Digital Marketing Mix - Google Essay

Advanced Marketing Mix - Google Essay Free Online Research Papers Presentation The term advertising blend got advocated after Neil H. Borden distributed his 1964 article, The Concept of the Marketing Mix. Borden started utilizing the term in his instructing in the late 1940s after James Culliton had portrayed the advertising chief as a blender of fixings. E. Jerome McCarthy later assembled these fixings into the four classes that today are known as the 4 Ps of showcasing. Advertising choices for the most part fall into the accompanying four controllable classifications: Product, Price, Place (conveyance) and Promotion. These four Ps are the boundaries that the showcasing director can control, subject to the inner and outside imperatives of the promoting condition. The objective is to settle on choices that middle the four Ps on the clients in the objective market so as to make apparent esteem and produce a positive reaction. Comprehensively characterized, advancing the showcasing blend is the essential obligation of promoting. By offering the item with the correct mix of the four Ps advertisers can improve their outcomes and promoting viability. Rolling out little improvements in the promoting blend is commonly viewed as a strategic change. Rolling out huge improvements in any of the four Ps can be viewed as vital. For instance, a huge change in the value, say from $19.00 to $39.00 would be viewed as a vital change in the situation of the item. In any case, a difference in $131 to $130.99 would be viewed as a strategic change, conceivably identified with a limited time special. The term Marketing Mix in any case, doesn't infer that the 4P components speak to choices. They are not exchange offs yet are essential showcasing issues that consistently should be tended to. They are the crucial activities that showcasing requires whether decided unequivocally or naturally. Googles Marketing Mix Google was established by two Stanford University understudies, at their apartment, in 1995. Google has become the world’s most well known web index from that point forward and can credit its prosperity to a creative advertising plan. The way of life of Google is like a significant number of the dotcoms of the 90’s. Most worker workstations are encircled by relaxation exercises, for example, rollerblading, espresso lounges and a variety of toys, for example, bikes and elastic balls, thronw all through the structure. The way of life was worked to suit the propensities for an age of PC geeks who were worn out on sitting in desk areas. Google is one of a kind in where the workers truly had built up a device that was required by each and every individual who had a web association. It found a decent market specialty and followed the way of development to showcase itself as the solid organization that everybody knows today. Google’s showcasing plan can be separated into the four P’s of advertising; item, value, advancement and spot. Google has thought about every single one of these regions of promoting and utilized them as a bit of leeway over their rivals. Item Google offers administrations as a type of it item to its clients. The items they offer falls into mechanical items; Google’s’ business items offer administrations to their clients, for example, publicizing and giving their hunt innovation to take care of companies’ search issues inside their intranet. Likewise, they additionally sell substantial things alongside its administration or cross breed offers and furthermore sell â€Å"pure† items. Google orders their items into three classes: Advertising arrangements, Business Solutions, and the Google Store. In their Advertising arrangements, they offer Google’s AdWords. Google offers text-based advertisements that are exact to the pursuit on the website of the client and the clients pay Google each time web search clients click on their webpage. They help the clients to set up their site as the volume of guests to the client site’s increments. Cost Google’s cost for AdWords is determined to the measure of notice every day it gives its shoppers. In Google’s case the rundown cost is at five pennies for every day, be that as it may, it can go as high as $50.00 every day. The value contrast will rely upon the measure of commercial every day that the buyers are happy to pay and the measure of times people snap to see the promotions and how high these advertisements rank on a pursuit page. Limits are another component of value setting. The three sorts of limits are amount, exchange, and money. Amount limits are offered to shoppers for purchasing in masses or in enormous amounts. Google right now isn't furnishing its clients with limits nor stipends in its Google AdWords program To wrap things up, the credit terms required by an association to conclude the item cost. Google’s structure firmly relates installment periods with credit terms, yet every associations credit terms change contingent upon the sort of industry. As referenced before, Google gives a month to month credit breaking point to those clients with the great money related record. As far as possible beginnings at $50.00 per month and it can increment to more than $500.00 every month. Advancement Google depends incredibly on informal exchange to create and grow their imaginative image. The more valid a brand is, the more broadly its notoriety will spread. Google, similar to Kleenex and Xerox, has become so unavoidable that the brand name is utilized as a normal word. Google’s helpful assistance and exact query items have made it one of the world’s most popular brands and web indexes totally through informal exchange from fulfilled clients. Google’s exceptional outcomes it has constrained its committed clients to illuminate every other person about their striking web index. Google’s development is evidence of the intensity of viral showcasing, without the requirement for enormous promoting spending plans. With viral promoting, clients become the company’s publicists by telling their companions who thusly give the news to their companions until it turns crazy and informal outcomes. Google is unquestionably an effective informal exchange and a verbal exchange flows dependent on the nature of the item. Their best reference is a companion and with enough companions, they will make a buzz and critical introduction by overhearing people's conversations, a definitive marking procedure. Verbal exchange fixated on quality, not publicizing, wins in the new business condition. Spot Google’s place is the web. With regards to Google and attempting to focus on their shoppers, the individuals on the Internet, nobody improves. Google is one of around four web crawlers that have critical outcomes. Google and Alltheweb do the best slithering. Google has been selling out as of late, and still shows some unadulterated inquiry buildup from its initial roots. Similarly as Microsoft was late to perceive the significance of the Internet, they are indeed ill-equipped to take on Yahoo and Google. In 2003 Microsoft started trying different things with their own crawler at a low level. Great web crawlers need numerous long periods of training before they can creep the web adequately, and request the outcomes with the goal that searchers see them to be pertinent. End What Google shows improvement over the other web search tools is they raise the nearest coordinating sites and are not biasing the pursuit with any paid commercials. They should keep on isolating the paid list items with the natural list items. In conclusion, Google should keep on being creative and attempt new things. They are continually utilizing innovation and splendid personalities to think of helpful instruments for regular use. They likewise have a wide assortment of administrations accessible to organizations that most neglect. To stay aware of innovation and push its limits in the web world, Google employs the most elite. Numerous individuals state they can’t recall what life resembled without Google and with its proceeded with advancement, there will be a lot more individuals added to that rundown. References As recovered on January 12, 2009 netmba.com/promoting/blend/ As recovered on January 12, 2009 quickmba.com/showcasing/blend/ As recovered on January 12, 2009 http://en.wikipedia.org/wiki/Marketing_mix As recovered on January 12, 2009 http://articles.castelarhost.com/google_four_ps_marketing_mix_conclusion.htm Armstrong, Gary, and Philip Kotler. Advertising: An Introduction. sixth ed. New Jersey: Prentice Hall, 2003. Elgin, Ben. â€Å"Google:Beyond the Hype.† BusinessWeek 3 May 2004: 82-90. Louis E. Boone, and David L. Kurtz. Contemporary Marketing Plus. eighth ed. Florida: The Dryden Press, 1995. Exploration Papers on Digital Marketing Mix - Google EssayDeveloping Branding StrategiesInternational PaperGene One the Transition from Private to PublicDefinition of Export QuotasFalse AdvertisingDistance Learning Survival GuideA Marketing Analysis of the Fast-Food RestaurantDr. Edward Deming EssayAdvertising EssayCash or Card?

