"Perspective of Alternate Dispute Resolution"
Perspective of Alternate Dispute Resolution (Term Paper towards partial fulfillment of the assessment in the subject of Arbitration and Alternative Dispute Resolution) Submitted by: Submitted to: Abhishek Kodap (349) Dr. Swati Mehta Yudhister Meena (398) Faculty of Law IXth Semester National Law University, Jodhpur Summer Session (July - November 2009) ACKNOWLEDGMENTS We take this opportunity to express our gratitude and personal regards to Dr. Swati Mehta, for making this research possible. Her support, guidance and advice throughout the research project are greatly appreciated. We would like to thank our parents, for encouraging throughout our all semesters and for bringing us into such a position to undertake such a term-paper. Our friends, for encouraging us to work hard and extending their kind support. Also we are thankful to all those people who helped us in preparing this project. Yours Sincerely Abhishek Kodap Yudhister Meena Table Of Contents s.no. Pg. no Chapter 1 Introduction 4 2 Chapter 2 Alternate Dispute Resolution at National level 6 3 Chapter 3 Legislative efforts towards ADR in India 7 4 Chapter 4 Judicial efforts towards ADR in India 9 5 Chapter 5 ADR at
Where a suspect is found to be a juvenile or mentally disordered, PACE Code C 3.15 stipulates that a custody officer must, as soon as practicable ask an appropriate adult to come to the station and see the suspect. Palmer identifies that due to,
The due process safeguards under PACE 1984 provided for suspects' who are either juvenile, mentally disordered, vulnerable or in need of medical attention at the police station, frequently aren't enforced. Where a suspect is found to be a juvenile or mentally disordered, PACE Code C 3.15 stipulates that 'a custody officer must, as soon as practicable'1 ask an appropriate adult to come to the station and see the suspect. Palmer identifies that due to, 'their lack of training in mental health issues'2 custody officers commonly fail to identify suspects' with such ailments. This type of police working practice leads to vulnerable suspects' being interviewed without appropriate adults present. This is demonstrated by the study carried out by Nemitz and Bean 1994, in which a large portion of the police officers were unsure as to who constituted a vulnerable suspect.3 Time restraints placed upon the length of police custody, often encourage police officers to interview suspects whom they consider to have mild mental disorders, without appropriate adults; Palmers emphasizes that to avoid time delays officers, 'simply go ahead'4 with interviews, as appropriate adults often take time to arrive at the station. Suspects who arrive at the station in need of medical assistance commonly do not receive it. Sanders et al assert that only a few suspects receive the medical attention they
Continental Legal System vs. Common Legal System
Outline: Continental and Common Legal System .1 Continental Legal System .2 Common Legal System .3 Difference between Common and Continental Legal system 2 Substantive and Procedural Law 3 Criminal Law and Procedure 4 Civil Law and Procedure 5 Difference between Criminal and Civil Procedure 6 Bibliography Law is a set of general rules which are created by a superior entity in order to regulate human behaviour and maintain justice and peace in the society. Law applies to everyone living in a particular territory1. The system which interprets law is known as legal system. There are as many legal systems in the world as countries, but for academic reasons we classify them into three main categories: Continental (Civil) legal system, Common (Anglo-American) legal system and Religious legal system. Law can be split up in different branches such as, Criminal law, Civil law, Commercial law, etc. In this essay I will discuss the differences between Criminal and Civil procedure in Continental and Common legal system. Continental and Common Legal System: Continental Legal System: Continental legal system is the oldest and most widely implemented legal system in the world. It derives from Roman law, Canon law and Commercial law. The Roman law started its contribution by the XII Tables which were published in 450 B.C. Later in the year 530 Justinian codified Roman law by
Critically Evaluate, in 3000 words, how the cases of Boyle v United Kingdom ( Application No 55434/00) in the European Court of Human Rights & Findlay v UK ( 1997) 24 EHRR 221 (para 82) have made an impact on Military Law within the UK.
