal Data Milling The owner of Smaller, a business that distributes advertisements via the Internet to e-mail addresses on behalf of advertisers or their brokers was indicted for laundering and obstruction of Justice. It was alleged that Scott Levine and other Simpering employees illegally accessed a computer database owned and operated by Axiom Corporation, a company that stores, processes, and manages personal, financial, and corporate data on behalf of its clients.On numerous occasions, Levine and others illegally entered into an Axiom file transfer protocol (ftp) server and downloaded significant amounts of data. The intrusions were traced back to an internet protocol address that belonged to one of Semifinals computers. The downloading of the databases lasted for period of a year and a half and represented 8. 2 gigabytes of data. While the stolen data contained personal information about a great number of individuals and could have resulted in tremendous loss if the information were used in a fraudulent way, there was no evidence to date that any of the data was misused in this way.Axiom, immediately notified law enforcement upon discovery of intrusions into its system and assisted with the investigation which was conducted by a task force formed the Federal Bureau of Investigation (FBI) and the United States Secret Service (SWISS). Scott Levine 5. The Melissa Worm David L. Smith, a 31 -year old New Jersey programmer was accused of unleashing the Melissa computer virus, a Visual Basic for Applications[clarification needed] based worm. [1]This virus was propagated by deliberately posting an infected document to an alt. Sex Usenet newsgroup from a stolen AOL account.It is believed that Smith named the virus after a striper he had known in Florida. He constructed the virus to evade anti-virus software and to infect computers using Microsoft Windows and Word programs. The Melissa virus appeared on thousands of email systems on March 26, 1999, disguised as an important message from a colleague or friend. The virus was designed to send an infected email to the first 50 email addresses on the users Microsoft Outlook address book. Each infected computer would infect 50 additional computers, which in turn would infect another 50 computers.The virus proliferated rapidly and exponentially, resulting in substantial interruption and impairment of public communications and services. Many system administrators to disconnect their computer system from the internet. Companies such as Microsoft, Intel, Lockheed Martin and Lucent Technologies were forced to shut down their e-mail gateways due to the vast amount of email the virus as generating. To date, the Melissa virus is the most costly outbreak, causing more than $400 million in damages to North American businesses. Smith was one of the first persons ever to be prosecuted for writing a virus.He was sentenced to 20 months in federal prison and a fine of $5,000. He was also ordered to serve three years of supervised release after completion of his prison sentence. The investigation was conducted by members of the New Jersey State Police High Technology Crime Unit, the Federal Bureau of Investigation (FBI), the Justice Departments Computer Crime and Intellectual Property Section, and the Defense Criminal Investigative service. Once the fraud was discovered, an audit was performed and the report is available at Summered audit report Republic Act 8792, was signed into law last June 14, 2000.It is a landmark legislation in the history of the Philippines. Not only has this bill made the country a legitimate player in the global marketplace. The Philippine effect last June 19, 2000. With the Philippines relaxed stock market listing rules plus a proposed vibrant investment priorities program in place, Filipinos here and abroad, and its foreign ratters, have something to look forward for. Here are the salient features of Republic Act 8792: It gives legal recognition of electronic data messages, electronic documents, and electronic signatures. (section 6 to 13) Allows the formation of contracts in electronic form. Section 16) Makes banking transactions done through ATM switching networks absolute once consummated. (section 16) Parties are given the right to choose the type and level of security methods that suit their needs. (section 24) Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to, multi-modal, airport, road, rail, inland waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill, charter party bill of lading. Section 25 and 26) Mandates the government to have the capability to do e-commerce within 2 years or before June 19, 2002. (section 27) Mandates Repel to be implemented. Repel is a strategy that intends to connect all government offices to the Internet and provide universal access to the general public. The Department of Transportation and Communications, National Telecommunications Commission, and Minicomputers Center will come up