Ashaba-Ahebwa Mark on Civil Law in the Ugandan Jurisdiction Essay

The place and mode of trial is usually determined by type of trial and proceedings. If you make an application by summons, then you will be heard in Chambers. Procedure 1 – where defendant elects not to call evidence The Plaintiff or advocate makes an opening speech referred to sometimes as an opening statement. After that the plaintiff witnesses are called, examined cross examined and re-examined. After that the plaintiff or his advocate sums up the case by making a closing speech. After that the Defendant states their case and makes a closing speech. Procedure 2 – Defence elects to call evidence Advocates for the plaintiff makes an opening statement, the plaintiff witnesses are called, examined, cross-examined and re-examined. After that the defendant’s counsel makes an opening statement. After that the defendant’s witnesses are called, examined, cross examined and re examined. After the Plaintiff or his advocate sums up the case by making the closing speech. Thereafter the defendant sums up the case and makes a closing speech also. The Defendant can reply to the plaintiff’s closing. The reply only covers new ground. In cases where there are many defendants and many plaintiffs the same procedure will apply but if the defendants are represented separately, then the counsels will separately make their submissions separately by order of appearance. Cross examination of witness will also follow the order in which they proceed. Co plaintiffs will normally be represented by the same counsel. Who has the right to begin the case? Order XVII Rule 1 The plaintiff or the applicant has the right to begin. Of course there are certain exceptions to that right to begin. 1.Where the Defendant admits the facts alleged by the plaintiff but raises an objection on a part of law. In such a case the defendant should be entitled to begin by submitting on that part of the law. For example, suppose one raises a plea of Res Judicata? In such a case one can say that they have sued the defendant by they have raised an objection on the part of the law a and in this case, the Defendant has the right to begin on a plea of res judicata. Or the Defendant raises the plea of limitation, they have the right to submit on that point of law. However it is advisable that one should always put it in the pleadings whatever plea they intend to raise. 2.Where the Defendants admits the facts alleged by the plaintiff but states that the plaintiff is not entitled to the relief that they seek for example drawn from Seldon v. Davidson in which case the plaintiff brought proceedings for recovery of a debt. In their defence the defendants admitted that they received the money from the plaintiff but pleaded that the money was a gift. In this case the defendant has a right to begin. Suppose there are several issues? May be it could be many different parties and there is a dispute as to who should have the right to begin? The court will direct that the party with the burden of proving the majority of issues shall begin. OPENING STATEMENT What should it contain It is usually a brief outline of either the defendant’s or the plaintiff’s case, usually it will state the facts simply. They will be telling the court the witness that they intend to call and will be giving a preview of what they intend to prove. Usually this is an introduction to the entire trial and it is important that it is interesting, logical, believable and in a narrative form. Usually it is not necessary for the Judge to record the opening speeches unless one raises a point of law. It is important that a note should be made in the court record that an opening speech was made. an opening speech must not contain evidence. It should just be limited to a statement of basic facts that the parties intend to prove or rely on as defence. After you make the opening statements, you move on to examination in chief. EXAMINATION OF WITNESSES Examination in Chief When you call a witness there are 3 stages 1.Examination in chief 2.Cross Examination 3.Re examination Examination in Chief The object of examination in chief is to elicit facts that are favourable to the case of the party calling the witness. In other words the exam in chief is when you question your first witness. Sometimes the plaintiffs themselves. Normally they will be giving evidence that will be favourable to their case. It is governed by two rules (a)The witness cannot be asked leading questions – these are questions that suggest the answer expected of that person. For example you cannot ask Was your business running into financial difficulties last year? You should ask what was the financial position of your business last year? The art of knowing whether a question is leading is learnt with experience. (b)The examination must not be conducted in an attacking manner. Usually at cross examination you can attack but you cannot do that to your own witness. If your witness turns hostile, you can ask the court to declare the witness a hostile witness and once the court does that, you can then at tack the witness. When a witness is declared hostile (i)You will be allowed to impeach the creditability of that witness; (ii)You can ask leading questions (iii)You can ask them questions that touch on their truthfulness and even their past character and previous convictions. (iv)You can also be able to examine on certain issues by leave of the judge e.g. you can question the hostile witness on statements they made previously which is inconsistent with their present testimony. This can help to show that the witne3ss is giving conflicting evidence which the court is allowed to resolve when