Monday, December 30, 2019

Stereotypical Images And Old Brickwork Courts Law Essay - Free Essay Example

Sample details Pages: 8 Words: 2478 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Manchester Minshull Street Crown Court was very much the stereotypical image of a court, complete with the old brickwork, the large courtrooms with lots of polished wood, and of course, the gowns and the wigs. In comparison, Manchesters Civil Justice Centre was much more modern, consisting of lots of glass and lots of floors. Although in the civil court it was only possible to view small claims trials, in the crown court, it was possible to observe part of a trial with a jury (the defendant was accused of engaging in sexual acts with a minor) and a case of assault which ended with a plea-bargain. Here, both courts will be considered for their differences and similarities, to try and find out how accurate perceptions of the law are. Two observations stood out in the Crown Court; firstly, the number of staff involved both in and behind the scenes of the proceedings. Although in every case, there will be a judge, solicitors or barristers (in some cases both) and i n certain circumstances a jury, the court room is a much busier place than first envisioned. For example, there will be the clerks of the court keeping the procedure running smoothly (e.g. escorting the jury in, swearing in witnesses) and there will be the security officer (who will escort the defendant in and out of the courtroom when required), as well as other staff members who keep the process going. Before the Judge is called, and the court is in session, there are constantly people walking in and out of the courtroom, usually counsel or other members of the court; sometimes a change of plea is issued at the last minute, and a scheduled trial by jury no longer takes place, or the court staff are confirming details of the case. Indeed, among the staff that dont constitute as counsel or the judiciary, the upcoming case is often discussed, bringing everyone up to speed before the case is called into session. A court trial procedure isnt simply the job of the lawyers and the judge as common perceptions might have one believe. Secondly, there is a lot more waiting around than anticipated. Trials and hearings do not always take place in one sitting, and they do not even have to be completed on the same day. As aforementioned, more often that not (and certainly more often than initially believed), a scheduled trial will no longer take place, usually due to a change in plea. The case surrounding assault initially was going ahead as a jury trial, but just before the case was due to be called into session, the defendant changed his plea to guilty, which meant a trial was no longer needed. Lord Devlin once described the jury as the lamp that shows freedom lives  [1]  . However, in reality, very few cases are tried by a jury. Only a small minority of cases are ever brought to trial, of which even fewer are actually tried before a jury, and during the visits to the Crown Court (which as it is only represent 2% of criminal trials  [2]  ), only one of the cases observed was brought before a jury. The jury itself in this instance could be considered as ethnically varied; although mostly white, there was (as far as could be seen) at least one juror from an ethnic minority, and the jury covered both genders in a roughly 2:3 male to female ratio. There was also a noticeable age variation among the jurors, from the estimated age of a university student to the estimated age of a pensioner. As a whole, the jury seemed to be quite involved in what they were doing. Some were paying close attention to the monitor to their left (at that time displaying video evidence) and others were taking notes. Of all the jurors, only the one who appeared to be a student seemed reluctant to be involved in the whole process. Although the way the judge directed the jury both at the beginning of the process and at the end wasnt observed, his instructions during the process were clear, helpful and authoritative, especially when setting up the video call an d when directing them as to the procedures during their break. Even though issues were discussed between the judge and the both counsels during the jurys absence, when they returned, the judge kept them informed of what had been said, keeping everyone organised and up-to-date. On the whole, in the Crown Court cases, most of the judges did fit with the stereotypical image in terms of age, gender and race: in all the cases observed, all were older white males, and all wore the traditional gowns and wigs anticipated by the public majority when in a court room. However, on the courts daily procedures listings, it was noticed that although the majority of judges were indeed male and of the ranking of Circuit Judge (supporting government statistics that 87.6% Circuit Judges are male  [3]  ), there was a singular female judge listed (although she had the ranking of Recorder rather than Circuit Judge, where females only make up 13.68% of the total  [4]  ). In a similar light, the re too were few judges from ethnic minorities, and those that there were from an ethnic minority had the status of a Recorder (6.02% of the total number of Recorders come from an ethnic minority  [5]  ). In all, the judges in all the criminal trials and proceedings observed didnt appear to have become case-hardened and cynical as proponents of a jury-based system will have people believe. The judges seemed willing to keep an open mind throughout the case and were friendly to everyone both during the proceedings and the time in between. In a case of assault, when the judge was giving his final statements, he took a moment aside from the case to thank the defendants mother (the defendant was a black male teenager, seemingly conforming to stereotypes) for coming to the trial. He went on to explain then about how many similar cases hed tried and how often the family of the accused actually bothered to go to the proceedings, so he was glad that the mother would still support her s on. Although not strictly law related, this feature of this one trial was surprising and challenged common perceptions that judges are stereotypically harsh and unfeeling. This was especially the case with young offenders in specific circumstances in the case of assault, the defendant was initially defending himself from attack and took the defence too far. One of the most interesting aspects of the Crown Court was the use of video-calling to interview a witness. This was most likely due to the fact the material witness was a fourteen year old girl, who for various reasons could not be present within the courtroom itself. A video-monitor was situated near to the jury and another was situated in view of the whole court, and these were used to both hold the video-call and to observe video evidence. The judge himself was in control of the call, echoing his authority. This case also interesting due to the fact it shows how serious evidence is taken by the judge although only fourte en, the witness was still required to be sworn in and how important tangible evidence actually is for a criminal trial. Unlike the proceedings in the Crown Court, the proceedings in the