Criminal and Civil Litigation Essay Example | Topics and Well Written Essays - 1500 words

Criminal and Civil Litigation - Essay Example The scenario of Foster and Powell falls under the Anti-Trust laws. The Civil Litigation Process has the following stages a) Stages of Civil Litigation i) Issuing the Statement of Claim; the litigation process always starts with issuing a statement setting out facts and legal grounds supporting the Plaintiff’s claim against the defendant (The Law Society, 2012). ii) Replying to the statement of defense; the moment the Defense has been submitted to the Plaintiff, the Plaintiff has a chance to reply the statement of defense. iii) Affidavit of Documents; this process is always after all parties have received their claims; for instance at this stage the parties will prepare, swear and serve their Affidavit of Document (Heydary Hamilton PC, 2011). This is a sworn document containing all the documents that each party has in possession and are relevant for the litigation process between the parties. In the case of Foster where we have a disputed contract, the documents required are a copy of the contract, and letters between the parties must and should be included in the Affidavit of Documents (The Law Society, 2012). ... or Discovery; in case the parties are unable to clear their differences at the mediation meeting, the lawyers of the Plaintiff get an opportunity to ask defendants questions under oath and vice-versa (Heydary Hamilton PC, 2011). vi) Undertakings and Motions before trial; during the examination for discovery stage, some information especially of the party answering questions may not be readily available. Given this situation, parties can provide answers and copies of the missing documents following the discovery (Heydary Hamilton PC, 2011). On agreement to do this, the parties are given an undertaking. However, if a party refuses to comply with the undertaking he is likely to face punishment of a Judge or Master. vii) Trial Scheduling Court; after all refusals and undertakings have been dealt with, the litigants will attend in front of a Judge to get a trial date. With regard to the simplicity or complexity and length of trial, will determine how fast the litigants can have their matt ers resolved (Heydary Hamilton PC, 2011). viii) Settlement Conference; this occurs before trial and is always before the Judge. Normally, the settlement conference takes place after all parties have agreed to go to trial and hence they will be possessing documents that they will be relying on together with reports from their respective experts (Heydary Hamilton PC, 2011). ix) Trial; in many cases, litigation cases do not reach the trial stage as it is expensive and hence majority of litigation disputes are resolved early enough. However, if the disputes are not resolved early, then the trial is inevitable (Heydary Hamilton PC, 2011). The trial stage is the last step in litigation. b) i) Application made in case of the missing agreement The dispute between Foster and Powell, if Foster

Criminal Justice Essay Example | Topics and Well Written Essays - 2250 words

Criminal Justice - Essay Example The agency also provides funding and certain oversight of community supervision (previously known as adult probation) and is responsible for the supervision of offenders released from prison on parole or mandatory supervision. During my visit to the Huntsville Office of the Inspector General, which is situated in Lake Rd. Suite 5, Texas, I have decided to talk to John Moriarty, Inspector General on his role and responsibilities. He is an important actor of TDCJ. A prior meeting was fixed with Mr. Moriarty. I reached in his Huntsville office at the scheduled time. Mr. Moriarty gave me a warm welcome. He heads the Investigation Department, which conducts investigation into the charges of grave bad behavior by employees and criminal breach on the organization property where interests are at risk by any violation. Smuggling of drugs and other goods not permitted in jail premises also comes under the investigation of the Office of Inspector General. Mr. Moriarty: My position of Inspector General is directly answerable to the Chairman, TBCJ, as you can see in the chart behind on the wall. (Mr. Moriarty turned his face towards the wall showing the chart, outlining the organization structure). Mr. Moriarty: Being independent of other departments, the mission of my office reflects its duties in working as a coordinating and communicating bridge between TBCJ, executive management, and investigating charges besides checking compliance with regulations and policies of the TDCJ. It is also our aim to see that the laws of the State of Texas are adhered to by the TBCJ. Other than that, we investigate waste, fraud and abuse of tax dollars in the agency. We are also a part of Joint Home & Defense initiatives of the Governor’s office and the FBI. Mr. Moriarty: It is wrong to say like that. Our Crime Stoppers â€Å"Behind the Wall† is a program that covers

Information Security Topic Essay Example | Topics and Well Written Essays - 750 words

