Common And Civil Law Legal Systems Law Essay

Common And Civil Law Legal Systems Law Essay In general, law is set of general rules, regulations and principles accepted in some community and to applicable only in its territory, which is written by legislative authority. There are a lot of functions of law in the society and business. Some of the roles of the law are to keep the peace, shaping the rules of conduct and moral standards, promoting social justice and individual freedom, facilitating planning and orderly change and also protecting the environment. Law has been developing through many centuries and always changing according to the communitys social life, traditions and moral principles. Nowadays there are as many legal systems as many number of countries in the world. However all countrys over the world developed and incorporated their own laws based on three main types of legal systems such as Civil law (Continental law), Common law and Religious (Islamic) law. All these three legal systems have their own features and histories which helps us to differentiate and learn easily. In this essay I am going to discuss two main legal systems Common and Civil Law Legal Systems and their criminal and civil procedures. Common Law Legal System Common Law Legal system is one of the most famous and widespreadly used system in the world.  [1]  En.wikipedia.org (2010) suggests that This system was originated from England in the Middle Ages and very common source of a lot of Western and Eastern countries such as United States of America (except Louisiana where English criminal law combined with French civil law), England, Ireland, Canada, Pakistan and Singapore which were colonized by British Empire. The main feature of the Common Law Legal System is that compare to other legal system the Judge is the main authority. . In this legal system the principles and rules of action based on decisions of courts made by judges and similar tribunals (similar cases) to decide future cases, rather than codified rules and legislations. Common law system these similar cases called as a precedent. The precedent which is might be applied to solve some problems is called as a binding precedent or mandatory precedent. Sometimes Judges in orde r to solve some cases uses not the exactly same precedents, but similar or precedents with some relevant information, such type of precedents called persuasive precedents. In some practical cases common law system is not ideal system to use, sometimes some controversial or more considerably complicated features may occur. Moreover, in Common law the decisions of the judge or court only compulsory within particular jurisdiction and some courts have more authority than others. The weight of court decisions also makes Common law different from Civil law system. By contrast, in civil law jurisdictions judge has more self-determination to interpret the given codification rather then predictability like common law system judges. Civil Law Legal System Civil (Continental) Law is a modern legal system originated by Roman law especially the system is derived from Code of Justinian, (during the Middle Ages the emperor Justinian played an important role on the development of the Civil Law System) as later developed by legal scholars later. This system is the most ancient and common legal system in the world. The main and unique feature of the Civil law is that it is collection of written and codified rules in the form of civil codes which are applied and interpreted by judges.  [2]   Criminal Procedures in Common and Civil Law Legal System Common Law and Civil Law Legal systems differ considerably in criminal procedure and civil procedures. Although some systems, including the Common legal system, let private individuals to bring a criminal prosecution against others, prosecutions are nearly always started by the state, in order to punish the defendant. However Civil law legal actions are started by private individuals, companies or organizations. The cases are usually in different courts, and juries are not commonly used in civil cases.  [3]   In both Common and Civil law systems the criminal procedures are significantly varies than in civil law systems. In criminal cases the government will be against the individuals the prosecutor will be on the sight of government and will protect the rights of the victims (society or government) and also in lower case actually the jury will be employed. In criminal procedures as a solution to the case Judge can decide the person who made crime to some sentence, such as fine, jail or time. In the next following sentences there is given how the criminal procedure will be taken in Common law legal systems according to the David Carnes: Prosecution Although a criminal defense lawyer is obligated to advocate the defendants interests, a prosecutor is obligated to seek justice even if it means refusing to charge or convict a defendant. Because of this, the decision of whether to prosecute rests solely with the prosecutor. Although most prosecutions are commenced in response to an arrest by the police of the filing of a criminal complaint by the police of a private citizen, a prosecutor has the authority to initiate prosecution unilaterally. Bail Bail is a sum of money that the defendant must pay to remain free between the bail hearing and the conclusion of the trial. The purpose of bail is to give the defendant a motive to show up at trial (in order to get the bail money back). Judges can set bail higher or lower depending on their estimate of how likely the defendant is to show up at trial. In many cases, bail is denied. Plea Bargaining A plea bargain is a written agreement in which the defendant agrees to plead guilty to a lesser charge, in exchange for which the prosecutor will recommend to the judge that the original charges be dropped and that a previously agreed upon sentence be imposed. The judge does not have to accept the prosecutors recommendations. Prosecutors are willing to plea bargain when they face busy trial dockets, and when the available evidence raises doubts about whether the defendant will be eventually convicted. Trial Practice Trials in common law countries are adversarial, meaning that the prosecution and the defense initiate almost all action while judges are relatively passive, acting as referees. For example, if the prosecution attempts to admit evidence that should be excluded under the rules of evidence, the evidence will normally be admitted anyway unless the defense objects to its admission. In this case, a convicted defendant may appeal on the basis that he received ineffective assistance of counsel. Although every criminal defendant is entitled to demand to be tried by a jury, if no demand for a jury trial is made then the judge will determine guilt or innocence. Sentencing Regardless of whether or not a jury is empanelled, the judge will determine the sentence (within statutorily defined ranges) if the defendant is convicted. The defendant is entitled to present evidence, such as good prior behavior or mitigating circumstances, that may convince the judge to imposed a lighter sentence.  [4]   Continental Legal Systems is the fundamental source of the Civil Procedure. It mainly refers to the civil law takes into account almost all the cases not related to criminal issues the laws almost all the cases which is not related to criminal issues such as business, estates, legal contracts, accidents and domestic issues and intended to protect individuals liberties and civil rights. Civil procedure refers only to the procedures, not the laws. In Civil procedure the role of lawyers are very important and it is specialized area of to practice them. However civil law and criminal law may overlap each other. In such cases the problem will be judged under both criminal and civil procedures. For instance, if the bus driver hits the people walking on the street and kills that person he can be tried in criminal court for killing the innocent people and the victims family members be able to give him to the court for the same case under the civil procedure. Conclusion In conclusion, I would like to state that law is very controversial and very complicated subject to learn. How deep you learn it you will discover more questions to answer. Sometimes you can discover such laws which can overlap each other.