Civil Court had a much more restricted access, mostly due to the nature of the cases. A vast majority of the cases brought before a Civil Court are family proceedings, which means they are conducted in private, and this restricted the number of cases available for viewing. As of April 27th 2009, the restriction on journalists who wished to attend family court hearings was lifted, allowing for more proceedings to be heard publicly, but they are not given automatic access to court documents and reporting restrictions still remain in place, including the total ban on reporting Children Act proceedings and hearings concerning the maintenance and upbringing of a child  [6]  , even if this means nothing to the public majority. In comparison, in the Crown Court, where the cases are of a criminal nat ure, there are no restrictions on members of the press being present during any trial or case, even if the case itself is not open to the rest of the public  [7]  (which would only occur in cases of national security or cases of a highly sensitive nature). Out of the cases observed in the Civil Court, not one involved the use of a jury. Jury trials in civil courts are now very rare, and are restricted to cases of fraud, libel and slander, malicious prosecution and cases of false imprisonment. It too can be said that unlike in a magistrates or a crown court where their job is to determine the truth and validity of a case based on the evidence brought before them, in a civil court, their job is to base their decision on the balance of probabilities. During one of the small claims trials in the Civil Court, neither party had a fully qualified representative for their counsel. The defendant defended himself, and eventually lost the case partially on the basis that he didnt rea lly seem to understand the legal process (i.e. the procedure required for witness statements or how to ask witnesses questions that were actually relevant to his case) and as a consequence couldnt defend himself adequately. The judge constantly had to reiterate and qualify what he meant or what he was asking, which made the process much longer than maybe it needed to have been. In comparison, the claimant was in the process of taking the BVC and had previous experience within his company of similar cases, even if he wasnt yet qualified, and so had a much greater understanding of what was going on (he was able to include cases which constituted precedent for his argument and he understood how the whole process worked, such as addressing the judge and using the specific terminology). This seems to suggest that the case wasnt as understandable to a lay person as to someone who has some understanding of legal issues and terminology. In the Civil Court, there was a much greater use of precedent than in the Crown Court, supporting the prior observation that a civil case is decided on a balance of probabilities rather than on the basis of the validity of evidence presented (e.g. cases include Lumley v. Green  [8]  , OBG Ltd v Allan  [9]  ). This isnt to say that evidence isnt used in a Civil Court or isnt equally as important, but it emphasised the extent to which a criminal trial is mostly based upon evidence which is unique to a certain case. A civil trial is different in that the specifics dont matter quite as much as the way similar cases have been settled in the past. The proceedings in the civil court were a much more continual process, or at least in the small claims trial the proceedings were more continuous. Whereas as aforementioned, the criminal trials involved a lot of sitting around, the cases in the civil court werent interrupted once, with the entire case laid out before the judge and then his decision being made at the end of the proceed ings (in one case, his decision to issue damages to be paid by the defendant). However, these small claims trials arent fully representative of all the proceedings in the civil court, despite making up a large percentage, and it must be acknowledged that proceedings in full trials of other matters may indeed have been much different. Indeed, whilst waiting for a small claims trial to come into session, many counsel were observed walking around the courthouse, dressed in the traditional gowns, so whilst there were no wigs or gowns in the small claims trial, this doesnt mean they arent used in a trial in a higher court. The same therefore can be said about the proceedings what goes on in a lower court in front of a district judge may not be the same as one in a High court. Similar to the Crown Court, the judge in the small claims trial was male, however didnt fit into the stereotypical image of a judge he was Asian, fairly young and didnt wear any of the traditional gowns. Unlike the Crown Court too, he was referred to as Sir rather than Your Honour, which implies that the proceedings in this type of court case are a lot less formal than perhaps in a criminal trial (e.g. the members of the court werent required to stand when the judge entered) or even a civil trial in a High Court. So although he could potentially be viewed as holding a lower rank, this is not due to his ethnicity a High Court Judge simply isnt required to sit in on such a minor issue and there was no way of determining the race of the other judges in session. In the same light, there was no way to determine whether or not there were any female judges in session, or their rank, simply due to the trials available to see. Despite this, there were plenty of female staff, usually in administrative roles or acting as counsel, most noticeable acting at the clerk of the court. However, unlike in the Crown Court, she left almost immediately, leaving very few people in the courtroom as proceedings unfolded. The organisation of the civil court seemed to be a bit lacking, with proceedings being held up due to a lack of judges being in attendance or simply because parties involved were still trying to settle before their case was brought into session. In the same manner, cases which are scheduled do not always go ahead as planned as a defendant in a criminal trial will change his plea, so too can parties in a civil trial settle before they go before a judge which meant there was a lot of waiting around for proceedings to begin. This seems counter to the claim that a civil courts principle objection is the avoidance of delay and the minimisation of delay if it cannot be avoided entirely  [10]  , especially in light of the judges power to adjourn hearings at their discretion. In conclusion, many common perceptions surrounding court procedures are actually unfounded, both in the civil area and in the criminal. There are many more similarities in the different courts tha n originally perceived, but there are also some differences that were unexpected, such as the formalities of procedure and the amount of people actually involved in the different court processes. However, despite their similarities, the two types of court are very different in their nature (such as the types of cases they deal with) and these difference are obvious from watching the different proceedings. Don’t waste time! Our writers will create an original "Stereotypical Images And Old Brickwork Courts Law Essay" essay for you Create order

