#Lawarticle

[thellawtoknow]

Casus Belli

Topic: Understanding Casus Belli: The Justifications for WarThe Peloponnesian WarThe First World WarThe Second World WarThe Falklands WarThe Iraq WarLegal Frameworks and Casus Belli in Modern International LawArticle 51 and Self-DefensePrinciples Governing the Right to Self-DefenseDebates and ChallengesCommon Types of Casus BelliSelf-DefenseHumanitarian InterventionRetaliationTreaty…

[thelawtimesjournal-blog]

Conciliation and Mediation: An Effective Family Dispute Resolution

Family plays a crucial role in any community or society. A family is an association as well as an institution. Not only economic needs but also, more importantly, the emotional needs of the members are taken care of in the family. Today, divorces and disputes over property inheritance are proliferating like never before. The reasons may vary from economic conditions to professional problems and psychological imbalances. The author of the article made a socio-legal study of the causes of the conflict in the family. It is important for the society to devise means of protecting the family and also preventing and resolving the disputes that could damage and destroy the delicate fabric of the family. The author suggests conciliation and mediation for the resolution of these disputes as these mechanisms offer multifaceted resolution advantages like objectivity, due focus on the issues, neutrality and independence. The author also gives an overview of various statutory frameworks in India supporting ADR mechanisms in family disputes.There is a growing feeling among the legal experts, sociologists and psychiatrists that the use of The IUP Journal of Alternative Dispute Resolution (ADR) methods such as Mediation, Arbitration etc., must be encouraged in the resolution of family disputes. This school advocates the replacement of adversarial court system with a less formal interactive procedure by providing well organized supporting services such as family counselling services, reconciliation services, investigative services, legal aid services and enforcement services. Justice R C Lahoti, the Chief Justice of India, strongly endorsed the view that there are inherent weaknesses in the existing justice delivery systems which call for effective measures for strengthening the institutional processes. He also stressed the importance of the ADR mechanism, because the aim of ADR is to bring about a durable resolution of disputes and not to impose and enforce decisions. According to him, ADR mechanism especially mediation and reconciliation should play a major role in settling disputes, as it would save energy, time and money of the litigants, particularly in family matters.Need for Mediation and Conciliation in family disputes:Litigation does not always lead to a satisfactory result. It is expensive in terms of time and money[1]. Its adversarial nature does not change the mindset of the parties and ends up in bitterness. Alternative dispute resolution systems are not only cost and time effective; they preserve the relationship between the parties by encouraging communication and collaboration.Maintenance of peace and harmony is the paramount consideration in resolving family disputes. Conciliation and mediation are old institutions and indeed they are deeply rooted in the social tradition of many societies, particularly in Asian culture and values. In India, family disputes were resolved by the elders of the family who acted as conciliators or mediators. Even today, elders of the family and in villages, the elder persons of the village have such a role. Panchayats also perform a similar function and are preferred by villagers over courts due to their easy accessibility and prompt dispute resolution[2]. The philosophy behind ADR is amicable dispute resolution and mediation is one such process that provides a space to the parties to sit down and focus on what they really want, rather than think what they need to seek or what the law will let them fight for[3]. Mediation is defined in Black’s Law Dictionary as “a private, informal dispute resolution process in which a neutral third party, the mediator, helps disputing parties to reach an agreement[4].” Family dispute mediation is a process in which a mediator, an impartial third party, facilitates the resolution of family disputes by promoting the participants’ voluntary agreement. The family mediator assists communication encourages understanding and focuses the participants on their individual and common interests. The family mediator works with the participants to explore options, make decisions, and reach their own agreements[5]. Thus the family mediator assists the participants to gain a better understanding of their own needs and interests and of the needs and interests of others.References to mediation/conciliation in family dispute resolution can be found in the Family Courts Act, 1984, Civil Procedure Code, Hindu Marriage Act and the Legal Services Authorities Act, 1987 that recognizes and gives a special status to Lok Adalats that have been very effective in mediating family disputes. The Family Courts Act was enacted with a view to promoting conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith[6]. Conciliation, speedy settlement, non-adversarial approach, multi-disciplinary strategy to deal with family disputes, informal and simple rules of procedures and gender justice are supposed to be the cornerstones of the philosophy of the Family Courts[7]. The whole structure of family courts rests on the twin pillars of counselling and conciliation. The counsellors are required to not only provide counselling but to bring about reconciliation and mutual settlement whenever feasible. Section 9 (1) of the Family Courts Act states that “In every suit or proceeding, endeavour shall be made by Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.” While Section 9(2) directs the family court to adjourn the proceedings if it appears that there is a reasonable possibility of a settlement between the parties for such period as it thinks fit is necessary for taking the required measures for bringing about the settlement. These provisions, however, do not make mediation/conciliation compulsory.Section 23 (2) of the Hindu Marriage Act, 1955 which contains similar provisions provides that before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties provided that nothing contained in this subsection shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii)[8], clause (iii)[9], clause (iv)[10], clause (v)[11], clause (vi)[12] or clause (vii)[13] of sub-section (1) of section 13[14]. It also states that, for the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, affected and the court shall in disposing of the proceeding have due regard to the report. Here again, there is no compulsion to go for mediation before taking recourse to litigation[15].Similarly Section 89 of the Civil Procedure Code (Amendment) Act, 1999[16], directs the courts to identify cases where an amicable settlement is possible, formulate the terms of such a settlement and invite the observations thereon of the parties to the......... read more 

[gurudev17-blog]

Law Times Journal is India’s leading online portal providing education free of cost by providing a platform wherein young legal, JRF, IAS and Judiciary aspirants are given tools to sharpen their acumen.  