they are taking the evidence into account. You must take witness statements. If they give evidence inconsistent with the statement that they signed, you can impeach their credibility and produce the witness statement. CROSS EXAMINATION There are 3 aims of cross examination 1.To elicit further facts which are favourable to the cross examining party; 2.To test and if possible cast doubt on the evidence given by the witness in chief; 3.To impeach the credibility of the witness. Cross examination – the scope is wide one is allowed to ask leading questions, question a witness on previous testimony, it is not restricted in any way. A good Advocate will never forget the virtue of courtesy. RE EXAMINATION Once you have examined your witness in chief, the other side cross-examines your witness. The re examination is a kind of retrieval process. This is when you try to heal the wounds that were opened up in cross examination. Most important, re-examination is strictly restricted to matters that arose at cross examination. The court also has powers to ask a witness questions for the purpose of clarifying points. SUBMISSION OF NO CASE TO ANSWER The defendant may make a defence of no case to answer after the submission by the plaintiff. The Judge must decide whether there is any evidence that would justify putting the defendants on their defence. Usually if the submission of no case to answer is not upheld, the case continues. If the court says that there is no case to answer, that ruling can be challenged on Appeal. TAKING DOWN EVIDENCE Usually evidence of witnesses is taken orally in open court under the direction of a Magistrate or Judge, it is normally written down in narrative form i.e. not question and answer form but where there is special reason, the evidence may be in question and answer form. The rule is that the court may on its motion taken down a particular question verbatim and the answer verbatim. Where either party objects to a question and the court allows it, then the court should record the question, the answer and the objection and the name of the person raising the objection and if they make a ruling they must also record the ruling of the objection raised. Tact is required as you may find that. Sometimes if you object too much you can irritate the Judge. Object only for important things. In the course of taking evidence, the court may also record remarks made by witnesses while under examination and normally after taking down the evidence the judge will sign that evidence. The courts can also record remarks and demeanour of a witness. PROSECUTION & ADJOURNMENT OF SUITS Public policy documents that business of the court should be conducted expeditiously. It is of great importance and in the interest of justice that action should be brought to trial and finalised with minimum delay. Order XVI Rule 1 requires that hearing of cases should be on a day to day basis until all witnesses have testified. However this is not always possible and that is why the court may adjourn a hearing on its own motion or upon application by either of the parties where good course is shown. The rule requires that adjournments can be granted where good cause is shown Habib V Rajput the plaintiff case came up for hearing, the advocates applied for adjournment on the grounds that their client was absent for some unexplained reasons. The respondent opposed saying that his witnesses were already in court and had come from very far away and it was costing a few thousand shillings to keep them there per day. Was the plaintiff’s reason good cause to adjourn. The court ruled that no sufficient cause was shown and the application for adjournment was dismissed. Kamil V. Merali NO STEPS TAKEN – Order XVI Rule 6 Under Rule 6, where no application has been made or steps taken for 3 years by either party, the court may order the suit to be dismissed but usually the application should show cause why the suit should not be dismissed. Any case which is dismissed under Rule 6 can be instituted afresh subject to rules of limitation. Victoria Construction Co. V. Dugall The court considered the meaning of steps taken within the meaning of Rule 6. the Case was filed in November 1958 and in 1960 the Applicant decided to refer the case to an arbitrator but attempts to resolve the dispute through arbitration failed. The matter went to sleep until 1962 where the registrar asked the parties to show cause why the suit should not be dismissed. The Plaintiff contended that the steps to seek arbitration amounted to steps taken. The question was whether an agreement to refer the matter to arbitration was a step taken and the court held that that was not a step taken and the case was dismissed. In this case, the court explained 1.That one has to satisfy the court that the suit is ready to proceed without delay. 2.One has to satisfy the court that the defendant will suffer no hardship; 3.That there has been none frequent inactivity by the Plaintiff. It is advisable at the time the case comes up for hearing to ask that it be stood over generally (SOG) to give you time to go to arbitration and if you are not ready, you can always go back to court and seek an extension. This way there is a step taken. CLOSING SPEECH You are telling the court that you have presented your evidence, that you have proved that so and so is liable and you will also be telling the court that this is the law and if applied to the facts of your case then the law should support your prayers. You will be telling the court of past decisions that support your case. You will reconcile the facts, the law and past decisions that support your case. You make your case in the closing statements.