Sunday, December 22, 2019

The Pollution Of China And Its Effects On The Environment

Science is developing everyday. There are numerous amounts of products coming out from the companies and being wasted everyday. Interesting fact is even though people are brilliant at making new products, but they do not have solution how they are going to do with the waste after being used. Most of the wastes are ship to developing countries in Asia. The major country would be China. Since China has 3rd largest land scale in whole world there are numerous amount of trash to be buried or burn. Also, there are a lot of companies around the world have factories in China, because they have cheap labor and huge land. Major company would be Apple, Omega watch, and other huge companies we know. Since china takes numerous amount of percentage of human population around the world there are food problems in China, which affects the sustainability in environment. Since there are numerous amounts of factories in China they produce carbon dioxide and other toxic chemicals in to the air and water , which most of the people know. However, not much of people know about the dust called â€Å"yellow dust†. Yellow dust is a dust that is tinier then a human hair, which has been mixed with the sand from the dessert and toxic dust that is coming out from the factories. The yellow dust move it’s way from China to Korea, Japan, and even to United States. There are numerous amounts of effects to the environment and human. For environment yellow dust blocks the sunlight by covering up the plant’s leaves.Show MoreRelatedA Major Area China s Air Pollution Effects On The Environment1568 Words   |  7 Pages A major area China s air pollution effects is the environment. With this in mind a way the pollution damages the environment is through acid rain (Air pollution in China). 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Saturday, December 14, 2019