with policies and rules that shall lead to substantial reduction of costs of telecommunication and Internet facilities to ensure the implementation of Repel. Section 28) Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications. (section 28) Empowers t he Department of Trade and Industry to supervise the development of e-commerce in the country. It can also come up with policies and regulations, when needed, to facilitate the growth of e- commerce. (section 29) Provided guidelines as to when a service provider can be viable. (section 30) Authorities and parties with the legal right can only gain access to electronic documents, electronic data messages, and electronic signatures.For confidentiality purposes, it shall not share or convey to any other person. (section 31 and 32) Hacking or cracking, refers to unauthorized access including the introduction of computer viruses, is punishable by a fine from 100 thousand to maximum commensuration to the damage. With imprisonment from 6 months to 3 years. (section 33) Piracy through the use of telecommunication networks, such as the Internet, that infringes intellectual property rights is punishable. The penalties are the same as hacking. (section 33) All existing laws such as the Consumer Act of the Philosophical applies to e-commerce transactions. Section 33) Anyone who uses the Internet, computer, cellular phone, and other IT-enabled devices has the duty to know ARREAR. As the old saying goes, Ignorance of the law doesnt excuse anyone. There were several hacking/cracking incidents that took place in the past five years. I am worried that these people behind the hacking attempts are engagements, I was asked how come there are still so many hacking attempts even now that we have a law. Is it unenforceable? I fear that as e-commerce takes off in the government and private sector, the moment we run to law enforcers in times of trouble, they will not be able to help us. The law enforcement agencies such as the National Bureau of Investigation and Philippine National Police are continuously beefing up their skills. It is sad to note however that they have not received any form of funding for their training and cybercafà © equipment. Whatever they have right now are donated by foreign governments in the form of training and equipment. Despite limited resources, the conviction of the first Filipino hacker under Republic Act 8792 puts high marks on our enforcement of the E-commerce Law. The business community and Internet users must contribute and work with government to take action on this.It is not the Cybercafà © bill that is important today, giving appropriate funding for cybercafà © enforcement is, that will allow the creation of cybercafà © helpless all over the country. In addition, it requires vigilance from the Internet community as well. If you know of someone that has made these hacking actions, report them. It is the duty of every Filipino to report these crimes. They can contact he Cyber Crime Anti Fraud Division of the National Bureau of Investigation at Taft Eave. , Manila, phone number (632) 5254093 and look for Director Reynolds Waco or Tatty. Eleven Menses, Jar.Those who became victims as well should report it and not just ignore it, change the site, and move on. If this is the attitude that site owners will show, unlawful actions such as this, regardless of best or worst intention, will never cease. The web hosting, Internet Service Provider, phone companies should extend their best cooperation as well to facilitate efficient investigation in this regard. More importantly, what the hackers should realize that Just because they were not caught now, does not mean they are already off the hook. What they are only doing is accumulate offenses.One day, the hand of the law will reach them. Once that happens, all of these offenses can be combined into a one big case that can put them to Jail longer than they think. Even if the owners of the sites that they were able to hack decide not to pursue a case against them, it does not mean they no longer have a liability. The hacking/cracking/piracy provision of the E-commerce Law makes such acts as criminal offenses in nature, therefore what can only be waived, should the companies decide not to sue them, is the civil liability (monetary damages) and the criminal liability will still be pursued by the state. I hope that publications can play a role in sparking vigilance among Internet users of this country and the world against acts of hacking/cracking/piracy. The act of hacking should never be glorified and even make these people who commits these acts as heroes. It may send a wrong signal that our younger Internet generation might misunderstand. These people are engine that theyre getting the media mileage and attention that they long for and see it like a merit/badge of their hacking accomplishment. Being published, talked about, is Im very sure, a big deal for some of these guys.