China Environmental Pollution Control Essay

Report overview: Research Beam adds a report titled â€Å"Environmental Pollution Control Equipment Markets in China† that provides latest market trends and opportunities. The report offers detailed analysis of the Environmental Pollution Control Equipment Markets. China’s demand for environmental pollution control equipment has grown at a fast pace in the past decade. In the next five years, both production and demand will continue to grow. This new study examines China’s economic trends, investment environment, industry development, supply and demand, industry capacity, industry structure, marketing channels and major industry participants. Historical data (2002, 2007 and 2012) and long-term forecasts through 2017 and 2022 are presented. Major producers in China are profiled. Complete report is available at : http://www.researchbeam.com/environmental-pollution-control-equipment-in-china-market Table of contents: I. INTRODUCTION Report Scope and Methodology Executive Summary II. BUSINESS ENVIRONMENT Economic Outlook Key Economic Indicators Industrial Sales Population and Labor Foreign Investment Foreign Trade Financial and Tax Regulations Banking System and Regulations Foreign Exchange Taxes, Tariff and Custom Duties To Get Purchase Enquiry of Report : http://www.researchbeam.com/environmental-pollution-control-equipment-in-china-market/purchase-enquiry III. ENVIRONMENTAL POLLUTION CONTROL EQUIPMENT INDUSTRY ASSESSMENTS Environmental Pollution Control Equipment Industry Overview Industry Structure and Composition Market Size Market Growth Drivers IV. ENVIRONMENTAL POLLUTION CONTROL EQUIPMENT SALES AND DEMAND Overview Environmental Pollution Control Equipment Industry Outlook Environmental Pollution Control Equipment Sales and Demand Air Pollution Control Equipment Sales and Demand Air Pollution Control Equipment Sales Foreign Trade Air Pollution Control Equipment Market Demand and Outlook Pricing Trend Water Pollution Control Equipment Sales and Demand Water Pollution Control Equipment Sales Foreign Trade V. ENVIRONMENTAL POLLUTION CONTROL EQUIPMENT MARKET OUTLOOK Environmental Pollution Control Equipment Markets Outlook Overview Industrial Sales by Region Northeast North Southeast Southwest Northwest VI. MARKETING STRATEGIES Distribution System in China China’s Distribution System Environmental Pollution Control Equipment Distribution Channels Transportation and Freight Infrastructure Communications Market Entry Channels Exporting to China Export Market Overview Chinese Trading Practice VII. ENVIRONMENTAL POLLUTION CONTROL EQUIPMENT PRODUCER DIRECTORY Environmental Pollution Control Equipment Producer Profiles Distributors Trading Companies Research Institutions and Associations Get Enquiry About Report: http://www.researchbeam.com/environmental-pollution-control-equipment-in-china-market/enquire-about-report

