Assess the hierarchical structure of the court system in England and Essay - 1

Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of bindi - Essay Example The England and Welsh courts have a hierarchical structure that is found within both the criminal and civil courts and represents the different levels of authority within the courts. The supreme court of the United Kingdom is considered as the most superior and senior court in the land that is tasked with high ranking litigations and court cases. These courts are tasked with different roles and constitutional functions within the English jurisdiction. Legal systems are guided to a larger extent by judicial precedents and historical rulings on cases which have striking similarity with the cases at hand. Within the English law and precedent, processing of the applicability and quality of a precedential ruling enables the courts to only apply liable legal rulings that bear similarities to their cases. As stated by the doctrine of binding precedents, the rules and legal laws used in arguing the case in reference must be fully studied and used to form an informed basis of whether to apply the precedent or not (Thomas, 2005). In this paper, the legal system of the Wales and England judicial structures will be analysed to provide their roles as enshrined in the English law enactment of the United Kingdom legislative enactment. ... United Kingdom supreme court The United Kingdom Supreme Court is considered as the final court of appeal in the country that is tasked with various roles and responsibilities that has ensured the development of the English law. All cases heard by the court, whether they are appeal in nature must have been referred to it by other courts below it. According to Hondius (2007), the United Kingdom Supreme Court is the ultimate court of appeal in the United Kingdom that is allowed to hear all cases from all the four kingdoms in the union. It thus makes determination of cases brought before it from England, Wales, Scotland and Ireland after the cases have been referred to it by other courts below it. Apart from high profile civil cases, the court is tasked with the determination of high profile cases of public interest and concern which are beyond the jurisdiction of other courts below it. Apart from the general cases considered of great public interest, the court is also tasked with consti tutional interpretation functions especially on cases involving the different kingdoms and their internal governments (Stone, 2009). Appeal courts of England and wales It is considered as the most senior court below the Supreme Court and hears a number of civil cases brought before it by other courts within the land. One of the major roles played by the high court of appeal of England and Wales is the supervision and directional leadership it has over other subordinate courts below (Gillespie, 2007). As a major court within this judicial jurisdiction, the court has three branches tasked with different roles and responsibilities. The Queen’s Bench division, the family division and the chancery division are the

Via Turnitin, Essay Example | Topics and Well Written Essays - 1000 words

Via Turnitin, - Essay Example Barrister A barrister is a member of the legal profession that has been ‘called to the Bar’ ergo the name. They argue their cases before the court and also serve as legal counsel or advisers to their clients with the help of their solicitors. Up until 1990, barristers have the exclusive right to argue their cases in court, but now, this law has been revoked and solicitors, in some cases, are allowed to perform this role as well. To be eligible for the title of barrister-at-law, students must pass the qualifications and standards set by the Council of Legal Education and is only restricted to the Inns of Court. By paying a fee, students are summoned to the Bar. For a year, they have to become apprentices in the chambers of practising barrister. Before presenting a case in court, barristers are usually aided and instructed by solicitors regarding their cases. Since 1989, and from the beginning of 1990, many changes to the legal proceedings have been introduces to cut back on litigation costs—one of which is that barristers could present their cases in court without their instructing solicitors in some cases. The law also states that barristers could not be sued by their clients for negligence in presenting their case in court and likewise, cannot sue their client for unpaid fees (â€Å"barrister†). ... Solicitors also â€Å"have a monopoly of certain legal business and are subject to court regulation.† The qualifications, trainings, and standards to become a solicitor is set by the Law Society which includes, but is not limited to an apprenticeship under a practicing solicitor for at least several years and must be a graduate of law school (â€Å"solicitor†). Gray Areas Despite the very distinct roles and functions that was originally intended to be performed by a solicitor and a barrister, changes in the judicature brought about by the changing demands of time have created some gray areas between the functions and roles of the two legal professions wherein they tend to meet in some areas. For instance, originally there is a clear cut distinction that solicitors are to handle legal matters outside the court while barristers would be in charge of arguing cases before the court. The roles are also very separate: the solicitor is the one who gives legal advises to the cl ient and prepares the case for court. After all the legal preparations are handled by the solicitor, the barrister then takes over and brings the case before a judge. Through this process, it is only the solicitor who gets to transact directly with the client. â€Å"It is the solicitor who refers cases to a barrister if there is a need for the case to go to court.† In a nutshell, it is under the prudence of the solicitor if the client would require the services of a barrister (â€Å"Difference between Barrister and Solicitor†). If and when a barrister is brought in the case, the client does not transact with him/ her directly. Rather, the client transacts with the