Essay --

What makes you a grown-up? Numerous individuals accept that age decided adulthood yet they are incorrect on the grounds that age is a number and everybody experiences childhood in various rates. You can’t consistently anticipate that everybody should get develop at a similar age, since everybody is unique. Numerous teenagers become grown-ups quicker for certain explanation and some of them were not give the alternative they simply needed to as well. Turning into a grown-up isn't a possibility for everybody except at some point or another you need to grow up in light of the fact that you can’t remain a child until the end of time. Being 18 years of age makes you legitimately a grown-up in US, however in all actuality we realize that 18 years of age are totally different from development also obligations and educational experience. Age don't decided the genuine matureness of an individual neither the condition to deal with circumstances. Adulthood did not depend on age; it’s dependent on enthusiastic development. The capacity to tune in to and assess the perspective on condition they wind up on and had the option to break down how to discover the answer for the difficult that makes them develop. Age is only a number; thusly you could be twenty-six, twenty-eight and still act youthful. Numerous teenagers feel that as soon they 18 their folks are going to keep on helping them however the genuine is that they previously did their part raising them up. One piece of growing up and turning into a grown-up is that guardians are not continually going to be there so you got the chance to experience childhood with your own. Eventually the person are going to confront hindrances all alone and that would make them more grounded which will enable them to develop. There are a few credits to make a grown-up a grown-up and number one is duties since that ones section that assist you with experiencing childhood throughout everyday life. Some portion of being a grown-up is critical to look after dad... ... not a terrible thing since you get the chance to settle on your own choices without somebody instructing you. I realize that been a child life is straightforward you go to class return home and do schoolwork and that all you stressed over yet you never get the chance to investigate and have more undertakings like grown-ups. A piece of being a grown-up is that you commit errors yet you generally gain from the missteps and that keep you from doing likewise botches once more. What I am attempting to state is a great idea to be a child yet you need to grow up to turn into a grown-up on the grounds that that’s how you choose what sort of way of life you need rather than your parent making it for you. I realize some were not allowed to appreciate adolescence yet what you got is more significance implying that you who didn’t appreciate you youth you had a head begin to turn into a grown-up and perhaps show improvement over other who didn’t went trough your circumsta nce

How to Make Your Kids Write a Kids Writing Paper

How to Make Your Kid's Write a Kids Writing PaperIn this age of unlimited technology, when you want to make your kids write something, do you need to make them write a kids writing paper? Yes, there are a number of parents who would want their kids to write, but that does not mean that writing for kids should be made easy and for free.Kids know that they should learn to use technology with the full knowledge and confidence. The Internet is the best place for kids to learn and to practice their writing skills. This way, they can achieve basic writing skills that can later be augmented with advanced skills.You will need to teach your kids how to use computers for writing and the Internet for downloading and creating documents. There are many educational games and activities available that can help your kids develop and exercise writing skills in a fun and stimulating way. There are plenty of software that will provide help in developing writing skills for your kids.Most children will f ind it hard to deal with writing because of their unique problems in remembering letters and words. So, before you can teach your kids to write, you need to train them in using their fingers or other tools to write. It can be easy if you have your kids' fingers handy while you talk to them, but that is not always possible.There are computer games that can help kids make their writings more legible and to build their vocabulary. This way, they can learn and develop writing skills at their own pace. One game that is really fun is the Writing on the Wall.What it involves is creating pictures on the wall or just about any flat surface, like a table. Your kids will then have to draw something, but try to have as much fun as possible with it. They can use their imagination to improve their skill in penmanship. Writing to improve their writing skills can be made fun through this game.Many other parents would not consider making writing easier for their kids because it is a basic skill that needs to be mastered. And if you take it easy with it, it will always be difficult. That is why making your kids write a kids writing paper should be approached with caution. Do not make it too easy and in such a way that it becomes boring and difficult.Children love to write and drawing on walls will give them that enjoyment. Sometimes, the kids might not be able to finish it, but if you give them some tips or if you let them practice with it, they will get the hang of it. Kids will learn to write through practice and exercise.

