Debate Essay

The thesis of our case is that birthright citizenship puts unfair burden on certain people in the world to take care of less fortunate. It is ironic that both the birthright citizenship and equal protection guarantees appear in the Fourteenth Amendment to the U. S. Constitution. Arguably, birthright citizenship contradicts the notion of normative equality and arguably equal protection under the laws. Thus, birthright citizenship should be abolished. Our first contention is that birthright citizenship causes two primary problems. First, it strains welfare programs. Second, it permits a never-ending chain of citizenship eligibility. Jon Feere, who has a B. A. from the University of California, Davis, and a J. D. from American University, and is a Policy Analyst for the Center for Immigration Studies, wrote in an article entitled, â€Å"Birthright Citizenship in the United States: A Global Comparison† in August 20101: The two citizenship benefits that have drawn the most attention in the birthright citizenship debate are, first, food assistance and other welfare benefits to which a family of illegal aliens would not otherwise have access, and second, the ability of the child when he grows up to legalize his parents, and also to bring into the United States his foreign-born spouse and any foreign-born siblings. The sponsored spouse can, in turn, sponsor her own foreign-born parents and siblings, and the siblings can, in turn, sponsor their own foreign-born spouses, and so on, generating a irtually never-ending and always-expanding migration chain. 2nd contention†¦Birthright citizenship turns efforts to employ migrant workers into policies exploding the number of US citizens. Jon Feere, B. A. from the University of California, Davis; J. D. from American University, Policy Analyst for the Center for Immigration Studies, â€Å"Birthright Citizenship in the United States: A Global Comparison† August 2010, http://www. cis. org/birthright-citizenship The issue of birthright citizenship for the children of aliens who have not been admitted for permanent residence cannot be resolved in isolation from other immigration issues. For example, politicians on both sides of the aisle regularly call for an increase in temporary workers, but the economic and social impact of children born to these workers while they are in the United States is never part of the discussion. Under any large-scale guest worker program, it is likely that tens of thousands of children would be born on U. S. soil. If the guest worker does not depart when his work visa expires, he becomes an illegal alien and is subject to deportation. But immigration authorities cannot deport the guest worker’s citizen child along with the overstaying guest worker. The result is that the guest worker makes the case for indefinite stay based on the principle of â€Å"keeping families together† — an argument that is often successful at stopping an alien’s deportation. Because of birthright citizenship, what started as a policy to bring in laborers on a temporary basis can become yet another channel for permanent immigration? This is one of the reasons why some have said that â€Å"there is often nothing more permanent than a temporary worker. † Abolishing birthright citizenship would not require a constitutional amendment. Jon Feere, B. A. rom the University of California, Davis; J. D. from American University, Policy Analyst for the Center for Immigration Studies, â€Å"Birthright Citizenship in the United States: A Global Comparison† August 2010, http://www. cis. org/birthright-citizenship Extending 14th Amendment birthright citizenship to any class of persons is a momentous matter because it confers very valu able benefits and imposes very serious obligations on children who have no say in the matter and it also has long-lasting and important effects on the size and composition of the U. S. population. The executive branch’s current practice of extending birthright citizenship to nonresident aliens has never been authorized by any statute or any court decision. The legislative record left by drafters of the 14th Amendment shows that they were primarily concerned about conferring citizenship on freed slaves. While the Supreme Court has settled the matter as it applies to permanent resident aliens, it has yet to decide the matter as it applies to aliens whose presence in the United States is temporary or unlawful. As a result, Americans are justifiably upset with a policy that has become standard practice without their approval. Because the legislative history is not decisive and there is no Supreme Court precedent, serious legal scholars and eminent jurists have argued that Congress should uses its inherent authority to define the scope of birthright citizenship. Congress can use the hearing process to promote a calm, informed, and serious discussion on the wisdom and legality of granting automatic U. S. citizenship to the children of â€Å"birth tourists,† illegal aliens, and other categories of foreign visitors who are taking advantage of a clause in the 14th Amendment that was primarily aimed at helping an entirely different class of persons.