The Value of Aviation Insurance free essay sample

Air travel has become a necessity or a way of life if you may, for all of us in the society we live in today. It has come to be a commonplace and a convenient means of transportation. When booking a flight though, most of us tend to take for granted that the plane will take off and land at our destination intact. We tend to focus more on the airlines service and comforts offered on board that the great amount of risks involved in each journey.The average passenger on board an aircraft does not understand that airline operators and airports across the world are faced with diverse and challenging risks that can affect the operation of their business. We are mainly concerned as to whether or not our luggage will be waiting for us at arrivals. To name a few of the many factors that can affect an airlines performance there’s aircraft structure, air traffic control, pilot experience, fuel availability, ground crew competence, weather conditions and many more. We will write a custom essay sample on The Value of Aviation Insurance or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The most important factor which, under law, must be met before any aircraft can fly is insurance. Insurance is among the most vital and valuable assets enabling an aircraft to fly. Of course all airlines require financial means, aircraft, experienced staff and fuel, but without insurance no aircraft will ever take off. Aviation Insurance has been around since the early part of the 20th century, with the first aviation insurance policy being underwritten by Lloyds of London in 1911. However the company pulled out of the sector a year later after bad weather and crashes caused severe losses.By 1933 the airline industry was well-established, and it was realized that there needed to be specialized insurance for it. The International Union of Marine Insurance set up an aviation committee and by 1934 eight European insurance companies were finally established, and the International Union of Aviation Insurers was set up (Kranse, 2011). Insurance guarantees a monetary compensation for losses which the insured may incur and it replaces uncertainty of a possible large loss into the certainty of a smaller but fixed annual cost. In the case of aviation, insurance provides a financial guarantee for huge amounts at risk.Todays global fleet consists of some 21,400 western built airlines, representing a hull insured value of approximate 570 billion dollars. On average, aviation insurers grant liability policy limits of around 750 million dollars for every single departure of which there are roughly 31 million annually. The sums potentially at risk amount to hundreds of billions of dollars (Peter, 2004). To be more precise as to why insurance is essential in the overall operation of an aircraft let us take a look at the following example shown in Andreas F. Peter’s publication of â€Å"The true value of aviation insurance†. The hull value of a fully booked aircraft en route from New York to London with approximately 400 passengers and 19 members of crew may amount to about 150 million dollars. In the event of a fatal accident the potential liability for the passenger awards could reach 1. 5 billion dollars and this without taking any third party losses on the ground into consideration. In mentioning this example, the following figures based on the annual losses of airline insurers for 2009 being compared to 2008 will be clearer (Schmitz, 2010).

Free Essays on Subsidizing Of The Airlines Industry

Introduction Very few markets in the United States have been untouched by government interventions of one kind or another. The airline industry is no exception. Government regulations and subsidies of the airline industry are a common occurrence. Only the form and reason change as society and its economics change. President Harry Truman, in 1951, subsidized the airline business not only to support the growth of an infant industry, but also to support aircraft for military endeavors. In that instance, the airline subsidy merged with compensation for the cost of handling mail and postal expenditures. Subsidies to Private Businesses and Corporate Welfare Programs Federal subsidies to private businesses cost taxpayers $87 billion per year. That is over 30 percent more than the Cato Institute's 1997 corporate welfare estimate of $65 billion. The Cato Institute's of 1997 was a plan to finally stop and put an end to welfare, and to help the people with jobs, training, and going to school. If corporate welfare were eliminated tomorrow, the federal government could provide taxpayers with an annual tax cut more than twice as large as the tax rebate checks mailed out in 2001. President Bush's first proposed budget recommends about $12 billion in total corporate welfare cuts. Most notable are the proposed cuts for the Advanced Technology Program, the Export-Import Bank, the Overseas Private Investment Corporation, the Maritime Administration's guaranteed loan program, and the Small Business Administration. However, the Bush budget proposal also increases some of the largest corporate welfare programs, such as federal aid to oil companies through the f ossil energy research and development program and research subsidies to aerospace companies as well as increases for the National Agricultural Statistics Service, the Foreign Agriculture Service, and the Conservation Reserve Program Spending bills working their way through the House and Senate App... Free Essays on Subsidizing Of The Airlines Industry Free Essays on Subsidizing Of The Airlines Industry Introduction Very few markets in the United States have been untouched by government interventions of one kind or another. The airline industry is no exception. Government regulations and subsidies of the airline industry are a common occurrence. Only the form and reason change as society and its economics change. President Harry Truman, in 1951, subsidized the airline business not only to support the growth of an infant industry, but also to support aircraft for military endeavors. In that instance, the airline subsidy merged with compensation for the cost of handling mail and postal expenditures. Subsidies to Private Businesses and Corporate Welfare Programs Federal subsidies to private businesses cost taxpayers $87 billion per year. That is over 30 percent more than the Cato Institute's 1997 corporate welfare estimate of $65 billion. The Cato Institute's of 1997 was a plan to finally stop and put an end to welfare, and to help the people with jobs, training, and going to school. If corporate welfare were eliminated tomorrow, the federal government could provide taxpayers with an annual tax cut more than twice as large as the tax rebate checks mailed out in 2001. President Bush's first proposed budget recommends about $12 billion in total corporate welfare cuts. Most notable are the proposed cuts for the Advanced Technology Program, the Export-Import Bank, the Overseas Private Investment Corporation, the Maritime Administration's guaranteed loan program, and the Small Business Administration. However, the Bush budget proposal also increases some of the largest corporate welfare programs, such as federal aid to oil companies through the f ossil energy research and development program and research subsidies to aerospace companies as well as increases for the National Agricultural Statistics Service, the Foreign Agriculture Service, and the Conservation Reserve Program Spending bills working their way through the House and Senate App...