Finance International Investments Assignment Example | Topics and Well Written Essays - 1000 words

Finance International Investments - Assignment Example The country is expected to capture 1% of the global trade in the near future. The level of exports has grown to nearly 24% as compared to the last four years (Guenthner). India is expected to be among the largest economies by 2035 (Guenthner). This is the right time to invest in India based on the level of economic growth and future prospects. India is viewed as an appropriate market for investors who have long term objectives. Risks of investing in India Investing in India is considered as a huge risk by a number of investors claiming that the chances of success are equal to those of failure (Canada.com). However, these risks are known to exist in any given business venture in a country. This concerns the acceptability of the new product in the market (Trade Chakra). The Indian population is at 1.1 billion however only 40 million people frequently use the internet (Guenthner). Funds should be invested in the online sector as it is among the most promising. In the past, the country h as experienced a couple of terrorist attacks and this has had negative effect on investor confidence. However, this concern has a short-term impact and it should not prevent investors from investing their funds in India. Nevertheless, it is a country with high levels of poverty and strict traditions and it may be hard to introduce new products in the market. Its economy has a long way to go before it fully develops and this poses a risk and challenge of growth to any company. Most of the people are employed in the agricultural sector and 30% of the population lives below the poverty line (Guenthner). The country has a poor infrastructure and this may prove to be a challenge to an investment. Long-term potential for growth in India Indian economy possesses immense economic promise and potential. This has captured a great deal of attention from investors globally. India is said to be an economy with numerous possibilities and can have unpredictable impacts on businesses (Hall and Polo z, 771). The economy is expected to grow at a high rate (12.8% per year) in the near future and this is quite attractive to the investors. The income for Indians is also expected to increase in the coming years. The economy is expected to be among the most powerful in the next two decades. While it is true that the market in India has greater potential than other markets globally, available funds should be invested in sectors with long-term prospective growth such as technology more so the internet. The funds should be invested in areas where the rate of return is over 15%. Political or economic upheavals that might impact performance of the fund Political stability in any given country is vital since it determines the stability of the business environment. India is considered to be the biggest democracy in the world. The current political situation in the country can be described as fairly stable. The major problem facing politics in India is corruption which is a contributing fact or to poor investor confidence. Citizens feel that democracy is not fully exercised which can lead to an uprising in future leading to political instability. The economic state has been improving over the years as earlier mentioned. In terms of purchasing power and GDP, India is ranked third globally after the US and China (Guenthner). The GDP in 2007 was estimated to be $2.965 trillion and the GDP per capita was estimated to be $2700 (Guenthner). The FDI in 2007 was $16 million while in 2006 it was $5.5 million

Psychology - Self Esteem Essay Example | Topics and Well Written Essays - 1250 words

Psychology - Self Esteem - Essay Example Materialistic people believe that possessing physical things or property will lead to their satisfaction, content, and happiness. Apparently, studies have found this to be the opposite, such that, with the increase in material wealth, people tend to be unhappier. Caprariello and Reis in their study identified that people who spend more on life-experience events were happier than those acquiring material possessions. Having been identified as two important factors in defining human character, research has also been carried out to identify the correlation between self-esteem and materialism. Some of the findings have identified that there is an inversely proportional relationship between self-esteem and materialism; people with low self-esteem tend to use material possessions to satisfy their self-consciousness and insecurities (Park and Roedder 73–87). People’s self-esteem and need for materialistic possession are the main causes of societal problems. One of the problems associated with individual’s self-esteem and materialistic needs is poor health. As we have identified in earlier statements, individual’s character is mostly defined by their desire to achieve attain happiness, and this can be achieved through high self-esteem or use of material possessions. However, since nothing is perfect in this world, those unable to cope with the realities of life will likely fall victim to various health problems such as anxiety and depression. In a study carried out by Sowislo and Orth, they identified that low self-esteem was strongly related to depression. The results showed that, low self-esteem contributed to depression and depression was found to erode an individual’s self-esteem. The study further identified that low self-esteem was also a determinant for anxiety (Sowislo and Orth 214). People experiencing low self-esteem are known to seek material possessions in order to fulfill their desire for content and

Confucius Biography Research Paper Example | Topics and Well Written Essays - 1250 words