Application of organizational behavior concepts Research Paper

Application of organizational behavior concepts - Research Paper Example There are many major problematic issues considered toxic for organizational behavior (OB) and employee turnover rate by the researchers and human resource managers and some among them happen to be motivational issues, leadership issues, and stress-related issues. All of these grave and toxic issues for turnover rate and OB will be discussed at length in this paper while the relationship shared by each of these issues with OB will also be identified and contemplated. This paper basically strives to describe these three problematic issues which are proposed to be especially dangerous for OB and also identify effective solutions for eliminating these issues from the workplace for the betterment of the organization and the workforce in context of a Healthcare Inc. which is facing a challenge with high employee turnover. This paper will also explain how I identified the issues that were at the root of the turnover issues and why I think the measures proposed by me to the Healthcare Inc. w ould turn out as effective and successful. This remains a solid fact that the importance of the interview process in finding out the root causes of employee turnover is exceptional and phenomenal. This is a kind of magic tool which is totally unavoidable and unforgettable if finding out the reasons behind employee turnover is seriously intended. Even the HR professionals frequently employ this very important tool in their investigatory processes. Likewise, I also began my investigation for discovering the issues behind turnover by interviewing the employees working at the Healthcare Inc. which is apparently exposed to certain pressures consequential of high turnover. I designed a questionnaire including five questions referring to how unmotivated the employees feel at work, how stressed they feel at work, how bad the leadership is, if the workplace diversity affects them much, and if power and political issues influence the workplace environment. These questions were asked by every employee. Though a broad range of factors is reportedly responsible for OB issues like employee turnover but the results of my interviewing process highlighted three issues to be largely responsible. These happened to be motivational, leadership, and stress-related issues. I found a majority of employees to be dissatisfied with the leadership at Healthcare Inc. Some blamed the uninvolved managing style for high turnover while the rest laid the blame on the authoritarian or bossy leadership. As mismanaged behavior directly influences the workplace environment so the rate of stress at workplace also happened to remain high all the time and the workers reported about feeling stresses out and unmotivated at work. If leadership is imperfect and inappropriate, the kind of which neglects the preferences and needs of the workforce, if the workers start feeling stressed out when managers refuse to give them their time to sort out certain confusions, and if the absenteeism rate shoots up when workers get unmotivated to work proficiently, then the structural framework of OB deteriorates rapidly. The damage done to OB is first identified often when employee turnover is noticed to be rising. A high employee turnover can cost a company millions of dollars annually which certainly is no small deal because not only does it damage the position of the company in the market but also it produces a direct bad influence on the morale of the employees. Work-related stress can be painful to the point of insanity and stress arrives on the surface when work-related pressures exceed the tolerance capacity of the workers which is when the work stress starts bursting at the seams. The arrival of stress, in the same way, is directly related to excessive work or persistent boredom which can be often seen at any workplace where there is an unchanging aura due to negative attitude reserved for changes. What makes the work-related stress a serious and hazardous issue is the worst kind of depre ssion it can lead a worker to. A