The American Dream Destroyed Willy Loman and the Great Gatsby

Everyone has a dream of their desired future, they dream of the one thing that makes them happy that they do not have now. In Fitzgerald’s The Great Gatsby and Miller’s Death of a Salesman, Willy Loman and Gatsby are characters dominated by an American dream that destroyed them. Their dream comes from a fantasy past. These dreams were made outside from who they truly are. Gatsby tried to repeat his past, while Willy attempted to create a new past. The lack of control over their goals and dreams lead to their downfall at the end. The two novels show the various points of the American dream; either to pursuit of happiness, or to pursuit of material wealth. In the Great Gatsby and Death of a Salesman, many had pursued the American dream of†¦show more content†¦Daisy knows about Tom’s affair with Myrtle and does not oppose of it, she is too scared to leave him because if she does she will not be known as anyone’s wife, let alone Tom Buchanan’s wife. Jay Gatsby is deeply in love with Daisy and he shows it in every way possible, and yet she still stays with Tom. Daisy lets Gatsby know that she too is in love with him but can’t bring herself to say goodbye to Tom, except for when Gatsby forces her too. Daisy and Tom are perfect examples of wealth and prosperity, and the American Dream. Yet their lives are empty, and without purpose. In Miller’s Death of a Salesman, Willy Loman is a man who means well throughout his life, but he is quite imprudent; he is not an evil and selfish person like Daisy Buchanan. Willy Loman is a common American man; he’s nothing out of the ordinary. He followed the American dream as if it was the bible of life; it was a guide for a way of life. The American dream was Willy’s religion and it took him as a sacrificial human body. Willy had a strong belief in the American dream due to his brother Ben. Why boys, when I was seventeen I walked into the jungle, and when I was twenty-one I walked out. And by God I was rich.(Miller Act1) This is when Willy took the American dream into account and made it the basis of his family’s belief system. Later, Willy begins to drill his personal belief system into his boys Biff and Happy Loman. Listen to this. This is your Uncle Ben, a great man! Tell myShow MoreRelatedPoem : The American Dream1037 Words   |  5 Pages What is the American Dream?-- The idea that every US citizen should have an equal opportunity to achieve success and prosperity through hard work, determination, and initiative. The American Dream is defined as someone starting low on the economic or social level, and working hard towards prosperity and or wealth and fame. It also represents that people, no matter who he or she is, can become successful in life by his or her own work. The desire to strive for what one wants can be accomplished

Trauma Focused Cognitive Behavior Therapy - 2464 Words

Trauma-Focused Cognitive Behavior Therapy As children go through life, they will come upon stressful situations and experiences. Many children will work through the challenges that life brings, build resilience and move forward, however, some children may experience more extreme traumatic events that can result in life difficulties due to serious trauma symptoms that are much harder to manage. Trauma-Focused-Cognitive Behavioral Therapy is an evidence based treatment model designed to help youth who have experienced a significantly traumatic life event. TF-CBT uses skills and strength based therapy to address symptoms of post-traumatic stress disorder (PTSD), depression and anxiety (Cohen et al, 2006). This research is an examination of trauma focused cognitive behavior therapy as a model of practice including the areas of history and development of the model, its relationship with other models of practice, considerations of appropriate populations, methods and components for tre atment, effectiveness of the intervention and relevance for social work practice. History and Development of the Model TF-CBT was originally developed in 1997 and was eventually published in book form in 2006, by Judith Cohen, Anthony Mannarino, and Esther Deblinger, a team of professionals studying interventions for child sexual abuse survivors. TF-CBT is a merger of earlier trauma-focused approaches that were originally directed toward treatment for child sexual abuse survivors (Cohen etShow MoreRelatedEvidence Based Research : Trauma Focused Cognitive Behavior Therapy1207 Words   |  5 PagesEvidence-based research suggests trauma focused cognitive behavior therapy (TB-CBT) is a particularly effective model to use with individuals who has experienced childhood trauma. TB-CBT is evidence-based; it is a treatment model that was designed to assist children, adolescents, and their families to overcome the damaging effects of traumatic experiences. Eye movement and desensitization and reprocessing (EMDR), is another evidence-based treatment that uses therapy to process distressing memoriesRead M oreTrauma- Focused Cognitive Behavioral Therapy: an Effective Treatment Modality for Children and Adolescents Who Have Experienced Traumatic Incidents1687 Words   |  7 PagesTrauma- Focused Cognitive Behavioral Therapy: An Effective treatment modality for children and Adolescents who have experienced traumatic incidents * What is TF-CBT and What is it Best Suited for: Trauma Focused Cognitive Behavioral Therapy (TF-CBT) was developed by psychologists J.A. Cohen and, Mannarino, Knudset and Sharon. TF-CBT has been developed for those who have experienced psychological trauma, often on a great scale of magnitude. It is important to define trauma; â€Å"There areRead MoreSymptoms And Symptoms Of Ptsd1383 Words   |  6 Pagesemotional numbing and a feeling of detachment from other people (Fry, 2016). Patients might partake in self-destructive behavior, startle easily, display hypervigilance, or be unable to concentrate (DSM-5, 2013). In older patients their changing cognitive function and general health decline leads to avoidance behavior and anxiety that is not directly associated with the trauma which could lead to total stress intolerance (Wallace and Cooper, 2015). Some patients may show a more gradual presentationRead MoreTrauma Focused Cognitive Behavioral Therapy1720 Words   |  7 Pagesadolescents worldwide experience events that are t raumatizing. If exposure to trauma is not treated, it could lead to various mental health problems. Researchers have reported a connection between traumatization and increases in mood and anxiety disorders, but the most frequently reported symptoms of psychological distress are post-traumatic stress symptoms (Cohen, Mannarino Iyengar, 2011). Trauma-Focused Cognitive Behavioral Therapy (TF-CBT) is basically a conjoint parent and child psychotherapy approachRead MoreTrauma Focused Cognitive Behavioral Therapy Paper724 Words   |  3 Pagesadolescents, older children and adults. Cognitive Behavioral therapy has expanded to include work with children and adolescents who have experienced trauma, has been shortened to include Brief Cognitive Behavioral Therapy and can be used in group therapy sessions. Trauma Focused Cognitive Behavioral Therapy (TF-CBT), a â€Å"short term, component based intervention† which â€Å"integrated cognitive, behavioral, interpersonal, and family therapy principles as well as trauma interventions† has been shown by researchRead MoreThe Most Damaging Types Of Trauma1730 Words   |  7 PagesIn the immediate, as well as long-term aftermath of exposure to trauma, children are at risk of developing significant emotional and behavior difficulties (CWIG, 2012). The most damaging types of trauma include early physical and sexual abuse, neglect, emotional/psychological abuse, exposure to domestic violence and other forms of child maltreatment (Hoch, 2009). Research has shown that children that are exposed to these types of trauma will experience developmental delays including language and verbalRead MoreTrauma Case Study : Trauma Case839 Words   |  4 PagesTrauma Case Study Summary Case Overview This trauma case primarily involves two American Indian clients: grandmother (caregiver) and 21 month old female (grandchild), DHS, and Indian Child Welfare. There are two twin boys (grandchildren), who were born as premature meth babies, however, no signs of trauma or developmental issues appear at this time. The 21 month old female child has been a victim of childhood trauma invoked by her biological parents and secondary trauma experiences of verbal andRead MoreThe Minds Of Combat Soldiers During The World War I ( Wwi )1026 Words   |  5 PagesSigmund Freud extensively studied the minds of combat soldiers during the World War I (WWI) era and was one of the first to describe symptoms associated with combat stress. Psychoanalysis had its beginnings in trauma theory and has been intimately associated with the concept of psychological trauma ever since. Psychoanalytic theory advanced military psychiatry’s understanding of post-deployment mental health problems beyond the broken brain conceptualization of â€Å"shell shock.† In turn, the successfulRead MoreDifferent Methods Of Cognitive Behavior Therapy1474 Words   |  6 PagesThis summary will provide the reader with different methods of Cognitive Behavior Therapy. CBT can be used for multiple populations and is known for changing the way one thinks. This summary will focus on the use of CBT with children who have experienced a traumatic event in their life, also known as post traumatic disorder (PTSD). The articles that have been reviewed provide different interventions for children who have experienced PTSD and determine how effective the methods were. According toRead MoreYoga, Meditation, And Meditation933 Words   |  4 PagesResearch has been conducted to show that yoga, mantram, mindfulness, and meditation, are interventions that are inexpensive and takes a short period of time to learn and implement to immediate results of relaxation. Symptoms of trauma victims like depression, anxiety, and pain are reduced when these interventions are practiced and implemented. Although a limitation of the study is that the individuals were mostly men in the military, the study illustrates that proper implementation can assist clients

