TJ Lawrence Essays - Jackie Robinson, Cactus League,

TJ Lawrence 7J 4-25-00 Novel Assignment Rookie Of The Year Part 1. 273 more words Who is the rookie this year? Do you think that the Brooklyn Dodgers have had a rough season? With all of the sicknesses and all of the losses. And with the fact that the Cardinals are always in first. They want to win the pennant so bad. The manager Spike wants to win it fairly. They are doing pretty good though. Thrid place isn't a bad one. The Brooklyn Dodgers have been playing hard to get where they are. There were alot of hardships that they all had to over look. They also made an awsome come back to make it to the playoffs, then they beat out the Pitsburg Pirates so the can play the St. Louis Cardnials in the finals. If you wanna find out how they did your just going to have to read on. He doesn't want his players to be drinking anything during the season. If he catches them there in for it deep. The coach will fine the players the first time their caught with fifty dollars. The second time they get suspended and a hundred dollar fine. The third time..well there isn't a third time. When the coach made this statement at the end of a game in the locker room, the most mouthy person on the team even knew that he meant it because Raz didn't say a thing. The coach has also almost caught many people on the team but they get extremely lucky and get away with it. The players think that alcohol is the answer to all the stress after the game. Yet the coach knows that it will only get the players sick and he is only doing this so that the players stay safe for the games. Bones was fined once for alcohol and it wasn't to much his fault. It was because of his roomie who took him out and got him drunk because he thought he was to stressed out. Spike made an example out of Bones an d they moved Bones with another room mate. Bones Hathaway was now stuck with an old veteran pitcher and he didn't like it. Mr. MacManus who owned the team was going to suspend Bones Hathaway because Spike was being a hot head. He kept screwing thing up and Mr. MacManus was going to take it out on his team. Luckely Spikes brother Bob was there and cooled Mr. macmanus' temper. The Dodgers have been playing tons of games just so they can win the pentane. All they want is the pentant. They even play games from like ten o'clock at night and can go on till two a.m. The Cardinals are in first, Pirates in second, and the Dodgers in third. They have beaten the Cardinals before but not enough times to move ranks around. They want to face the Cardinals in the World Series for the pentane because they are pretty sure that they can beat them. The Dodgers were actually on a winning streak at one point then their best rookie pitcher became sick. He was one of the reasons they had a winning streak but on the first day they won he had bacon, eggs, and toast. The next game he ate the same breakfast and they won again. So he was being superstitious and ate that breakfast for eleven days straight. The coach gave a long speach about them eating right and he was very upset that his best rookie pitcher was sick. Spike had a talk with Bones Hathaway after he got better and aske d him some question. He wanted to make sure that Bones wasn't getting sick because the other team paid him and that Bones was a good hitter but didn't show it because the other team paid him. The last game. Only one game was left for those courageous Brooklyn Dodgers. They made it. They made it all they to the pentane game. It was just them and the St. Louis Cardinals. Before the game their manager Spike game them a little speech. It wasn't much, but it was enough. Spike told the team about what would happen if the won. He told them how great

In what ways did WWI essays

In what ways did WWI essays What happened in Britain, Germany and Belgium when war broke? How were the civilian population affected? What happened with men? What happened with women? What effect did the war had on these countries? One of the main things that influenced people when the war started was propaganda. In Germany the press was not free and people couldnt question that they were fighting a defensive war. They also had Hate Campaign, which was against Britain, and its main function was to divert attention when Germans were questioning their war aims. In Britain newspapers were censored from 1915 on, there were very strict rules about this, for example no photographs that showed a dead British soldier could be published, and major battle casualty lists were sometimes not made public for weeks. Letters from soldiers were censored too; this was probably to give people a cheerful idea of how life was at the front. The British government printed pamphlets, posters, newspaper reports and advertisement that gave the impression that a soldiers life was heroic, adventurous and romantic, and to persuade people to eat less, buy less, join up, do voluntary work, etc. Most of this propaganda was to persuade men, parents, wives and girlfriends that war was worthwhile and that it was a great adventure rather than a dreadful reality. In Britain there was also anti-German propaganda, which included a few things that were true, but most of them werent. Basically it said that Germany was evil and that Britain would beat Germany. What made pr opaganda so effective was that it didnt show what was really happening in the fighting fronts, so neither the new soldiers nor their families knew the horrors of war that were awaiting them, and people didnt know how accurate the newspaper reports and pamphlets were. Food shortages affected these countries during the war, in Belgium they happened because even if the Belgians tried to buy f...

Environmental Issues and the Industrial Revolution Coursework

Environmental Issues and the Industrial Revolution - Coursework Example In the course of production, gases such as sulfur dioxide, nitrogen oxides, carbon monoxide and dioxide and chlorofluorocarbons among others that are produced as waste material by industries are released into the atmosphere. The result is massive air pollution. The most far reaching effect of these emissions is changes in climate. The average temperatures in the world increase every year, there are more floods, and the desserts are expanding among other deviations from climate as it were in the past. Air pollution also has negative impacts on plant and animal species as well as humans. For instance, acid rain increases the acidity of the soil which damages plants while inhalation of these gases causes health complications to humans. Industries also release chemical effluents in liquid form which when released into rivers and other water bodies and this has resulted into the decrease of fish and extinction of some species. The first locomotives used steam engines. In the present age, majority of automobiles use gas. Increased use of automobiles degrades the environment because it necessitates mining of oil. Combustion of gas to propel vehicles results in emission of gases which causes air pollution. The major pollutant from cars is carbon dioxide which is a green house gas that depletes the ozone layer and also contributes to global warming. Emissions such as nitrogen and sulfur oxides are part of the reason why the number of cancer cases is on the rise. Air pollution from locomotives also causes acid rain which is detrimental to plants. Industrial revolution has necessitated continued mining of oil and gas which is used to power motor vehicles, factory machines and in cooking. Mining and transportation of oil poses a danger to the environment through the possibility of oils spills on water bodies and also on land. Oil spills result in both short and long term