Introduction to Marketing M1 and D1 Free Essays

Introduction to Marketing – Comparing Marketing Techniques in HMeting Techniques in Hollister and Primark For this assignment I was meant to write about Primark and Hollister. I am still basing part of my assignment on Primark. But, I have changed Hollister to H M as I was unable to find any information on Hollister The information I found on Hollister the background I couldn’t find anything about aims and objectives and how Hollister market the business. We will write a custom essay sample on Introduction to Marketing M1 and D1 or any similar topic only for you Order Now The information I found on Hollister Hollister is an American lifestyle brand. The concept of Hollister was originally designed to attract customers between the ages of 14 to 18 as there prices are lower than the parent brand. Hollister clothing line was inspired by the parent brand SoCal. Hollister products are available in store across the world and online. Hollister was the second most preferred clothing on a list West Coast companies in 2008. The businesses I have chosen for this assignment are Primark and HM. HM Primark is an Irish clothing retailer, in Ireland Primark is known as Penneys. Primark have different store all around the world such as Portugal, Spain, Germany, the Netherlands United Kingdom and Belgium. Primark’s main headquarters are in Dublin. Primark first opened in 1969 on Mary Street in Dublin. Primark’s mission statement: â€Å"To supply quality clothing at prices perceived to offer real value. † Primark’s aims and objectives are: * To provide good quality products to customers. Primark want customers to know that they are an excellent company which provide good products for low prices. Primark achieve this by doing tests on their clothing and product to examine the quality of the goods they sell. Profit Maximisation * To sell products and clothing at reasonable prices. Primark want their customers to have a variety of clothing and product at suitable prices. Primark well achieve this aim by looking at what other high street store are selling and make their prices lower so they stay ahead of their competition. * To be helpf ul and friendly to customers and other employees. The customer of Primark like the atmosphere at Primark and service given this well make them to come back so therefore Primark well gain repeat customers. Primark will achieve this by greeting the customer as they walk in. By doing this Primark employees create an excellent atmosphere for customers as the greeting makes them feel welcome. * To treat everyone the same. A customer at Primark needs to feel that they are treated the same as any other customer at Primark. If a customer feel they are being treated differently to someone else they are more likely to shop somewhere else so therefore Primark well lose customers because the customer who thinks they were treated unfairly will tell their family and friends about their experience at Primark so word of mouth well have an impact on Primark. H M’s mission statement: The aims and objectives of H M are: HM aims: * To show appreciation. * To encourage long-term commitment. * To promote future recruitment. * To strengthen HM as an attractive employer. HM have three mean marketing objectives the three objectives are: * To make the HM brand name more well known by doing more promotion example more advertising. The HM brand need to be more outstandingly outside of significant cities. In the USA more people are unaware of what HM offer. So to gain more customers and beat their competitors HM are advertising the brand in different way compared to their competition example HM membership. If you are a member of HM you can get text messages and email informing customers about the newest product HM have. The HM brand need to be well known as the more people know about the brand, the easier it is to expand such as more stores in more countries. * To focus on the fact which HM’s regular sale prices are usually lower than their competitors. The second objective of HM is to focus a percentage of the advertising to the fact that HM average sale prices are more regularly lower than their competition. HM rely on nonstop focus on cutting cost. Also the officials in HM buy the materials as cheaply as possible; HM also need to keep their overheads low. All the advertisements focusing on HM’s low price but good quality products. This helps keeps the HM’s brand image in a positive light among their teenage customers while still stating that they are good value for money. To use economic slowdown as a possibility to expand by obtaining more low – cost venue and prepare for future economic growth. HM want to expand in the USA by securing low cost venues. As the economic property market gets worse HM which leases it’s will find it more straightforward acquiring prime locations at excellent period. This will give HM an advantage when the property market picks back up. HM use the opportunity to expand to l ow – priced venues for the future climb in the brand There are similarities in the way Primark and HM market their products for example jeans. Primark market their new collection of jean on the internet by having â€Å"pop up† advertisements on line for example on if you have an email contact sometimes there are advisements. HM advertise the same way as Primark but they also have television advertisements advertising for example a new pair of jeans. Also if you’re a member of the HM you get emails to your email address informing the receiver about any new collections. Primark do give got leaflet or fashion books with the season’s current fashion in which can be found at the store. HM do give their customer leaflets and booklets informing them of the season current fashion which HM sell in store. For example the leaflet or booklet could be about all the different types of jeans HM sell. It is also type advertising. If Primark were to give their customers leaflets and booklets they would gain more customers. HM do competitions but HM customers are only allowed to enter the completion once they have spent a certain amount of money at their store or on line. Primark don’t do competitions as their purpose is to gain customers by selling products cheaply. HM give out vouchers to their customer and also do discounts at the end of season on their clothing this is a great marketing strategy because