Social Harm Is More Advantageous And Useful Over That Of...

What advantage does a concept of ‘social harm’ hold for the criminologist over that of ‘crime’? The purpose of this essay is to discuss whether a perspective of social harm is more advantageous and useful over that of crime. In order to explore these advantages, this essay will look at the aetiology of crime from a legal perspective; which is arguably very narrow and individualistic in nature. As well as from a perspective of social harm, which is possibly more progressive as it broadens an understanding of ‘crime’ over that of many other serious harms. Criminology and the criminal justice system have framed a â€Å"taken-for-granted, common-sense† understanding of ‘crime’ and the ‘criminal’ (Tierney, 2010). ‘Crime’ is commonly understood as a violation of the criminal law; originating from religion and the sin of God and then moving towards Classicalism. Classicalism rests on the assumption of free will and recognises rational choice of the individual. It influences much of our system of justice today; especially aspects of due process. It argues that criminality is therefore part of nature; and order is maintained through law and punishments. We can see this through Beccaria’s approach of certainty, celerity and severity (Beccaria, cited in Newburn, 2013, pp116). Positivism, associated with theorists such as Lombroso, offered more of a scientific approach in identifying the causes of crime and could recognise impaired ability such as mental illness. It argues that ‘crimeà ¢â‚¬â„¢ isShow MoreRelatedEssay on Staying Safe from Cyber-Crime1442 Words   |  6 Pageswhen it came to those interested in the secrets of another, usually it began in trash cans. Picture a person digging and crawling through garbage for something thrown away that can be useful for the criminal and compromising to the victim. Nonetheless the world evolved, and with it so did personal security crimes. The internet contains countless data of information on almost every person in America. In the same way, cyber-criminals are those who can utilize the web to gain from otherwise unsuspectingRead MoreThe Internet And Social Media1437 Words   |  6 Pages The internet and various social media have been changing the arena in which people communicate with each other. People use the internet to interact with various individuals all over the world. The internet has bridged the gap between communicating with individuals as they connect with family, friends and other individuals in society. As individuals embraces the evolution of technology, there are multiple ways individuals can communicate with each other. Social media has been the most popularRead MoreUtilitarianism And Deontological Ethics : Utilitarianism3422 Words   |  14 Pageshave been abusing their powers. Whether it is true is a matter of debate, but at least, that is the consensus across America and many other countries. Regarding the two ideals, utilitarianism and deontology, it has yet to prove the aforementioned social suspicions. Keywords: utilitarianism, deontology, usefulness, duty, honor, obligation, consequences, governments, FBI, CIA, NSA, law enforcement Ideologies of Human Behavior Human behavior has captivated the minds of researchers, scientists, strategistsRead MoreThe Ethical Treatment of Prisoners3418 Words   |  14 Pagesminds, the crime or offense of which a prisoner is accused warrants the denial of a certain subset of their rights, but there is not universal acceptance of which rights may be denied and to what extent, due to a disconnect between different modes of ethical thought. Believing in objective, universal ethical standards actually means that anything is justifiable; because these imagined objective standards do not actually exist, people are free to imagine them however they see fit. More utilitarianRead MoreNegative Impact of Technology in Today’s Life3438 Words   |  14 Pagesas â€Å"the sum of the ways in which social groups provide themselves with the material objects of their civilization.† (Technology, 2012). This shows that technology usage has become as part of our life. These technologies include computers, cell ph ones, emails, video conferencing and even the basic things like microwave oven and fridge. Technology has become important in every aspect of our life. It changed our way of life in both positive and negative ways. Over past decade, there are many new technologiesRead MoreHow Technology Has Changed Our Lives2029 Words   |  9 Pagescomputers and people in more than 190 countries worldwide, known by almost everyone in most of the western countries and increasingly everywhere else. It is beginning to become the medium of the future and is rapidly reaching the mass market. Over the past decade, as the educational, technological, leisure and corporal markets have continued to expand, the Internet has slowly become meaningfully embedded in the routines of daily life across the world. We now pay bills, manage our social lives, exchange mailRead MoreHow Identity Theft Affect the Culture of Our Society5785 Words   |  24 Pagesproblem can be minimized, and perhaps prevented, like the s ingle mother, it will be neither a quick or easy one to fix or prevent. Identity theft affects millions of Americans in various forms every day. It is one of the fastest growing crimes in the United States and is increasingly affecting consumers’ online transactions. Scam artists and hackers lay in wait for an unsuspecting person to get caught in up their scheme through ignorance or naivety so they can take full advantage and gainRead MoreEthics Is The Branch Of Study Dealing With Social Principles3917 Words   |  16 PagesAlougba Nicole Gnonse- Padonou A.N. Gnonse-P 1 Cliff Hill Moral Reasoning 12/12/2014 FINAL PAPER Ethics is the branch of study dealing with social principles. It’s a requirement of what is the proper line of action for human life. Although ethics is a central component of any happy, health, and mature life, many disagree about the value of living an ethical life. In order to solve crucial moral problems created by human existence, philosophers use ethical theories for their issues. A theoryRead MoreEffects of Curfew4896 Words   |  20 Pageshome earlier. Significance of the study This research study is implemented to increase the awareness of each student as well as the whole St. Simon Montessori School institution about the possible effects (positive and negative) of curfew to the social standing of some selected high school students. It is anticipated that the information to be acquired in this study can effectively be assimilated by the institutions particularly the students. Theoretical and Conceptual Framework According to theRead MoreHUMAN BEHAVIOR CRISIS MANAGEMENT10204 Words   |  41 PagesHUMAN BEHAVIOR CRISIS MANAGEMENT By: PROF. OSCAR GATCHALIAN SORIANO, LC BSCrim, MSBA, MSCrim, PhDCrim ============================================ Introduction The physiological adaptations that made humans more flexible than other primates allowed for the development of a wide range of abilities and an unparalleled versatility in behavior. The brain’s great size, complexity, and slow maturation, with neural connections being added through at least the first twelve years of life, meant that