Custom as a Source of Law – M P Jain

INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the â€Å"Case Method† (c) The Case Method from Student’s point of view. The following extracts are from: (a) Stanley V. Kinyon, How to Study Law and Write Law Examinations (1951) (b) Edward H.Levi, An Introduction to Legal Reasoning (1949) University of Chicago Press. (c) Paper from Professor Jackson, Michigan University Law School (Un-published ) (The essay is based on comments made orally to a Faculty Colloquium of the Faculty of Law, University of Delhi in January and February, 1969 while the author was Visiting Professor of Law) THE OBJECT OF LAW STUDY What is this thing â€Å"Law† which you are about to study? What is the nature of the subject and what are you supposed to learn about it?In one sense, the â€Å"law† is a large body of rules and regulations, based mainly on general principles of justice, fair play and convenience, have been worked out by governmental bodies to regulate human activities and define what is and what is not permissible conduct in various situations. We use the term in this sense when we say that a person â€Å"obeyed the law† or â€Å"broke the law† and a great deal of your work will be devoted to a study of the rules and regulations applicable to different areas of human activity.Such rules and regulations are sometimes found in our state and federal constitutions, more often in statutes, sometimes in administrative rulings, and in many instances have been developed by the courts themselves in the process of deciding the controversies that come before them. The term â€Å"law†, however, is also used in a much broader sense to denote the whole process by which organized society, through government bodies and personn el (legislatures, courts, administrative tribunals, law-enforcement agencies and officers, penal and corrective institutions etc. attempts to apply these rules and regulations and thereby establish and maintain peaceful and orderly relations between the people in that society. For example, when there is evidence that some person has killed another, or has robbed or stolen or done some other act disruptive of the public peace of welfare, not only do we assert that he has â€Å"broken the law† but we expect that the appropriate agencies of government will in accordance with the rules of law, apprehend and 2 Legal Profession and the Advocates Act, 1961 ring him before the proper court, conduct a fair and orderly trial to determine his guilt or innocence, and if he is guilty, prescribe and carry out appropriate corrective or punitive measures. Even where no public offence is involved, as where John Smith has an automobile collision with Joe Jones, or breaks a promise made to Joe & interferes with his property, or does something else to cause a dispute between them which they cannot peaceably settle between themselves, we expect them to â€Å"take it to court† for a peaceable decision in accordance with the established rules of law.This whole legal process is carried on through the various organs of government by a large number of people – legislators, lawyers, judges, police officers, administrative officials, and many others, most of whom must be intensively trained in various aspects of the system. Law schools are engaged primarily in training future lawyers, judges and others who will operate this legal system. Thus the study of law necessarily involves not only a study of legal rules but also a study of the whole legal system through which society attempts to maintain â€Å"law and order†.For, too many students get off on the wrong foot in law school because they don't understand the real object of their law study. They get the idea that all they are supposed to do is memorize a flock of rules and decisions just as they memorized the multiplication tables in school. Such a notion is fatal. Even though you know by heart all the decisions and rules you have studied in a course you can still flunk the exam. After all, you learned the multiplication tables-not merely to be able to recite them like a poem but to enable you to solve problems in arithmetic.Likewise, you are learning rules of law and studying the court decisions and legal proceedings in which they are applied, to enable you to solve legal problems as they are solved by our legal system. It doesn't make any difference whether you are studying law in order to become a lawyer or judge, or merely for the help it will be to you in business, politics or some other field. In any cause you are after something you can use and apply.To be specific you must learn how to take a particular problem accurately – classify it as it would be classified by a lega l tribunal, discover and apply to it the rules and principles generally applied to controversies in that class, so far as possible, draw the same conclusions and arrive at the same solution as the legal tribunal would, to carry on your own affairs properly, but also to advise others as to their legal rights and liabilities and otherwise take part in the activities of the legal system itself.If, on the other hand, you know a lot of legal rules but can’t apply them and work out a reasonably accurate solution of the everyday legal problems you run into, you simply haven't learned what a lawyer has to know. Consequently, whenever you are reading a law book or discussing a problem in class or reviewing, keep this one thing in mind you're not merely memorizing what the courts and legislatures have said and done in the past. That’s history!You're trying to learn how the legal system works and how to solve future legal problems in accordance with the principles that have been established. Introduction To The Legal Process 3 STUDYING LAW UNDER THE â€Å"CASE METHOD† OR â€Å"CASE SYSTEM† The â€Å"Case system† is based on the idea that the best way to study law is to study the actual court decisions in various types of cases and to derive from them, by inductive reasoning, an understanding of the main fields or classifications in the law and the general rules and principles of law applicable in those fields. The procedure is to have the student read selected â€Å"cases† in â€Å"casebooks† which have been prepared by outstanding legal scholars and then supplement his case reading by lectures, class discussions and a certain amount of outside reading in texts, law review comments and the like. The student's work under this system consists mainly of reading and â€Å"briefing† the cases, attending classes and taking notes, and periodically reviewing the work in each course). Consequently, if you are studying law un der this system you should know the best methods of doing these. Cases† and â€Å"Case Books† Before you can properly read and â€Å"brief† the cases in your casebook, it is essential that you understand what they are, how they came to be written, where the author of your case book got them, and what is in them. In some schools this is adequately explained when you start the first year's work. In others it is not, and therefore it is probably worthwhile to explain these things here briefly even though some of you may already known them. You obviously can't read cases intelligently unless you know what they are.Cases, as we shall use the term in this discussion, are the published reports of controversies which have come before the courts, including the court's decision and its reasons for the decision. These reports usually deal with the decisions and opinions of appellate courts (court's deciding cases appealed from lower courts). Trial court decisions (those ren dered in the first court to which the controversy was taken) are not ordinarily recorded in printed volumes for public distribution, except in the Federal courts, New York and a few other states. In most jurisdictions the pleadings, orders, verdicts, judgements, etc. n the trial courts are merely tied in bundles in the office of the clerk of the court, and the record of the proceedings in trial remains in short hand in the court reporter's notebook unless a case is appealed, in that event, however, the appealing party has the record transcribed, printed and sent to the proper appellate court. Printed briefs are also usually submitted by each party to that court setting forth the arguments pros and cons and the authorities relied on. Each party then has an opportunity for oral argument before the appellate court judges at a time prescribed by them.After the arguments have been heard the judges meet in conference and come to some conclusion as to their decision. One of them is assigne d the task of writing a statement of the decision and the court’s reasons for making it. This is called the opinion, and when he has finished writing it, he submits it to the other members of the court who either approves it, suggest changes, or dissent, in which case they may write a dissenting opinion of their own. After the majority of judges have approved an opinion, it is â€Å"handed over† together with any dissenting opinions.Then, it is given out to the parties and made public in the one way or another. 4 Legal Profession and the Advocates Act, 1961 After they are published, these opinions of â€Å"cases† are customarily referred to or â€Å"cited† by giving the name of the case, the volume number, name and page of the state report in which it is published if it was decided by a state court, the volume number, name and page of the particular unit and series of the National Reporter System in which it is reported, the volume number, name and page o f any other selected case series in which it may have been published and the date it was decided.The â€Å"Case books† which you use in school are made up principally of selected cases taken from these reports (or from English or British Empire reports) and arranged or grouped according to the type of controversy involved in the case, sometimes the author of the case book reproduces the whole opinion verbatim as originally published, sometimes he omits parts of it not regarded as significant, or substitutes a brief statement of his own as to some part which is omitted, but this is always indicated.Therefore a case you read in your case book is normally, an exact copy of what some judge has written in explanation of his court's decision in a particular law suit brought to that court for decision. Reading Cases The fundamental thing in reading cases is to know what to look for. Otherwise you may concentrate on the wrong thing or miss an important point. Perhaps the best way to explain what to look for is to point out what you can normally expect to find in a case and what the judge normally puts or tries to put in his opinion. 1.The first thing you will usually find in a case is a brief statement of the kind of controversy involved. That is, whether it was criminal prosecution, an action of tort for damages, an action for breach of contract, or to recover land, etc. This is usually accompanied by an explanation of how the case got to this particular court; whether it started there, or if it is a matter on appeal (as it usually is), how and why it happened to get there whether plaintiff or defendant appealed, and to just what action of the lower court the appealing party is objecting. . The next thing you will usually find is a statement of the facts of the controversy, who the parties were, what they did, what happened to them, who brought the action and what he wanted. Normally, the judge writing the opinion starts off with a complete statement of the fa cts, but judges are not always careful to do this and you will frequently find the facts, strewn throughout the opinion. Thus you can never be sure you know all about the controversy until you have read the whole opinion.Sometimes the statement of facts is made categorically on the basis of the court's or jury's findings of fact; sometimes it is made by stating what the plaintiff and defendant alleged in their pleadings; and sometimes it is in the form of a resume of the evidence produced at trial, wherever they may appear, however, and in whatever form they may be, determine circumstances out of which the controversy arose. 3. Next comes a statement of the question or questions the court is called upon to decide the various â€Å"issues† (either of law or fact) which must be settled before a decision on the controversy can be reached.Any of you who have done any debating, understand â€Å"issues†, the breaking up of Introduction To The Legal Process 5 a general proble m into specific sub-problems. Some judges are very careful to state the issues clearly; others will leave them to inference from the discussion, or else wander around from one thing to another and leave the precise questions they are deciding in doubt. 4. After the issues comes the arguments, on them a discussion of the pros and cons. This is where logic comes into play. You will recall that there are two main types of logical reasoning inductive and deductive.Inductive reasoning involves the formulation of general propositions from a consideration of specific problems or observations; deductive reasoning involves the application of a general proposition already formulated to some specific situation or problem so that a conclusion can be drawn as to it. In each case the court, having these definite and specific issues or problems to decide, decides or purports to decide them by first concluding what the general rule or proposition of law is as to this type of issue, and then deducti ng the decision on the issue from the general rule.If there happens to be a statute or constitutional provision prescribing a general rule as to questions like those involved in the case, the judge has his major premise and will devote his argument to a consideration of its scope and applicability to the issues in the case. If there is no statute or other prescribed general rule, the judge will try by induction to derive one from the decisions and opinions to previous cases involving issues similar to those in the present case, or from general principles of fairness, policy and common sense, and then apply it to the issues at hand and deduce his conclusion. . Finally, after the argument on all the issues (and sometimes good deal of irrelevant argument and discussion), the judge states the general conclusion to be drawn therefrom, and winds up the opinion with a statement of the Court's decision. For example: â€Å"Judgement affirmed†, â€Å"Judgement reversed†, â€Å" Case remanded†, â€Å"New trial ordered†, etc. It is to be remembered, of course, that legal opinions do not all follow the same order and are not all cut from the same pattern. They are written by many different judges, each of whom has his own style of writing and his own particular method of resenting a legal argument. Some opinions are not as easy to understand as others and it would be erroneous to assume in reading them that they are all perfect. Courts frequently disagree as to the principles that ought to be applied in certain types of controversy and occasionally the same court will change its view as to the law on a particular point. In reading these cases, you are not trying to find the reasoning from what various courts have actually decided in particular cases the rules and principles most frequently applied and most likely to be applied by them in future cases of that type.Now, having in mind what you can expect to find in the cases, and