Conjugate Trouver (to Find) in French

Conjugate Trouver (to Find) in French In French, the verb  trouver  means to find. This is a little easier to remember if you think of finding a treasure trove. Beyond that, youll also need to memorize the verbs conjugations in order to say things like the present tense finding and the past tense found. A quick lesson will introduce you to the essential conjugations of  trouver  youll need. The Basic Conjugations of  Trouver Verb conjugations in French are a little trickier than they are in English. Where we use -ing and -ed endings to indicate the present and past tenses, French uses a new ending for each subject pronoun within each tense. That means you have more words to memorize. The good news for French students is that  trouver  is a  regular -er verb. It follows the most common conjugation patterns found in the French language, so the endings you learn here can also be applied to a number of other verbs. Well begin the lesson with the indicative mood, which includes the basic present, future, and imperfect past tenses. Once you know that the verbs radical (or stem) is  trouv-, you can apply the appropriate ending. The chart will help you study these words. Simply pair the subject pronoun with the proper tense for your sentence. For example, I am finding is  je trouve  and we found is  nous trouvions. Practicing these in context will speed up your memorization and there are many common  expressions with  trouver  that can help you out. Present Future Imperfect je trouve trouverai trouvais tu trouves trouveras trouvais il trouve trouvera trouvait nous trouvons trouverons trouvions vous trouvez trouverez trouviez ils trouvent trouveront trouvaient The Present Participle of  Trouver For regular verbs, adding -ant to the verb stem forms the present participle. For trouver, that creates the word trouvant. Trouver  in the Compound Past Tense Beyond the imperfect, you can also use the compound past tense known as the  passà © composà ©. This requires a simple construction using the  auxiliary verb  avoir  and the  past participle  trouvà ©. The only conjugation you need to worry about here is for  avoir.  Youll use the present tense that matches the subject, then attach the past participle. For example, I found is  jai trouvà ©Ã‚  and we found is  nous avons trouvà ©. More Simple Conjugations of  Trouver Among the other simple conjugations youll want to study for  trouver  are the subjunctive and the conditional. They both have some degree of uncertainty in the act of finding, with the conditional implying that its dependent on something else happening. There may also be times when youll encounter or use the passà © simple  or  imperfect subjunctive. However, all of the other forms should be your top priority as these are only used on occasion. Subjunctive Conditional Passà © Simple Imperfect Subjunctive je trouve trouverais trouvai trouvasse tu trouves trouverais trouvas trouvasses il trouve trouverait trouva trouvà ¢t nous trouvions trouverions trouvà ¢mes trouvassions vous trouviez trouveriez trouvà ¢tes trouvassiez ils trouvent trouveraient trouvà ¨rent trouvassent The imperative  form  is the only one that doesnt require the subject pronoun. Its used in short sentences and instead of  tu trouve, you can simplify it to  trouve. Imperative (tu) trouve (nous) trouvons (vous) trouvez

Writer's choose Research Paper Example | Topics and Well Written Essays - 1750 words

Writer's choose - Research Paper Example He had been expelled from two schools before he finally joined his elder brother in Art Students League, where they became Thomas Hart Benton’s students. Jackson was not highly influenced by Benton’s theme of the American countryside and instead relied mostly on his dynamic style of painting and his sense of freedom (Potter 43). Jackson also struggled with alcoholism to an extent that he had to attend physiotherapy classes. In 1945, he married an American painter, Lee Krasner, and they moved together to the Springs area in East Hampton. They bought a house and a barn. Jackson then converted the barn into a studio, and it is in that room where he produced some of his greatest works. He continued practicing the drip painting technique to a point that the Time magazine dubbed him as â€Å"Jackson the Dripper† (Engelmann 72). His career was cut short on August 11, 1956, when he had an accident when driving in an intoxicated state. He succumbed to severe injuries and died the same day. In 1943, Jackson painted a mural on a canvas for Peggy Guggenheim on the floor to make it easily portable. One art critic, Marcel Duchamp, saw the mural and wrote: â€Å"I took one look at it and I thought, ‘Now that’s great art’ and I knew Jackson was the greatest painter this country had produced† (Landau 40). It is said that most of his paintings expressed Jungian concepts and archetypes. Historians say that his work might have had bipolar disorder meaning that it was hard for someone to understand exactly what Jackson Pollock had in mind when making a certain painting. David Alfaro Siqueiros, a Mexican muralist, is the man who introduced Jackson to the use of liquid in 1936. Some of the most famous paintings by Jackson are the Male and Female and Composition with Pouring I. He preferred to use household paintings, adding that they were much better compared to artist’s paints because they represented â€Å"a natural growth out of a need† (Potter