11 Movie Reviews Review Example | Topics and Well Written Essays - 1000 words

11 Reviews - Movie Review Example This movie is just as good as the first two, and I would say that it is one of the funniest movies that I have ever watched. What makes the script so good is the interplay between Chief Inspector Lee, played by Jackie Chan, and Detective James Carter, played by Chris Rock. Some of the lines that these two actors used had me laughing nonstop. The movie begins with the introduction of the Triads, a Chinese criminal organization, and Lee and Carter pursuing an assassin at the World Criminal Court. The next scene is perhaps the best scene of the whole movie. The clues lead Carter and Lee to a martial arts studio, where a giant martial arts expert confronts them. The conversation goes back and forward between Carter and the martial arts expert, with the words â€Å"you† and â€Å"me† used in a confusing manner. After this, the clues lead the two of them to Paris, France. The first place they go to is a triad hideout, where Lee manages to kill a Triad assassin called Jasmine, and Carter meets a beautiful lady, Genevieve. After Carter and Lee are told that Shy Shen, the leader of the Triads, is not a person but a number of leaders, they discover that Genevieve has the list of Triad leaders tattooed onto her forehead. The action then switches to the Eiffel Tower, where Lee and Carter go to get back Soo-Yung, an old friend of Lee. Lee manages to defeat Kenji while Carter saves Soo-Yung. The movie ends with Jackie Chan and Chris Rock walking off into the distance while dancing to the hit song â€Å"War.† Some of the scenes in this movie are similar to the prequels, but the movie still provides plenty of entertainment. Movie Review #2 – Avatar This movie was perhaps the coolest movie that I have ever watched. In fact, Avatar has now become the highest grossing film of all time. This is largely due to the fact that the movie was made in 3-D. The director of this movie was James Cameron, who is an Oscar award winning director for his work on the film Titanic, which was the previous highest grossing movie of all time. The movie starts off showing humans invading a foreign world, Pandora. The lead character, Jake Sully, played by Australian actor Sam Worthington, has been chosen to replace his brother on the mission to Pandora. Where it gets complicated is that Sully is a paraplegic, but this all changes when he gets to use his very own avatar, which is a creature similar to the local population but used by humans. On a mission into the woods, Sully gets separated from the rest of his crew. While he is lost, a local Na’vi, Neytiri, played by Zoe Saldana, finds him and brings him back to her people. Back at the human base, the head of the security force is convinced to let Sully build a cover with the local population in order to gain their trust. The humans have the goal of getting hold of a mineral that is more valuable than anything else. To achieve this, the local Na’vi population must move so that the humans can go in and use the resources. This does not happen because Sully chooses to stick with the Na’vi and fight the humans for control of the land. The last scene is a huge battle between the humans and the Na’vi, which the Na’vi triumph in of course. At the end, Sully is accepted into the local culture and becomes one of them. In my opinion, Avatar is the greatest movie spectacle of all time. Movie Review #3 – Shrek The movie Shrek is one that became very successful all around the world in large part due to the quality of actors in the movie. Mike Myers (Shrek), Cameron Diaz (Princess Fiona), and Donkey (Eddie Murphy) all brought star power to a movie that was

Video response paper (writer's choice) Essay Example | Topics and Well Written Essays - 1500 words