also the fact that they are not necessarily perfect and seldom embody an unchanging principle or universal truth, you are in a position to read them intelligently. It's not a bad idea, however, to adopt a systematic method of reading them: The following has proved effective, and you might try it as a starter. First get a clear picture of the controversy involved. Get all the facts and issues straight. Consider the following: 6 Legal Profession and the Advocates Act, 1961 What kind of an action it is,Who the parties were, What they did and what happened to them, Who brought the action, what he wanted, What the defence was, What happened in the lower court (if it's a case of appeal), How the case got to this court, Just what this court had to decide. At this point, stop for a moment. Look at the problem first from the plaintiff's point of view, then from the defendant’s. Ask yourself how you would decide it, what you think the decision ought to be. Compare this case with others you have studied on the same topic. What result do they indicate ought to be reached here.By doing this you put yourself in a better position to read the court's argument critically, and spot any fallacies in it. We are all somewhat prone to accept what we read in print as the Gospel, and this little device of considering the problem in your own mind before reading the court's argument is a rather effective means of keeping a critical attitude. Now read the argument and the court’s conclusions. Consider the various rules and propositions advanced on each issue and the reasons given for adopting them. See whether the conclusions drawn follow logically from those rules.Then ask yourself whether you agree with the court, and if not, why not. Consider also how the result in this case lines up with other similar cases you have studied. In thus analyzing the court's argument and conclusions it is important to distinguish carefully between the rules and propositions of law actually relied upon by th e court in deciding the issues involved in the case (these are called â€Å"holdings†) and other legal propositions and discussion which you may find in the opinion but which are not relevant nor applicable to the issues before the court (these are called â€Å"dicta†).When the case was before the court, counsel for the opposing parties probably availed themselves of the opportunity to prepare fully and present to the court their arguments, pros and cons upon the issues involved in it, and the court thus had the opportunity to consider all aspects of each issue, choose the better result and â€Å"hold† with that view. Dicta, however, not being relevant to the issues before the court, was probably not argued by counsel nor thoroughly considered by the court. It was not necessary to the decision of the case and the court may have stated it casually without considering all aspects of the problem.Courts in each jurisdiction regard their own prior â€Å"holdingsâ₠¬  as creating binding precedents which they feel obliged to follow in later cases involving the same issues. This is called the doctrine of stare decisis and makes for stability and predictability in the law. Dicta, on the other hand, being casual and not a matter of actual decision, is not regarded as establishing law which will be binding on the court in a subsequent case. Thus the former case containing the dictum is not a controlling â€Å"authority† on the question although it may be followed in later decisions. Introduction To The Legal Process 7THE CASE METHOD FROM THE STUDENTS’ POINT OF VIEW One of the important developments of Indian Legal Education in the last few years is the introduction of the â€Å"case method† of teaching in several Indian Law Faculties. The â€Å"case method† sometimes called the â€Å"discussion method† is a term that has been used to describe a wide variety of teaching methods, but the one common element of thes e methods usually is the use of actual court opinions as the basis of analysis and discussion in the law classes. The advantages of the â€Å"case method† do not have to be repeated at length here. Eminent Indian scholars have already commented on those advantages.Suffice it to say that one basic purpose of the method is to engage the student himself in the process of thinking through the meaning and implication of legal principles as set down in court cases. Instead of the passive role which the student may often take when his teacher 1ectures, in the case method the student must himself actively engage in considering the basis of legal rules and the teacher assumes more the role of protagonist and discussion leader, asking question to students, debating points with them, sometimes playing the devil's advocate to force students to think for themselves.The sine qua non of good classes using the case method is prepared by students who have had access to cases prior to class, a nd who have and analysed those cases. Further more, the student's activity in reviewing his subject matter and preparing and writing examinations will often be different when the case method is used, from that which it would be under a lecture method. For one thing the examinations themselves are usually different. When the case method is used as a teaching technique, examinations usually take the form of hypothetical fact situations, i. e. hypothetical case, calling upon the student to decide the case and give his reasons, or calling upon the student to play the advocate's role and write the best possible arguments for one side or another of the case. Each student has his own unique way of studying, which suits him and is most productive for him. He will adapt his study habits for the case method. However, it might be useful for him to know how students who have been studying under the case method for some time, go about their studies. If the Indian student knows this, he may find some aspect or other useful and adaptable for his needs.These study methods can be divided into five parts: 1) study before class; 2) the classroom discussion; 3) study or review study after class; 4) preparing for the examination; 5) writing the examination 1. Study before class: Assuming one or more cases have been assigned to students to read and prepare for discussion in the next class, how can one best understand that case or these cases? He can, of course, simply read them and take notes. But one of the important aspects of the case method is 8 Legal Profession and the Advocates Act, 1961 learning a method of analysis for law cases.If the student approaches his case reading with a framework for such analysis, he is likely to derive more benefit from his reading, and be able to contribute more in the classroom discussion. Students’ practice in the case method is often to use a key or guide for analysing law cases. The key or guide has four parts: the facts, the essential question, the answer or court decision on that question, and the reasons for that decision. Each law case can be analysed into these four parts, and such analysis is often called a â€Å"case brief†. Let me be more specific.The case brief (which many law teachers require students to prepare on paper in their notes, and to bring to class) should be a short synopsis of the law case organised along the four parts mentioned above, as follows: F: (Facts: a brief two or three line summary of the essential facts of the case i. e. those facts necessary for the decision. ) Q: (Question: a one line question formed to pose the major issue in the case). D: (Decision: The court’s holding: Something this can be â€Å"Yes† or â€Å"no† in answer to the question. The court's order can then be stated, e. g. â€Å"affirmed†, â€Å"appeal dismissed†, etc. R: (Reasons: Here the reasons can be listed in number outline form). The whole case brief should be indee d â€Å"brief†, that is, it should not be a long type written or handwritten affair which attempts to include everything which the case itself includes. It should contain only the most salient points, in abbreviated form. Often the page number in the case-book can be jotted in the brief next to relevant reasons, to remind the student where he can find that point in the book so that he won’t feel it is necessary merely to copy out, word by word, any portion of the case.The emphasis in all such preparation should be on thinking an analysis, not on copying or memorizing. The brief should always be available to the student to refer to in the classroom, and also at a later stage when he is reviewing. Now let us turn to an example. Let us take the case of Abdul Azis vrs. Masum Ali, an Indian contract case reported at 36 Allahabad 268 (1914). The following might be one student's case brief of this case. You will note that abbreviations are used whenever possible. (df = defend ant; pl = plaintiff: lc = lower court; tc = trial court; ap = appeal, etc. ) F: Subscription for mosque f MAK was treasurer He pledged Rs. 500/- to subscription JM gave cheque to MAK for Rs. 500/MAK presented cheque which was refused as irregular. 1 year later MA, presented it again as corrected, but now refused as too old. MAK died. PL mosque committee sues MAK's heirs both for MAK's pledge and for JM’s cheque amount. Later MJK died. Introduction To The Legal Process 9 P: facts: (procedure facts): tc for pl on MAK pledge, for df on JM's cheque question App. Ct for pl on both. : Q: Can pl recover on charitable promise here? Can pl recover on cheque mishandling here? D: No to both (Dismiss both causes)R: Ist Cause of Action, the pledge: â€Å"mere gratuitous promise†, no consideration. MAK as Treasurer? but he did not â€Å"set aside† funds. 2nd Cause of Action cheque mishandling: No duty to handle correctly. Voluntary office of treasurer could cease anytime. Now in the classroom discussion many facts of this case can be brought out, and attention may be directed to provisions of the Indian Contract Act which the court may have overlooked. Nevertheless, the student can prepare the above case brief before class, and if he does so he will be forced to look for the key facts and the key question in the case.He may, particularly at the beginning, often be wrong in his case to judge as to what are the key facts or questions, but during classroom discussion this should become apparent to him, and he will learn by this process. This is the first step of effectively learning through the case method. 2. The Classroom Discussion: In class, the student should have his brief in front of him. The teacher may call on a particular student to begin the discussion by stating the case, i. e. by stating in turn the facts, question, decision, and reasons, from his case brief.Discussion can proceed on each of these, as to whether the student has been correct in his analysis, whether another way to analyse the case might be better, whether the existence of particular facts were essential to the holding and if so why, what is the precise holding or â€Å"precedent† value of the case, and whether the court was correct either in its holding or in its reasoning. The student should try to take brief notes during class to jot down the important points brought out in class. One way which some students find useful in doing this, is to prepare each case brief on a new page of notebook, paper.If the brief takes about one-half page, then the student can lay down his notes from the classroom discussion just below his case brief, and on the book of the page. Thus both his case brief and his classroom notes are located together for easy reference at a later stage. 3. Study or Review after Class: It is always useful, if there is time, to review the subjects which were discussed in class immediately after that class, to add to one’s notes, a nd to clear up any questions one has in his mind. When the classes have completed each section or each chapter of a case book, i. e. t the end of each sub-division of the course material, the student should begin the vitally important process of â€Å"outlining† the subject matter of that portion of the course. At this stage he will have before him all his case briefs and classroom notes on all the cases assigned for that portion of the course. He will also have his case book, with its questions and notes. He should then try to inductively assimilate this â€Å"raw material† into a logical consistent set of principles. This is a key 10 Legal Profession and the Advocates Act, 1961 step in his thinking and learning, and one vitally different from the lecture method.Here the student must himself take the raw data of the law, the court opinions and derive from them the general rules, exceptions, and reasons which in the lecture method might simply have been presented to hi m for memorization. It is the process of doing this for himself that brings insight and understanding to the student. He can, of course, turn to treatises and text books to assist him in this process (in a sense, his outlining is a process of writing his own text book), but it is always better to try to outline himself first, before turning to someone else's work.If this outlining is short circuited, then the student misses the understanding and he will be unable to cope with a well constructed examination which should attempt to test his understanding and not just his memory. 4. Preparing for the Examination: At the end of the term, the student should complete his outlining for any portions of the course for which he has not completed it before. He then can use these outlines for review purposes, dipping back into his case briefs, classroom notes and case book as needed to refresh his recollection.One effective technique of studying at this stage, which many students use, is a smal l discussion group, usually of three students in the same course. These students can compare their outlines, explain to each other the points they include in them, and test each other orally by posing questions and hypothetical cases to each other, for discussion. 