Job Interview Assignment Example | Topics and Well Written Essays - 500 words

Job Interview - Assignment Example The challenges that I usually face at job interviews are fear of under-performing, difficulty in articulation and a feeling of answering off-the-track. As a result, I cannot project my talent and skill to prospective employers the way I would like to. I constantly have this negative feel that I would make blunders in the interview and this fear puts me under stress which eventually hampers my performance. I have observed that my panic attack numbs my other faculties like speech and comprehension, thereby affecting my ability to communicate in a sound manner. I become tongue-tied and stiff in responding to the interviewer’s questions and often miss the point. According to job consultants and grooming experts, interview fright is caused due to many factors but the most common one is lack of preparation (Crosby, 2000). At this point, I would like to share my experience at a job interview. There were two rounds to the interview, an aptitude test in the first round and meeting in person in the second round. I qualified in the first round but I did miserably in the second. I could not provide prompt replies to basic questions like â€Å"Why have you chosen our organization over the others?† â€Å"Why do you think we should consider you, when there are more experienced professionals?† I was totally unprepared for these types of questions and had concentrated only on my field of expertise. I learned a valuable lesson that being good in your subject is not enough to make it big in the world; you need to make a strategy for achieving your goals. I fell on to reading a number of informative articles and write-ups on winning interview skills and confidence-building. My reading resources helped me formulate an action plan. Firstly, I would prepare an interview script that would include self-introduction, answers to possible