Overview Of The Commercial Cloud Monitoring - MyAssignmenthelp.com

Question: Discuss about the Overview Of The Commercial Cloud Monitoring. Answer: Introduction The report is prepared after analysis of the three scenario and learning the principles of data communication and networks. Research is made on the different tools that can be applied in the organizational network for monitoring the data flow in the network and identification of the status of each of the computers connected in the network. The wireless access point installed in the network are also analyzed using the freeware tool for securing the network from illegal access. An analysis is made on the freeware tool that can be implemented in the network for evaluation of the performance by identification of the faults in the network and maintaining quality of service. The justification of the tool applied for each of the scenario is given with the screenshot of the tool interface that would help to understand the working of the tool used. Tools features that are important for the scenarios The features of the tools are described with the screenshots below: The above screenshot is given for QoS Round Trip monitoring and an overview tab is selected for getting the detail of the network and values can be fetched from the overview. The reliability of the network can be gathered by implementation of the tool and measuring the round trip results. The different sensors available can be listed and selected for performing an operation and automated alert or notification can be set for alerting the network administrator in emergency situations. The access of the core devices can restricted for some of the IP address using the PRTG freeware tool. It also acts as a firewall for the network and helps in securing the network from illegal activity. The health of the server where the PRTG is installed can be fetched by analyzing the network adapter and generating the usage of the resource report. The screenshot below shows the health and status of the server. The screenshot is given to analyze the protocols used by the nodes connected in the network for communicating with the neighbor nodes connected in the network. The device status can be fetched from group root option in the PRTG tool and the device can be categorized according to their similarity and the installed location in the network. The servers in the network are kept in different category than the nodes used for administrative purpose. This helps in easy management of the devices connected in the network. The screenshots provides details about the sensors that can be used for generating alarm and the status of the alarm can be get as open, warning or uninstall. Three types of colour are used for demonstration of the severity of the alarm such as red is used for unavailable devices, yellow is used for warning and orange is used for the unusual behavior found in the network. The PRTG network analysis tool can be used for generation of a report by using the sensors. The report consists of the details of the packets captured and the details such as protocols used for transmission of data in the network, bandwidth consumed and source, destination address. The network status is shown in percentage. The map of the network of the organization is demonstrated in the above screenshot and it is used for evaluation of the current network infrastructure and the type of device installed in the network for the development of the network. Justification of the tool choice PRTG Network monitor tool is selected for monitoring the activities of the network and it matches the requirement for all of the three scenario and ensures the availability of the nodes and the other components in the network and measures the traffic usage in the network. The cost of the network can be saves by optimizing the connection between the nodes and avoiding the outrages in the network. The criteria used for the application of the freeware tool is evaluation of the tools available and the features provided by the tool to monitor the status of the entire network and identify the data flow in the network. There are different network monitoring tools available and the features are compared with each other for the selection of the best network monitoring tool and application in the network for management of the activities of the users. The PRTG can be installed in the central server of a network for analyzing the health of the server, throughput and the network traffic. It can a lso be used for analyzing the current drawn for each of the circuit. It can be used for creation of a group and more device can be added in the group and the auto discovery function of the tool helps in creation of an alert for grabbing the attention of the network administrator. The PRTG can be installed in the central server and used for all the three scenario and monitor the activity in the network irrespective of the medium such as wired or wireless connection. For the wireless network its status should be maintained and the WiFi analyzer the freeware tool PRTG network monitor analyzes every aspects such as devices, availability, traffic, load and the signal strengths of the wireless network. SNMP sensors can be deployed in the network for monitoring the security instance of the network and it also uses packet sniffing and NetFlow for monitoring the wifi traffic. It supports Cisco as well as the Juniper routers and thus it is reliable for fast and easy wireless monitoring. It can be used as a central monitoring tool for the wireless access points installed at different location of a network and monitor the bandwidth and the devices connected in the network. The dashboard of the PRTG can be used for getting a quick overview and it comes with 200 predefined sensors that can save energy for monitoring the wireless network. If an abnormal activity is identified in the network the PRTG prompts an alert for the disruption and prevents the network from crashing. For the third scenario the PRTG is an ideal solution because it can be used for the evaluation of the performance and QoS evaluation of the network. The PRTG provides real time monitoring of the bandwidth usage uses QoS round trip sensor for analyzing the data packets passing over the network. The QoS round trip sensor works by sending many UDP packets in the network and measures the result by analyzing the packets lost, packets duplicated, packets out order, packets corrupted, delay and jitter. This helps in building a network minimizing the errors in the network and increasing the quality of service. Conclusion For the selection of the freeware devices different available tools are analyzed according to the scenario and applied in the network for meeting the criteria. The use of the PRTG network analyzer helps in ident6ifiaction of the fault of the network and the security protocols used for the configuration of the devices. The data flow between the devices can also be identified for monitoring the performance of the network and maintaining the network quality. The network protocol analyzer can also be used for securing the wireless access points installed in different location of the network by analyzing the unauthorized access and using secure security mechanism for restricting the unauthorized users to access the wireless devices. There are different sensors available that is useful for the identification of the jitter and the loss of data packets in the network. Bibliography Akkaya, K., Guvenc, I., Aygun, R., Pala, N. and Kadri, A., 2015, March. IoT-based occupancy monitoring techniques for energy-efficient smart buildings. InWireless Communications and Networking Conference Workshops (WCNCW), 2015 IEEE(pp. 58-63). IEEE. Alhamazani, K., Ranjan, R., Mitra, K., Rabhi, F., Jayaraman, P.P., Khan, S.U., Guabtni, A. and Bhatnagar, V., 2015. An overview of the commercial cloud monitoring tools: research dimensions, design issues, and state-of-the-art.Computing,97(4), pp.357-377. Campos Filho, A.S., Novaes, M.A. and Gomes, A.S., 2015. A 3D visualization framework to social network monitoring and analysis.Computers in Human Behavior,49, pp.623-634. Paessler.com. (2018).Congrats! This is Your Free License Key for PRTG Network Monitor. [online] Available at: https://www.paessler.com/download/prtg-download [Accessed 12 Jan. 2018]. Prendergast, L.J. and Gavin, K., 2014. A review of bridge scour monitoring techniques.Journal of Rock Mechanics and Geotechnical Engineering,6(2), pp.138-149. Thakur, P., Kumar, A., Pandit, S., Singh, G. and Satashia, S.N., 2016, December. Performance improvement of cognitive radio network using spectrum prediction and monitoring techniques for spectrum mobility. InParallel, Distributed and Grid Computing (PDGC), 2016 Fourth International Conference on(pp. 679-684). IEEE. Van Adrichem, N.L., Doerr, C. and Kuipers, F.A., 2014, May. Opennetmon: Network monitoring in openflow software-defined networks. InNetwork Operations and Management Symposium (NOMS), 2014 IEEE(pp. 1-8). IEEE. Ventre, P.L., Caponi, A., Siracusano, G., Palmisano, D., Salsano, S., Bonola, M. and Bianchi, G., 2017, June. D-STREAMON: from middlebox to distributed NFV framework for network monitoring. InLocal and Metropolitan Area Networks (LANMAN), 2017 IEEE International Symposium on(pp. 1-2). IEEE.