Video response paper (writer's choice) - Essay Example It also forms part of the growing films on border-crossing as much as the Mexican migration became a dominant cinematic theme for both the US and Mexico. (Maciel and Garcia-Acevedo, p. 148) To say this, however, is tantamount to merely scratching the surface. The Syrian Bride is more than its obvious storyline. It is peppered with important themes and social issues that permeate in Israel today as well as its relations with its neighboring Arab countries. Plot The film depicted the story of Mona (Clara Khoury), a Druze woman living in Golan Heights, who in an arranged marriage, must travel to meet his groom, Tallel (Derar Sliman), in Syria. Everything was pretty straightforward, starting from the wedding festivities unto the wedding itself, which would take place at the border. Mona had to bid her family farewell and cross the border. It is at this point, however, wherein the story took an interesting turn. Israel and Syria do not maintain any diplomatic relations. In addition, both countries are claiming Golan Heights. Ebert (2006), in his review, expressed the dilemma in word best as he stated that Mona’s problem â€Å"is that Syria considers her to be already in Syria, and Israel considers her to be in Israel† and â€Å"how can she cross from a place one side says does not exist to a place the other side says does not exist?† The bureaucratic tangle was further complicated by the fact that Syria does not recognize Israeli passport, effectively barring Mona from entering the country. The entire caper was already comedic as the protagonist and the Salman family untangle their way to their destination. Symbolism Writing for the New York Times, Stephen Holden (2005) remarked that The Syrian Bride and its depiction of the impenetrable border symbolized all that’s wrong in the Middle East. This wrongness in bordered the ridiculous as complex norms and procedures applied at either side of the border defy logic, understanding and implemen tation. As has been shown by the film, everything was in fact insane. There are vague and conflicting security and political considerations resulting in a solid deadlock to which an Israeli border patrol officer could merely shrug in sympathy and perhaps in his own confusion as well. The entire caper disputed the opening claim of sadness for the whole film, making the film, in itself, hilarious with ridiculousness of Mona’s situation. The politics and the bureaucracy involved in the border defy reason and can actually victimize even the most fundamental and innocent needs and desires of people affected. In most respects, this situation is the same with the way relations between Israel and its neighboring countries are conducted – enforcing ridiculous legal norms and violating human rights in the process, just so security and political considerations could be satisfied. Apolitical More than anything, the film does not have a political agenda. It did not talk about which side of the fence – Israel or Syria – is correct, much less attack policymaking that would pit the two countries or their positions on several issues against each other. There was no suggestion of peace and/or some outright diplomatic resolution to the strained bi-partisan relationship or something to this effect. If there was some politics involved, it was, in the words of Ebert, just nibbling around the edges, â€Å"

Genetically Modified Crops are harmful to the enviorment Essay

Genetically Modified Crops are harmful to the enviorment - Essay Example In reality, GMO crops are an invasive species and harmful to the natural environment. Numerous anti-GMO technology activists have come up to condemn the use of GMO within the ecological environment. The Institute for Responsible Technology (IRT Para. 1-10) has provided a biased analysis to the use of GMO crop in the natural environment discouraging the public in the agricultural sector to maintain a firm ground against the use of such crops. One of the reasons why the IRT discourages the proliferation of this technology is the fact that the growth of genetically engineered crops has negative permanent impacts on the environment. For instance, when cross pollination takes place, this species of crop will be spread into the environment and will exist there forever. Resultantly, this species will be propagated within the environment, reducing the number of natural crops existing in the natural ecosystem. The fact that GMO crops are superior in terms of production and the rapid growth ra te, it is not in order for this science to eliminate the natural species within the environment. In this light, GMO crops will hurt the environment by reducing the number of natural plants in existence. The IRT (Para. 3) provides statistical evidence to support its argument against the growth of GMO crops. Surveys conducted in the agriculture industry between 1996 and 2009 show that farmers who grow GMO foods have an increased usage of herbicides every year. The reason underlying this fact is that when weed resistant crops are developed, weeds undergo a genetic mutation forming new inexistent weed species. These â€Å"super weeds† are resistant to ordinary herbicides and demand more concentrated forms of chemicals. In the US, GMO crop growers experienced an increase in the cost of chemicals by about $300 million within a period of 12 years. This implies that the natural soils are concentrated with more chemicals increasing its toxicity levels. This is contrary to the proponen ts of this technology who argue that the use of genetically modified crops reduces the use of herbicides. The strength of IRT on the negative environmental impacts of these crops to the environment can be attributed to the statistical evidence that accompanies it. A third argument against the use of the adoption of the genetic modification technology in the agricultural sector is that this technology is a killer of bio-diversity. According to IRT (Para. 4), the proliferation of the GMO technology will hurt the entire bio species and may lead to extinction of even the most endangered species. The genetic modification technology uses lethal chemicals that have long term outstanding impacts on the environment. As these chemicals flow to the water bodies during rainy seasons, they will cause a great risk to the fish, amphibians and all water creatures in the water sources. Equally, all living species that consume GMO crops or water species will be at high risk of infection with untreata ble diseases. For instance, chemicals such as roundup that are used to develop weed resistant crops are cancerous and pose the risk of death to human beings. In essence, adoption of GMO technology will put the entire ecological system in danger including the creator of this technology. Carrington (Para. 1) is among the scholars who have evaluated the other side of the coin as regards the impact of GMO crops