Look at the pictures Essay Example | Topics and Well Written Essays - 1000 words

Look at the pictures - Essay Example Compared to the past, there are now simpler modes of communication, there are phones and computers which can utilize the vast internet system and enable people interact and communicate through messages, emails and even by web cameras where they can see each other. Technology has revolutionized the world not only positively but negative aspects that under values writing. Concern regarding writing skills has been raised every now and then; this has been mostly noted on the 21st century generation, the writing skills of most students and the general public has gone down compared to the skills of people that existed in the 18th and 19th century. This undermining of the writing skills can be attributed to the communication advancement whose roots have dug and spread deep in the modes of writing. Social media impacts on writing skills Social media is advancement during these times where different people across all continents has the need to interact and share activities in their lives, soc ial media such as Facebook and Twitter are some of the most popular social media in the world (Young, 146). These sites are known for interactions of friends who mostly use informal language and shortened words to pass their messages across. Statistics shows that social media is addictive to the youth of the current generation who have been known to spend most of their time in social media ‘chatting’. This chatting habit reciprocates to transfer of using of the chatting language to school settings which is inappropriate to the setting of formal language and writing. The negative side of social media is on how it affects the writing skills of the users, since this communication mode is cheap and available to everyone this affects growing children who engages in it at a very young age. This then becomes the way of life for these young people who don’t realize there are other ways like reading books by which people can spend their time. By reading books written by f amous people in the likes of William Shakespeare the young minds could have attained very special writing styles in form of stylistic devices and vocabulary. By use of social media, the means of communication is texting, this is by typing the words by pressing on buttons of the mobile phones and computer keyboards, this impacts negatively to the social media users as it does not allow them time to be able to improve on hand writing skills . The witting by way of pens is an activity that was very popular especially in the beginning of 18th century; this even led to the innovation and development of creative writing as the calligraphy a talent that had to be improved by constant practice by pen and paper. How education is affected by technology Positive As much as there are a lot of negative impacts of technology on writing, technology has some positive impacts on student writing. These impacts are positive in the fact that they enhance the educational value of all students who uses t he new technology (Ferris, 23). Through being able to go back and revise through the work, this is facilitated by software designed to check grammatical errors. Students find this easier compared to writing on paper which they have to go through word by word and in most cases ends up missing some mistakes (Ferris, 34). For many high and middle school students there has been a rise of the number of students who text update blogs and are constantly using the social

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Raising the school awarenessof the dangers of social networking to the teenagers - Research Proposal Example Not only that, rampant cases of cyber bullying and other related issues that strike within the emotional and psychological well-being of users. In this paper, I will go into detail of the threats that adolescent users are faced. And it is in the light of purging this threats that I am writing your kind office. I believe that the school is the most basic instrumental and effective institution to counter these imminent dangers to the youth. Of course the education of the teenagers is of prime concern but, moreover, your good office can be the front bearer of furthering this cause by stimulating participation and activism of the parents and of the whole local society to make cyber world a safer place for the future of the youth. Thank you very much for considering and looking over my proposal. I hope this will be a sufficient spark to enable us to act on this matter zealously. Yours Truly, XXXXXXXXX RAISING THE SCHOOLS’ AWARENESS OF THE DANGERS AND THREATS OF SOCIAL NETWORKING TO THE TEENAGERS Prepared For: Prepared By: TABLE OF CONTENTS EXECUTIVE SUMMARY†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.1 INTRODUCTION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦2 THE SOCIAL NETWORKING PHENOMENON†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.3 What is Social Networking?..............................................................................................3 Origin and Evolution of Social Networking†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦4 Why is Social Networking so Appealing? †¦Ã¢â ‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..4 Encouraging Participation†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦6 DANGERS AND RISKS FOR ADOLESCENTS†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..6 Cyber Bullying†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Invasion of Privacy and Security†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Too much Information and Identity Theft†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...8 Promoting Anti-Social behavior in the Real World†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.....9 Online Predators†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.10 WHAT THE SCHOOL CAN DO†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦....†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..10 Inculcate SNS Awareness in Curriculum†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..10 Get Involved with the Teenagers in SNS†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦

Waterfall Model Vs Prototyping Model

Waterfall Model Vs Prototyping Model Software products developed in todays era are mostly customer oriented. It is either drives the market or it driver by market. Customer Satisfaction was the main aim in the 1980s. Customer Delight is todays logo. Market needs more customers oriented and less emphasizes on the technology. Though the technology factor is always the prime factor behind the deliverables, the product should always satisfy the customer needs. The product development should start focusing on the customer requirements in case of both the retail based products and products developed based on pre-defined specifications. The software products like other engineering products have various types of development or manufacturing strategies to obtain the final output. The most famous software development strategies are as follows: Waterfall Model Evolutionary Model or Prototyping Model Incremental Model Spiral Model The most used models are Waterfall models used for generally small scale projects and single release based software products, whereas the Prototyping Model is used for developing large scale products generally developed in multiple parts rather than single release also called version of release. The software developments strategy I prefer is Prototyping Model. The reason for selecting the Prototyping Model encourages progressive strategic development with course of time. With prototyping model, I am also using non-agile approach and USDP methodology as active part of the development process. The usage of the prototyping non-agile approach and USDP methodology is justified below to be the best choice for my Project. WATERFALL MODEL vs. PROTOTYPING MODEL Waterfall Model is a flow based model which consist of following phases:- 1. System/Information Engineering and Modeling 2. Software Requirements Analysis 3. Systems Analysis and Design 4. Code Generation 5. Testing 6. Maintenance A Waterfall method of software development has to pass through every phase once, and not meant to go back to previous phase again. Once the requirements request made freeze, changes cant be done during any phase. That is why, it is used rarely now a days. Due to this If there is any change in requirements, and then it becomes difficult as well as costly affair. Apart from this each phase takes a lot of time to produce solution for its consecutive next phase as it is irreversible process the solution should be well optimized and satisfactory. If one phase result goes wrong means subsequent phases get effected. Prototyping Model is a technique that uses the technique of replication of few aspects or feature of expected product and it is then developed upon it to obtain the full software. It can be called designing of software prototypes or temporary versions of software program being developed for full edition deliverables. The main theme behind the prototyping is to allow users to evaluate developers proposal for the design of expected product based on real time analysis by user rather than interpreting by the developers themselves. So it is also referred as an efficient way of controlling the prototype that act as a key factor in the commercial relationship between clients and respective solution provider. The client and the contractor can compare if the software made matches the software specification, according to which the software program is built. In Prototype strategy of development as we create a number of Prototypes of the product, before the release of final one. We release number of Prototypes with some differences between them just as versions, and take client opinion, and modify the final Product, as per client suggestions. Prototype is developed by keeping currently known requirements in the mind. Development of prototype undergoes design, coding, testing like phases which give client an actual feel of the system. Prototype is a model which looks exactly like Software development life cycle (SDLC). AGILE MODELvs NON-AGILE MODEL Agile software development is mainly based on iterative development in which solutions are generated from the collaboration between the phases and functional teams of development. The agile software development approach has taken the software developing industry by storm. Agile software development has been en vogue in this decade. It started with the popularity of Extreme Programming (XP) and Kent Becks series of books on the topic. Somewhere it creates a misleading impression that agile is not formal and hence maintenance cost is reduced or controlled by spending more on up-front design. Of course, traditional (non-agile) methods shine in other areas. Agile methods are counter indicated, for example, where there are no system experts, so that only exhaustive study can possibly reveal whats truly needed. Most agile methods are, of course, informal, and so will not work unaltered in a problem area where formality is one of the requirements; but enough agile methods have been formally documented that for any formal project where exhaustive study is NOT a requirement, there should be precedent for using a (formal) agile method. Non-Agile software development provides a traditional simple way to develop software. It reduces the whole cost as well as time consumed in the development. It is less affected from the type of resources. Management information system (MIS) A management information system (MIS) is a process that provides the information which are essential to run an organization professionally. MIS are totally different from regular information systems in that they are used to analyze other information systems applied in operational activities in the organization. Academically, the term is commonly used to refer to the group of information management methods tied to the automation or support of human decision making. MIS are computer-based system that provides managers with the tools for organizing, evaluating and efficiently running their departments. In order to provide past, present and prediction information, an MIS can include software that helps in decision making, data resources such as databases, the hardware resources of a system, decision support systems, people management and project management applications, and any computerized processes that enable the department to run efficiently. MIS are designed for ease of any type of business or organization. Now almost every kind of organization has its own MIS. It is a suite of software applications that together make it possible for people or businesses to store, modify, and extract information from a database. There are many MIS places in your everyday life like in banks, hospitals, hotels; colleges and universities have their own management system. MIS are helpful for organizations and institutes. Universities have their own managements systems. There are many departments in a university like examination, admission, registration, administration, hostel, finance. All these are required a proper and complete management, so for this reason MIS are designed to manage these departments. Every department has its own MIS which is specifically designed to handle its operation like data retrieval, storage and modification. Whenever the internet came every organization and institute is try to provide the better facilities through making their MIS online to satisfy their client. Todays every company and organization is moving on internet and building database in such a way that provided the better facilities and interaction to their clients as compare to past. Library information system (LIS) LIS are designed to record and maintain the information related books and activities of library. LIS plays unavoidable role in a university library because it provides the information about all types of books in a better organized manner. LIS keeps the track of all the books in a university. It contains records of each and every book and the members who borrowed the book. In other aspects LIS also serves as an accounts manager for library. It tracks and calculates possible fines, takes care for member securities and when required provide monetary calculation related to library to the university accounts office which manages university financial resources. The LIS is always ready to share data with the university central accounting system [1]. Traditionally manual file based systems serve as LIS in universities. Registers and note books are used to maintain records for available and borrowed books. A university having multiple departments normally has requirement to maintain a separate register for each department and sometimes for each session a department may demand to have a separate register. This builds a large register set which is very difficult to maintain and is highly error prone. In such scenarios to issue book needs much effort whereas at the same time to calculate and report monetary issues, and perform other managerial tasks may sometimes take days or even weeks. The library user pool is mainly the students and the university staff. Library cards are issued to each of them. When Students or staff members borrow books from library, the librarian needs to search for the relevant register and enter the information of borrower and the borrowed book on relevant page. At the same time he needs to assure that the member should be clear from library issues, the book can be borrowed and it is also his responsibility to provide the member with his time to possess the book. Sometimes members are not known to timings or forget to return the book in time even when they want to return it. In manual management of LIS it is not possible to regulate to process of warnings for library members when their returning dates are near to come. On the very other side where student are staff also feel very difficult to integrate with such system because the most irritating part of this system for them is the time took on any process, either to borrow book or to search book or most irritating when they need their clearance from the library and it take a day to just get a single signature. The only solution to these drawbacks of manual LIS lies in automation of the library information system by