[cnatraining-blog1]

24 hr towing beaumont Requirements

  Usually Towing services are always in need. When you are trapped or stranded in the middle of a road or your car stops working on the busy road or you meet an accident, then you must need a towing service. Towing service is always important and need to help out the people from many situations. Law enforcement companies also need the help of towing trucks to remove away the vehicles which are parked wrongly or parked in the restricted areas. Police also need the services of towing trucks to remove damaged vehicles from crime scene or accident. Many towing companies provide you ultimate towing services. People who on the towing services have their own companies or they are doing work on contract basis. The ones who are the owner of the company require putting more effort and investment as compared to the people who are working on the contract basis. Towing companies require certified license. Without the working license they can not work freely except for the permitted hours. When towing companies get their license they can perform their services round the clock for 24 hours and 7 days a week.24 hr towing beaumont is an excellent resource for this.

When you are starting the business of towing services, it is important to obtain insurance. Insurance acts as security and gives you relaxation. Insurance is an important factor and considerable use when any accident occurs during the process of towing any vehicle. It is important to keep your insurance copy with you all the time in towing truck. The main element of any business is its employees. If employees are well trained and do their jobs efficiently, then business can grow easily. When you want to hire employees, always check their qualifications and background properly to hire a good employee. It is important to check their driving license that they are official. It is also important to check their driving records that they are annulled of any illegal activities like a drink while drunk. Always make sure that employee can drive and handle a towing vehicle. Always make sure that he doesn’t have any criminal records to avoid difficulties in the future. An honest worker with no criminal record is the asset for your company.

The other important thing you need to require from the towing company is equipment. You can not run your business successfully without having proper skills and tools. If you don’t have proper tools but your employees are highly skilled even then you can not run the business. The equipments must be up to date and well maintained and in good working condition. Many countries have specified the rules and regulation for towing trucks and vehicles being used in it. If your country has also these types of lawArticle Search, always keep in mind while purchasing the tow truck. The best method to advertise your towing company is to display the company name and business contact number so if anyone need they will call you. It is also better to give two way walkie talkie or radio system for driver of the tow truck to stay in touch in case of emergency.

[superdrivel]

https://omgfacts.com/the-us-judge-who-signed-his-name-adolf-hitler/

Bit of uhh “neat” US/Nebraska legal history.

[stmaartennews-blog]

CONSTITUTIONAL LAW ARTICLE 120 AND ST MAARTEN THE LATEST

Constitutional Law Article 120 CONSTITUTIONAL LAWARTICLE 120 SOURCE: https://www.mr-online.nl/artikel-120-op-de-schop-constitutionele-toetsing-bevordert-constitutioneel-denken/ International tourism recovers 46% of pre-pandemic levelsLast Updated: August 2, 2022The government intends to make constitutional review possible. A good idea? mr. asked aprofessor, a judge and a lawyer. Surprisingly,…

[viy000000]

Humans Beings Deserve Rights: An Open Letter to US Citizens

The September 11 attacks have changed the United States entry policies to the country; from that the Department of Homeland Security emerged along with the Immigration and Customs Enforcement agency. The DHS serves to protect our rights as beings and ensure our safety. An organization established to defeat terrorism, has evolved into a terroristic threat itself. ICE’s own Enforcement and Removal Operations functions as a state sponsored terrorist organization. The CIA defines terrorism as “politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.”Dear Citizens of the United States,

        Yazmin Juarez and her daughter Mariee arrived in Texas after traveling through Mexico from Guatemala, fleeing the violence and rampant unemployment. On March 1st, they were detained according to the zero-tolerance policy implemented this year. Within a few days they were sent to a family detention center in Dilley, Texas. Not even a week later, Mariee started showing signs of sickness that only declined with the passing days. Reports from her mother suggest the level of inadequate attention and care available at the detention center. Yazmin passed her credible fear interview and is soon released with a terribly ill Mariee. After spending several weeks in the hospital post-release, Mariee’s condition takes a turn for the worse and she ultimately dies.

      News eventually is spread to the media, to which @ICEgov, the official Twitter for the US Immigration and Customs Enforcement agency, denied all allegations of a child dying in their custody. Mariee, a genuine baby having not even reached the age of 2, spent a total of 70 days in the US before her avoidable death. She did not die in ICE custody, but her death is a direct result of the insufficient care available in detention centers. Yazmin Juarez is an innocent mother who wanted a better life for herself and her child. 

My name is Violeta and I come from an immigrant family, in fact I am the only person in my immediate family to have been born in the US. I live in Chula Vista, CA, a 10-15 minute drive from the busiest border crossing in the world. From certain areas of the city, you can see Mexico perfectly in the distance. I understand that I will never truly experience or understand life as an undocumented immigrant, but I do support them. They are human beings deserving of human rights. As a member of an immigrant community, I am deeply concerned for the lack of rights and proper treatment given to my immigrant neighbors, friends, and family. I refuse to let these incessant violations of basic human rights are not going unnoticed.

The September 11 attacks have changed the United States entry policies to the country; from that the Department of Homeland Security emerged along with the Immigration and Customs Enforcement agency. The DHS serves to protect our rights as beings and ensure our safety. An organization established to defeat terrorism, has evolved into a terroristic threat itself. ICE’s own Enforcement and Removal Operations functions as a state sponsored terrorist organization. The CIA defines terrorism as “politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents.”