New Technologies, New Dependencies Essay Example | Topics and Well Written Essays - 1500 words

New Technologies, New Dependencies - Essay Example According to Griffiths, computers have enhanced communication on a global spectrum; this has happened not only because of the improved functionality of different computers, but also due to social media tools that have transformed the world into a global village (Griffiths). The development of computers has led to an increasing human dependency on the micro-chip. People hold various opinions regarding the development of this device. Many of them feel that it is a great way and it has proven to benefit many people and has revolutionized the entire world. However, others hold opinions against this device and feel that human beings have shown too much dependency on the computer. Technology endeavors have led to increase in business returns, enhanced consumer relationships, and have raised the standards of competition to the benefit of the market and have highlighted the positivity of the computer device in this era (Lai). The history of computers goes back to the time when the Abacus was used in 300 BC used by the Babylonians. Initially, in the abacus pebbles were used for counting. The word â€Å"calculus† is a Latin word which means pebbles. Human beings were the initial computers so to speak. They would carry out tasks that now computers are programmed to do. Also the computer is developed in a similar way like the human being in which a hard drive, stores memory similar to the human brain, the Central Processing Unit plays the role of the human heart, making the machine work. Human beings wanted work to be done fast, without any chaos, in an organized and systematic manner. Inventors had been searching for a way to do work fast and flawlessly. This actually led to the invention of the computer, that is work is done in a mechanized way. In 1936, the first proper freely programmable computer was invented. It was invented by Konrad Zuse. Slowly and gradually computer production developed, and in 1953 IBM (International Business Machine) became the latest co mputer system. Since then, there is constant development and improvement in various computer systems, and scientists are more and more focused on trying to develop the most user-friendly device possible. In 1976 Steve Jobs set up his company with the name of Apple and stars to produce the first personal computer kits. Apple kept improving and bringing out better and more advanced and latest models of computers. For Apple, The new â€Å"in† thing that has now come into the market is the touch. IPhones, IPads and IPods are the latest gadgets produced. Then, in 1985, Microsoft Windows made its grand entry into the computer market and has made itself a huge name and earned a major chunk of the market share. By that time, a subtle competition began between the Apple and Microsoft who hold together most of the market share in today’s world. In the 1990’s, particularly from 1992-1998, real businesses experienced an increase on an average of 44% per year on computer pri ces. Computer companies would sell their hardware’s and software’s convincing buyer that this was the latest and most reliable parts that promised improved productivity (Whelan). Now coming to the question of why there is an argument between people who feel that computers are an advantage opposed to those who feel it is a nuisance. Well, people have made it into one because of too much dependency on the device. But is there any other

Organizational Theory and Design Questions Coursework

Organizational Theory and Design Questions - Coursework Example 2. The top management of the organization is responsible for formulating the organizational vision and explicitly defining the purpose by setting mission goals. However, they act as torch bearers for the whole organization by designing a set of periodical goals to support the overall purpose of the organization or vision. 3. The employees of an organization are classified into hierarchies that determine their chain of command, report authority and job descriptions. And organizational structure defines who delegates tasks and who reports them to whom. The structure can be vertical or horizontal. A vertical structure implicates a number of levels of management and reporting trends that slows the decision making process. The horizontal hierarchy is less formal and promotes creativity and quicker decision making. 4. Environmental uncertainty is attributed to changing economic conditions and policies, changes in the social trends and the advent of disruptive technologies. The greatest impact is that of economic change as it impacts nearly every aspect of the organizational working. The environment represents the surroundings in which the firm operates in and hence the stability of this environment is necessary for organizational progress. 5. The business eco system implies that organizations work in collaboration with other businesses and value chain members in order to increase productivity and ensure survival. For example car manufacturers partner with other companies like tire makers and stereo manufacturers to come up with a wholesome car that is well equipped. 6. Global geographical structure is advisable when the organization has the capability to venture into multiple locations. Geographical structure also supports the product customization options by giving the local managers the opportunity to enhance the product according to the need of the market. The local managers also provide a better understanding of the location increasing