UNIVERSITY OF CENTRAL LANCASHIRE School of Forensics and Investigative Sciences FZ3044 Military Law and Discipline MODULE INFORMATION 2008- 2009 Ashley Nasir Critically Evaluate, in 3000 words, how the cases of Boyle v United Kingdom ( Application No 55434/00) in the European Court of Human Rights & Findlay v UK ( 1997) 24 EHRR 221 (para 82) have made an impact on Military Law within the UK. When answering this question I must first explain the facts of each case, the decisions that were made during their appeal processes and what effect they had on Military Law within the UK. The first case I will explain is that of Boyle v United Kingdom1. In this case the defendant, Boyle, who had joined the army in 1990, was serving as a gunner with the 12th Regiment of the Royal Artillery and was stationed in Germany. On 1 November 1999 a woman alleged that she had been raped and on 2 November the applicant was arrested by the service police. The service police interviewed the applicant on 4 November 1999 and it appears that he was assisted by a lieutenant from Army Legal Services. On that date he also signed a certificate acknowledging that he had been informed of his right to have the assistance of an "accused advisor" during any summary hearing before his commanding officer ("CO"). On 5 November 1999 he was charged by his CO, pursuant to section 70 of the Army Act 1955 with
To what extent do you believe that the Regulation of Investigatory Powers Act 2000 achieves a balance between upholding the right to privacy while also allowing the State to employ online surveillance techniques in the interests of national security?
To what extent do you believe that the Regulation of Investigatory Powers Act 2000 achieves a balance between upholding the right to privacy while also allowing the State to employ online surveillance techniques in the interests of national security? Increasing level of surveillance permeates almost all aspects of our lives, leading to consequential reduction of personal privacy. The Information Commissioner warned against the dangers of 'sleepwalking into a surveillance society'.1 The Information Commissioner went further in 2006 by introducing a report 'A surveillance society'2 commissioned by his office. In this report he acknowledges the benefits of surveillance in fighting terrorism and serious crime and improving entitlement and access to public and private services. However unseen or excess surveillance can encourage a climate of suspicion and undermine trust.3 This essay will analyse the growth of data surveillance in the online world and see whether the Regulation of Investigatory Power 2000 achieves a balance to right of privacy and the States need to employ online surveillance to protect citizens from terrorist's threats. The main way in which privacy can be threatened is by placing the individual under surveillance. This surveillance can take a variety of forms. In 1971 Alan Westin4 identified three forms of surveillance physical, psychological and data.
Capitalist Welfare States
Political Science 111 Instructor: Dr. Gregory Johnston Due Date: 27 April 2009 Capitalist Welfare States A welfare state refers to a state's responsibility to secure some vital degree of welfare for its citizens and to ensure of the security of the people that live within the boundaries of that state. Capitalist welfare states are categorized under three models. These models include the Liberal regime, the Social Democratic regime, and the Corporatist regime. These regimes are characterized by several key variables, which create different systems of social stratification. The Liberal regime, which the United States is classified under, is associated with poverty relief that sustains differentiation based on income. The Corporatist regime is identified with contributory social insurance that maintains class distinctions based on occupational status. The Social Democratic regime is linked to middle-class universalism and social equality. While all of these models have benefits, the one that I find most appealing is the Social Democratic regime. The Social Democratic regime seems to be the most beneficial and ideal type of capitalist welfare state. This is the only model of the three that does not seem to classify its citizens into groups of aristocrats and underprivileged. This model has several benefits, such as universal healthcare, which make it possible for all within
What criticisms might be made of the Roman law of theft?
-Roman Law Week 4- What criticisms might be made of the Roman law of theft. Theft (furtum) is one of four delicts considered by Justinian, along with robbery (rapina), damage (damnum iniuria datum) and outrage (iniuria); according to Thomas1, a delict consisted in wrongful conduct causing harm, for which the aggrieved party recovered damages. In terms of theft, Gaius fails to provide us with a definition but Justinian describes furtum as "a fraudulent handling [contrectatio] of a thing, of its use or the possession of it, and this is forbidden by natural law.2" It must be noted that Justinian fails to refer to the fact that furtum only applies to res mobiles that are in commercio. In this essay, I will criticize the Roman law of theft in terms of the difference between the legal definition of furtum and the popular conception, in terms of furtum manifestum and non manifestum and in terms of the practical application of the penal remedies against an insolvent thief. I will also criticise the condictio furtiva, the lack of actio furti in cases of furtum between slaves and families, and the fact that rapina is viewed by the Institutes as lying outside of the law of furtum. Firstly, a criticism of the law of theft is described by Ibetson, in the fact that the legal definition of furtum as contrectatio and the popular conception that theft required the carrying off of the res3.