ICE has been known to carry out random targeted and violent raids that tend to indefinitely separate families. With the current administration, gradual immigration reform has sought to increase the number of deportations while simultaneously limiting the amount of people legally admitted into the country.

Such examples would be the travel ban, the attempt to end Deferred Action for Childhood Arrivals, more commonly known as DACA, and Temporary Protected Status or TPS. These targeted attacks have started with recipients of these protections, but also to recently naturalized citizens. Equally, a noticeable lack of judges and agents demonstrates the inability to grant reasonable due process as a way of avoiding providing human rights protections. Actions such as these are underlined by the deep rooted xenophobia and nationalism in our country.  

Mariee was one of the over 2000 children under the age of 5 being detained by ICE, having been separated by their parents. Hundreds of others have yet to be reunited as well. According to the Zero Tolerance Policy, any undocumented person passing through the border is arrested and detained, leading to this cumulation of isolation between family members. After arrest, these detainees are placed in crowded unhygienic centers around the country for varying lengths of time, with limited access to basic needs. The Office of Detention Policy and Planning was the authoritative office regulating and managing the standards of these centers and the differential proceedings for detainees. In April of 2017, President Trump escalated the situations we are seeing today by closing the office, leaving each detainee in the US in an uncontrolled environment.

America is no stranger to implementing xenophobic stratagem. In 1882, the Chinese Exclusion Act was passed, restricting the immigration of Chinese laborers to the country. Chinese immigrants sought new opportunities in the US but were only welcomed as a threat.

Furthermore, he forced placement of immigrants into government holdings is a historically familiar practice. During World War II, Japanese-Americans were forced into concentration camps out of public fear for security. Over half of all interned people were legal US citizens. From day to night, they were forced to leave any of their belongings and were relocated against their will. Overcrowding and deteriorating conditions led to sickness being spread easily, a mirror of what we can see in detention centers in the present. Trauma from this event lives on, in survivors forever, continuing from generation to generation.

A final example of US state sponsored terrorism is of course the constant US intervention in Latin American governance. US backed coup d’états have successfully overthrown democratically elected officials in 5 out of 7 countries in Central America as well as 6 other prominent countries in South America. It follows our historical trend of imposing our belief system on other peoples seen as potential threats. We then go as far arming training and militarizing groups to eliminate the threat completely and replace them with someone who is more likely to share our beliefs. Carrying out armed and violent raids follows this model as a sort of coup d’immigrants, forcibly separating them from society. Any posing threat to society is cast out even minor “criminal” ones.

Our very own Declaration of Independence states that every man is created equal under God and has the right to life, liberty, and the pursuit of happiness. If the government fails to uphold these unalienable rights, it is the obligation of the people “to alter or to abolish it.” Cultures differentiate us as people, but we must recognize that that does not change the fact that we are all human beings that have these rights as protections. If an institution such as ICE cannot fully secure the rights of any people, then it should be abolished.  As a founding member of the United Nations, it is our duty to uphold the belief system, including all people existing within the 195 countries of the world.  The current stratagems utilized by ICE are a direct violation of multiple articles of the UN Declaration of Human Rights including:

Article 4 - Everyone has the right to life, liberty and security of person

Article 6 - Everyone has the right to recognition everywhere as a person before the lawArticle 13 - (1) Everyone has the right to freedom of movement and residence within the borders of each state.(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14 - (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 25 - (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

It’s important to recognize that not all Latinx/Indigenous immigrants are Mexican, many of them come from rural parts of Central America and are labeled as one group of “Mexicans.” Immigrants aren’t coming solely from Latin America; the US gets immigrants from all over the world. Views differ from person to person and many do have the misconception that all immigrants are criminals which automatically places them in a lower status, a form of subconscious dehumanization. America the land of the free, home of the brave, where due process is guaranteed to any free man, including citizens and non-citizens, under the rights of the Constitution.

As citizens, we all have the power to help. Organizations such as United We Dream and Undocumedia are two resources that aid undocumented immigrants in particular. Again, as natural born citizens, we will never understand the case of undocumented immigrants. We must create this a common understanding and viewing of others as equals in order to move forward in society.

Arm yourself with proper knowledge of your rights and extend it to those in times of need.

A video of a Swedish girl surfaced in earlier this year, documenting her delayal of a flight and refusal to take as seat as an Afghan man was to be placed on the flight to be deported back to his country. Elin Errson used her rights, privilege, and above all her voice to ensure this man’s safety.

Volunteer with organizations  

Mariposas Sin Fronteras is a “Tucson, AZ based group that seeks to end the systemic violence and abuse of LGBTQ people held in prison and immigration detention.”  Border Angels is “an all volunteer, non profit organization that advocates for human rights, humane immigration reform, and social justice with a special focus on issues related to issues related to the US-Mexican border.” There are countless groups available that provide humanitarian aid to (undocumented) immigrants in need. Reach out and presently provide aid to those most in need.

Call your local and state representatives

Where undocumented voices have been muted, we must use our privilege and become the loud speaker to protect their right to existence. Speaking with a representative is the most direct way to do so. Voice your concerns and be heard. Representatives can be found here. Here are some tips to help any that might not know exactly what to say or how to word their concerns.

Protect sanctuary cities

Sanctuary cities are at great risk as well. If your city is not a sanctuary city, then include that in you call to your representatives. Make sure that legal representation has a presence in order to limit the overextending powers of ICE.