the customer knows that HM want to make a profit but they also take the customers The two marketing tools Primark and HM use are Market Penetration and Market Development. Market penetration is used in Primark and HM. For example Primark and HM sell clothing such as jeans tops dress coats jackets e. . which are existing products to existing markets. Using market penetration is a marketing strategy which the aim is that Primark and HM Primark and HM both use market development because the aim of market development is to sell existing products into new markets. Primark and HM have opened store around the world. HM also distribute clothing in different ways. Example they have an order before 3pm and you get the product you ordered the next day. You can also order online and collect at the store which is local to you. Market development is a dangerous strategy compared to market penetration because market development target new customers and markets. To conclude this report I think that branding and (something else) are need in Primark and H M in order for the business to be successful. Marking strategies are key in business in order to give the business structure. Introduction to Marketing – The Effectiveness of Marketing Techniques used by HM Market penetration are customer know purchase a product. For example if someone was to purchase a limted edtion Anna Dello Russa at HM . The market would be people in the UK who like limted edtion Anna Dello Russa at HM. HM would grow by the rising number of people in the market who have bought the dress at HM. Market development is when a business sells an existing product to new markets such as new customers. So in the example of the a limted edtion Anna Dello Russa at HM. HM could sell limted edtion Anna Dello Russa Rangein America. The product wouldn’t have changed, the prouct is just being sold to a different market to different customers. One of the advantages of using market penetration is that HM would offer lower prices for a specified period to attract new customers. The customers might not respond when the normal price returns. But during that period they will get more customers. A disadvantage of using market penetration is that it could result in reduced profitability. As when using market penetration HM reduce pricing meaning they may result in profits being low. If HM were to launch a new range the result in sales may not cover the adversiting coasts and distribution costs. As market penetration seeks to achieve four main objectives what are: * To maintain the market share of current products. * Secure dominance of growth markets. * Restructure a mature market by driving out competitors. * Increase usage by existing customers. The advantage market penetration is that it can be achieved by a combination of competitive pricing strategies, advertising, sales promotion and personal shopper. HM do all of the strategies listed above they adviste on telvision and online and in local area by posters. For the more high end people they even offer a personal shopper service. HM use market penetration to adviste the business to make it more known for example when HM advertise they are letting there customers know what products they are selling HM uses another objective of the market penetration to their advantage by increase usage by existing customers by having a loyalty scheme. HM offer a store card to their customers when their customers use the store card they get discounts on certain products in the shop. * It identifies what customers want. Market development indenties what customers want. Market development is the name given to a growth strategy where the business seeks to sell its existing products into new markets. There are many possible ways of approaching this strategy, including: * New geographical markets; for example exporting the product to a new country * New product dimensions or packaging: for example New distribution channels (e. g. moving from selling via retail to selling using e-commerce and mail order) * Different pricing policies to attract different customers or create new market segments Market development is a more risky strategy than market penetration because of the targeting of new markets. The advantage of using market development is that HM sell products such as clothing that all ready exists to new customers/ markets. Another advantage of market development is that HM are selling clothing to new customers in different countries. The disadvange of doing this is that ecomic changes can happen in the countries which HM have expand to meaning that they will therefore may lose money and their share holders divident can go down. The disadvange of using market development is that it is risker than using market penetration. The reseach I did to come to the conclusion I have made can be found on these websites and in the books listed below: Bevan, John; Coupland-Smith, Helen; Dransfield, Rob. BTEC Level 3 National Business, Book 1. http://www. penetrating. net/ http://www. s-m-i. net/pdf/Business%20strategyntro. pdf How to cite Introduction to Marketing M1 and D1, Essay examples

Friday, December 6, 2019

Black Veil Brides Crtique free essay sample

The powering licks, guitar solos and harmonies by guitarists Jake Pits and Jinx are powerful crowd rising, something reminiscent of Motley Crye and KISS (their main influences). Set The World on Fire had me running through my house air guitar-ins and pretending was playing a sold out arena. It is a much more confident and dominating sound than their first record We Stitch These Wounds. With the addition of new Drummer Christian C. C. Coma, the band grows a lot more than on the first record. The beat is more loud and crazy.They won Best New Band at this years Golden God Awards and Best International Newcomer Kerning Awards. Upon accepting his lifetime achievement award rock legend Alice Cooper (of Alice Cooper Band) shouted them out for keeping rock theatrical, having a strong image, and entertaining fans in a way that has been missing in rock for over 20 years. We will write a custom essay sample on Black Veil Brides Crtique or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The band sets a new standard for themselves with this record and fans should not expect anything less than this quality after this record. Set the World on Fire is sure to please fans and extend the bands growing base even further.