Australian Aboriginal Beliefs and Spiritualties Essay Essay Example

Australian Aboriginal Beliefs and Spiritualties Essay Essay Example Australian Aboriginal Beliefs and Spiritualties Essay Essay Australian Aboriginal Beliefs and Spiritualties Essay Essay The Nature of the Dreaming and its relation to the beginnings of the existence is to show how the Earth and land was formed by their ancient ascendants that rose from their ageless slumber and created life. The Sacred sites are considered to be the H2O holes. stone formations and caves. the utilizations for these sacred sites are burial evidences. ceremonial meeting topographic points and important topographic points such as delivering caves. The Dreaming besides has narratives that help to portray its significance for illustration the Kangaroo adult male or the rainbow snake. Aboriginal Art was considered to be one of the most important things in an indispensable portion of Aboriginal life. the Art was to state great narratives and demo important thoughts and as a manner of learning. Question 2: The importance and significance of the Dreaming to Aboriginal people Is Not merely to move as a signifier of Guidance but it is a manner of life for Natives It fundamentally is their codification of life. It is indispensable to the life of traditional Aboriginal people and their life style and civilization. for it determines their values and beliefs and their relationships with every life animal and every characteristic of the landscape. It is the manner Aboriginal people explain the beginning of life and how everything in their universe came into being. What links the Peoples and the Dreaming together is the natural universe particularly the land to which a individual belongs. Aboriginal people see themselves as related to. and apart of. this natural universe and cognize its characteristics in intricate item. This relationship to the natural universe carries duties for its endurance and continuity so that each individual has particular duties to protect and continue the spirit of the land and the life signifiers that are a portion of it. Apart from this there are over 900 different Aboriginal Tribes in Australia so each of them has their ain belief but that doesn’t mean they exclude others. they all run along the same Belief one creative activity. Question 3: Kanyini is connexions Between the Aboriginal People. lovingness and duties of one and each other. The Australian Documentary ‘Kanyni’ which goes deep into item of how Aboriginal’s lived and connected with the existence. it showed how diverse and how serious the relationship to the land and to their ascendants was and still is. Bob Randall is the chief histrion in the film and portion of the Stolen Generation. The connexion that Natives have with the Earth is inextricable intending that their intent on this land is to travel with the flow of the environment and merely by making this it fulfills the originative fate. We have a wholly different position towards the land and universe compared to the Natives because they see everything as portion of them and that they are all united with everything. In Kanyini Bob negotiations about when the Europeans came into Australia and turned everything upside down making nil but pandemonium. The Aboriginal life style and civilization was destroyed. their Traditions and imposts were abolished. This wholly demoralized the Aborigines because you weren’t merely taking their rights off but their intent and psyche. we broke the connexion. The Dreaming is a portion of all facets of Aboriginal life. The look ‘Dream time’ is most frequently used to mention to the ‘time before time’ . or ‘the clip of the creative activity of all things’ . while ‘Dreaming’ is frequently used to mention to an individual’s or group’s set of beliefs or spiritualty. Aboriginal spiritualty takes form in many signifiers. The Aborigines are one with the land and the land is one with them. It is the land on which we live. the H2O we consume. the Sun. Moon and stars. the life around us and the air we breathe. they are all linked by The Dreaming as The Dreaming is the ground for their being. â€Å"It’s an accelerated procedure ; we’re worried that they will travel excessively fast and they won’t look difficult plenty ( for possible environmental impacts ) . †- Rob Randall Bibliography Coleman. N. 2006. Surveies of Religion. Australia: Science Press. No 2: p16-28 Wikipedia. 2010. Dreamtime. hypertext transfer protocol: //en. wikipedia. org/wiki/Dreamtime ( day of the month accessed 10th April. 2010 ) Curriculumsupport. 2010. The Dreaming. hypertext transfer protocol: //www. curriculumsupport. instruction. Naval Special Warfare. gov. au/shared/thedreaming. htm ( day of the month accessed 12th April. 2010 ) .