We must let these people know that there is support even in the darkest of times. Humans aren’t born as hating, prejudiced beings, we are taught these concepts that have been passed down through history. Unlearning hate and misconceptions is a process everyone must undergo. Once you gain self-realization, it is time to speak out, and what better time to speak out than now. There will be people who get angry, there will always be people who disagree with you, but the key is to stand up for what’s right, it may save a life. American-Jewish Holocaust survivor Elie Wiesel once said, “There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.”

[legalupanishad]

Types of Legal Research: All You Should Know

This article on 'Types of Legal Research: All you should know' was written by Rosy Adhikary, an intern at Legal Upanishad.

Introduction

Regardless of their areas of practice, individual attorneys (advocates) and law firms need to conduct legal research. It aids in the crucial case search in the event of a question or uncertainty pertaining to any case. Finding the preeminent case governing the key issues in question is the most fundamental and first step in conducting legal research in the legal sector. In this article, an attempt has been made to study the concept, objectives, and various types of legal research that a law student needs to apply during his/her law school.

Research

Research is described as an “artistic and systematic effort that aims to expand the knowledge base.” This comprises obtaining, organising, and analysing facts to describe a topic, and it stands out by putting a strong emphasis on minimising prejudice and error sources. The French verb “recerchier,” which meant “to search again,” may have been the source of the term “research.” It implies that a new search is required because the previous one was not complete and thorough.

Legal Research

Legal research is more than just studying the law on a scientific level. Instead, one of the goals of legal study is to uncover philosophical or political justifications for the law. Finding support for a particular legal issue or judgment is the goal of legal study. Legal research is done by individuals with a need for legal advice including law professionals, law librarians, and paralegals providers of legal information ranging from textbooks to free online websites. Advocates must do legal research, for instance, if they require court rulings (also known as case law) to support a legal contention they are making in a motion or brief submitted to the court.

Nature and scope of legal research

- Legal research is not fundamentally distinct from other studies. Its topics of investigation are inextricably linked to either pure law or law in connection to society. - Legal research broadly refers to each stage of a method of action that starts with an analysis of the facts of a situation and ends with the implementation and disclosure of the investigation’s findings. - Legal information and understanding can conduct legal research. - Legal research advances numerous legal areas. Legal research is not fundamentally unique from other types of study. Its research questions are inextricably linked to either pure law or law in connection to societal structure.

The objective of legal research

- To check and validate old facts. - To evaluate the data within fresh theoretical frameworks. - To evaluate the effects of recent facts. - To create novel legal theories. - Using historical context to assess the law. - To apply a strict interpretation of the Act.

Sources

Primary and Secondary Sources The real law can be found in primary sources. Primary sources include things like constitutions, court rulings, cases, statutes, treaties, and administrative rules. Materials that remark, clarify, and reflect on these original sources are referred to as secondary sources. They typically consist of treaties, legal periodicals, essays, annotations, law dictionaries, commentaries, publications for continuing legal education, and opinions from the Attorney General, the Secretary of the Ministry of Law, Justice, and Parliamentary Affairs, among other organisations.

Types of Legal Research

Types of legal research

- Applied research- In applied research, specific issues are solved using established ideas and principles. Case studies, experimental research, and cross-disciplinary research are primarily applied research. For basic research, applied research is useful. Applied research also refers to a study whose results are immediately useful. This kind of study is helpful for ongoing work. The technique called “applied legal research” is utilised to identify a workable answer to a current practical issue. It is a simple, effective strategy for the matter you are handling. It entails conducting thorough research on a particular area of law, learning about the relevant technical legal laws and principles, and then forming an opinion on the client’s chances in the situation. - Quantitative Research- It employs data or mathematics, is numeric, non-descriptive, and uses numbers: - The process of evaluating the evidence is constant. - Diagrams and tables are frequently used to show the results. - It is definitive. - It looks into the who, what, and when of making decisions. - Qualitative research- It employs logic and is descriptive, non-numerical, and verbal. Its objective is to capture the sentiment, mood, and situation. Graphing qualitative data is not possible. It’s an investigation. It looks into the causes and mechanisms of decision-making. - Mixed research- Research that combines qualitative and quantitative techniques or that exhibits certain paradigm traits The variables, words, and images that make up data are mixed together. - Exploratory Research- A literature search or focus group interviews may be part of exploratory research. This kind of investigation into novel occurrences could be beneficial. In order to gain deeper knowledge, the researcher may determine whether a more thorough examination is feasible or pick the ideal methods for a subsequent investigation. For these reasons, exploratory research often has a broad focus and rarely provides definitive answers to specific study topics. Exploratory research aims to pinpoint important problems and important variables. - Descriptive research – Descriptive Legal research is described as a research method describing the traits of the population or topic being studied. The purpose of descriptive research is to examine “what” and how many instances of this “what” there are. As a result, it aims to respond to inquiries like, “What is this?” - Longitudinal Research- Collecting data over a lengthy period of time is necessary for longitudinal research. Studies conducted over a long period of time can be: - Examination of trends focuses on demographic characteristics over time, such as the annual rate of organisational absenteeism - Studying a cohort -Evaluates trends in a subpopulation, such as absenteeism in the sales department. - A panel study -This shows the progression of a single sample over time, such as graduate career paths from 1990 to the present. While longitudinal investigations are frequently more time- and money-consuming than cross-sectional studies, they are more likely to pinpoint causal connections between different factors. - Cross-sectional Research - Studies that only collect data once over the course of a few days, weeks, or months are referred to as one-shot or cross-sectional studies. A lot of cross-sectional studies aim to describe or conduct exploration. They are forced to focus on the present situation alone, without taking into account past events or current tendencies. - Action research- Facts to enhance the effectiveness of action in the social sphere. - Policy-Oriented Research - The question “How can problem ‘X’ be solved or prevented?” is the main subject of reports based on this kind of study. - Classification research - It seeks to classify units into categories. - To show differences - To clarify relationships - Comparative analysis - To recognise parallels and discrepancies among units at all levels. This entails a comparison of legal theories, laws, and international laws. It emphasises the cultural and social nature of law and how it functions in various contexts. Therefore, it is helpful in creating, revising, and changing the law. Because it might not behave the same way in a different setting, it is prudent to use caution when taking the law of one social setting as a base. - Causal analysis - It attempts to build a causal chain between several variables. - Research that tests theories - Its goal is to evaluate a unit’s reliability. Research builds theories, to develop and formulate the theory.