5. Writing the Examination: Here a few simple guidelines may help. First, allocate your time wisely. If the examination is three hours in duration and five questions must be answered, allocate one-half hour to choose your questions, and then one-half hour to write each answer.Be ruthless about stopping at the end of a half hour on a question, because if you are forced to leave out (or hurry through) any question, this is likely to penalize you in your score more than leaving out a few final fine points of another question. Second, outline your answer before you begin to write. Particularly with the problem or hypothetical type examination question, it is important to spend about one third of your allocated time in analysin g and thinking through the problem. Jot down on a spare piece of paper a rough outline of your answer, and only then begin to write.Third, write legibly. These are a few of the methods which many good students have used for year and years, when they have studied law by the â€Å"case method†. You may find some of these methods useful in your own study. The important thing to remember, is that the purpose of the whole processstudying, classroom discussion, examinations, etc. is to give you a basic understanding of the law, its sources, its rules and their limitations and the reasons for those rules. Now let me turn to a few additional points that may be useful in studying under the case method.It is important to realise that there are a variety of view points from which a case or rule of law can be approached. It is not enough to simply ascertain â€Å"what is the law†, in some general abstract sense. There are other relevant questions which can be posed also, such as à ¢â‚¬Å"What should Introduction To The Legal Process 11 be the law†. For example, consider the following four approaches to a particular case or fact situation, taken partly from the actual work of a practicing lawyer. First might be called the â€Å"planning transacting† approach.In a given situation, a lawyer may be called upon to advise a client about the best way to go about some business or personal activity. At this stage the prime consideration is getting the objectives accomplished with the least risk of something going wrong. If the problem is drafting a contract, or preparing a will then the lawyer will need to know what the problems and pitfalls are so that he can word the language of the instrument in such a manner as to avoid future controversy or litigation.He may not, at this stage, need to know precisely what the law is regarding each of his problems (the law may, indeed, be unsettled on those points), but he must be able to spot the problem so that he ca n avoid it. Second might be called the â€Å"predicting† approach. In some circumstances the lawyer is called upon to perform a task which basically is to predict how a court might rule on a question. Justice Holmes, in the U. S. is quoted as saying that law is nothing more nor less than a prediction of what the courts will do in a particular circumstance.The situation like this arises when a client comes to a lawyer with a dispute which has already arisen, and asks the lawyer whether he should sue in court. The lawyer may advise the client partly on the basis of his prediction whether the client will win. To a certain degree this is stating to the client what the law â€Å"is†, since the lawyer knows that the court's decision will be based on that law. Third might be called the â€Å"advocacy† approach. For instance a client has decided to bring a law suit (either with or against his lawyer’s advice).Now it is the lawyer's task to do the best job of advo cacy which he can do for his client. Under the adversary system of courts which we have, this is a very important function, because the philosophy is that if each side presents their best possible arguments, the courts will be able to rule more justly on the issue. But here the lawyer's function is different from that of the two previous approaches. In this approach it is his task to marshal the strongest arguments, not to predict, nor to â€Å"avoid† problem issues. Fourth, and finally, comes the â€Å"judicial† or â€Å"legislative† approach.In this instance the lawyer (as a judge, legislator, member of a commission or committee, etc. ) is called upon to give his view as to what the law should be. Once again, this approach differs from the previous ones described. Each of those tasks or approaches requires skills a bit different from the other. It is important for the law student to develop his talents in each of these directions. One way of doing this is to o ccasionally analyse a case, either in his private studies or in classroom discussion, according to each of these four approaches.As your self, in connection with a particular case on contracts or wills, how could I prepare a similar will or contract, which would have avoided the litigation described in this court opinion? Ask yourself if presented with this case today, or a similar case, how would I predict the courts would decide? Ask yourself, if given the task to argue for the plaintiff which arguments would I use? (Then ask the same question for arguments for the defendant). Finally, ask yourself, what should be the rule of law in that situation? The same analysis can be used in almost any law subject. THE INDIAN LEGAL SYSTEMJoseph Minattur INTRODUCTION To delve among the laws of India is like bathing in the holy waters of Triveni. It leaves one refreshed and delighted; refreshed from the pleasant contact with almost all the legal systems of the contemporary world, and delighted at the hopeful realisation that here in the Indian legal system lie the seeds of a unified, eclectic legal order which may soon grow into maturity and spread its branches, like a banyan tree, all over south and southeast Asia. Three main streams join together to form the Indian legal system. That of the common law is perhaps the most dominant among them.Then there is the stream of laws springing from religion. The third is that of the civil (‘romanist') law which energizes the system with unruffled ethical verve and accords comeliness to its contours. Trickles of customary laws cherished by tribal societies and other ethnic communities also flow into the main stream. Like the Sarasvati near Prayag, the element of the civil law is not easily perceptible, though it permeates the entire structure. So a word of explanation is perhaps warranted. The very idea to a code appears to have been derived from the codes of continental Europe.When in 1788 a codification of Hindu law on con tracts and succession was proposed by Sir William Jones to Lord Cornwallis, it was conceived to be on the model of the â€Å"inestimable Pandects of Justinian†. On 18 May 1783 â€Å"A Regulation for forming into a Regular Code, all Regulations that may be enacted for the Internal Government of the British territories in Bengal† was passed by the Governor-General and Council, some eight years earlier, in 1775 Warren Hastings had A Code of Gentoo Laws or Ordinations of the pundits prepared and translated by Halhed a Judge of the Supreme Court at Calcutta.The same year Bentham offered to act â€Å"as a sort of Indian Solon† and thought of â€Å"constructing an Indian Constitutional code†. James Mill, one of his disciples at India House thought that his Draught of a New Plan for the France was applicable to India. Speaking on the Charter Bill of 1833 Macaulay said: I believe that no country ever stood so much in need of a code of laws as India, and I believe also that never was a country in which the want might so easily be supplied. Section 53 of the Charter Act, 1853 declared that it was expedient: that such laws as may be applicable in common to all classes of the inhabitants†¦ ue regard being had to the rights, feelings and peculiar usages of the people, should be enacted: and that all laws and customs having the force of law should be ascertained and consolidated and, as occasion may require, amended. The first Law Commission immediately after its appointment in 1833 with Macaulay as its President took up the task of codification. Under Macaulay’s personal direction it prepared its first draft of the Indian Penal Code and submitted it to the Governor-General in Council on 14 Legal Profession and the Advocates Act, 1961 3 October 1837. When there were complaints that the progress of the Commission's work was unsatisfactory, Macaulay compared its progress with that of the authors of the French codes. He pointed out that t hough the French Criminal Code was begun in March 1801, the Code of Criminal Procedure was not completed till 1810. It is also interesting to find half of the last century were on the same branches of law as were the French codes enacted earlier. Neither in India nor in France was enacted a code on the law of civil wrongs.It is true that there was no comprehensive enactment on torts in England, but then there were no comprehensive enactments in England on any of the subjects covered by the Indian codes. It is not only in cherishing the idea of codification that the British Indian authoritiesexecutive as well as legislative bodies-appear to have been indebted to continental codes. As early as 1686 in a letter sent to Bombay the directors of the East India Company had expressed the view that: you are to govern our people there, being subject to us under His Majesty by the law martial and the civil law, which is only proper to India.The first Law Commission which drafted the Indian pen al Code acknowledged its indebtedness to the French Penal code. In a letter of 2 May 1837 addressed to the GovernorGeneral the Commission stated that it derived much valuable assistance from the French code and from the decisions of the French courts of justice on questions touching the construction of that Code. It â€Å"derived assistance still more valuable from the code of Louisiana prepared by the late Mr. Livingston†. The second Law Commission which sat in London from 1853 to 1856 expressed its view that: hat India wants is a body of substantive civil law, in preparing which the law of England should be used as a basis. It, however, emphasised that such a body of law ought to be prepared with a constant regard to the conditions and institutions of India, and the character, religious and usages of the population. It also stated that in the social condition existing in India it was necessary to allow certain general classes of persons to have special laws, recognised and enforced by our courts of justice, with respect to certain kinds of transaction among themselves.The Commission gave final shape to Macaulay's Penal Code; it also prepared drafts of the Code of Civil Procedure and the Code of Criminal Procedure incorporating into them materials left by the first Law Commission. The Legislative Council adopted the Code of Civil Procedure in 1859, the Penal Code in 1860 and the Code of Criminal Procedure in 1861. The third law Commission, appointed in 1861, was enjoined to prepare for India a body of substantive law, in preparing which the law of England should be used as a basis. The fourth law Commission expressed a similar view when it recommended in 1879 that English law should be 4 Legal Profession and the Advocates Act, 1961 made the basis in a great measure of our future Codes, but its materials should be recast rather than adopted without modification. It, however, added that in recasting those materials due regard should be had to Native habi ts and modes of thought. The influence of Scots and their law on the framing and adoption of the early British India codes and other enactments deserves to be mentioned. For a number of Scots in the 19th century their prospects were not only along the highway to London, but from there across the high seas to Indian ports.Macaulay himself was of Scottish descent. Even when Scots were members of the English Bar, they were imbued with concepts derived from the civil law system. In the same way a they would prefer to preserve Scots law unsullied by English notions of Legal rule, they were inclined to keep Indian law unsullied by intrusions and erosions to English rules of law and tended to give due regard to native habits and modes of thought. We shall refer to few instances where the influence of the civil law is clearly discernible.Section 11 of the Indian Evidence Act adopted in 1872 could not have been enacted in a fit of absent-mindedness. The section which lays down guidelines to determine relevance in the admissibility of evidence is a clear, and presumably a deliberate, departure from the English rule and brings the Indian law in this respect very relevant and fair. Another provision which is of interest in this regard is section 165 of the Act. Commenting on it, Stephen has said: Section 165 is intended to arm the judge with the most extensive power possible for the purpose of getting at the truth.The effect of this section is that in order to get to the bottom of the matter before it the court will be able to look at and enquire into every fact whatever. The Indian judge appears to be invested with ample powers under the Act to get at the truth and form his own conviction at time. It is not unfamiliar learning that the framers of the Indian Contract Act adopted several provisions of the Draft New York Civil Code. The Contract Act which does not purport to be a complete code only defines and amends certain parts of the law of contract, so that a rule of t he Hindu law of contract like Damdupat is not abrogated.The rule stipulates that interest exceeding the amount of principal cannot be recovered at any time. It is still in force in some parts of India. The reason for not interfering with a rule like this must have been the sense of fairness cherished by the framers of the Act, though no such rule existed in English law. In the law of contract, consideration plays a significant role in India as in England. But the words of section 25 of the Indian Contract Act which accords validity to a registered agreement, even though without consideration, appear to reflect the concept of cause in French law.In this brief introduction it is not intended to indicate all departures from English law in the Indian statutes. It may, however, be emphasised that when such departures were made, the legislators were generally induced to do so on consideration of what they thought suited Indian conditions or on considerations of equity. Legal Profession an d the Advocates Act, 1961 15 It is generally assumed that India is a common law country. This assumption may have been justified to a certain extent if applied to British India. It is true that many of the concepts and most of the judicial techniques are of common law origin.But there is more than a sprinkling of other concepts and techniques, which cannot be overlooked. Indian codes or judicial procedure owe a great deal to procedure in England. But with the introduction of nyaya panchayats (village tribunals) which are indigenous in origin the English procedure has been virtually replaced at the grass root level. The functioning of nyaya panchyats may not be as widespread as is desired: the fact however remains that at present there is a less formal procedure than the one followed until recent years.There is also general dissatisfaction, if not hostility to the complex, protracted procedure derived from the common law system. With the reign of dharma which may be equated with equi ty while it comprises the concept of law unopposed to justice, there was no need in India to think of a separate branch of law known as equity detached from common law. We have already adverted to certain departures from English law even when rules of English law were believed to have been codified for the benefit of the Indian people.Neither the expression ‘justice and right’ in the Charter of 1726 nor the phrase ‘equity and good conscience’ or ‘justice, equity and good conscience’ in several regulations and Acts could have meant principles of English law. The Judicial Committee of the Privy Council was careful in its use of words when it pointed out that equity and good conscience had been â€Å"generally interpreted to mean rules of English law if found applicable to Indian society and circumstances†. It has been observed that from 1880 or there about to the present day â€Å"the formula has meant consultation of various systems of l aw according to the context†.At present the Supreme Court of India is inclined to think that the phrase has given a connotation consonant with Indian conditions. In the early nineteen sixties a number of territories where the civil law prevailed became parts of the Indian Union. In the Union territory of Goa, Daman and Diu, Portuguese civil law was in force, even after the extension of several Indian enactments to the territory, it is generally the