Confucius Biography - Research Paper Example His father was commander and died three years after the birth of Confucius. Nevertheless, Confucius got a good education and married at the age of 19. He also became a father of one son and two daughters. (Confucius Biography) Early Occupations During his youth he had to learn so many skills because fortunes of his family had declined. Confucius belonged to the aristocratic family then known as the shih. Confucius in his first occupation is said to have worked as keeper of the Lu granary. After working as a keeper in the market, he worked as a farm worker taking care of farm animals. He also gave his services to the governor of his district. Through his politeness, fairness and love for learning he quickly earned a good reputation for himself. His mother died in 527 B.C.E and then he involved himself in his most beloved pursuit of teaching. It was the period of zhou (Chou) dynasty when moral values prevailed at its nadir. Confucius criticized the disorder and deplored the moral stand ards prevailed within the society. (Ann-ping) When he was 35, ruler Duke Zhao of Lu initiated a war; however, he shifted himself to the neighboring country of Qi. Duke Zhao continued to take his advice but due to opposition of one of his council minister he refused to grant him the land and also stopped taking his advice. (Kotelnikov, Vadim) Teacher He firmly believed that old precepts of the sages can bring back the people to the high moral standards. His fame and name spread across the masses. Confucius became famous in Lu because he made sayings which were full of wisdom. People learned through his teachings. He also helped and advised the emperor on effective and fruitful ruling. He also came into contact with Lao Tzu; however, Lao criticized him for his arrogance. His course or lessons used to be mainly history, music, and poetry. He spent his lot of time on developing the ideas regarding the art of government. Gradually, he acquired a large following. Though many of his follow ers returned to Lu and continued accepting the positions with the Chi clan. It is construed that because of these followers he was invited to Lu. (Kotelnikov, Vadim) Effective Administrator When he was 50, the Baron of Qi approached him and sought his help against a rebellion but he refused to comply. New Duke of Lu then made him a city magistrate. The city prospered under his governance and he got promoted several times and finally became a Grand Secretary of justice and then at the age of 56, became chief minister of Lu. He was quite successful in his administration, introduced the reforms and dispensed the justice quickly. As a result, crimes were almost eliminated. (Kotelnikov, Vadim) Neighboring countries started worrying that Lu would become much powerful. They distracted the duke by sending gifts and dancers. On duke's improper behavior, Confucius resigned and left the country. (Kotelnikov, Vadim) A Great Traveler Confucius visited nearby states and travelled a lot in the hop e that some other ruler would take his heed and undertake measures of reform; however, all his efforts went in vain. Confucius wandered China with his disciples for 5 years and realized that his presence is not well tolerated. Once he was arrested and put into jail for five days. He was also pursued into the countryside by a group of soldiers arranged by jealous nobles; however, he was rescued by the king of a neighboring country. A Political Leader His great emphasis is said to be on political

United States Defense Policy Research Paper Example | Topics and Well Written Essays - 2000 words

United States Defense Policy - Research Paper Example The disaster energized the country especially its defense system and the administration to generate modifications in the existing defense policy. By analyzing major political transactions that occurred in the Middle East and central Asian countries it is clear that some philosophical, ethical and moral questions are involved in formulating the existing defense US defense policy. Its policies in Post Cold War period, programs against international terrorism and internal security constitute ethical and moral issues. Studies often reported that the policy is not effective to resolve various ethical and moral issues. Current defense policy of the United States’ concentrates to deter aggression against the country, its allies. Another significant element that one can find in US defense policy is the programs to control most dangerous weapons and the effective implementation of Nuclear- Proliferation Treaty. Current US defiance policy underlines effective coordination of various defiance department and security agencies. The online article entitled Security System Reform and Governance gives information about Security System Reform and it rightly comments that; â€Å"SSR frameworks should therefore address both external and internal threats to people’s safety, to law and order and to state stability.† (Manning, 2005, p.22). Existing Defense policy of the United States plays a significant role in the field of international politics, immigration, and economic transactions and its programs to prevent international terrorism constitutes desirable results. United States’ Dep artment of Defense is the central body that coordinates various agencies and supervises the process of policy making. There are a number of factors or institutions that are involved in the process of policy formation such as the Department of the Army, Navy and Air force. Other institutions are