Conclusion

It is impossible for the legal profession to advance without study and discoveries. This is primarily due to the dynamic nature of the legislation. Whether they are lawyers, academics, practitioners who are interested in the law, or law students, legal research is an essential aspect of the lives of all legal professionals. Examining the body of laws and social norms is necessary because society and laws are changing daily.

References

- Thomas Reuters (November 10, 2020) How to do legal research in 3 steps, available at: https://legal.thomsonreuters.com/en/insights/articles/basics-of-legal-research-steps-to-follow - Types of Legal Research, legodesk, Available at: https://legodesk.com/blog/legal-practice/types-of-legal-research/ - Meaning and objective of legal research, Studocu, available at: https://www.studocu.com/in/document/gauhati-university/bechlaor-of-law/meaning-and-objective-of-legal-research/30927787 - Sweti Ruhela,( May 25, 2021) IMPORTANCE AND BENEFITS OF LEGAL RESEARCH IN THE LEGAL INDUSTRY, available at: https://www.vaidhalegal.com/post/importance-and-benefits-of-legal-research-in-the-legal-industry Read the full article

[portofolio-uwu-blog]

BIOGRAPHY

INXS

INXS (pronounced "in excess") were an Australian rock band, formed as The Farriss Brothers in 1977 in Sydney, New South Wales. The band's founding members were Garry Gary Beers, Andrew Farriss, Jon Farriss, Tim Farriss, Michael Hutchence and Kirk Pengilly. Initially known for their new wave/pop style, the band later developed a harder pub rock style that included funk and dance elements.

https://en.wikipedia.org/wiki/INXS 

Peter Garrett

Born in Sydney in 1953, Peter Garret was a 20-year old law student when he joined up with three other Australian musicians as the lead singer of a rock band called Midnight Oil. In 1989, Peter Garrett was appointed president of the Australian Conservation Foundation (ACF). In 1993, he joined the board of Greenpeace International. In 2002, he quit the band to concentrate on his political ambitions. In 2007 , Prime Minister Kevin Rudd named him Minister for the Environment, Heritage and the Arts.

http://www.duhaime.org/LawFun/LawArticle-626/Peter-Garrett.aspx 

Kylie Minogue

Born in Melbourne, Australia, on May 28, 1968, Kylie Minogue was a TV actress before switching to music and scoring with a remake of "The Loco-motion." She's become a global phenomenon with an array of dance/electronica hits, including "Spinning Around," "Can't Get You Out of My Head," "Slow" and "Time Bomb. "

https://www.biography.com/people/kylie-minogue-507447 

[thelawtimesjournal-blog]

Putting in fear and attempting to put in fear of any injury both have been treated at par, and it is not necessary that extortion must take place because the language used is ‘in order to the committing of extortion’.

[gurudev17-blog]

Law Times Journal is India’s leading online portal providing education free of cost by providing a platform wherein young legal, JRF, IAS and Judiciary aspirants are given tools to sharpen their acumen.  

[legalupanishad]

How to write a Legal Article: A Guide on Writing an Article

This article on 'How to write a publishable quality article: A Guide for Law students' was written by Samar Jain, an intern at Legal Upanishad.

Introduction

Writing a legal article that has great quality is a skill that cannot be achieved in a small time but that skill can be developed over the years with time. When an article is published in a known blog or a website, it has certain benefits like the recognition of your knowledge and skill. It also results in the increase of your value as a brand and visibility. It also helps people when they read those articles when they need information. In particular, it helps the researchers, advocates, reporters, litigants, etc., to gain a deep understanding of that topic. The exercise of writing a legal article is worth every time spent by a lawyer as the knowledge is sharpened, reputation strong, and skills for argumentation ready.