computerizing it and integrating with other management systems of a university. By automation of LIS it means to develop a fully computerized system that serves to enable the complete library operations through computers. Automations have some traditional advantages over manual systems like no paper work required and easy to backup, higher consistency of data and it is possible to schedule those tasks which are somewhat impossible in manual systems. Similarly, in context of LIS automation results in ease of library administration, control and tracking processes. The convenience of both librarians and members who use library is increased due to higher decrease of time. It becomes a matter of minutes to perform managerial tasks and estimating monetary matters and many other issues which are never resolved in manual systems. It all becomes wonderful when automation also occurs in making the system online, because through this the system becomes available for 24 hours 7 days a week. It means the student has no need to go through so many book racks to find a book and does not need to go to library to reserve a book. He just needs to go there and get his reserved book. He must not be worried to remember the returning date because he knows that he will be sent an alert indicating the return date of the book he has borrowed. So all this becomes more and more convenient with the increased automation in the process of LIS. LIS Automation for university means to develop a fully computerized system that enables the complete library functions through computers. The system provides the basic set of features to add/update/delete member, add/update/ delete books, search for books, and manage check-in / checkout processes. Automated LIS is designed to meet the needs of libraries both large and small, not only to meet the traditional requirements of a resource centre, but also able to keep track on borrowed books in university. This system is very helpful for university staff, student members and librarians because this system is also interact with the bar code reader and magnetic card reader. When the student and staff members are registered in university they are issued library cards from library. Through this card they can borrow books from the library. When they enter in library their cards are identified through the magnetic card reader and barcode reader is helpful for them in searching the books. The automation of LIS lessens human efforts in university. The maintenance of the records is made efficient, as all the records are stored in the database, through which data can be update, delete and retrieved easily. It also reduced the chance of frauds and errors because all things are computerized. Existing solution EXISTING SYSTEM ARCHITECTURE The existing LIS in university is completely manual and file based. It contains the records of all books and members of the university so this builds a large register set which is very difficult to maintain. In this situation to issue book, return book, fine management, catalog management and member registration verification need much effort whereas at the same time to perform other managerial tasks may sometimes take days or even weeks. C:Documents and SettingsATIFADesktopuntitled.JPG Figure 1: Manual Library System In this system, it is also very difficult to control the process of warnings for library members (student and staff) when their returning dates are near to come. Student and staff members are also faced the problem of book search and borrow. And when they need their clearance from the library, it also takes a day to just get a single signature. In existing manual system all the library members (librarian, staff and students) are faced a lot of difficulties when they are going to issue book, return book, fine management, book catalog management and member registration verification. Issue Book To issue a book in an existing system is a big matter because when student and staff members borrow books from library, the librarian needs to search for the relevant register and enter the information of borrower and the borrowed book on relevant page. At the same time the book can be borrowed when librarian is assured that the member should be clear from library issues. Return Book To return a book process is also very irritating and time consuming as well as the issue book process. Sometimes members are not known to timings or forget to return the book in time even when they want to return it. In this system it is not possible to regulate the process of warnings for library members when their returning dates are near to come because this system is completely manual. Fine Management Because the existing LIS in university is completely manual so the fine management is also a tuff and time consuming task. It is very complicated to tracks and calculates possible fines, takes care for member securities and when required provide monetary calculation related to library to the university accounts office which manages university financial resources. Book Catalog Management University central library contains the records of all books related to its every department and its LIS is manual so the book catalog management is not easy. When members returned the borrowed books then there is no proper management to see is the book is placed at right location or not. To add, delete and search the required book is time consuming process because librarian needs to arrange the proper registers for this. Member Registration Files and registers are used in university for member registration, so that all the student and staff members records are saved on them. When the members information are added, deleted and updated the entries in associated registers are also updated which required a large amount of time. Student and staff members registration information is also required to LIS to issue the library cards of each of them. Library staff adds all these information in registers to keep the track of members of LIS so this is also required enough time. The complete functions of existing system are shown in figure. It represents the overall functionality of library in university. Proposed System Architecture Scope of Proposed System Library System is a library information and knowledge management system. This application is used to support a librarian in managing a book library in university. The system is designed to provide the basic set of to add, delete or update members, add, delete or update books, and search for books processes. The main focus of this system is to reduce human efforts. The maintenance of the records is made efficient, as all the records are stored in the database, through which data can be retrieved easily. Some of the other specific objectives of the Library System are as following: Minimum amount of work should be required. Special hardware such as bar code reader and magnetic card reader should be used with this system for security and efficiency. Permanent storage of data should be done easily by using the database instead of the registers. It provides the interface for librarians to interact with the backend library database. It provides the interface to add, delete or update new student and staff member in the database. It also provides the interface to add, delete or update book information in the book database. GUI to search for a book based on user inputs. It provides the interface to check out of books which are issued by student and staff member. It also checks in the books which are returned by student and staff member. Calculate and manage the record for fine. Provide a facility to automatically send reminders to university members when required. Product Perspective The Library System is developed for the library to help the staff members, students and Librarians to search and borrow books. The system provides information related to books to the members of the library. The Librarian can keep the tracks of books updated all the time so that the student and the staff members get the up to date information all the time. This system is developed to interact with its users like librarian students and staff members of the university. The system has to interact with other systems like: Library System, Member Registration System, Catalog Management System, Accounting System, Email System, Fine and Reminder Bot System, Purchase Management System, and Online Client System of university. Software Requirment specifications Introduction The library system provides the information about the books available in the Library. It provides different type of services for its users, such as reserve book, renew book, check items, and check fines and view hold requests in the account. The following requirements specifications and required functions of the Library System are given below: Library members The Library has university staff and students as its members. All members must be registered with the library and issued with Username and Password for accessing their account in Library System. Book issue and return When a library member login via his account he can issue books. The system restricts the borrow limits as this a staff member can borrow up to 4 books up to 4 weeks and a student can borrow up to 2 books for up to 2 weeks. When a book is borrowed or returned by the library member, the information should be captured in the system and the account of the member should be updated. Only book items can be issued in library, currently journals and magazines should only be read in the library. Fine calculation and send late book reminders The system is able to calculate fines and send reminders to members automatically. When a return date is overdue, information about overdue items, overdue days and accumulated fines is sent to the user via email. Adding and deleting books Librarian is responsible to maintain the information about catalogues and library members. He can add, update and delete books in database. Querying to find books The system provides search functions to library members they can search a book through online catalogue. All book items in library are searched either by ISBN No or Author. Report generation Library system generates reports for the system