Fashion Channel Essay Example for Free

Fashion Channel Essay Analysis Following Rosewood through this case study we have seen the company come to a crossroads. The company had to redefine itself to stay relevant in an evolving space. Rosewood had a reputation for managing uniquely distinctive properties without widespread corporate brand name awareness. Each individual property enjoyed vast success in particular from repeat guests who mostly stayed at only one of their distinctive properties in their growing portfolio. Now the company is looking to the future and specifically evaluating whether or not to incorporate the Rosewood brand into the name of each hotel. Rosewood’s senior management is engaging several tools to make their decision. Implementing this new strategy could lead to a bright future or spell disaster. Pros and cons of Rosewood moving to a corporate brand What is branding? According to Entrepreneur magazine â€Å"The marketing practice of creating a name, symbol or design that identifies and differentiates a product from other products.† Creating a corporate brand can come with positive and negatives. Rosewood’s objective will be to leave an imprint that no one else can leave and to create magic moments that their guests will never forget. Such as when the guest goes down memory lane years later after their stay, they will recall the positively outrageous service, the amenities, the food and the atmosphere created by Rosewood. No other hotel will duplicate what they experienced at their properties. Another positive to branding, Rosewood will create standards to measure the overall performance of all their properties. Such as curb appeal, beautiful landscaping, manicured green grass, flowers in season, to beautiful shrubs and trees. Additionally, as the guest arrives the people become part of the standard set, from the doorman, to the desk clerk, to the bellman, to housekeeping, to the engineering team that keeps the building and room temperature comfortable. This is where Rosewood can benefit from differentiation and drive performance. For that reason Jack Welch states in a World Press article, â€Å"Companies win when their managers make a clear and meaningful distinction between top- and bottom-performing businesses and people, when they cultivate the strong and cull the weak†. Some of Rosewood’s property managers, as mentioned in Harvard Business Review:  Rosewood Hotels and Resorts: Branding to increase customer profitability and lifetime value, many had â€Å"mixed feelings† about moving to a corporate brand. When you are measured against other hotels there is only so much room at the top. Naturally, there will some managers that will be asked to â€Å"ship up or ship out†. Thus, the upside is each hotel pushes each other to be the best they can be. Finally, the guest could anticipate what experience they will have at each Rosewood if they moved to a uniform brand. On the other hand, the down side or cons of moving to a uniform brand for Rosewood could be that data gathered from properties could be skewed or demographic information could not apply to all hotels across the brand. According to Phillip Kotler in A Framework for Marketing and Management â€Å"The data collection phase of marketing research is generally the most expensive and the most prone to error† (p.39). Also, some management after differentiation is established and measured could be dismissed if their hotel is at the bottom. Finally, another con could be that some management and employees are not good team players and are not able to uphold the standards charted by management. Customer Lifetime Value Calculator Using a tool like the Customer Lifetime value calculator can be helpful to Rosewood management as they crunch the numbers. This tool helps management take quantitative information and funnel it down to several outcomes. However, garbage in garbage out must be considered here. The CLTV is only as good as the information provided. If one Rosewood hotel provides flawed information or has not collected the data properly, the assumptions arrived to by the CLTV are not accurate. Perhaps as JWMI 518 W2, L2 states â€Å"The best approach is often to make use of both qualitative and quantitative research†. This approach considers the ever changing market conditions, tangibles and intangibles contained within qualitative and quantitative research. They are both valuable and have their place. Finally, within all the data and assumptions gained from the CLTV, there is one factor not considered. The relationship factor. In order to carry out the legendary service brand Rosewood wants to create, the most critical factor the team should be focused on is building relationships. The data, the CLTV, the amenities and a uniform brand all revolves around the staff building meaningful relationships with the guests. The standardized expectation of  how the guests are served is the most important ingredient and the CLTV does not factor this into the equation. According to INC Magazine, â€Å"The truth is that entrepreneurs too often get caught up in the details of the kinds of products or services they are selling to notice how critical it is to build relationships not just with your customers, but also with your vendors, employees and–gasp–even your competitors. Without strong relationships, it is impossible to have success as a business owner, Recommendation My recommendation is that Rosewood should move to branding their hotels using the Rosewood brand immediately. Without setting standard foundations the guest will not know what to anticipate. Rosewood could use standardized data to help anticipate the needs of the guest before they even asked. Also, creating a uniform brand will help everyone come together as one team. When you are a consummate team player you elevate the performance of everyone around them and then there is no limit to what you can do as a team. When Rosewood has everyone on the same page going in the same direction they can create a wow factor the guest will be telling the world about. To most of the world, getting good service is common versus giving positively outrageous service is uncommon. Having a satisfied customer is common versus taking that satisfied customer exceeding his or her expectations and then taking the service one percent beyond that now Rosewood can create a raving fan that is uncommon. References Entrepreneur Magazine, (2013) http://www.entrepreneur.com/encyclopedia/branding Harvard Business Publishing, (2007), Rosewood Hotels and Resorts: Branding to increase customer profitability and lifetime value, P. 5 INC. (2013) http://www.inc.com/guides/201101/how-to-build-better-business-relationships.html Kotler, Chapter 3: Collecting Information and Forecasting Demand, P.39 World Press, (2012) http://frrl.wordpress.com/2009/10/31/jack-welch-on-differentiation-or-making-winners-out-of-everyone/