provisions of the Portuguese Civil Code which apply to the people of this territory in matters of personal law.In the former French settlements of Pondicherry. Karaikal, Mahe and Yanam which, when ceded, were formed into the Union territory now known as Pondichery, there are Indian citizens who are governed in matters of personal law by the provisions of the French civil code as they existed at the time of the cession. There are also other renoncants who are French citizens living in Pondicherry to whom provisions of the French Civi l Code relative to personal law will apply with all subsequent amendments.In these circumstances, the element of the civil law in the fabric of Indian law cannot be brushed aside as negligible. And this element affects domestic relations which are on negligible part of a citizen's life. The customary laws of various tribal communities and other ethnic groups also form part of the law administered in India. To cite one instance: matriliny among the Mappila Muslims of Kerala, though not favoured by the tenets of Islam, is permitted to play a decisive role in the rules of succession applicable to them.In the light of the presence and prevalence of French and Portuguese laws, customary law of various ethnic groups and laws based on religion of the several communities, the introduction 16 Legal Profession and the Advocates Act, 1961 of indigenous judicial procedures in village tribunals and several other factors, one cannot possibly close one's eyes and regard the Indian legal system as belonging to the common law family. It would be more justified to regard it as a mixed system.If Indonesian law with its admixture of customary laws based on religion could be regarded as a mixed system there is no reason why Indian law should not be so regarded. Though the provisions of the French and the Portuguese civil codes relative to domestic relations are in operation in certain regions only, laws grounded in religion or custom are followed all over the country. The mosaic of Indian law may have a large number of common law pieces; but marble quarried from France and Portugal, gold leaves brought from Arabia and clusters of Precious stones gleaned form Indian fields do deserve to be discarded.When India adopts a civil code, under the directive in the Constitution it is likely to be eclectic in character, it may have in it a harmonious admixture of various laws based on religion and customary laws, as well as provisions derived from western codes and the English common law. O wing to its eclectic character and especially because it would attempt to harmonise provisions of personal laws derived from religion prevalent in the region, the civil code may be found worthy of emulation in south and southeast Asia.It may thus pave the way for unification of laws, though perhaps limited geographically in extent. If in ancient days, Indian culture was permitted, without any hitch or demur, to permeate social and political institutions and life in general in this region, there is no reason why Indian legal culture cannot play a similar role in the near future as well. The Indian Prime Minister recently expressed his hope that during the next nine years, India would achieve significant progress in every field and would provide guidance and inspiration to other countries.He also stressed that India's influence had been increasing in Southeast Asia and West Asia. Even when one is not sure whether the mention of nine years has any special significance, one can hopefull y assume that if an Indian civil code is adopted soon, it may tend to guide and inspire legislators in the neighbouring states. What the Napoleonic code has done for continental Europe, the Americas, and parts of Asia and Africa, a well-framed Indian civil code may easily do for south and Southeast Asia. ***** Legal Profession and the Advocates Act, 1961 17 OUR LEGAL SYSTEM N. R. Madhava MenonThe legal system of a country is part of its social system and reflects the social, political, economic and cultural characteristics of that society. It is, therefore, difficult to understand the legal system outside the socio-cultural milieu in which it operates. It is true in the case of India also even though the legal system we now have is largely the gift of the British rulers. There is a view that the system is still alien to the majority of Indians whose legal culture is more indigenous and whose contact with the formal legal system (the imported British model) is marginal if not altoget her non-existent.The language, technicality and procedure of the inherited legal system are indeed factors which limit access to justice for the illiterate, impoverished masses of our country. Nevertheless, the rights and benefits conferred by the laws and the Constitution offer the opportunity for those very people to enjoy the fruits of a welfare democracy which the people of India have given unto themselves on the 26th January 1950. It is in this context familiarity with law and its processes becomes essential to every Indian, rich or poor, man or woman, young or old. Components of a Legal SystemA legal system consists of certain basic principles and values (largely outlined by the Constitution), a set of operational norms including rights and duties of citizens spelt out in the laws -Central, State and local, institutional structures for enforcement of the laws and a cadre of legal personnel endowed with the responsibility of administering the system. The Constitution: The Funda mental Law of the Land The Constitution of a country is variously described depending upon the nature of the policy and the aspirations of the people in a given society.It is generally a written document and assumes the character of a federal (several independent units joined together) or unitary form of government. India is declared to be a Socialist, Secular, Democratic Republic. It is said to have a quasi-federal structure. The Constitution of India represents the collective will of 700 million Indians and, as such, the reservoir of enormous power. It describes the methods by which this power conferred on the State is to be exercised for the benefit of the people.In other words, it is a political document which distributes State power amongst different organs (Central and State Governments, Legislative, Executive and Judicial wings of each Government) and regulates its exercise in its incidence on the people. The form of government is democratic and republican and the method is p arliamentary through adult franchise. The goals are spelt out in Preamble itself which seeks to secure to all citizens: â€Å"Justice, social, economic and political; Liberty of thought, expression, faith and worship; Equality of status and of opportunity, and to promote among them all. Fraternity assuring dignity of the individual and the â€Å"unity and integrity of Nation†. 18 Legal Profession and the Advocates Act, 1961 To achieve this goal of dignity of the individual with justice, liberty and equality the Constitution guarantees certain Fundamental Rights and provides for its enforcement through the High Courts and the Supreme Court. These basic Human Rights include: (a) Equality before law, (b) Equality of opportunity in matters of public employment. (c) Prohibition of discrimination on grounds of religion, sex etc. (d) Protection of life and personal liberty. e) Protection of right to freedom of speech, of assembly, of association, of movement and of profession or oc cupation. (f) Prohibition of forced labour, (g) Right to freedom of religion, (h) Protection of interest of minorities, and (i) Right to constitutional remedies for enforcement of the above rights Further, towards achieving the goals set out in the Preamble, the Constitution gives certain Directives to State to follow in its policies and programmes. Principles of State Policy have been recognized to be as sacrosanct as Fundamental Rights.In other words, they together constitute a reference for State action in every sphere. The Constitution envisages a unique place for the judiciary. Apart from overseeing the exercise of State power by the Executive and the Legislatures of the State and the Central Governments, the Supreme Court, and the High Courts are charged with the responsibility of effectively protecting citizens' rights through its writ jurisdiction. This offers a cheap and expeditious remedy to the citizen to enforce the guaranteed rights.The Supreme Court liberalized the rul es so as to enable poor and illiterate citizens to have easy access to courts for enforcing their basic rights. The Rule of Law is supreme and the independence of judiciary is reality in our country. This forms the bulwork of democracy and compels every one to abide by the law in his own interest. Constitutional government principles involved in it ought to be understood and subscribed to by every Indian if we are to succeed in our declared goals. Laws, Civil and CriminalThe laws of the country are too numerous, varied and complex; they are bound to be so because law is as large as life itself which is increasingly becoming complex in, every sphere. In a Welfare State like ours, laws are at the more so because they are expected to regulate a variety of social and economic activities so as to subserve the common good. Inspired by the Constitution, Parliament, State legislatures and local councils make and unmake the laws day in and day out as the occasion demands. Courts interpret th em in specific fact situations and, in the Legal Profession and the Advocates Act, 1961 19 rocess, extend the scope and application of the laws. The common man may get lost in the maze of legislations coming from all sides and contribute to its complexity by creating his own laws through contracts and agreements with others he has to deal with. On the basis of the remedies sought and the procedure followed, all laws can be grouped into two categories, namely, Civil Laws and Criminal Laws. Broadly speaking, criminal law is concerned with wrongs against the community as a whole, while civil law is related to the rights duties and obligations of individual members of the community between themselves.Civil Law includes a number of aspects which may be grouped under six or seven major headings such as family law, the law of property, the law of tort, the law of contract, the law relating to commerce and business, labour law, law of taxation etc. Family law, which in India has its source both on statute and religion, comprises of the laws governing marriage, divorce, maintenance, custody of children, adoption inheritance and succession. Though the Constitution envisages a Uniform Civil Code, each religious group at present follows largely its own norms in matrimonial and family relations.The law of property includes rights of ownership, transfer, mortgages, trusts, intestacy and similar matters. The law of contracts, is concerned with the enforcement of obligations arising from agreements and promises. This includes transactions such as sale of goods, loans of money, partnerships, insurance, guarantees, negotiable instruments, agency and the like. The law of torts deals with propriety of actions and infraction of duties. Injuries to person or property caused by failure to take reasonable care and caution leads to actionable wrongs under tort, which usually compensates the victim of such injuries.Laws of commerce and business, which includes contract law, relate to e conomic operations of individuals, partnerships and companies and governmental regulation of them. Even law of taxation forms part of commercial laws. Labour law deals with the relationship between employer and employees in the production and distribution of wealth. Criminal law is concerned with public wrongs or wrongs against the order and well being of the society in general. The persons guilty of such wrongs are prosecuted and punished by the State.These wrongs are specific and are defined in the Penal Code and a few other special and local laws. One important aspect in this regard is that criminal laws insist (apart from a few exceptional offences) on a particular intent or state of mind as a necessary ingredient of a criminal offence. It also recognizes degrees of criminality and gradations of crime. Ignorance of law is never taken as an excuse. Certain situations where guilty intention could not have been entertained such as infancy, insanity mistake of fact etc. they are rec ognized as defences to criminal responsibility. Offences are classified on the basis of the objective or otherwise. Thus there are crimes against the human body, property, reputation of the individual, against the State or against public rights. On a procedural basis they are classified as cognizable and non-cognizable (cognizable are those in which the police can investigate or arrest persons without judicial warrant), bailable and non-bailable, compoundable or otherwise. 20 Legal Profession and the Advocates Act, 1961Procedural Laws, Civil and Criminal Most proceedings in the Supreme Court and the High Courts are governed by Rules of Procedure made by the Courts themselves under powers given by statute. The Civil and Criminal Procedure Codes and the Evidence Act do apply to judicial proceedings in these courts as well. The writ procedure under Articles 32 and 226 is unique to these courts and is intended for the quick enforcement of Fundamental Rights whenever they are threatened by the State or its agencies.In such situations citizens can approach these courts even through a letter sent by post as the Supreme Court has declared that procedure should not be allowed to come in the way of dispensation of justice. For the enforcement of civil rights and obligations a suit before a civil court is usually instituted. The procedures for trial and appeals including execution of decrees and orders are laid down in the Code of Civil Procedure. Valuation of suits for purposes of jurisdiction is made according to the Suits Valuation Act.The amount of court fees to be paid on plaints and appeals is determined by the Court Fees Act. The Limitation Act prescribes the periods of limitation with in which suits can be filed. The Evidence Act regulates the relevancy, admissibility and probative value of evidence led in courts, civil and criminal. The trial is in the nature of adversary proceedings where two parties oppose each other in a suit or action between parties. The pr ocedure commences with ‘pleadings’, which set out the precise question in dispute or the cause of action.The opposite party (the defendant) may file a written statement to admit or deny the allegations in the plaint. The pleadings may be supplemented by the parties by making admissions of fact, answers and interrogatories, oral statements before the court and by admissions and denials of documents filed by them. The hearing of a suit commences with the serving of a copy of the plaint to the defendant. A party can appear himself in court for the hearing or make appearance through an agent or a pleader. According to the Advocates Act right to practise law before courts is given to Advocates only.In the proceedings, parties have to summon their witnesses for deposing in court. The trial involves recording of evidence of witnesses on a day-to-day basis at the conclusion of which judgment is to be pronounced in open court. Because civil proceedings are private matters, they can