The Complete Guide to the Princeton Supplement

The Complete Guide to the Princeton Supplement SAT / ACT Prep Online Guides and Tips Got your heart set on Princeton- the #1 ranked university in the US? Then you’ll need to learn how to write amazing Princeton essays for your Princeton Supplement, a key part of your application for admission. In this detailed guide, we go over the different types of essays you’ll be required to write for your Princeton application and provide you with some expert tips on how to write your most effective and unique essay possible.

MidTerm Essay Example | Topics and Well Written Essays - 750 words

MidTerm - Essay Example The state department uses the security strategy to obtain the resources required to enhance security nationally and internationally. The pentagon is also effective in formulating national security policy. More recently, the Pentagon has concentrated on the climate change aspect of national security, in additional to the enhanced risks associated with terrorism, food scarcity, international poverty and infectious diseases (Roger & Harvey 133). The policy also forecasts the increasing need for military disaster responses during the cases of extreme weather that enhances the level of international humanitarian crises. The personal strategy illustrates the strategy adapted by the military to address security challenges like; rising sea levels, increased violent storms, and enhanced droughts. The defense department initiates strategies for mitigating climate change risks in all operational areas; for example, military planning processes. The White House spearheads the National Security Council (NSC) in foreign and also security policy areas. The NSC comprises the President and other key cabinet members and security officials. The main responsibility of the NSC is to give advice to the president in the areas of foreign policies and also national security policies. The president also coordinates the policies in various agencies through the NSC. The NSC was initiated through the National Security Act (1947). In the reorganization plan of 1949, the NSC was initiated under the Executive Office. The Central Intelligence Agency (CIA) was initiated through the National Security Act (1947). The Director of the Central Intelligence is the leader of the intelligence community. He/she is responsible for advising the president on national security intelligence. CIA addresses security policy issue through several concepts. The agency develops several multidisciplinary centers that tackle high priority areas like

At the instructions box Essay Example | Topics and Well Written Essays - 500 words

At the instructions box - Essay Example ERM’s role within organizations is the provision of a reliable framework under which the methods and the processes essential in the management of risks are outlined. Expounding the same, it is a reliable tool expressing clearly the organizational objectives putting into consideration a balance between the potential risks and their rewards (Barton et al., 2002). In its capacity, the primary importance of ERM in business premises is the provision of an assurance that eventually enables organizations to effectively control the risks and maximize opportunities. As a case example risk management at PricewaterhouseCoopers (PwC) reveals that if done and managed effectively, ERM impacts significantly in value addition, sound response to change as well as maintaining a steady improvement and enhancing adequate response to changes (Simkins & Ramirez, 2008). Although it cannot be quantified numerically, the assumption of ERM inclusion in any organization is expected to have a negative impact since a robust framework that decisions can be based upon is not provided. In turn, risk management becomes a challenge, as there is no reliable tool to balance and mitigate the process. Internal audit relevance in enterprise-wide management is embedded on three categories of roles, which are distinct, and the executive should remain aware of. The first category concerning ERM embarks on assurance, followed by risk management evaluation while the third category involves the management review of the key risks (Institute, 2004). As an indispensable part under ERM, internal auditing serves as a consultant and in turn; the physical duty to manage risks is left as a management’s responsibility. The relevance of the distinctions is providing a controlled process under which the management will be helped to set up and improve the crucial processes. It serves more of an advisory as opposed to actual risk

Management Essay Example for Free

Management Essay The management functions of planning, organizing, leading, and controlling Management is the attainment of organizational goals in an effective and efficient manner through planning, organizing, leading and controlling organizational resources. The success of an organization is determined by four essential functions of management: controlling, leading, organizing, and planning. Controlling involves directing and monitoring the progress of employees. Controlling employees and the work environment helps employees to stay focused on goals set by the management. Management must provide superior leadership skills by making their presence known in the work environment. Employees have a basic need of having contact on a daily basis with management. By leading managers motivate their employees and increase efficiency. Management makes an organization successful by organizing all aspects of business which would include business functions; creating organizational charts, setting goals, creating an action plan, and figuring out the logistics to make sure goals are achieved. Management must use the function of control to stabilize employee performance and the work environment. Control is always viewed as a negative term because employees think of being restricted. However, controls are placed for the benefit of everyone, without a controlled organization there would be chaos. Within my organization, management maintains control by setting clear guidelines each employee must obey. Managers expect people in an organization to change their behavior in response to control (Erven, 1994). Since my colleagues and I work as independent contractors everyone has the power to choose their own schedule. Management controls the environment by making everyone adhere to the set schedule by 75% or better. When contractors meet their commitment, they are rewarded with a pay incentive. Prior to this policy being enforced, performance was lower, since this control has been in place performance has increased dramatically. Leading Management is expected exercise the function of leading in order for the organization to meet their goals. Leading is an essential function of management because it helps management direct employees to focus on the big picture. Typically management will focus on increasing productivity to improve cost efficiency. In order to improve productivity, employees need direction and motivation from management. At my organization, employees are paid based on commission. Management provides employees with information about busier working hours so that employees have the opportunity to maximize their efforts on those hours. At the end of the day, management wants the needs of the customers to be met as well as employees to be satisfied with their compensation. Organizing Organizing is a critical component of good management, because everything within the organization is depending on the organizational skills of the management. Management is primarily responsible for organizing resources in order for goals to be met (Bateman Snell, 2007). Within the organization, management must create an organizational chart which would describe the business function and responsibility of each person on that chart. Management would assume responsibility for all logistics to be in place to assist their employees of meeting their goals. In my organization, a critical component of organizing involves having all of the necessary technology functioning properly since business is conducted by phone and internet. On a daily basis the management has to make sure the phone routing system is functioning properly as well as their websites. Occasionally technical problems occur, and they must be handled immediately or else business will suffer if the necessary technology is not available. Planning Planning is essential component to the other three functions of management running smoothly. Planning involves the management team identifying goals and objectives within the organization. Once goals are mapped out, management must work together to analyze the current state of the organization and make a plan of action to implement immediate changes. In order to plan successfully, management must anticipate circumstances they could be affected by. Based on goals, objectives, and their forecast into the future they can begin to create business strategies. The management in my organization focuses on increasing the volume of customers. When the volume of customers drops, promotions occur more often to lure customers in. In order to prepare for unthinkable situations such as a drop in business management must work within other departments to develop contingency plans when business is not going as planned. The roles and responsibilities managers have within an organization. There are managers in every profession – it is not a standalone field. For those of us who become managers, we reach a stage in our career progression where we apply for roles which have management responsibilities. We then need to build our managerial experience and gain the knowledge and skills to enable us to carry out the role effectively. As a manager, there are many responsibilities must follow. Managers take on an essential responsibility for communication. Particularly with the pace of change, it ismore important than ever to keep employees informed of what’s going on. In performing the informational role, managers are essentially two-way information conduits. Managers must keep employees informed of all things that affect their work and provide information to their organisation (and, often, outside their organisation) about what the team is doing. To undertake PDRs with staff. Through the PDR process, to engage in the setting of objectives in order to assist in the monitoring of performance and the development of the individual. To assess the training and development needs of staff to ensure that they are adequately supported in relation to their work responsibilities. Managers are also required to ensure that staff have completed the relevant mandatory training for their role. To ensure appropriate management systems and procedures are in place to meet your health and safety duties. You will find your responsibilities contained in the University’s Health and Safety policy. You are required to ensure appropriate risk assessments are carried out in respect of significant hazards and safety inspections. To apply the University’s Equal Opportunities Policy. Line managers are responsible for maintaining a working environment that is free of discrimination, harassment, victimisation and bullying. In applying the Universities Equal Opportunities Policy and associated training, line managers have an important role in ensuring that no person associated with MMU receives less favorable treatment on the grounds of: gender, race or ethnic origin, nationality, disability, sexual orientation, social background or for any other identifiable discriminatory cause. There will be other responsibilities for you dependent on your managerial level within the University. You should speak to your own manager if you need to clarify any of these.