The Slave Trade And Its Effects On Early America Essay -- essays resea

The Slave Trade and Its Effects on Early America   Ã‚  Ã‚  Ã‚  Ã‚  Slavery played an important role in the development of the American colonies. It was introduced to the colonies in 1619, and spanned until the Emancipation Proclamation in 1863. The trading of slaves in America in the seventeenth century was a large industry. Slaves were captured from their homes in Africa, shipped to America under extremely poor conditions, and then sold to the highest bidder, put to work, and forced to live with the new conditions of America.   Ã‚  Ã‚  Ã‚  Ã‚  There was no mercy for the slaves and their families as they were captured from their homes and forced onto slave ships. Most of the Africans who were captured lived in small villages in West Africa. A typical village takeover would occur early in the morning. An enemy tribe would raid the village, and then burn the huts to the ground. Most of the people who were taken by surprise were killed or captured; few escaped. The captured Africans were now on their way to the slave ships. â€Å"Bound together two by two with heavy wooden yokes fastened around their necks, a long line of black men and women plodded down a well-worn path through the dense forest. Most of the men were burdened with huge elephants' tusks. Others, and many of the women too, bore baskets or bales of food. Little boys and girls trudged along beside their parents, eyes wide in fear and wonder† (McCague, 14).   Ã‚  Ã‚  Ã‚  Ã‚  After they were marched often hundreds of miles, it was time for them to be shipped off to sea, so that they could be sold as cheap labor to help harvest the new world. But before they were shipped off, they had to pass through a slave-trading station. The slave trade, which was first controlled by Portugal, was now controlled by other European nations. In the late 1600's, Spain, Holland, England, France and Denmark were all sending ships to West Africa. The slave trade was becoming big business (Goodman, 7).   Ã‚  Ã‚  Ã‚  Ã‚  Selection of the slaves by the traders was a painstaking process. Ships from England would pull up on the coast of Africa, and the captains would set off towards the coast on small ships. â€Å"If the slave trader was a black chief, there always had to be a certain amount of palaver, or talk, before getting down to business. As a rule, the chief would expect some pr... ...m for slave owners, because they wanted the most efficiency out of their slaves as possible. In some places doctors were called in to treat blacks as well as whites.   Ã‚  Ã‚  Ã‚  Ã‚  The slave trade played an important role in the growth of the American colonies. Without the trading of slaves in the seventeenth century, American plantations would not have prospered into the export empire that they were. Works Cited Buckmaster, Henrietta. Let My People Go. Boston: Beacon Press, 1941. Davis, David Brion. Slavery and Human Progress. New York: Oxford University Press,   Ã‚  Ã‚  Ã‚  Ã‚  1984. DuBois, William Edward Burghardt. The Suppression of the African Slave-Trade to the   Ã‚  Ã‚  Ã‚  Ã‚  United States of America. New York: Schocken Books, 1969. Goodman, Walter. Black Bondage: the Life of Slaves in the South. New York: Farrar,   Ã‚  Ã‚  Ã‚  Ã‚  Straus & Giroux, 1969. Howard, Richard. Black Cargo. New York: G. P. Putnam's Sons, 1972. McCague, James. The Long Bondage 1441-1815. Illinois: Garrard Publishing   Ã‚  Ã‚  Ã‚  Ã‚  Company, 1972. Stampp, Kenneth M. The Peculiar Institution. New York: Borzoi Books, 1982.