administration automatically. User characteristics The main users of the system are student and staff members, librarian of the university who maintain the system. It is assumed that the members and librarian have the basic knowledge of internet and computers. This system ensures that the system administrator have enough knowledge of the internals of the system such as he is able to correct the small problems like disk crashes and power failure. The proper GUI, users manual, online help and the guide to install and maintain the system must be provided with the system to educate the users. System Constraints All the users information must be stored in a database that is accessible by the library system. The library system is connected to the university server and that is available 24 hours. The library system is accessible for the users who have internet connection with their computers in university. The Member Registration System, Catalog Management System, Accounting System, Email System, Fine and Reminder Bot System, Purchase Management System, and Online Client System are connected to the Library System and the database used by these systems must be compatible with the interface of the System. The users login into Library System through their username and password which they are assigned. System Assumptions and Dependencies Enough knowledge of computers should be required. To access the system online in university internet connection should be required. Library system can access the university student database. Microsoft SQL Management studio 2005 to store the database. To developed the product by using ASP.Net and C #.Net. Requirements For the Online Table Booking system following features will be provided to the customers related to table reservation. Students/Staff Requirements Search Books Search Issue Book by Student/Staff ID Search Reserve Book by Student/Staff ID Get Fine by Student/Staff Get Total Fine for Student/Staff Analysis Models Design Models The Physical design of the system is developed from logical design, which is completely based on logical design [9]. It is completely based upon the relationship among the data rather than the storage structures. The systematic organization of data which is used in automated system makes a database different form of record keeping [10]. While designing the database for the system, theses facts such as data integration, data sharing, no redundancy and data consistency have been taken care. Physical design consists of Table Design and Specifications. Database Physical Schema Tools and Technologies Tools and technologies refer to the text which describes the used and required technical specifications of the designed system. The system is a kind of information system which is targeted to be an n-tier application without losing desktop application style. The requirement to be n-tier and also to have a desktop application demands for a technology combination where following areas can be integrated to build up the system. Centralized data source Interoperability Ease of use Integrity Availability Integrating with the existing system Rapid development All these areas have their own constraints, some of which make it difficult to introduce them in a single system. While our technology study our team was working to find a solution that can help us in such a situation. In earlier stages we had an idea to provide a client server application where the data source will be centralized server and clients will call that for data services. This idea could have worked if the available time was not very short, so we left this option. Later we found a better solution to design a web application that provides the required services and we started working upon that but soon our team found a complete solution that had solved our problems. Creating a web application has some constraints which are number 2 and 3 in the above list. These constraints were removed by the new solution where we shifted to service oriented architecture and used a protocol based approach to provide data to our client application; this architecture is named as SOAP Service Oriented Architecture Protocol. Deciding finally on our system architecture we decided to use the same database management system, which is used by the university website. This decision was to support to integration of the new product with the old system and for the same reason we had used the web technology used by the website. One of the targets of the system design was to lower the cost for the deployment of the developed system, because it will only add up with the existing system and no changed will be required. On the other side no need to buy or manage or maintain any new server. It will just require simple system with required software packages installed and the system will start providing its services. Normally there will be no need to configure the client side application. The coming text will describe the software technologies which were used to design the software with their justification to use them. Server Side: Server side was build with following technologies: ASP.NET The reason to use this web technology is already described above. The website for University of Sargodha is designed using ASP.NET and is currently active and working. So to support integration with the existing web application our team decided that we must use the same technology there are using. It is very famous Microsoft technology and is used to build any kind of web solutions from simple personal websites to n-tire enterprise level web application. In comparison with other similar technologies like PHP and Java Server Pages it focuses on development of quality products rapidly. MSSQL Server 2005 MSSQL server is a database management system which is a product of Microsoft. It is very famous with medium scaled data driven business solutions. It supports client server architecture and at the same time it also provides parallel user access to the databases. Such kind of DBMS also sounds good for web technologies. In normal practice MYSQL another DBMS is used more frequent on web due to the compatibility of MYSQL with LINUX / UNIX based operating systems. MSSQL is only compatible with Windows based operating systems. Similar is the case with ASP.NET, from the introduction of MSSQL 2005 and ASP.NET both are known to be the best for each other for web technologies. The university website is also using the same combination and that is why we also are using the same technology. Web Services Web Services are a technology which is derived to provide a central source not only to provide data but also to receive data. There are many pros when we talk about this technology. Its expandability is inherited from web. Similar to a website a web service can also have unlimited number of clients, only constrained by the hosting server of the web service. This was the biggest reason to use web services in the designed solution. It does not cause change in the existing architecture of the system, but just add to the existing system. This kind of integration ability was very useful for the designed system. Web service use a protocol named SOAP which uses xml to transfer data to/from the clients of the web service. The global nature of xml enables another option in web services, that they do not restrict their clients to be the one kind of system. Any system, which can generate the kind of xml schema required for a web service and can receive and interpret the returned xml document from the web service, can call it. Another reason that made us to use the web services was the ease to call them, we called them from our desktop application where they worked just like normal routine calls, and it made it easier to proceed with the same system. Crystal Reports This technology refers to generating reports from vast data to support business decision; in our system we used crystal reports to generate several reports which are help full in providing the results regarding the library information to higher management. The reason to use this technology was to make it easier to generate reports. We concluded the ease with crystal reports from there automatic database interpretation and retrieving objects from the database schema to design reports. Reports designed in crystal reports are also not very specific to IT; their design can be modified by any designer so university is not constrained to us for required change after the deployment. Client Side: .NET The name Dot Net refers to a Microsoft technology framework which is intended to design managed and secure applications. The reason we used this framework was the ease and speed of development which is supported by .NET. The application, build on .NET assemblies needs .NET to be installed on the system where the application has to run. Our client application requires pre installation of .NET on the hosting system to run on it. The application was built using .NET 2.0 so at least .NET 2.0 or any newer version can support the application. Visual C# It is a programming language with is supported by .NET development environments. The reason to choose this language was to focus on the functionality of the system rather than bug fixing. Communication Method The server side of the system has to be deployed on a web server with the existing website. So considering this the system uses Ethernet as the communication medium to send and receive data from web services. To call/discover the web services the system uses HTTP protocol to send and receive requests to web services. Browser Technology While developing the web based interface, we have tried to make it well formed on most famous browsers which are IE6, Firefox 3.0 and Chrome 1.0. In all of these browsers it has almost similar and well formed look and feel. Another browser is targeted theoretically, which is safari. But this browser is not tested. Regarding to studied problems most of the layout is static which has a complete compatibility in all browsers. No layout uses absolute or relative positioning. System Evaluation introduction The library information management system is designed and developed using the client server architecture and is implemented