MBA Interactive Project Essay

Introduction Continuing the work and analysis begun in the first three SLPs, we again project ourselves back in time to the year 2012. I am in responsible for decisions on product development and pricing for the next four years for our line of tablets. I will show the score, financials and market data at the end of the four year period from my previous time discussions. Finally we can make a detailed discussion and analysis of the data using CVP analysis, and will explain why I recommend specific pricing and research and development (R&D) costs for the next four year period. Discussion The Clipboard Tablet Company is currently making three different tablet models; the X5, X6 and X7. The X5 has been on the market for three years already and market research has determined that consumers are not very worried about performance for this older tablet. The middle tablet, the X6, has been on the market for two years and market research shows consumers are concerned about performance but not necessarily price. The final tablet, the X7, is the newest and has only been on the market for one year, and market research shows the consumer is interested in both performance and price. With this in mind, we can analyze how the products evolved when Mr. Shmoe was in charge. The following table depicts the price and R&D percentage for each tablet over the preceding four years (since the last run) and whether or not the particular tablet production was discontinued or not. The graphs also depict the revenue generated and profit from the different tablets over the time period I was in charge of making the decisions instead of Mr. Shmoe. Review Overall the results of the third run of the tablet simulation had an end result which was approximately $142 million greater than the previous run, which was accomplished using CVP analysis. This change was due to two reasons. The first was the increased sales and revenue generated by the X6 tablet, ultimately reaching market saturation. The second reason was due to the dramatically increased sales of the X7. As the graphs display, the X6 accelerated greatly in terms of revenue and profit through 2013 and then began a steady and definite decline once reaching market saturation. Revenue and profit for the X7 were drastically different as compared to previous simulations, beginning to increase in 2014 and 2015,and setting the stage for sustained revenue and profits in the future time period. The X5 was relatively unchanged from previous simulations since I left the pricing alone due to the tablet having been on the market for several years already. Data Discussion It will also help to discuss in more detail what happened in the third simulation under my supervision while using the CVP model. For the X5, initial R&D allocation of the $24 million available was only 5%, or $1.2 million, plus the $75 million in other fixed costs gave a total fixed cost of $76.2 million. The variable cost per unit for the X5 amounts to $150, and using a price of $300 per tablet, the breakeven point for the X5 is 508,000 units sold. A price of $300 per tablet yielded a profit of $119 million. Fixed costs for the X5 are extremely high and with the age of the X,5 little R&D dollars were allocated in order to keep the total fixed costs down. Next up, the X6’s fixed costs were $48.3 million including the R&D costs, while the variable cost of the X6 came out to $275 per tablet. The breakeven volume for the X6 priced at $375 per tablet comes out to 375,000 tablets. The idea here was to achieve market saturation as quickly as possible and reap the associated profit. Based on the life cycle of the X6, the price was increased by only five dollars per year and associated R&D expenses were reduced only 5% in the latter years. Finally, the X7 has the exact same fixed cost as the X6 with the only difference being the dollars allocated for the R&D, which for the second run of the simulation was $49.5 million. However, the variable costs for the X7 are extremely low at only $55 per tablet. The breakeven volume for the X7 at $120 per tablet comes out to just under 577,000 tablets. The strategy here was to have a much lower initial price in an attempt to capture market share and volume upfront which would