Article of Publishable Quality

A legal article that can be published refers to a writing portion that is centred around an idea although based on something old or already available in the domain but has something new and interesting. If the idea is something old and not new and interesting, the article does not have the quality to become a published one. It is to be noted that the article is also not of publishable quality if the idea is new and not related to the previous/old research and also if the ideas are numerous and not revolving around a single novel idea. It is to be understood that here the word new is not used in the same sense as the original. As compared to the original, the quite literal meaning of the word new is not primary or the work which has not previously existed. However, it does refer to something which has been known or seen, or used. An original idea to get the legal article published is to bring attention to something. A little bit of information that is new can also be used as a variation. Thus to get one’s article worthy of becoming publishable, the focus must remain on the freshness of the material rather than originality. To understand what type of element of newness makes a legal article of publishable quality these are the following three types of commonly used methodology: - First Type: Approaching New Information is a Traditional Manner. It is usually considered to be the best move by article writers who are not professionals when a new fact/thing/ evidence is provided with the assistance of an already accepted idea. In this type of article, rather than the creation of a new approach, the focus is on the support of an already existing approach through the medium of presentation of a new fact/thing/evidence. This new fact/thing/evidence can be obtained in any manner like archival research, results from laboratory experiments, archival research, or also government data. However, just having a new fact/thing/evidence won’t serve the function of getting one’s article published. To get the element of publishing, there must be a link and connection between the new and old. The new fact/thing/evidence is not to always be in line with the old theory, it can be disapproved or refined also but if the old theory is to be disapproved, it must be backed by a strong set of information. - Second Type: Approaching The Old Information in a New Manner. Usually, professional article writers take this approach in which the old evidence is approached in a new manner. This type of approach is usually preferred by those writers who have a sturdy grip on the already existing methodologies and theories which is something an amateur is trying to get its grip on. In this methodology, the author when presenting the already available data is working on a new way to present the same perhaps a new theory/ design/ method. It is to be kept in mind that just like the previous type of writing a legal article of publishable quality, this approach to having a new approach will not help. Just claiming that a manner of presenting information has more power than the old one and is helpful but what is needed is that the new manner of presentation of information must be in sync with the old information. - Third Type: Combining Old Information and Traditional Approach in a New Manner. In this type of article writing, which is mainly used by amateurs authors, the old information and traditional approach in a new manner. It neither provides new evidence nor a new approach, it finds the middle way and establishes a connection between the approach and information. This approach is more common with those authors who have strength in several of the disciplines as for these authors finding the linkage is not tough and have the understanding for them.

How to write a Legal Article

How to write legal articles of publishable quality?

The best strategy which is to be used is to research something and write it down immediately and not just aimlessly research. If did the research for let's says 15 minutes, at least spend 20 minutes writing down that research. This is the beginner's step for carrying out research. This is the following process to be used to carry out research: - Decide the research question and the need to recognize what falls under the category of that question. - Identification of headings and subheadings- The suitable Headings and subheadings need to be identified which can only be done when one has some information. If the subheadings are identified and answered, then the headings can easily be answered. - Making a Rough/Skelton Structure- Once the headings and sub-headings have been identified, they need to be put in order and form a proper sequence and structure and form a skeleton.  - Filling information in the structure/skeleton- After the structure has been identified and set, information needs to be filed in the headings and subheadings. The answer must be specific to the question. - Revision and Editing- The last step which everyone misses when they are writing articles is the failure to recognize language mistakes.

Some other points to keep in mind while writing a legal article:

- Length- One is to remember that the length of any article must be between 1500-2000 words. If this range is exceeded, the article becomes lengthy and the reader loses interest in the same. The target of communication of information to the people is lost. - Language- The language used must be a simple one with minimal use of complex words and sentences and the use of technical words/jargon should be avoided. However if technical does need to be used, the meaning of the same must be provided. - No Lengthy Introductions and Conclusions - The Introduction of the article must be crisp and brief. It should highlight the topic and make the reader aware of what he is to expect if he proceeds to continue reading the article. Similarly, the conclusions must be kept brief and only summarize what the article was all about. Typically, the introduction and conclusion must be within the range of 100-150 words. Bullet Points and Numbered Lists must also be used as helps in the easy structuring of the article and the easy division of information. - Worthy Title- The title used in the article must be in synchronisation with the rest of the article. When one reads the article, the reader must become immediately aware of what the reader is to expect. A little faint idea must be conveyed from the title. - Use of Primary and Secondary Sources- Depending upon the information conveyed in the article, primary sources like Literature Reviews, Reports, Speeches, and Photographs, and Secondary Sources like Scholarly Articles. Analysis and Interpretations must be used. It lends an element of credibility to the article. - References and Citation Style- Any use of references must be given preferably in a hyperlink style to help in easy linkage with the already published information. Also, the citation style used must be preferably the one that is used globally by academicians and professors.

Conclusion

The most common myth and advice about writing a legal article of publishable quality is the need for good ideas and topics. However apart from the good ideas and topics, what is also needed is how should the topic be presented and in what style and manner.

List of References:

- How to write a publishable quality article, India, available at:  https://www.insidehighered.com/advice/2019/07/18/how-write-publishable-journal-article-opinion (Visited on November 16, 2022) - How to write an effective and popular legal article, India, available at: https://www.legallyindia.com/views/entry/a-simple-5-step-guide-on-how-to-write-effective-and-popular-legal-articles( Visited on November 16, 2022) Read the full article

[legalupanishad]

How to write a Legal Article: A Guide on Writing an Article

This article on 'How to write a publishable quality article: A Guide for Law students' was written by Samar Jain, an intern at Legal Upanishad.

Introduction

Writing a legal article that has great quality is a skill that cannot be achieved in a small time but that skill can be developed over the years with time. When an article is published in a known blog or a website, it has certain benefits like the recognition of your knowledge and skill. It also results in the increase of your value as a brand and visibility. It also helps people when they read those articles when they need information. In particular, it helps the researchers, advocates, reporters, litigants, etc., to gain a deep understanding of that topic. The exercise of writing a legal article is worth every time spent by a lawyer as the knowledge is sharpened, reputation strong, and skills for argumentation ready.