Brandy Norwood

To develop a healthier eating habit for dent that work out in the gym instead of eating junk food while exercising eating healthier will help control weight, improve health conditions and diseases, and also boosts energy levels to perform better while exercising. Give some background information about why you are proposing your suggestion so that the reader has a better understanding of the problem. The gym should be a positive place to work out at, when you go to a vending machine to get a snack what would you eat? Snickers or a granola bar?Students don't have the option to make that decision. Time and time again I e students having to make the wrong choice by eating unhealthy. Making vital decisions to choose to eat unhealthy because they don t have healthier items to offer students. This effects the students in many ways this makes the student unfit after having a full work out, this puts more calories into the students body that they just burned while working out, and lastly it d oesn't stimulate the body as would a healthier choice item Having them ready to go to class to be ready to participate in class.State a solution to the problem; this is where you give specifics about your suggestion. A solution to this problem would be to take an evaluation from the student body, where they are able to voice their opinion on if they fill that they want a healthier vending machine in the recreational center. If so move forward and by getting the student body to get the Southern University to provide a better vending machine by asking if Southern University A&M college could add a 1. 00 charge to tuition to make a possible attraction for students in their health.The dollar will exceed beyond its limits there are a little over 5,000 students that attend Southern University at the moment which is the cost of a vending machine from BBS. Com. The money that we assets from the student body every semester will go towards healthier vending machine primarily in the gym. This also will be for maintenance of the machine and also to cut cost. By working with this company they would be able to give the university a discount. Continue with any costs that will be involved. It was added in the previous paragraph Conclude by restating the problem and proposed solution.To develop a healthier eating habit for student that work out in the gym instead of eating junk food while exercising eating healthier will help control weight, improve class participation , and also boosts energy levels to perform better while exercising. The conception of having a better quality and healthier environment for people that uses Southern university a&m college recreational center. Is the ideal good or bad to use a survey of 25 stimulating questions to get to the bottom of it once and for all? How do students really feel about having Auditor or yogurt ? Would they rather drink a coke or a bottle of water?What do students want? Student survey (6-7 ) questions ). How will healthy vendi ng machines in the recreational center help improve students' performance? 2). If a healthier snack machine was put into the recreational center would you purchase snacks? 3). What snacks would you like to see put into the machine? And why? 4). Do you think students will perform better if eating heather snacks while working out? 5). What snacks would you not support being a part of the snack machine? 6). Has this ever been a concern for you to see heather snacks in the vending machine? People that uses Southern University a college recreational center.

Assessment of The Economic Climate in Britain, Pertaining to Starting Essay

Assessment of The Economic Climate in Britain, Pertaining to Starting up a New Business - Essay Example ntinue pumping money in economic condition, the year (2012) closing with triple dip recession alarm with industrial production dropped by 9.8% as compared to 2011 and highest decline in 20 years (Elliot, 2012), results in imposing negative pressure on the business start ups as it seems difficult to reap considerable profits in this economic condition. On the other hand the positive signals such as growth forecast to remain 0.9% in contrast to -0.1% in 2012 and the UK job hiring pick-up (Murray, 2013), encourage the entrepreneurs to establish their own business set up as there are growth chances. Year 2013 gives mixed signals of growth such as reports of further decline in industrial production in 2013 while on the other hand, February 2013 reported permanent job hiring increased for four consecutive months in January 2013’ anticipating growth of almost 0.7% for 2013 (Murray, 2013). The decrease in the industrial production impose risk on the start up of a new venture as it ref lects decrease in the supply of products and hence increase in inflation. On the other hand the growth in the employment rate is beneficial for the start up businesses as it signals more consumption on the part of the individuals. Mixed signals despite consistent efforts traces trend mainly from triple dip recession due to deepened Euro-Zone crises and increased inflation curtailing consumer demand (Elliot, 2012). Ranking of UK on Doing Business chart developed by World Bank has improved from 8th positions in 2012 to 7th position in 2013 (World Bank, 2013; Schwab, 2012). This improvement is based on the factors assessing ease of doing business; therefore, self refers that ease has been increased in order to encourage investors to initiate business and gear up economic activity. Moreover, these... This essay aims to identify the impact of economic risks on the state of business environment of UK. It is being considered in the essay, that doing business in UK carry greater risk than ever. Despite consistent efforts the weak performance of UK economy is still creating greater uncertainty for the people who are interested in starting their own business venture. For instance, negative signals such as UK to borrow much higher in 2012-13 as compared to previous year with almost public sector job cuts reaching 1.2 million and further 2.7 million by 2018 Still, The UK conditions where unemployment has not been as high as expected, austerity plans of government stuck and jobs being created (though in slow pace) are all dampening recovery of economy as well as local demand. Conversely the stimulus is positive from external demand. Increase in the local and external demand results in providing the new start up businesses with better operating environment leading to rise in the overall profits and returns. Therefore, it can be stated the conditions to do business are much better for concerns intend to capitalise on this increasing demand. Ranking of UK on Doing Business chart developed by World Bank has improved from 8 positions in 2012 to 7 position in 2013. This improvement is based on the factors assessing ease of doing business. The ease has been increased in order to encourage investors to initiate business and gear up economic activity. Moreover, these positive factors are also reflecting acceptance in the financial market.