Blood Brothers by Willy Russell :: Blood Brothers Essays

â€Å"Blood Brothers† by Willy Russell Blood Brothers seems to have been set in the 1970s/80s around Liverpool. There is a lot about striking and major redundancies in it. Also about people moving "out of Liverpool" into the "country" ( Skelmersdale ), in order to provide better housing and better prospects for everyone. The social climate of the working class appears to highlight the differences between working and middle classes. The contrasts between the personalities and characters of Miss Johnstone and Mrs. Lyons are clearly shown throughout the play but these characteristics are mirrored within where each character resides. There is a clear and distinct line between the two social worlds is obvious as Miss Johnstone and Mrs. Lyons are shown to live at opposite ends of the social scale, Mrs. Lyons in a respectable area with everything money can buy, and Miss Johnstone in a rundown semi on a council estate. This becomes even clearer when Mickey says â€Å"up in the park† which seems to suggest that it is above the Johnstone’s status and that it is attractive and open in comparison to the estate. It also seems that neither parent wanted their children mixing with each other and also seemingly, boys from a different social class. Mrs. Lyons states â€Å"You see why I don’t want you mixing with boys like that! You learn filth from them,† after Eddie swears at her. It seems to confirm her stereotypical views about the nature of people who were less well off than her, which obviously includes how she sees Mickey to be. There is also a clear difference in the language and vocabulary that is used by both different sets of people. For example Eddie refers to his mother as â€Å"my mummy† which seems to be a rather mummy’s boy thing to say and a bit soppy and girly and also something a somewhat posh child would say. In comparison Mickey, who lives in a rougher environment, refers to his mother as â€Å"me mam† which is a rather typical thing for someone living as a child in working class Liverpool. He tends to be more colloquial and use more informal and slangy language where as Eddie tends to abbreviate his words and pronounce them all in the proper way. Mickey doesn’t enunciate the ends of his word (for example he says â€Å"Yeh† instead of â€Å"Yes†) whereas Eddie has a much more formal way of pronunciation. Another big part of language which is used by both boys, eventually, is the matter of swearing. When Edward meets Mickey he is very polite and rather innocent but upon being introduced to Mickey he begins to Blood Brothers by Willy Russell :: Blood Brothers Essays â€Å"Blood Brothers† by Willy Russell Blood Brothers seems to have been set in the 1970s/80s around Liverpool. There is a lot about striking and major redundancies in it. Also about people moving "out of Liverpool" into the "country" ( Skelmersdale ), in order to provide better housing and better prospects for everyone. The social climate of the working class appears to highlight the differences between working and middle classes. The contrasts between the personalities and characters of Miss Johnstone and Mrs. Lyons are clearly shown throughout the play but these characteristics are mirrored within where each character resides. There is a clear and distinct line between the two social worlds is obvious as Miss Johnstone and Mrs. Lyons are shown to live at opposite ends of the social scale, Mrs. Lyons in a respectable area with everything money can buy, and Miss Johnstone in a rundown semi on a council estate. This becomes even clearer when Mickey says â€Å"up in the park† which seems to suggest that it is above the Johnstone’s status and that it is attractive and open in comparison to the estate. It also seems that neither parent wanted their children mixing with each other and also seemingly, boys from a different social class. Mrs. Lyons states â€Å"You see why I don’t want you mixing with boys like that! You learn filth from them,† after Eddie swears at her. It seems to confirm her stereotypical views about the nature of people who were less well off than her, which obviously includes how she sees Mickey to be. There is also a clear difference in the language and vocabulary that is used by both different sets of people. For example Eddie refers to his mother as â€Å"my mummy† which seems to be a rather mummy’s boy thing to say and a bit soppy and girly and also something a somewhat posh child would say. In comparison Mickey, who lives in a rougher environment, refers to his mother as â€Å"me mam† which is a rather typical thing for someone living as a child in working class Liverpool. He tends to be more colloquial and use more informal and slangy language where as Eddie tends to abbreviate his words and pronounce them all in the proper way. Mickey doesn’t enunciate the ends of his word (for example he says â€Å"Yeh† instead of â€Å"Yes†) whereas Eddie has a much more formal way of pronunciation. Another big part of language which is used by both boys, eventually, is the matter of swearing. When Edward meets Mickey he is very polite and rather innocent but upon being introduced to Mickey he begins to