History of Education and Field Study Essay Example for Free

History of Education and Field Study Essay We all know that each of the teachers has their own methods and strategies in delivering their lesson. I observed the class of Teacher Teejie Taruc. She is a MAPEH major teaching at Camba National High School. She uses a combination of methods in her class includes the Socratic Method, inductive method, class discussion, lecturing and recitation. She has her own techniques on how she presents her lesson. Teacher Teejie has a great sense of humour thats why she can easily get the attention of her students. By  using those methods, she can manage her students and also the learning process. Field Study 2: Experiencing the Teaching and Learning Process 7 Analysis Explain the methods that the teacher used. Methods| Advantages| Disadvantages| 1. Socratic Method – it is the question and answer part in the lesson presentation. | * Learners can share their own ideas. * Teacher and the learners may absorb knowledge by listening to other ideas. | * Some of the learners may not cooperate. | 2. Inductive Method – a method which presenting the lesson by specific to more general. | * Learners may familiarize the topic * Easily cope up with the topic. * They can improve their critical thinking skills. | * Learning is difficult to gauge. * Some may hardly understand the topic. | 3. Lecture Method – is a teaching procedure for explaining and clarifying a major idea. It makes use of may be a narration or a description. | * Presents factual material in direct, logical manner. * It contains experience which inspires. * Stimulates thinking to open discussion. * Useful for large groups of learner. * It serve as a guide through a great mass of information characteristics of subject areas. | * Some of the learners may not participate. * Time will limit the discussion. * Learning is difficult to gauge. | 4. Class Discussion – a method on presenting a lesson where there is a question involve that may answer by the learners. | * Pools ideas and experiences from other learners. * Effective after a presentation, film or experience that needs to be analyzed. * Allows everyone to participate in an active process. | * Few learners can dominate. * Others may not participate. * It is time consuming. * Can get off the track. | 5. Recitation – an act of enumerating and answering the question of the teacher. | * Learners can boost their confidence by doing recitation. * Both teacher and learners may absorb knowledge from each other. | * Some students may not participate. * Some wont get a fair answering. | Field Study 2: Experiencing the Teaching and Learning Process8 Reflection What methods am I going to use? As a would-be educator, I already have ideas of what method am I going use in the near future. I encountered a lot of teachers and I can say that they have their own techniques, strategies and methods in teaching. Each of them is different from anyone and I can say that they are all good teachers. I always taught to myself that someday I am going to be like them and much better than them. In order to have a good learning process in the class, I must have a harmonious relationship with my learners. It is very important for me as a teacher to have a harmonious relationship with my learners so that I can easily impart knowledge to them. I am planning to use a combination of methods includes class discussion, brain storming, lecturing, Socratic, inductive, deductive, recitation, power point and video clip presentation and worksheets. These methods are only guide for us. The effectiveness of these methods is always depending on us, on how we apply it and on how we deliver it. Some of the methods I’m planning to use are generally used by most teachers thats why I included video clip and power point presentation in order to follow on the new trends of teaching. We all know that these things are very popular today. Power point presentation is software of Microsoft where we can write up the lessons that we want to teach on our students. Video clip presentation is an entertaining way of teaching content and raising issues that keep groups attention. When we use these two new trends of teaching, learning process may be more successful than the traditional one. Its so hard to get the attention of the students. We must be a good motivator for us to motivate them. Being a teacher is not easy like they always said but I do believe that it depends on you. As long as you know that you can do it, it will be easy. Just love your profession and the profession will also loves you. Make your passion your profession! Field Study 2: Experiencing the Teaching and Learning Process9 Documentation†¦ FieField Study 2: Experiencing the Teaching and Learning Process10 Differences Among Approach, Methods, Strategies, and Techniques Many people are having difficulties on distinguishing the differences between approach, methods, strategies, and techniques thats why in this activity; I am going to define the differences between those words. Approach| Method or Strategy| Technique|. * An enlighten viewpoint of teaching. * Provides sounds philosophy and orientation to the whole process of teaching in which the selection of an instructional method is part and parcel of. | * It refers to an organized, orderly, systematic, well-planned procedure. * It consist of steps which are logically arranged aimed at achieving the specific aims of instruction at enhancing greater teaching and maximizing learning output. * Method directs and guides the teacher in all class activities and involves as well, the organization of materials to get things done. * Strategy in the beginning is a monopoly of other disciplines like military, science, politics, economics, and even psychology. | * It is implementational and that which actually takes place in a classroom. * It is a particular trick, or contrivance, used to accomplish an immediate objective. * It is consistent with a method and approach as well. * It depends on the teacher, his individual artistry, and on the composition of the class. * It is defined as a procedural variation of a given method. | Field Study 2: Experiencing the Teaching and Learning Process6.