Information Security Topic - Essay Example s serve to secure different aspects of Information .In the following article one such method to secure network called â€Å"Access Control List† would be studied and an attempt would be made to understand what level of security is achieved through its implementation. INTRODUCTION: Access Control list (ACL) at a very basic level set to define and control the various permissions that can be attached to an object .The object can be a software program like yahoo messenger, a network service like FTP, a file, sound card, other programs, the network, a modem, and so on and so forth. Access means what kind of operations can be done on these objects. Examples include reading a file, writing to a file, creating or deleting objects, communicating with another program, etc. Access Control List defines who is allowed to use that software/service and what operation can he perform on that software/service for example ACL would define who are the users who can use Yahoo messenger and whether they can use it to send files or albums through it or simply chat on it. At a very basic level they mean â€Å"An explicit set of permissions for users (or groups of users) detailing who can access specific items.† [2] CAPABILITY/ kind of security achieved : access control lists limit the access to information to the desired or permitted users . It also sets to establish privileges and permissions that a permitted user would have on the objects. An access control list can be visualized as a list containing permissions attached to an object . The list specifies who or what is allowed to access the object and what operations are allowed to be performed on the object. In a typical ACL, each entry in the list specifies a subject and an operation: for example, the entry (Bob, delete) on the ACL for file ABC gives Bob permission to delete file ABC. How ACL Work when a subject requests for an operation, the system first checks for the entry of the subject in the list in order to determine

Architecture and History Essay Example | Topics and Well Written Essays - 1000 words

Architecture and History - Essay Example Thus, the San Francisco Public Library remains to be one of the best examples of modern day architecture, which is characteristic of the most artistic era, the Renaissanceperiod, through its basic features such as the columns, the arches, the symmetry etc. The San Francisco Public Library is basically a civic building, which means it was mainly built with the public in mind. Thus, rather than merely providing a place with â€Å"a stack, a counter and a table† that define ‘library’ for some people, Kelham went the extra mile and turned the area of above 375000 square feet into an architectural bliss (Allen â€Å"photo_2_12_†). The hard work that went behind its engineering are proven from the sheer beauty of the library both in terms of its exterior as well as interior design. The library is built in the civic center, which is located at the heart of the San Francisco City, and is thus easily accessible to the general public. As the building finds its roots in the Italian Renaissance, it becomes clear that it takes inspiration from ancient Roman and Greek architecture. Although much of the architecture and design of ancient civilizations was lost due to the perils of time, their ruins retained the basic features of designing and this is what shaped the renaissance architecture. The main features of buildings belonging to that period include symmetry, use of columns as well as arches and domes. These features can be primarily traced back to the Roman Coliseum, which was a theatre as well as a stadium all in one.It was a civic building, which mainly aimed at the entertainment of the ruler but at the same time, the public too. Thus, it may be also perceived as a commercial building too as the profit generated from the entry fees mainly goes to the ruler. However, as time passed by the public’s worship shifted from the ruler tothat of the gods and religious beliefs. It can be seen that the usage of the civic buildings changed from t hat of entertainment to religious purposes. Thus, later on these attributes became to be increasingly used in the construction of religious monuments. Through this transition in the usage of the buildings, it actually made the ancient architectural citation more significant as during that time it was religion that ruled the public. Therefore, the aforementioned characteristicswere seen to be widely present in the churches constructed in the Italian Renaissance period.These churches had arches representative through a centralized door as well as rows of windows. This same attribute is intrinsic to the San Francisco Public Library with its arched doorways and windows. However, the library has its own style in the sense that it also contains rectangular windows on the top floor. On the other hand, these features were also present in ancient Greek ruins of temples, which were needless to say, built for religious purposes. For example, the temples built in Athens and other such areas bas ically involved the use of columns and entablature that consisted of architrave, frieze and cornice. Additionally, columns, which were an important part of these religious buildings, were mainly of three types, namely, the Doric, Ionic and Tuscan. On analysis of the columns of the San Francisco Public Library, it becomes clear that the columns are of the Tuscan order as the columns are not fluted and are basically plain, and also due to the fact that they are built on a circular base rather than a rectangular one. Symmetry that was an important characteristic