Affirmative Action Essay -- Race Racism

As a Christian, I believe in trying my hardest to empathize with those in suffering and oppression to the best of my all to human ability. If I am honest with myself and God, more often than not I fail. My experiences in History 313: Black American History, have left an indelible impact on me. One of the ongoing themes in our readings, lectures, videos and discussions has concerned Christianity and the Black American experience. Thus, I thought it fitting to write this paper looking at affirmative action through a Christian perspective. Looking at affirmative action’s original intent and ultimate goals from a Christian perspective is extremely fruitful because it allows honest discussion to take place without fear of partisan bias or special privilege for one race over another, which in turn makes it easier to talk about practical solutions. Before I say anything else, I would like to say three very important things. First, I am not African-American. Second, I believe all people are people. And third, I in no way, shape or form represent all Christian views on this topic. Speaking for all Christianity is beyond my ability no matter what the topic. My experiences are just like anyone else’s in that they are unique, but limited. Thus, I can only speak of being Christian personally in America. And even then, I cannot speak for all of American Christianity because I only know what it feels like to be an American Christian with German, Norwegian and Swedish blood running through my veins. However, if I employ empathy and compassion I can have at least some idea of the suffering that exists when it occurs to someone besides myself, especially since my own spiritual journey has been anything but smooth. And though ... ...re much to big to be fixed by a short essay. As mentioned before I am not African-American. Thus, I do not consider my thoughts authoritative on this subject. Still, I believe that people, regardless of the color of our skin, our willing to do as Jesus did and forgive one another for past transgressions and replace hostility with love for the sake of a brighter future. James Baldwin urged his readers to, â€Å"Cease fleeing from reality and begin to change it.† In that spirit I close with a quote from a speech given by Robert F. Kennedy on the night that Martin Luther King Jr. was tragically and unnecessarily shot and killed. Let us dedicate ourselves to what the Greeks wrote so many years ago: to tame the savageness of man and make gentle the life of this world. Let us dedicate ourselves to that, and say a prayer for our country and for our people. Affirmative Action Essay -- Race Racism As a Christian, I believe in trying my hardest to empathize with those in suffering and oppression to the best of my all to human ability. If I am honest with myself and God, more often than not I fail. My experiences in History 313: Black American History, have left an indelible impact on me. One of the ongoing themes in our readings, lectures, videos and discussions has concerned Christianity and the Black American experience. Thus, I thought it fitting to write this paper looking at affirmative action through a Christian perspective. Looking at affirmative action’s original intent and ultimate goals from a Christian perspective is extremely fruitful because it allows honest discussion to take place without fear of partisan bias or special privilege for one race over another, which in turn makes it easier to talk about practical solutions. Before I say anything else, I would like to say three very important things. First, I am not African-American. Second, I believe all people are people. And third, I in no way, shape or form represent all Christian views on this topic. Speaking for all Christianity is beyond my ability no matter what the topic. My experiences are just like anyone else’s in that they are unique, but limited. Thus, I can only speak of being Christian personally in America. And even then, I cannot speak for all of American Christianity because I only know what it feels like to be an American Christian with German, Norwegian and Swedish blood running through my veins. However, if I employ empathy and compassion I can have at least some idea of the suffering that exists when it occurs to someone besides myself, especially since my own spiritual journey has been anything but smooth. And though ... ...re much to big to be fixed by a short essay. As mentioned before I am not African-American. Thus, I do not consider my thoughts authoritative on this subject. Still, I believe that people, regardless of the color of our skin, our willing to do as Jesus did and forgive one another for past transgressions and replace hostility with love for the sake of a brighter future. James Baldwin urged his readers to, â€Å"Cease fleeing from reality and begin to change it.† In that spirit I close with a quote from a speech given by Robert F. Kennedy on the night that Martin Luther King Jr. was tragically and unnecessarily shot and killed. Let us dedicate ourselves to what the Greeks wrote so many years ago: to tame the savageness of man and make gentle the life of this world. Let us dedicate ourselves to that, and say a prayer for our country and for our people.

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