Citizen Cane Questionaire

Citizen Kane Questionnaire View the movie CITIZEN KANE (1941) for discussion in class on week four and to submit week five. Be sure to view the film at least twice before workshop number four. Read the information in this syllabus about this movie. Research it online at http://www. filmsite. org/citi. html http://en. wikipedia. org/wiki/Citizen_Kane, http://www. imdb. com/title/tt0033467/, http://www. cinepad. com/reviews/kane. htm, etc. Then complete the following questionnaire A. Literary Elements (Describe in one or two sentences) 1. Structure (storytelling formatThe storytelling format for this film was more of an investigation kind of way, searching for the meaning of the word rosebud. Flashbacks used throughout the film to fill in information that could lead to the meaning of the words. 2. Plot (story) The story is about a man who becomes a tycoon. While gaining riches, wives and possessions he loses his soul. He dies and some journalists want to discover the meaning of his dyi ng words â€Å"rose bud†. 3. Theme (message) The theme message for this film is that money and power do not make a person. Not all the power and money one person may have is going to fulfill the happiness one desires. . Three moral issues in the story Power cannot buy happiness nor can it fulfill it. There were a few social issues, one of them being family and marriage issues such as divorce. Kane’s fame and wealth cannot save him from his secret relationship. B. Mise en Scene: Theatrical Elements (give two examples each, noting briefly what you have observed and where in the film) 5. Unusual Sets/Backdrops A. ) The scene where Kane and his wife were at a cafe or restaurant and the back drop was a wilderness or forest and they threw in animated birds flying through the backdrop.B. ) Another element was enormous fireplace at Kane’s residence. 6. Historic Costuming A. ) Their costumes represented the era and their social status. B. ) Kane wore a thick, heavy fur c oat that represented his status; having great deal of money. 7. Notable Makeup A) Kane’s makeup in the early stages young and youthful and at the end, it showed him 85 and old-marriage scene, young and when his second wife was leaving him, it depicted him old with a cane B) Makeup shown when his second wife dressed up to sing opera at their theatre she wore heavy makeup . Composition (vertical lines, ceiling framing) A. ) There is a ceiling frame scene, where Kane and his friend come across the reporter that had fallen asleep; on the review of wife’s performance. The camera focused on his friend using a low angle showing the corner of the ceiling his head. B. ) In the theatre, during one of the performances the camera scrolls up looking at nothing but the structure of the building. As the camera, scrolls up there were walkways or railing that went across the screen. 9. High key lighting (happy)A) When he meets his second wife and goes to her place she is lit up and lig ht depicting happy. B) There is high lighting used while watching the marching girls; cheering and happy music playing in background. 10. Low key Lighting (mystery) A. ) There is a face in the dark when Kane goes to meet someone for information about something. The dark shadow over the face shows that there is a secret. B. ) In the start of the film appears to be several men in a darkened room; appears mystererious, searching for answers. All men stay in the dark when that scene ends. C. Low key lighting used when fireworks launched into the sky. 11. Notable Acting (and movement) A. ) The end of the movie Kane destroys his second wife’s room, breaking glass, flipping tables over, throwing everything on the ground, showing his anger, frustration and pain. B. ) Notable acting when Kane slaps his second wife across the face when she was complaining about the reviews in the paper about her performance. C. Cinematography (give two examples each, noting briefly what you have observ ed and where in the film) 12. Notable camera angles (low angle, high angle, etc. A) There is an extremely low angle when the boy receives a gift. B) There is a low angle during one of the opera performances when the camera looks down at the singing coach sort of under the stage. 13. Notable Framing (two shot, three shot, four shot, foreground framing) A) There is a three shot frame when Kane is typing the review. B) The scene where in the background, through the window, a boy can be seen playing outside. C) There is foreground framing in the reflection shot from the window of Kane dancing. 14. Notable Framing (close-up)A) The scene when Kane says, â€Å"Rosebud† with an extreme close-up of his lips. B) At the end of the movie when camera zooms in on Kane’s childhood sled focusing in on â€Å"Rosebud† 15. Notable lenses (deep focus, fish eye) A) The scene with the boy playing in the snow, seen through the window while his mother signs documents has deep focus. B) The scene where Kane’s wife is laying in the chair, the meds on the table; seen up close and the focus remains clear to the bedroom door in the distance. 16. Notable Camera Movement (crane shots, hand-held, etc. A) There is a crane shot; camera breaks through the sign and into the broken skylight into the El Rancho Nightclub B) Crane shot- Emily went to Susan’s home and going up the stairs into her home is one depicted. 17. Forced perspective A) The wedding scene of Emily and Kane are using forced perspective of the White House. B) There is a Scene showing Kane’s home, gate seen in the background on top of the hill. D. Editing—Assembly and Printing of film (give two examples each, noting briefly what you have observed and where in the film) 8. Special Effects (animation, matting) A) There is animation in two of the scenes where they show you a map WB. B) There is also picnic scene where animated birds are flying. 19. Transitions (dissolves, wipes, fades) A) Dissolving scene is when Thatcher, Bernstein, Kane are in a room, three are at a table and Kane is in the back. That letter reading shows 1929 and it dissolves. B) Earlier scene in beginning of film shows monkeys then it proceeds and you see the castle . In all that area all picture is showing dissolving.C) The Xanadu scenes were also dissolving scenes. D) His campaign scene showing his face in the background also dissolves. 20. Montage A) The scene at the â€Å"breakfast† table shows marriage nice and sweet then shows it falling apart. B) Another scene; Thatcher calls Kane Charles at Christmas time and he opened a Christmas present. This portrayed Thatcher young, Kane young, then next scene is reading a letter from Kane, and he is aged. D. Sound (give one example each) 21. Diegetic music A) When Kane receives the trophy.B) After the scene where Kane is typing the review. 22. Non-diagetic music A) After Kane leaves in the trophy scene thee is non- diegetic music. B) Sound transition; there was clapping going from one scene to another. 23. Notable or unusual music A) There is notable military music by the Teddy Roosevelt scene in the beginning of the film. B) The scene where you see the mannish woman there is echo and ironic music then you hear audio the audio transition and are less subtle 24. Layering A) There was voice overlay at the beginning with Thatcher and two employees.Thatcher is upset with Him for working at the newspaper and losing money. B) When Kane was throwing his big party with dancing girls there was laughter and chaos, much vocal overlay. 25. Audio transitions A) There is an audio transition when Kane yelling transitions into the horn honking. B) Audio transition scene when Kane is giving a speech and the scene transitions through different speeches. 26. Dead screen A) There is dead screen after the montage of scenes going through the newspaper headlines the film goes into a dead screen.

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