Critically assess whether the UK Supreme Court's approach to the use Essay

Critically assess whether the UK Supreme Court's approach to the use of Practice Statement 1966 should be more racial than that - Essay Example Thus, the House of Lords can depart from the previous decisions as well as the precedents that have been set previously, if it wishes to in circumstances where the precedents are either out of date or erroneous. This set a turning point in the judicial history of the United Kingdom. As the process of law development is one which is evolving continuously, scholars have discussed how the practice statement of 1966 can be used more radically. This study critically assesses whether the UK Supreme Court's approach to the use of the Practice Statement 1966 should be more radical than that of the House of Lords, in order to achieve reform of the law. Prior to understanding the various scenarios where the Practice Statement has been used, it is necessary to also understand certain terms that are used commonly with regard to it. The first one is rules of precedent. Precedent is the concept that any rule that has been established in an earlier case should be adhered to in cases that are simila r, so that similar cases should be given similar outcomes (Garner, 2009). It also means that inferior courts should stand by the decisions that have been made in a superior court. The other important terms include ratio decidendi and obiter dictum. Ratio decident translates to reason for the decision and obiter dictum translates to statements made by the way or in passing. These are two parts of a ruling made by the judge (Garner, 2009). Ratio Decidendi explains laws based on which any particular judgment has been made. During the process of judgment delivery, the judge is bound to explain the law and reason based on which he or she arrived at the particular ruling. These are included in the 'law report' and hence, it forms the 'basis of precedent'. Obiter dicta, which are the statements that have been passed by the way and hence they are not binding (Garner, 2009). For example, the discussion or speculations that are made by a judge on how his or her decision would change if the si tuations had been different fall under obiter dictum. While Obiter dictum is not binding, it is often used as a reference or persuasive agent in future cases. Before the Practice Statement was introduced in 1966, there were several instances where the House could not bring about a change from the precedent set because of the rigid stare decisis 'let the previous decision stay'. One such example is that of London Tramway Co Vs. London County Council (1898) (Erp, 2011). Regarding this matter, Lord Halsbury stated that once a decision has been made, it binds the House of Lords and all the other inferior courts. Halsbury said that, "I am therefore of opinion that in this case it is not competent for us to rehear and for counsel to reargue a question which has been recently decided." (Erp, 2011, 12) An important aspect to remember with regard to the Practice Statement of 1966 is that the decisions that have been made by the highest body (earlier the House of Lords and now the Supreme cou rt) are binding to all the other courts that come below it. In addition, the decision that have been made by the Supreme court also are binding on itself - however, the Practice statement has enabled it to depart from the previous decisions depending on the particular situations (McLeod, 2011) Practice Statement of 1966 has been used many times, but there are two main cases through which the use of Practice Statement of 1966 can be illustrated. The first major case is that of Herrington Vs. British Railways Board in 1972. In this case, the house

General insurance Assignment Example | Topics and Well Written Essays - 500 words

General insurance - Assignment Example Following are the three ways to deal with insurable risks 1. Personal factors of the driver such as age, gender, marital status is considered before deciding the premium. Young people who have had driver’s training are considered less risk and hence given a lower premium. Similarly people who have had no accidents while driving are also considered less risk. Thus the personal characteristics are considered while calculating the premium. 2. Type of car is also an important factor while calculating the premium because of the variation in the repair cost. A powerful car will have increased liability and higher accident benefits premiums. 3. Use of car is another important factor in determining the premium. If more than one person drives the car and car is driven for long kilometers can also affect the risk. Similarly car used for home purpose has different premium than a car used for business purpose. Answer: A  personal property floater is a policy that has taken into consideration  all of the  insureds  property  in any location, and irrespective of where the insured is at the time of  loss. This is an all  perils  coverage  that  doesn’t provide coverage for certain events, such as war