Legal essay(family law) Essay

Evaluate the effectiveness of the law in achieving justice for parties involved in relationship breakdown. Legislation and cases strive to achieve justice for all parties involved in a relationship breakdown. However, justice can be difficult to achieve as the law does not always uphold the rights of individuals. The law does reflect social and community values and strives to be accessible. Divorce is an example of the law being easily enforced, while with disputes involving children effectiveness isn’t always achieved. Amendments to legislation now make the law more effective when dealing with relationship breakdown’s between same sex couples and de facto relationships. Divorce is becoming more common in society, this means that legislation has been made more effective in achieving individuals rights. The Family Law Act 1975 (cth) established ‘no fault’ divorce, as long as the couple is separate for 12months, that overturned the Matrimonial Causes Act 1959 (Cth). Divorce is an effective method in achieving justice for parties involved in a relationship breakdown. An example of this is in the case Pavey v Pavey 1976, this case established ‘separate under one roof,’ this allowed couples to get a divorce even if they were living together due to financial strain. Pavey v Pavey is an example of how the law achieves justice for individuals and the accessibility of the law. Most issues related to relationship breakdown involves children, legislation has been improved in recent years to overcome this, but there are still many cases where justice isn’t achieved for all parties. The Child Support (assessment) Act 1984 (cth) aims to deduct money to support the child if the parent isn’t living with them. The Federal Government in 1990 ratified the UN’s Convention on the Rights of the Child. This ruled that all cases were to be solved in the ‘best interests of the child.’ The Family Law Reform Act 1995 (Cth) recognises ‘best interests of the child’ and also changes ‘custody’ to ‘residency’ and ‘contact.’ This legislation has effectively achieved justice for families however, the ‘best interests of the child’ and the presumption of shared parenting outlined in the Family Law Amendment Act (Shared Responsibilities) Act 2006 (NSW) was overturned by the High Court. The High Court overturned ‘best interests of the child’ in the case MRR V GR 2010, as shared parenting wasn’t reasonably practible and the rights of the individual was not being upheld. MRR v GR is an example of how legislation is not effective, but due to the responsiveness of the legal system, justice was achieved. The Family Law Amendment (Shared Responsibilities) Act 2006 (NSW) also created Family Relationship Centres that allowed families to resolve disputes and there is compulsory 3 hours mediation in the breakdown of a marriage involving children. The law has been effective in achieving justice for parties involved in a relationship breakdown as it upholds community values, is accessible and responsive and aims to protect the rights of individuals. The law is also responsive in protecting the rights of individuals through the media and lobby groups. Lobby Groups such as Dads in Distress, aimed to establish shared parenting as they were unable to see their children. This lead to reforms in the Family Law Act with a presumption of shared parenting. However the media has given reports of children being at risk because of shared parenting. This is shown in the SMH report ‘For the Sake of the Children.’ The law has to reflect community’s conflicting vales and therefore is not always effective in protecting the rights of the individual. Unmarried couples also have to be protected in the event of a relationship breakdown and justice must be achieved. The Property (Relationships) Act 1984 (NSW) defines de facto relationships and included same sex relationships in the definition. This act protects individuals in the situation of a relationship breakdown by identifying which parties get what. The SMH released an article, ‘Here’s an Idea’ that recognises de facto relationships as a valid choice and that they should be protected by the law. Through recent legislation reforms individual’s rights are achieved, as well as the law being accessible. However, legislation is not always responsive, as de facto relationships were only defined in 1984, and they did not have the same rights as married couples until then. The law is effective in achieving justice for parties involved in a relationship breakdown. Divorce is easily accessible and responsive. Relationship breakdown including children is mainly effective in protecting the rights of individuals and upholding societal values. Through recent legislation developments the relationship breakdown of de facto relationships is now treated the same as the dissolution of marriage. The law is mostly effective in achieving justice and protecting the rights of individuals involved in a relationship breakdown. View as multi-pages