Evaluation Research, Research Analysis And Ex Post Factor Essay

Evaluation Research, Research Analysis And Ex Post Factor Hypothesizing - Essay Example Evaluation research, factors that makes formulation of the problem difficult and suggested solutions The role of research in science involves collection of data on a given topic in order to establish existing properties of the data to aid ‘decision-making’ processes. In evaluation research, data collection and analysis aims at establishing preference on an item. A number of difficulties, through controversies, however, have continually been raised with respect to formulation of problems in evaluation research. The reasons for such difficulties are their induced dilemma on a researcher with respect to formulation of research problem. The first factor that makes formulation of the problem difficult is existence of different theories with respect to time, within the research’s outline, when the problem is supposed to be formulated. While formulating the problem prior to the research allows for identification of information gap through exploration of existing literatu re, some experts believe that it restricts a researcher’s objectivity in research. An evaluation researcher may therefore not know whether to ‘pre-establish’ a research problem or to let problems emerge from the research process (Hunter and Brewer, 2006). The relevance of a research problem in determining the scope of a research such as research design and methods also identifies a number of difficulties in formulation of problem in evaluation research. Available resources for a research initiative together with expected cost of completing different research initiatives for example restrict a researcher’s options, in formulating the research problem, to a scope whose methodology will meet the available finances. Existing ideologies and availability of resources are therefore some of the factors that make formulation of a problem difficult for an evaluation researcher (Maxfield and Babbie, 2011). The problems can however be solved by a researcher’s s ubjective reasoning based a number of factors. One of the possible suggestions to solving the dilemma on problem formulation is reliance on a person’s experience with respect to the appropriate time, within the research’s timeline, when a problem should be developed. The researcher’s experience should also solve the difficulty of whether the problem should be developed, prior to a research, or should emanate from the research process as opposed to being determined by the researcher. Another suggestion to handling the issue is the dependence on existing literature on a similar evaluation research topic to guide a researcher on formulation of the problem. Similarly, reliance on theories also offers directions to an evaluation researcher on development of research problem (Vedyadhara, n.d.). Topics of evaluation research Evaluation research is a widely scoped type of research that aims at developing solutions to social problems or developing a plan for solving soci al issues. Consequently, it has diverse topics within the social framework. One of its topics is the â€Å"cost benefit studies† of social problems (Babbie, 2012, p. 361). The cost benefit studies evaluate existence of relationships between economic investment in social initiatives and the possible benefits from such initiatives. The topic for example researches and projects both inputs and outputs in a social venture to justify an initiative. An example of an evaluation research in cost benefit is an initiative to determine the significance of investing a given amount of resources in an anti drug campaign. In the research, the aim would be to determine the involved cost of the campaign and possible benefits, both social and economic, which can be derived from the

American Constitution Law 2 J Essay Example | Topics and Well Written Essays - 500 words

American Constitution Law 2 J - Essay Example Reasonableness of a search depends on the balancing of the interests of individuals and public safety. In Terry v Ohio (1868), the police officer stopped and frisked three suspicious persons after watching them for some time moving around at a place suspiciously. The police did not have a warrant. In the search, they could see two revolvers from the persons of the suspicious people. It was the case of the defendant Terry that the evidence was not admissible as it was obtained from a warrantless search mandated by the Fourth Amendment. The Supreme Court held that the warrantless search was valid since there was a reasonable suspicion aroused by the conduct of the persons concerned on a street (Mason & Stephenson, 2012). Search and arrest warrant governed by the Fourth Amendment should be backed by a probable cause that can include hearsay evidence, reliable witness report, and the officer’s own logic and experience. Hence, unless there is a probable cause, court will not issue a warrant to search or arrest a suspect. For search warrant to be issued, the court must be satisfied that the officer’s description in the warrant application about the items connected to the crime he is investigating with the justification of the belief about their existence and place at which the items could be found. In respect of an arrest warrant, the warrant application should state and provide sufficient evidence and logic to substantiate the suspects involvement in a particular crime under investigation. Further, there must be provided very specific information on a particular target sought to be arrested or searched. Hence, a random or generalized arrests or searches are not permissible under the Fourt h Amendment (Mason & Stephenson, 2012). Therefore, a search warrant should have the full address, specific room or place at the given address, with the objects and papers and information to be

What is the constitutional democracy Essay Example | Topics and Well Written Essays - 500 words

What is the constitutional democracy - Essay Example American democratic system or Constitutional Democracy has two essential components; one related to the constitution and the other related to democracy. The component related to constitution, limits, or controls the power of the government whereas the component related to democracy determines the political power of the government. In America, political authority is attained by a government through the elected representatives in the government. It should be noted that the members of the Congress in America is elected by the people and these congress men/women are responsible for controlling the actions of the government. American president cannot work against the will of the members of the Congress. In other words, the majority of the members of the Congress should vote in favour of a particular policy before it can be implemented by the president or the government. In a constitutional democracy like America, people hold supreme power. In other words, the government cannot work against the will of the people. All the policies or laws implemented in America based on the majority rule. Even though a constitutional democracy, is a government by majority rule, it does not mean that the minority rights can be violated by such a government. It is the duty of the government in constitutional democracy to protect the rights of both minorities as well as the majorities. Judiciary (Court), Parliament (Congress) and Executive (Government) are the three major pillars of any democratic system and the case of America is also not an exception. In America, Supreme Court has the highest authority to decide whether the government is functioning according to the norms of constitution or not. Supreme Court interprets the clauses and norms in the constitution and decides whether the government violated any existing constitutional laws in the country. The philosophy of American constitution lies on

Eight history essay questions Example | Topics and Well Written Essays - 1000 words

Eight history questions - Essay Example The â€Å"Black Codes† in the Mississippi allowed the Blacks to be arrested for vagrancy and used them as cheap labor. They were also prohibited from owning arms, holding large gatherings and enrolling in juries. In response to these â€Å"Black Codes† the Congress passed the Civil Rights Act in April 1866, which permitted blacks to enjoy many rights. President Johnson vetoed the Act saying it would â€Å"cause discord among races and this paved the way for his impeachment. During his trial, the Senate needed one more vote to reach the 2/3 rd majority and carry out the impeachment, but the single vote of Edmund G. Ross, a young Radical Republican, was instrumental in turning the tables in Johnson’s favor and so he remained in office. During the Civil War, on January 1st 1863, President Abraham Lincoln passed the Emancipation Proclamation which set free all the slaves in the rebellious states. This proclamation captured the minds and hearts of millions of African Americans and in turn served to turn the war into a war of freedom. Though thousands of fugitives were crowded into camps, the Government organized relief societies for the families to be taken care of. They organized aid and schools to teach the men, women and children to read and write thus providing the African Americans with an education. The Government also commissioned the Blacks into the army and other jobs which were not open to them before. Women of the Civil War were held in high esteem and they were allowed to take on politically active roles. During the Californian Gold Rush between 1849 and 1882, quite a large group of Chinese immigrants immigrated to the United States. Some of them worked alone where as others worked for other miners. The majority of them settled there permanently while others went back home with the money they had saved. During the 1870’s there was an economic crisis where people

Personal Skills and Professional Development Assignment - 1

Personal Skills and Professional Development - Assignment Example 255). In the process, clientele and users use the professionalism of construction engineers to make sure the construction plans are efficient, safe, and within budget. Construction engineers normally see a task from the beginning through to the end. During this period, the construction engineer collaborates with several other professionals like inspectors and engineers. These collaborations involve the production of designs and details that the building team requires. The roles of construction engineers differ extremely from self-employed and minor buildings tasks to working with international construction firms (Institute for Career, 2010). Projects handled by such firms usually wind up being construction engineering milestones because of their immense budgets and meaning. The professional effort of construction engineers is essential from the earliest phases of a construction task. This effort can begin with coming up with concepts of the building or structure’s appearance, determining costs, evaluating the requirements of the building’s users, and figuring out its effect on natural surroundings. Construction engineers also aid in selecting a site for a project and collaborating with servicers at the construction site. Here, construction engineers make sure services carry out their work accordingly to meet set standards and come up with a sustainable, well-designed, and artistically pleasant structure or building. Construction eng ineers are also required to have knowledge of moneymaking and financial aspects of construction. I chose construction engineering under construction due to three key reasons. First, construction engineering involves invention. The way an inventor creates a new device or concept is similar to the way a construction engineer designs structures and properties (Careers in Construction,

Working Construction Essay Example for Free

Working Construction Essay Introduction The issue of discrimination by class, race and gender in the society is the subject of hot debates our days. Though most people consider themselves as very tolerant persons, the fast show women and dark-colored people are still discriminated in society. Two books are under analysis in this essay: â€Å"Dream from my father† by Barack Obama and â€Å"Well Call You If We Need You: Experiences of Women Working Construction† by Susan Eisenberg. Both this books are autobiographical, written on the base of author’s personal experience. The events on both books go back to the time of twenty-thirty years ago. Both of them allow understanding the real situation with the race, class and gender discrimination in the USA in the end of the twenty century. The common ideas in the books of Obama and Eisenberg The first chapter of Obama’s book describes the very beginning of his career in Chicago. In 1985 Barack Obama arrived to Chicago to work as a community organizer. The history of this city in the second part of the twenty century led to the corruption of the government, the stratification of the society and the high level of unemployment among the lowest-income colored population. After the â€Å"white flight† in 1960th (when the whites left areas where non-Whites are settling, mostly for suburbs) poor districts were left to their own resources. Industry changed and there were not work for low-level workers. City government did not try to change the situation; anyway, poor blacks did not want to get help from Whites. â€Å"†¦the last thing we need is to join up with a bunch of white money and Catholic churches and Jewish organizers to solve our problems â€Å"(Obama, 89) In thus way Chicago was polarized and there was not way to solve the problem. Whites didn’t try to help the poorest part of the population, and Black didn’t want to get help, but their life was awful and having no prospects. However, at the beginning of Obama’s work in Chicago Harold Washington, the first African American, was the mayor of Chicago that time and his administration really tried to reduce the unemployment of the ethnic blacks. Obama started his work like every enthusiastic young manager in the Altgeld, one of the poorest districts of Chicago not far away from city dump, but soon he understood; to help these people he had to learn them. A lot of money from city budget (Obama tells about $500,000) was granted for the employment program in such districts, but money went away and programs did not work. However soon young Barack succeed in some of his objectives, for example he took part in the opening of new MET (Mayor’s Office of Employment and Training) station. Most analytics think that this period of Obama’s career was unsuccessful. However it is obvious that Obama have got a great experience. During his first period in Chicago Obama understood that he could not press to the politic machine from the outside. Thus, when he returned, he began his path to the â€Å"sanctum sanctorum†. He tried to meet important and influential people and to work with them. The upper stage of his career is the position of the President of the United States, so the experience of that man is very useful to learn for those who want to know more about the real situation of the American society. For those who consider the book of Obama insufficient or isn’t interested in the problems of African Americans the book of Susan Eisenberg can be interesting. The author describes her career as the electrical apprenticeship. That year President Jimmy Carter started new program of the inclusion of women in apprenticeship programs to increase the percent of working women. Many of young women at the beginning of their careers were excited with this new perspective and started to work. However the reality happened to be severe and merciless. Eisenberg used not her only experience, but the memories of thirty women approximately of the same age, who believed in the historical transformation of the society and pioneered as carpenters, electricians, ironworkers, painters. They hoped under Carter’s program they will obtain challenging job, the support of the trade union, the respect in society and the better attitude. In reality the gender barrier was still tough and no changes were seen. Eisenberg Reminds when she arrived as the electrical apprenticeship to work in some building, the guard didn’t let her in. He decided she was a terrorist. Though is has happened thirty years ago, the chance to meet terrorists seemed more probable to this guard than a chance to meet female electrical apprenticeship. Conclusion The authors of two books under analysis are different people – by gender, by race, by the development of their carrier. However the one common feature is in this two books: both authors describe how they faced the discrimination and in what way they struggled with it. References Obama, Barack. â€Å"Dreams from my father† New York: Random House (January 9, 2007); eBook; ISBN 0-3073-9412-3 Eisenberg, Susan. â€Å"Well Call You If We Need You: Experiences of Women Working Construction† Cornell University Press 1999. ISBN-13: 9780801486050