The Visions And Intensions Of Karl Marx Essay Example for Free

The Visions And Intensions Of Karl Marx Essay From the content of the Manifesto of the Communist Party, it is seen that Marx and Engels are not talking of any freedom but freedom from exploitation, freedom from class oppression, and freedom from class conflicts. In this sense, society cannot be considered free until it replaced capitalist exploitation with the free collaboration of all members of society. Freedom as deliverance of the worker from capitalist exploitation, is only one, though the most important aspect of his freedom. It cannot be restricted by negative characteristics, as in â€Å"freedom from something†. Freedom makes sense only when man is free not due to negative forces, to deliver him from something or the other, but due to positive forces, to show his real individuality (Hart, 1982). For Marx, freedoms like freedom of religion and the freedom to own property are hollow freedoms. In the manifesto, Marx wrote, â€Å"But dont wrangle with us so long as you apply, to our intended abolition of bourgeois property, the standard of your bourgeois notions of freedom, culture, law, etc. Your very ideas are but the outgrowth of the conditions of your bourgeois production and bourgeois property, just as your jurisprudence is but the will of your class made into a law for all, a will, whose essential character and direction are determined by the economical conditions of existence of your class.† Thus, only in a classless society would a human individual truly gain freedom. Karl Marx and Maximilian Weber are two of the founders of Modern Sociology. Marx and Weber were influential figures during their time, as both were active and visible in German politics. Their words hold a power in them that denotes authority and conviction thus becoming an inspiration or a threat to those who hear and read, yet were also widely criticized and disputed. These two however, as many people believe, share opposing views in many issues, particularly with regards to the controversial debate of capitalism and socialism. Yet they also share commonalities.Karl Marx is popularly known for his works that gave rise to the concept of communism. Marx is in fact trained in the field of philosophy but eventually veered towards economics and politics. Hence for many scholars then and now, he was more of a revolutionary communist than a philosopher. For Marx nevertheless, â€Å"the philosophers have only interpreted the world, the point is to change it,† this he wrote in his Theses on Feuerbach (Wolff, 2003). His most popular work was the Communist Manifesto (1848), which he co-authored with his lifelong friend, Friedrich Engels. Yet according to many academicians, even if the Manifesto is the most famous of Marx’ works, it is not the best material to use to analyze his sentiments and belief. In fact many deem the Economic and Political Manuscripts of 1844 as the heart of Marx’s analysis particularly in relation to economics.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Prior to communism, what paved the way to the development of communistic ideas was the theory of Historical Materialism. This is Marx’s version of history, where forms of societies experience a constant rise and fall because that society had grown to inhibit human productive power. During his time, capitalism was the dominant society, thus, capitalism impedes human productivity. What follows the decrease in productivity is a revolution or epoch change because the former society can no longer serve the needs of man. Marx believes that the historical process or the progression or human societies undergoes a series of changes in the mode of production but will eventually culminate to communism; communism will replace capitalism giving rise to a â€Å"society in which each person should contribute according to their ability and receive such according to their need† (Wolff 2003).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Marx’s postulates, though some were regarded as unempirical, were nonetheless necessary, as he was able to discuss economics using â€Å"material bases† rather than relying on philosophical abstractions and dialectics (Kemerling, 2002). Most importantly, his works were viewed as the inspiration for the victory of the Bolsheviks several decades later in the October Revolution. His most notable and recognized ideas is that the Proletariats, Bolsheviks for the Russians, are not given their fair share during the production of commodities, thus there is no harmonious relationship between the capitalist profit earner and the working man and neither will there be an equilibrium in the capitalist market (Weber, 2006). Karl Marx believes that revolution is inevitable. Nations will aspire for a society that fosters equality and progress for everyone and not just the ruling class. This emerges from an uprising from the proletariat as they continue to feel antagonism from the bourgeoisie. Modern day societies, according to Marx, are basically divided into two major classes: the bourgeoisie, or the capitalist, ruling class, and the proletariat, or the working class. With this class distinction, material wealth of a nation is totally controlled by the capitalists, while the working class only depends on salary as they work for the continued wealthy existence of the bourgeoisie. Marx believes that ultimately, the working class will notice the inequalities in their society and will wish to bring about major changes that can only be possible through revolutionary means. (Kemerling). Marx acknowledges the differing ideas on socialism and communism, but eventually concludes that it is through revolution that true communist ideals can be met. Believers in socialist and communist systems assert that antagonism persists as industrial development continues. Since the economic condition does not provide for the emancipation of the proletariat, â€Å"they therefore search after a new social science, after new social laws, that are to create these conditions† (Marx 110). Central to Marx’ concept is class distinction, which has been present throughout the course of history. The modern capitalistic society is itself a product of the feudal society, but has brought about new forms of oppression. Capitalism evolved from feudal concepts and continues to evolve in order to sustain itself – incessantly changing the means of production and exchange. The bourgeoisie has made itself the center of every society in the world as it compelled all nations to follow its model of society – a society that has enormously increased urban population so as to take them away from the simple rural life (Marx 64-64). It has also promoted a mode of production, which it presents to be based on freedom, i.e., free trade and globalization. In the process, the bourgeoisie has given power and wealth to only a few people, that is, the ruling class. On the other hand, the proletariat becomes mere commodities as capitalists continue to look for cheaper labor, and the workers, since they are selling themselves for labor and are competing with other workers for daily sustenance, turn out with lower wages in the end. In the long run, labor becomes more burdensome to the workers even as the wages go down. The economic situation of the working class, as they will eventually discover, is due primarily to the system of production, the system that the capitalists themselves have developed for their own welfare. Marx also notes that even the small shopowners, tradespeople, and handicraftsmen, unable to compete on equal footing against the larger capitalist groups, become part of the proletariat, although they are more conservative, considering only their future interests (70-71). The working class is the revolutionary class that is bound to face the bourgeoisie, starting with small groups until it forms into a national group that will take power from bourgeoisie to centralize all instruments of production. Communists envision a classless society and promote the common interests of the proletariat, and support the overthrow of the capitalists so that the working class will gain power. Marx believes that the communists are the most advanced of all sectors of the working class, as they work towards the abolition of private property, which has been the basis for antagonism of the working class (80-81). Marx predicts that the capitalist society will eventually evolve, leading to its demise as the proletarians resist the system and fight for the emancipation of the working class.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   REFERENCES Hart, M. (1982) The Ranking of the Most Influential Persons in History, Galahad Books, New York City. Kemerling, G. (2002, August 7). Karl Marx. Retrieved Jan. 25, 2007 at:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.philosophypages.com/ph/marx/htm Marx, K. and   Engels, F.   The Communist Manifesto. New York: Simon and Schuster Inc., 1964. Weber, M. (2006, July 30). In Wikipedia, The Free Encyclopedia. Retrieved Jan. 25, 2007 at: http://en.wikipedia.org/w/   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   index.php?title=Max_Weberoldid=66750368 Wolff, J. (2003, August 26). Karl Marx. Retrieved Jan. 25, 2007 at:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://plato.stanford.edu/entries/marx/