Same Sex Marriage Essay

Same Sex Marriage Essay Same Sex Marriage Essay Allen 1 Alyssa Allen Mrs. Fisher Adv. English 2 May 2014 Same- Sex Marriage Ever since the fabulous hippie movement in the 1960’s people were left discovering themselves in new ways. It became acceptable for a man and a man to be in love, along with a woman and a woman and even a man to be a woman and vice versa. But not everyone found this as an â€Å"acceptable way of life†. Ever since people began to become more open about their sexual orientation they began fighting for their rights. After all, you love who you love and no one else should be able to prevent you from living a happy, safe, insured life. The majority of people who oppose same-sex marriage do it because they believe that letting gay couples get married would redefine marriage itself. Well duh that’s the point. But, what is marriage? There are many different ways to look at it; when two people are united in a consensual and contractual relationship recognized by law or just an intimate union. But most forget the vows one must take in such union, â€Å" to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, until death do us part†. I believe this is the best definition of marriage there is. Letting gay couples get married doesn't make this statement any weaker, it reinforces it (Rauch). When you get married you are taking one for all Allen 2 they are and all they offer and promising to love them and be there for them until the day they die. Now why would you deny someone their right to love another just because they are the same gender? Because you don’t like it? Even if you don't like it or if you're against it, how does a complete stranger’s life affect you in any way? If a gay couple got married right now how would it affect you and the way you live your life. So why not just let them get married. Another argument one might make against gay marriage hurts children. They feel that children do best when they are raised by married, biological parents, which is true but not completely. Yes, a child may do better with one mom and one dad each but it is not something that would make a huge difference in their lives. Over a third of children today don’t live with two married parents, something that has been going on decades before same-sex marriage came along. Marriage also unites non-biological parents to children; couples who adopt their children, step-parents who marry into parenthood and LGBT couples. Many gay couples have kids and the only thing that makes that situation worse is the fact that those children’s parents can’t get married, not the fact that they are being raised by two dads or two moms. The main reason most people are against gay marriage is because of religious reasons, and they think that collisions with religious liberties are unavoidable. For example, what if a Salvation Army worker couldn’t get healthcare benefits for his husband? Or a student at a Baptist college couldn’t get marriage-student housing with her wife? Which is understandable, but not entirely true. We know it is a manageable situation because we have already dealt with it in the context of abortion (Rauch). There is a religious-liberty that is provided that prevents Allen 3 Catholic hospitals from performing the procedure. The same can be done about same-sex marriage. So it very well is something that can be dealt with. Our country is split in half in a couple of ways. Half of the country opposes same-sex marriage, the other is for it. Half of the country thinks we should have the same policy nationwide, thinking if different states had different policies it would be chaos. But that’s not the case. Every state has different marriage standards like, whether or not you can marry a blood relative or the age of consent or on divorce and so on. I believe a slow and gradual change is what America needs to slowly adjust its people

Custom as a Source of Law M P Jain Essays

Custom as a Source of Law M P Jain Essays Custom as a Source of Law M P Jain Essay Custom as a Source of Law M P Jain Essay 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 personnel (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 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 dont 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 doesnt 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 legal 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 havent 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 youre not merely memorizing what the courts and legislatures have said and done in the past. That’s history! Youre 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 CASE METHOD OR CASE SYSTEM The 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 cases in 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 students work under this system consists mainly of reading and briefing the cases, attending classes and taking notes, and periodically reviewing the work in eac h course). Consequently, if you are studying law under this system you should know the best methods of doing these. Cases and Case Books Before you can properly read and 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 years 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 cant 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 courts decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (courts deciding cases appealed from lower courts). Trial court decisions (those rendered 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 reporters 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 assigned 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 of any other selected case series in which it may have been published and the date it was decided. The 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 courts 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 facts, 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 courts or jurys 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 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 issues, the breaking up of Introduction To The Legal Process 5 a general problem 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 deducting 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 Courts 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. Its 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 its 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 plaintiffs 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 courts 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 courts 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 courts argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by the 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 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"holdings† 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 7 THE 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 these 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 devils 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, and who have and analysed those cases. Further more, the students 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 advocates 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 courts 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 indeed 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 students case brief of this case. You will note that abbreviations are used whenever possible. (df = defendant; 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 MAKs heirs both for MAKs 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 JMs 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, and 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 him 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 elses 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 small 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 analysing 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 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 can 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 courts 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 lawyers task to do the best job of advocacy 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 lawyers 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 occasionally 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 SYSTEM Joseph 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 contracts 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 c odification. 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 Commissions work was unsatisfactory, Macaulay compared its progress with that of the authors of the French codes. He pointed out that though 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 penal 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 clas ses 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 Macaulays 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 habits and modes of thought. The influence of Scots and their law on the framing and adoption of the ea rly 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 the 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 and 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 equity 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 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 the formula has meant consultation of various systems of law 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 Civil 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 citizens 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 ones 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. Owing 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 Indias 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 hopefully 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 Menon The 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 altogether 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 System A 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 Fundamental 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 parliamentary 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 Ri ghts 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 occupation. (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 rules 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 Criminal The 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 them 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 an d 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 economic 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 recognized 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, compoun dable or otherwise. 20 Legal Profession and the Advocates Act, 1961 Procedural 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 procedure 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