Essay plan for : Critically analyse the extent to which modern theories of rights, which are increasingly being applied to rights beyond the merely human, represent a new paradigm or are simply the application of old ideas the new si
Essay plan for : 'Critically analyse the extent to which modern theories of rights, which are increasingly being applied to rights beyond the merely 'human', represent a new paradigm or are simply the application of old ideas the new situations' I will start off by looking at what a right is. The topic I will be focusing my essay on is, the animal rights theory. I will then go on to look at some of the rights given to humans. I shall then ask the question, do animals have rights? What types of rights do they have? I will also be looking generally, at different views on whether animals should be given rights or not. I will be looking at how people's views on animal rights have evolved over time, and how early philosophers like Aristotle who was of the view that the most important thing was the power of reasoning, he said that only humans can reason so they are the most important beings; Descartes thought that animals cannot feel pain he felt they are mere automatons and so they should not have rights , and Kant who believed that animals are not conscious and may therefore be used as a means to an end, as a way of getting something. They were of the general view that animals do not have rights. Two of the main philosopher's whose theory's I will be looking at in particular are: Peter Singer, and Tom Regan. Peter Singer is thought of as a utilitarian, so I will start by
THE RELATIONSHIP BETWEEN LAW & JUSTICE: A PHILOSOPHICAL PERSPECTIVE
THE RELATIONSHIP BETWEEN LAW & JUSTICE: A PHILOSOPHICAL PERSPECTIVE I INTRODUCTION A significant theme that has occupied the terrain of legal theory is the relationship between law and justice,1 specifically the tension between formal legal processes and 'rules of law' and the achievement of substantively 'just' outcomes in individual cases. Law and justice are not synonymous. 'Justice is a fundamental value which monitors the scope and content of the law.'2 It functions as a catalyst by which laws are enacted, amended, or abolished.3 The concept of justice is one of the most prominent theoretical notions in jurisprudence and is a regular feature in the common discourse about public life.4 It is a concept that is readily understood, especially in the context of its negation, 'injustice'. Justice is a fundamental ethical concept, and is one that can be ascribed in situations involving consciousness, rationality and moral sense.5 Law, on the other hand, is seen as an instrument of achieving justice. Commentators from Plato to Derrida have called law to account in the name of justice, to ask that law provide a language for justice, and demand that it promote, insofar as possible, the attainment of a just society.6 This essay will focus on the relationship between law and justice. It will explore the different philosophical perspectives that have developed throughout the
Cyber- Crime and Information Compromise. What does the notion of reasonable security entail?
Cyber-crime and information compromise is on the increase, presenting potentially fatal consequences to both the targeted individuals and the organisations under attack. Due to information being increasingly exposed to cyber-attacks which might compromise the informations' confidentiality, integrity and accessibility, government laws and regulations have required organisations to employ certain security measures to minimize the risk for vulnerability. These have been fuelled by the large amount of potentially sensitive and personal information that is collected, shared and stored in large databases around the globe, often of core importance to modern organisations1. For organisations to fully understand the scope of its obligations for the implementation of reasonable security measures, it is important to be aware that the law considers security a relative concept2. What does the notion of ‘reasonable security’ entail? Government laws and regulations require organisations to implement security measures that are 'reasonable', 'adequate' or 'appropriate', as exemplified in i.e. the California Security Breach Act3, subsequently implemented in forty-six other states4, and the European Directive 95/46/EC5. Legal compliance is defined as the organisation's ability to maintain a defensible position in a court of law6. Organisations therefore need to implement measures that