Article of Publishable Quality

A legal article that can be published refers to a writing portion that is centred around an idea although based on something old or already available in the domain but has something new and interesting. If the idea is something old and not new and interesting, the article does not have the quality to become a published one. It is to be noted that the article is also not of publishable quality if the idea is new and not related to the previous/old research and also if the ideas are numerous and not revolving around a single novel idea. It is to be understood that here the word new is not used in the same sense as the original. As compared to the original, the quite literal meaning of the word new is not primary or the work which has not previously existed. However, it does refer to something which has been known or seen, or used. An original idea to get the legal article published is to bring attention to something. A little bit of information that is new can also be used as a variation. Thus to get one’s article worthy of becoming publishable, the focus must remain on the freshness of the material rather than originality. To understand what type of element of newness makes a legal article of publishable quality these are the following three types of commonly used methodology: - First Type: Approaching New Information is a Traditional Manner. It is usually considered to be the best move by article writers who are not professionals when a new fact/thing/ evidence is provided with the assistance of an already accepted idea. In this type of article, rather than the creation of a new approach, the focus is on the support of an already existing approach through the medium of presentation of a new fact/thing/evidence. This new fact/thing/evidence can be obtained in any manner like archival research, results from laboratory experiments, archival research, or also government data. However, just having a new fact/thing/evidence won’t serve the function of getting one’s article published. To get the element of publishing, there must be a link and connection between the new and old. The new fact/thing/evidence is not to always be in line with the old theory, it can be disapproved or refined also but if the old theory is to be disapproved, it must be backed by a strong set of information. - Second Type: Approaching The Old Information in a New Manner. Usually, professional article writers take this approach in which the old evidence is approached in a new manner. This type of approach is usually preferred by those writers who have a sturdy grip on the already existing methodologies and theories which is something an amateur is trying to get its grip on. In this methodology, the author when presenting the already available data is working on a new way to present the same perhaps a new theory/ design/ method. It is to be kept in mind that just like the previous type of writing a legal article of publishable quality, this approach to having a new approach will not help. Just claiming that a manner of presenting information has more power than the old one and is helpful but what is needed is that the new manner of presentation of information must be in sync with the old information. - Third Type: Combining Old Information and Traditional Approach in a New Manner. In this type of article writing, which is mainly used by amateurs authors, the old information and traditional approach in a new manner. It neither provides new evidence nor a new approach, it finds the middle way and establishes a connection between the approach and information. This approach is more common with those authors who have strength in several of the disciplines as for these authors finding the linkage is not tough and have the understanding for them.

How to write a Legal Article

How to write legal articles of publishable quality?

The best strategy which is to be used is to research something and write it down immediately and not just aimlessly research. If did the research for let's says 15 minutes, at least spend 20 minutes writing down that research. This is the beginner's step for carrying out research. This is the following process to be used to carry out research: - Decide the research question and the need to recognize what falls under the category of that question. - Identification of headings and subheadings- The suitable Headings and subheadings need to be identified which can only be done when one has some information. If the subheadings are identified and answered, then the headings can easily be answered. - Making a Rough/Skelton Structure- Once the headings and sub-headings have been identified, they need to be put in order and form a proper sequence and structure and form a skeleton.  - Filling information in the structure/skeleton- After the structure has been identified and set, information needs to be filed in the headings and subheadings. The answer must be specific to the question. - Revision and Editing- The last step which everyone misses when they are writing articles is the failure to recognize language mistakes.

Some other points to keep in mind while writing a legal article:

- Length- One is to remember that the length of any article must be between 1500-2000 words. If this range is exceeded, the article becomes lengthy and the reader loses interest in the same. The target of communication of information to the people is lost. - Language- The language used must be a simple one with minimal use of complex words and sentences and the use of technical words/jargon should be avoided. However if technical does need to be used, the meaning of the same must be provided. - No Lengthy Introductions and Conclusions - The Introduction of the article must be crisp and brief. It should highlight the topic and make the reader aware of what he is to expect if he proceeds to continue reading the article. Similarly, the conclusions must be kept brief and only summarize what the article was all about. Typically, the introduction and conclusion must be within the range of 100-150 words. Bullet Points and Numbered Lists must also be used as helps in the easy structuring of the article and the easy division of information. - Worthy Title- The title used in the article must be in synchronisation with the rest of the article. When one reads the article, the reader must become immediately aware of what the reader is to expect. A little faint idea must be conveyed from the title. - Use of Primary and Secondary Sources- Depending upon the information conveyed in the article, primary sources like Literature Reviews, Reports, Speeches, and Photographs, and Secondary Sources like Scholarly Articles. Analysis and Interpretations must be used. It lends an element of credibility to the article. - References and Citation Style- Any use of references must be given preferably in a hyperlink style to help in easy linkage with the already published information. Also, the citation style used must be preferably the one that is used globally by academicians and professors.

Conclusion

The most common myth and advice about writing a legal article of publishable quality is the need for good ideas and topics. However apart from the good ideas and topics, what is also needed is how should the topic be presented and in what style and manner.

List of References:

- How to write a publishable quality article, India, available at:  https://www.insidehighered.com/advice/2019/07/18/how-write-publishable-journal-article-opinion (Visited on November 16, 2022) - How to write an effective and popular legal article, India, available at: https://www.legallyindia.com/views/entry/a-simple-5-step-guide-on-how-to-write-effective-and-popular-legal-articles( Visited on November 16, 2022) Read the full article

[legalupanishad]

Prior Protection of Designs under Design Act, 2000

This article on 'Prior Protection of Designs under Design Act, 2000' was written by Tanaya Khilari, an intern at Legal Upanishad.