ultimately reap large profits after the breakeven point. Formulating a revised strategy Considering all of this information, the revised strategy will be somewhat similar from the previous one in regards to the overall conceptual plan. My previous strategy focused on CVP analysis, while the newer revised strategy for the tablet simulation will attempt to tweak and optimize this strategy further. Due to the lower breakeven prices of each of the tablets, volume for each one can be increased immediately by a reduction in price. Therefore we will attempt this for the X6 and X7 tablets. CVP does not account for product lifecycle, however, which is why my strategy is to more or less leave the pricing the same for the X5 as the previous run. R&D for the X5 will never increase above 1% since the consumers don’t care for this feature, while R&D will be the highest for the X7, which is marketed as the primary benefit of this higher-performance tablet. Prices for the X6 and X7 will increase by $10/year while maintaining roughly a 40-60 R&D split respectively, with the beginning price of the X7 starting $10 lower. This strategy should show higher profits after four years by keeping prices closer to their breakeven CVP pricing and varying slightly the R&D costs based on changing market saturation. To sum up the strategy, it is to more or less leave the X5 and X6 fairly constant from my previous simulation but attempt to increase overall sales in the X7 market, thus creating more revenue and profit. The following table depicts the results of the updated strategy for the next four years. As you can see we left the initial pricing for the X6 the same, starting out with a price of $375. Conclusion In conclusion, we generated a revised strategy for the Clipboard Tablet Company based on a revised and optimized CVP analysis. By adjusting the pricing for the X7 slightly downward in order to increase sales and revenue/profit, we maximize the outcome. The goal is to continue reap the profits out of the X5, get maximum revenue off of the X6 by achieving market saturation and to dramatically increase sales of the X7 which is the future for our company. I look forward to putting this into practice. References Forio.com, 2012. â€Å"Introduction.† PDA Simulator. Retrieved 09 Jan 2013 from: http://forio.com/simulate/jelson/tablet-development-sim-1/simulation/#p=page1 Manoski, Paula, 2002. â€Å"The R&D strategy/strategic process Part 1: a road map to R&D effectiveness.† Allbusiness.com, Retrieved 09 Jan 2013from: http://www.allbusiness.com/sales/customer-service-product-knowledge/122484-1.html QuickMBA.com, 2010. â€Å"Product Lifecycle.† Retrieved 13Jan 2013 from: http://www.quickmba.com/marketing/product/lifecycle

A Cultural Rhetorics Methodology Making Research Matter...

Background In Riley Mukavetz essay â€Å"Towards a cultural rhetorics methodology: making research matter with multi-generational women from the little Traverse Bay Band†, goes into details about her research study and also explains the results therein with regards to â€Å"thereness†. Mukavetz came upon the concept of â€Å"thereness† after listening and analyzing the talking circle of her study participants. Talking circles is defined as an effective way for individuals to express themselves, and solve issues. The main purpose of talking circles is for individuals to participate in a discussion without judgmental comments being given to one another. Chinatown is located in the Houston metropolitan area and has become a more diverse and international community. Chinatown is a community that has various ethnic groups living in the area. Question is, what participants can we use to represent the nationality within Chinatown community, Asian Americans? The focus of the talking circle would be to gather all Asian American cultures such as Chinese, Filipino, Indian, Vietnamese, Korean, and Japanese to explain why they begin to immigrate to the Southwest area of Houston. Becky M. Nicolaides author of â€Å"Introduction: Asian American Suburban History†, explains how suburbanization has increased in recent years in history. Chi-Kan Richard Hung and Paul Ong are authors of â€Å"Sustainability of Asian American nonprofit organizations in the U.S. metropolitan area†, the article examines Asian-American