The Marriott International Incs Development Marketing Essay

The Marriott International Incs Development Marketing Essay The former of the Marriott International Inc was founded by J. Willard Marriott when he and his wife Alice Sheets opened a nine-stool AandW Root Beer stand which they later called The Hot Shoppe in Washington, DC the spring of 1927.It sold hot food such as tamales, chili, and tacos were added to attracting customers during the winter months. In the following few years, with the hot shoppes kept expanding, Marriotts food service had a good development. In 1957, Marriott opened its first hotel which was a 365-room Twin Bridges Motor Hotel in Arlington, Virginia. In 1967 its name was changed from Hot Shoppes, Inc., to Marriott Corporation and J.W. Marriott, Jr., became President and CEO. During the next 26 years, Marriott was developing fast by opening different kinds of hotels to meet the need of people and acquiring other companies. In 1985, J. Willard Marriott passed away and his oldest son J. Willard Bill Marriott, Jr., was named CEO and took over most major responsibilities. Marrio tt International Inc was established formally in 1993 when the former company splits into Marriott International and Host Marriott Corporation. With its establishment, Marriott International Inc starts to become a worldwide operator and franchisor of hotels and related lodging facilities step by step. ( http://www.marriott.com/corporateinfo/culture/heritageTimeline.mi) Today, Marriott International Inc headquarters in the Bethesda area of unincorporated Montgomery County, Maryland. And it is a leading worldwide hospitality company with about 3150 lodging properties located in the United States and 67 other countries and territories. In 2010, its sales is $10,908.00M, And there are 137000 employees in this company. With its excellent business achievement and economic strength, Marriott International Inc has become one of Worlds Fortune 500 for many years. And its rank is 213 in 2010. This big company is still developing and making progress continually. (http://money.cnn.com/magazines/fortune/fortune500/2010/snapshots/10664.html) Marriott International Incs development cant be achieved without the key people in this company. Nowadays, this companys CEO and chairman is J.W. Marriott, Jr. His leadership spans over 50 years, and he has taken Marriott from a family restaurant business to a global lodging company with 3500 properties in 70 countries and territories. Arne M. Sorenson, the president and COO of Marriott International, Inc. He is a graduate of the University of Minnesota Law School and of Luther College in Decorah, Iowa. And he joined Marriott in 1996 when he specialized in mergers and acquisitions litigation and now he is responsible for the performance and growth of all of Marriotts worldwide brands and businesses. Marriotts Executive Vice President and CFO is Carl T. Berquist. Mr. Berquist holds a B.S. in accounting from Penn State University and is a member of Penn States Smeal Business Schools Board of Visitors. In 2002, he joined Marriott as a partner at Arthur Andersen LLP. And now Mr. Berquist become the CFO with responsibility for global finance, including financial reporting, project finance, global treasury, corporate tax, internal audit, and investor relations. (http://news.marriott.com/our-leadership.html) Although it has steady growth and profitability every year, Marriott International Incs Mission Statement is still to be the best lodging and food service company in the world. It will achieve this goal by treating employees in ways that create extraordinary customer service and shareholder value. And its Vision Statement is to be the worlds lodging leader. To be the leader, this company keeps focusing on serving the guest, extensive operational knowledge, the development of employees skills, and offering the best lodging brands in the lodging industry. (http://www.marriott.com/corporateinfo/culture/heritageJWMarriottJR.mi) Marriott international Incs steady growth and profitability is also related to its strategic alliances. Such as Asian American Hotel Owners Association, Association of Latino Professionals in Finance and Accounting, Black Culinary Alliance, Gay Lesbian Alliance against Defamation and Hispanic Association of Corporate Responsibility. (http://www.marriott.com/marriott.mi?page=diversity_partners) Acquisitions play an important role during the development of Marriott International Inc. The recent acquisition on Mar 16 2011, Marriott International Inc acquires AC Diplomatic, Barcelona from AC Hotels SA. And later in March 1997, Marriott International acquired Renaissance Hotel Group N.V. for $916 million in cash and the assumption of $54 million in debt. This acquisition is the largest acquisition in Marriott history. (http://www.alacrastore.com/mergers-acquisitions/Marriott_International_Inc-1065110) Section2 Marriots is committed to global diversity to provide services that are above and beyond its customers experience. This strategy and concept has become its blueprint in its marketing plan to match the needs of the customers to the various products and services and provide the best possible experience for their guests during their stays in the hotel. The company is global having three thousand properties in sixty eight different territories and countries by franchising hotels under different brands. Marriotts marketing plan will entail research in the industry to gather critical information and experiences to better generate marketing strategies that would be effective through application of customer care and integrity. Cost leadership and product differentiation has been integrated at Marriotts which offers different brands either luxurious or moderate to fit various clients needs http://www.marriottconsulting.com/planning_services.php#business_plans Standard packages in service and products provide a more variety to the different atmospheres created by the different products offered by Marriotts. Other parameters must be included in the marketing plan like the marketing concept, product lifecycle and focus strategies that are important to guide a hotels marketing plan. The Hotels entry and foundation in the market place plays a major role in its marketing plan by detailing its goals, marketing objectives and the necessary factors to consider while implementing its marketing plan processes. Marriotts marketing strategies are geared towards the plan of maintaining its tradition of cherished service through the hotel brands to elevate guests stays, thus accomplishing its overall marketing objectives. http://www.academicwritingtips.org/component/content/article/35-social-sciences/562-marriot-hotel.html Our company met previous goals. Marriott International fourth-quarter net profit of 173 million, Marriott International Hotel Management Group, the fourth-quarter net profit of 1.73 billion U.S. dollars, earnings per share were 46 cents, this performance better than last year. The fourth quarter of fiscal year 2009, Marriott International hotel management group net profit of 1.06 billion U.S.evenue was 36.4 billion U.S. dollars, 3.38 billion higher than the same period last year dollars. Marriott International Hotel Management Group, the fourth-quarter adjusted earnings of 39 cents per share, exceeding analysts had expected. Market research firm FactSet Research survey, analysts on average expected to Marriott International hotel management group for the fourth quarter of 36 cents per share on revenue of $ 3,580,000,000. http://sandiego.jobing.com/catering-sales-manager-courtyard-by-marriott-old-town/job/2710752 Marriotts commitment to society blends corporate financial contributions with in-kind giving and the volunteer service of our associates around the world. We participate in efforts to provide shelter, food, and childrens health, while creating career opportunities for our associates in the workplace and supporting education in the hospitality industry. http://www.marriott.com/corporate-social-responsibility/corporate-values.mi Marriotts environmental vision is to demonstrate that corporate responsibility in hospitality management can be a positive force for the environment while creating economic opportunities around the world. Marriott International has expanded its goals for its Diversity Outreach Initiative with a $1-billion pledge to minority-and women-owned suppliers over the next four years, relationships with four newly signed minority- and women-owned and managed financial services firms, and a plan to double the number of minority owners and franchisees in five years http://www.resource-recycling.com/rr_conference/hotelandtravel.html Section3 Marriott International Inc. is a participant in the Lodging industry. But it is not only a participant but also a leader. Its industry is stable and keeping growing everyday. Marriott International Inc. has been earning strong profits recently, even through comparable periods last year. With the improvement of economy and room rates have bolstered the industry. Figures from a recent report show that average daily rates revenue per room, and occupancy for U.S. hotels all increased during the first week of 2011. Expansion from the ground up, as well as through acquisitions, has been going on in South and Central America, as well as in China and India. With a growing middle class in India and China, MAR meet the need for increased accommodation in the area. As the economy continues to recover, the Lodging industry will be hoping to continue to develop fast. So MAR will be full of motivation and energy to develop. Whether in China or the world, the service quality, advanced technology, and services of Marriott International advanced the worlds first hotel group. Which has won wide public recognition and customers a high degree of trust? Marriott launched a number of brands through market segmentation for different market segments: they are Marriott, JW Marriott, Ritz-Carlton, Renaissance, Courtyard, Ritz-Carlton, Ramada and other hotel brands. Marriott has its own characteristics and different market positions. For example, a luxury-class hotel is JW Marriott, Marriott and Renaissance hotels w ith a high quality, but the brand image of the Renaissance is more flexible. Marriott Executive Apartments is the market for long-term accommodation. Courtyard is for mid-range market. (http://www.flyertalk.com/forum/marriott-rewards/139599-marriott-reluctant-reward-program-participant.html) Marriott hotels, resort hotels and suites are for upscale, full-service hotels. Ritz-Carlton Hotel Company is the high consumption-oriented class, which it is able to provide the best facilities, food and service symbol. Ramada is a high-quality mid-priced brand, mainly for business and sightseeing tourists. (http://www.marriott.com/corporateinfo/glance.mi) Marriott international competitors have begun doing so more pro-actively. The industry of hotels is highly fragmented. Competition with hotels is generally based on the quality of rooms, restaurants, meeting facilities and services, attractiveness of locations, availability of a global distribution system, price and other factors. There are 3 competitors of Marriott international: Hilton Hotels: Hilton is one of the leading hotel and leisure companies in the world. It is primarily involved in the management and development of hotels across the globe. Initially Hilton focused on acquiring and owning more real estate. However, it has recently changed its growth strategy, and it now focuses on spreading its operations through franchisees. InterContinental Hotels: IHG is the largest hotel company by number of rooms, with 590,361 rooms in over 100 countries around the world. It operates a diverse portfolio of brands across multiple economic segments, including Intercontinental Hotels and Resorts. Crowned Plaza Hotels and Resorts, Holiday Inn, and Holiday Inn Express. Orient-Express Hotels: Orient-Express Hotels is a hotel and leisure group, which is focused on the luxury market. The company owns and operates luxury hotels, restaurants, tourist trains, and river cruises in over 25 countries. (http://www.dailyfinance.com/company/marriott-international-inc) The ways to counter the competition: Marriott prefer to use multi-brand strategy to meet the needs of different market segments Marriott for different market segments successfully launched a series of brand They has been struggling to improve the service details and content, customers will be related to differences in the details of effective records, as well as the attitude of its staff and overall good quality Marriotts corporate culture summed up as: Marriotts staff to create a practical action for the guests to experience the service, its purpose is to serve the people. Marriott full play the enthusiasm of employees and retain talent, and attaches great importance to the role of human resources (http://www.academicwritingtips.org/component/content/article/35-social-sciences/562-marriot-hotel.html) As we all know, Marriott face large competition. So they should invest in research and development. Here are their investments: 1 Project construction area of over 20,000 square meters, is expected to invest over 100 million Yuan, the construction of a 16-story, 300 or more rooms of the modern high-star hotels. 2 Marriott said its hotel owners and new franchise partners will invest a total of $ 190,000,000 bed. 3 1.5 billion of investment in large projects settled Marriott International Ming Shan Hall Here are Marriotts ways to promote their products or services. 1. Know your Hotel: You must be a product expert for both your hotel and your competitors. 2. Prime Selling Time: Adhere to prime selling hours, by market, and ensure those hours are dedicated to pure selling activities and customer interaction. 3. Access to Manager: No Messages on any enquiries, even if the General Manager has to take the call. 4. Customer Rapport: All transactions with customers and sales activities demonstrate our desire to know them and build relationships. 5. Determine Customer Needs: You must determine objectives of event, definition of event success and qualitative decision-making criteria in addition to quantitative dates, rates and space.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦ Marriotts advantages in its area are that Marriott Hotel: Marriott Hotel was at the service management group, the basic philosophy of people serving people, which has two aspects: fair treatment of every employee, while focusing on the feelings of employees, so that they understand home feeling. Marriott nearly 50% of managers are promoted from within the company, the companys job vacancies to give priority to internal staff, only no suitable internal candidate before hiring from the community, and outside recruitment, salary levels provided by the general high the industry average of 50% to 75%. The hotel is a typical service industry, Marriott that only a good company to employees, employees will be good guests. There are five systems to ensure its Marriott Hotel in the real implementation of its people at the service concept. (http://en.wikipedia.org/wiki/Marriott_International) How does the Marriott Internet develop so fast and Marriott will what the situation introduced new brand or new product on-line? The answer is: when its through in the hotel market survey found there is enough, not yet fill blank or the demand is not fully satisfy customer demand, the company will launch when demand for these new products or services this means that companies need to continuously for customer demand research. Through the analysis can be found, Marriott, the core competences lie in her customer survey and customer knowledge, Marriott will be applied to all this from fair hotel to li jia all hotel brand. So, Marriotts superiorities are not Hotel management, but the customer knowledge acquisition, processing and management. Marriott has been committed to seek it the gaps between different brands. If the investigation shows that some segments of the market has enough targeted customers need some new product or service features, so Marriott will ascend product or service to meet customer new demand; If the survey shows that in one subdivision target audience, many people to a range of different characteristics have needs, Marriott will put these people as a new customer group and developed a new brand. Marriott international company provides beneficial for brand development thinking. For an existing product or service for, new features added to what extent is only necessary to ascend? And to what extent can create a new brand? The answer is: when additional features can create a kind of new things and can attract different target customer, you will have the product or service ascension or brand new born. Marriott company announced the development of the elastic suite this brand of practice is a good example. At the time, Marriott will elastic suite price at $75 between 95 and plans to March 1, 1999, 14 home built in when the two years later add 55 house. Elastic suite fair suite and fair suite originally is fair hotel part. Male was founded in 1997, at the time, the Wall Street journal is so describe the fair suite: capacious but lack adornment, toilet no door, sitting room of the shop is linoleum, its pricing is 75 dollars. In fact, people who are sensitive to the price and terms, this suite are fair in the hotel room of the sample more spacious. The question is: fair suite customers may not like linoleum, and are willing to pay for decorate a bit better room some more money. Hence, Marriott by increasing the ironing board and other pleasant thing to change fair suite image, and through laying carpet, adding the fireplace and breakfast room to improve the sitting room conditions. T hrough these aspects of ascension, Marriott hotel clued into the new batch of target customers emphasizing value buyers. But later, Marriott found fairness suite of the ascension is not always effective, price sensitive type customers dont want, and pay attention to value its customers and the pig. Hence, Marriott consider fair suite convert elastic suites, and restart the customer market segmentation. By measuring, Marriott got this data: relative to price sensitive type customers as fair suite brings the income, those who pay attention to the customer value for elastic suite at least $5 more income. In a competitive market segment for product promotion, we must pay special attention acquire and maintaining customers. For the price sensitive type customers, you must undertake product or service to avoid they turn to the ascension of competitors. Without competition or no foreseeable competition exists, then there is no need for ascension. In fact, competition often always exist, the key is to adopt necessary ascension to ensure that competitive advantage. Face price sensitive type customer, too much room doesnt help fair hotel create a competitive advantage. For China, we can learn a lot from the Marriott. Usually, hotel business income can be divided into three parts, one is relatively stable guest room, it is the hotel accommodation income that came with the catering business income, and three is including offices, shops, apartment rent and entertainment business, miscellaneous income each. Now, with all kinds of office buildings, shops, apartment hotel time, a lot of the fat, the hotel by wantonly robbed in this competition, almost crumbled; in big cities is entertainment speaking, the entertainment blossom everywhere, hotel entertainment income is increasingly atrophy. For example, 2000 Guangzhous biggest garden hotel total operating income is RMB 4.1 billion, compared with 1996 garden hotel revenue 5.4 billion, short four years time, incredibly shrunk more than 24 percent. The garden hotel general manager LiaoMingHua some helplessly say, we pulled out all the way, but the garden hotel business performance is still in step by step and sliding into deep In 2000, the China hotel reve nue is 3.9 billion, the white swan hotel revenue for 3 million, compared to 1996 5.2 million and 3.4 million, in a big shock, and Oriental hotel and international hotels performance is also down dramatically. 2001 is attempting to rumors China industry has been the United States has a good hotel in hotel management ability of the Marriott hotel management group purchase; this makes Guangzhou hotel industry sticker shock. China hotel, said to the outside of the top hotel management control only by Hong Kong new world change, in order to Marriott hotel shareholders did not change, the more there is no takeover, said. It is reported, China hotel grunde Hong Kong new world hotel limited company management, but from the beginning of the change in 2001 by Marriott management, accordingly, Marriott hotel every year from China, turnover extracted from 2.5 percentage points in return. With Chinas eventual entry into the WTO, the famous hotel groups like Sheraton, Hilton, west in brand has an grily blew the trumpets into Chinas hotel industry, the international brand and local hotels exchange unavoidable. Domestic even heavyweight hotel even so big alligator, other colleagues situation can be seen, international and domestic hotel gap also therefore! In fact, the biggest gap between Chinese and foreign hotel management, especially in it is the management strategy of the brand as the core. China hotel industry wants to win in the competition and obtain continuous development, it is necessary to learn modestly from foreign peer learning and solid improve their management level. Marriotts approach is to provide some new ideas for us? Nowadays, the hospitality industry is same as consumer goods is undergoing drastic changes. As a hotel operator, you must always ask yourself: I am ready to compete in upgrading of product or service in order to protect their market, or prepare for new segments of the market to develop new product? If choose the former, pay attention to product or service, thus reduces ascension is not incremental cost, because the existing customers often dont want to pay more. If choose the latter, new product or service must contain many new targeted customers expect things, further says, is the need to have a different brand this brand wont impact the original brand, and new customers can accept this new product or service and are willing to pay higher prices. Marriott hotel through creating elastic suite successfully will a make price sensitive type dissatisfied customers mode is transformed into a emphasizing value customer mode, it is a typical case. Section4 MARRIOTT REVENUES totaled $11.7 billion in 2010 compared to $10.9 billion in 2009. Total fees in 2010 were $1,185 million, an increase of 9 percent from the prior year. Stronger base management and franchise fees reflected the increase in worldwide REVPAR and unit growth across the system. Incentive management fees increased 18 percent reflecting higher property-level profit due to worldwide REVPAR increases and continued cost control, as well as international unit growth. For full year 2010, 27 percent of company-operated hotels earned incentive management fees compared to 25 percent in the prior year. Approximately two-thirds of incentive management fees came from hotels outside North America in both 2010 and 2009 BALANCE SHEET : At year-end 2010, total debt was $2,829 million and cash balances totaled $505 million, compared to $2,298 million in debt and $115 million of cash at year-end 2009. Adjusting for the debt associated with securitized Timeshare mortgage notes now required to be consolidated under new accounting rules, adjusted total debt, net of cash, totaled $1,308 million, a decline of $875 million since year-end 2009. At year-end 2010, Marriott had no borrowings outstanding under its $2.4 billion revolving bank credit facility Google: http://www.finchannel.com/Main_News/Travel_Biz/80829_Marriott_International_Announces_Plan_to_Spin_Off_Timeshare_Business_/ 29 March 2011 The stock price of the company and major competitors: Key Stats  MARMore Stock Ind Avg Price/Earnings TTM 29.6 41.8 Price/Book 8.3 3.3 Price/Sales TTM 1.2 1.8 Rev Growth (3 Yr Avg) -3.5 -3.1 EPS Growth (3 Yr Avg) -11.3 Operating Margin % TTM 5.9 7.7 Net Margin % TTM 3.9 2.9 ROE TTM 33.6 5.8 Debt/Equity 1.9 1.0 Top Marriott International, Inc. Competitors Companies Location Accor SA Évry,  France Hilton Worldwide, Inc. McLean,  VA InterContinental Hotels Group PLC Denham,  Buckinghamshire Competitor on file Minnetonka,  MN Competitor on file Toronto,  ON Competitor on file Spartanburg,  SC Competitor on file Chicago,  IL Competitor on file New York,  NY Competitor on file Boca Raton,  FL Competitor on file White Plains,  NY Competitor on file Phoenix,  AZ Competitor on file Silver Spring,  MD Google: http://www.hoovers.com/company/Marriott_International_Inc/hjfkxi-1-1njea3.html 29 March 2011 But what happened to the stock prices and why, this is because Marriott Internationals asset-light business model, premier brands, and experienced management team have helped the firm carve out a narrow economic moat. Although 2009 was challenging, the travel market  has stabilized and a slow recovery  has taken hold. In our opinion, Marriotts long-term prospects remain bright. Google: http://quote.morningstar.com/Stock/s.aspx?t=MAR 29 March 2011 And what the company will be in the future, The companys 2011 full year guidance assumes that the spin-off of the Timeshare segment does not occur in the current year and does not include pro forma adjustments or transaction expenses.    For the full year 2011, the company expects a strong pricing environment. The company assumes full year 2011 systemwide REVPAR on a constant dollar basis will increase 6 to 8 percent in North America, outside North America and on a worldwide basis. The company expects to open approximately 35,000 rooms in 2011 as most hotels expected to open are already under construction or undergoing conversion from other brands. Given these assumptions, full year 2011 fee revenue could total $1,310 million to $1,340 million and owned, leased, corporate housing and other revenue, net of direct expense, could total $115 million to $125 million. The company estimates that, on a full year basis, one point of worldwide systemwide REVPAR impacts total fees by approximately $15 million pretax and owned, leased, corporate housing and other revenue, net of direct expense, by approximately $5 million pretax. The company expects 2011 Timeshare contract sales to be in line with 2010 adjusted levels. The company expects its 2011 general and administrative costs to increase 3 to 5 percent over 2010 adjusted levels reflecting increased spending for brand initiatives and higher costs in international growth markets. The company expects investment spending in 2011 will total approximately $500 million to $700 million, including $50 million to $100 million for maintenance capital spending. Investment spending will also include other capital expenditures (including property acquisitions), new mezzanine financing and mortgage notes, contract acquisition costs, and equity and other investments. Based upon the assumptions above, full year 2011 EBITDA is expected to total $1,170 million to $1,230 million, a 12 to 18 percent increase over the prior years adjusted EBITDA. Google: http://www.finchannel.com/Main_News/Travel_Biz/80829_Marriott_International_Announces_Plan_to_Spin_Off_Timeshare_Business_/ 29 March 2011 A financial advisor said about the companys stock as an investment. Marriott International Inc.s shares slipped 2.2% premarket to 36.80% after Goldman Sachs lowers its stock-investment rating on the hotel operator to neutral from buy, where it has been since January 2009. Goldman remains bullish on the hotel sector, but says valuation of Marriotts timeshare unit, which it is spinning off, is creating a drag. Goldman says the timeshare division may produce lower margin than expected and units earnings are more cyclical, meaning the remaining hotel entity multiple would have to expand dramatically to offset the possible dilution of the spinoff. Google: http://blogs.wsj.com/marketbeat/2011/03/28/hot-stocks-this-morning-nokia-alcatel-lucent-and-many-more/ 29 March 2011