Introduction:

The article highlights the meaning of designs and their protection under the Design Act 2000. It gives information about the various regulatory framework surrounding the use of designs, the term of protection provided to designs, and the various types of design. The Design Act 2000 has been developed and introduced in the Companies Act to ensure efficient regulation and protection of designs. Designs have been in existence for quite a long time. They help to make the product more creative for the company and help promote it to a wider audience. These designs can be copied and need to be protected to ensure authenticity and originality in them.

What are Designs?

A design can be defined as an idea for the development of a product. Design is the process of developing a design. The person producing design is defined as a designer. It is a construction of a symbol or object which represents a product. Designs are relatively more concerned with the formation of a strategy to popularize a product than the aesthetic itself. There are primarily 4 aspects of design: Conceptual elements, Visual elements, Relational elements, and Practical elements. These elements are primarily used in the development of designs. In the field of business, designs can be classified into business, enterprise, products, and execution design. Designs help in the marketing of the product and also in communicating the product to a larger audience.

Design Act, 2000:

Designs were earlier governed under the Designs Act, 1911. Due to the various technological improvements and various introductions of international laws the development or introduction of a new design act was felt. Hence came into existence the Design Act 2000. The Designs Act is more commonly known as intellectual property law. It is primarily governed by the Companies Act, of 2013 and falls into the category of various intellectual laws such as copyright, patent, trademark laws, etc. Design highlights the features of shape, configuration, or composition of various elements. They are applicable in various dimensional figures using manual or mechanical processes. The Design Act 2000 requires the designs to be registered to be valid.

Registration of Designs under Design Act, 2000:

The designs are protected under the Design Act 2000. This act requires the designs to be registered to be valid in the eyes of law. Hence under section 5 of the Design Act 2000, any person who claims to have designed are formed the design needs to apply for registration. The act has specified various important requirements for registration. These include that the design must be new or original. It should not be disclosed anywhere in the country or worldwide. It should be separable from the other designs registered and must have no similarity to them. The design must not be inappropriate and not contain any discreditable features. This design can be registered by giving an application in Form-1. This must contain the details of the proprietor and the design. In this way, the designs are registered after proper scrutiny and henceforth protected under the act.

Protection of Designs under Design Act, 2000:

The design which is registered under the Design Act 2000 is given protection under the act. The duration of such designs is specified in the act. This protection is provided under the act for an initial term of 10 years. This highlights that the design is registered for 10 years. Upon completion of 10 years, this registration needs to be renewed. The registration is renewed for 5 years further. Hence the total term of protection of a design can be attributed to an initial term of 10 years and an extendible term of 5 years. This protection of design can be opposed or canceled by the patent officer under section 19. The reasons for which it can be opposed are that the design was previously published elsewhere, the design is similar to some other design, or it is not new or original. The registration protecting the design has many benefits. Companies attribute design to a product to make it public and make it known to the people. They associate a specific design with it and promote it. The customers who purchase the product usually getting attracted to the design. They associate the design to the product or the company and promote it among their peers through it.

Prior Protection of Designs under Design Act 2000

Infringment of Designs and its Remedies:

Many times design is infringed due to illegal activities surrounding it. This can be like an imitation of a registered design without authorization. The proprietor in this case can file a suit against the infringer. He can initiate a cease or desist order against the infringer. The infringer in this case has to pay nominal damages to the owner in proportion to the loss that occurred. The person is liable to pay a sum of Rs. 25000 or up to Rs. 50000. This amount can be utilized to recover the infringement. Civil remedies are provided to the proprietor in case of infringement. He can claim damages and file a suit for an injunction. He is also eligible for a claim over the design by showcasing important and appropriate documents. He can also stop the buying of products and confiscate the same. Criminal remedies are also provided to the owner or claimant of the design. This remedy is provided by the Copyright Act section 63. This requires the person to serve an imprisonment of up to 6 months extended up to 3 years. Also a fine of Rs. 50000 to Rs. 200000 is imposed upon the person. In more grievous cases the imprisonment is 1 year to 3 years and a fine of 1 lakh rupees to 2 lakh rupees.

Conclusion and Suggestions

As highlighted in the article designs are symbols or structures used to develop a product or brand image. The owner needs to register them and thereafter they are protected. The designs prove to be useful in manifold ways. They have been representing various categories of products and also help to identify the product easily. These designs need to be protected. The primary reason is that the customer attaches to the product, company, and its value through the design. They identify and further promote the product if they come across the design on some hoardings or places. Many customers also get attracted to the creative designs and show a willingness to purchase the same. Hence these designs can be considered the brand image or identity of the company. The law to protect these design is in place. However, still, there are situations where these designs are infringed or as you can say copied. More stringent amendments need to be made in the act and more protection needs to be given to the design. Strict penalties must be introduced as sums such as 1 lakh or 2 lakh are mere amounts to many people out there. Hefty punishments and long imprisonments might help to create a state of fear in the minds of people before they infringe the same.

References

- Wikipedia, Dictionary meanings by Cambridge dictionaries. - Konpal Rae and Sunil Tyagi, Design protection in India, (14 February 2012). - S.S. Rana & Co. Advocates, Protection and Enforcement of Design Rights In India, (17 September 2020). - Forbes Technology Council, 10 Effective ways to protect your intellectual property. Read the full article