Critically explore the strengths and limitations of case study Essay

Critically explore the strengths and limitations of case study research with children and young people in exploring issues of race and ethnicity - Essay Example y looking at past works by Ince (2004) that focused on a small group of young black people leaving care as well as Maniam’s et al (2004) study on various methods that can be used in exploring issues of race and ethnicity. Research with children and young people is critical. It can advance understanding of how they develop and live, can contribute to theoretical debates, and its outcomes can impact directly and indirectly on the lives of those researched and others in similar situations. In this case, the study focuses on young people as well as children in reference to issues of race and ethnicity. The function of case study method in research becomes more outstanding when social issues such as drug abuse, racial segregation, poverty and ethnicity are considered. Prominence of case studies as a research technique gained recognition when researchers started raising more and more concerns regarding the limitations of quantitative methods. This was particularly in availing holistic and in-depth explanations for social and behavioral conditions. Superiority of case studies lies in the fact that the research approach incorporates both quantitative and qualitative data; these sets of data are utilized to elucidate both the procedure and result of a phenomenon through comprehensive observation, reconstruction and analysis of the case study under scrutiny. Ince (2004) carried out a qualitative research with a small group of black care leavers, through the research she demonstrated the young blacks’ identity problems resulting from their limited contact with their families and community. The research also brought to the forefront the impacts of racism as well as open and indirect discrimination in these children’s lives. Maniam et al (2004) seemed to favor use of case studies as he stated that bringing forth qualitative data on racism would be one way of researchers wittingly colluding with racism. He cited that to overcome inadequacies that have resulted due to a

A New Line of Organic Products for an Existing Company Assignment

A New Line of Organic Products for an Existing Company - Assignment Example This essay stresses that Auntie Anne’s is regarded as one of the most successful pretzel makers which is recognized in many parts of the world. The company successfully caters to large groups of consumers through its distinctiveness in maintaining quality and freshness of its broad assortment of products. Thus, the theme of this research is to devise an appropriate marketing plan that is to be utilized for launching three different products i.e. Cocoa dusted chickpeas, flavored hazel-nuts and kale chips by Auntie Anne’s. One of the severe challenges that Auntie Anne’s might face is to maintain the freshness and quality of the products while delivering to the consumers. The company specializes in fast packaging of the products. Auntie Anne’s packs food products which are taken out of hot ovens and wrapped almost after 30 minutes following the baking of snacks. This process is followed in a very fast manner as the company focuses not only on packing the prod ucts but also preserving the freshness along with those. This article makes a conclusion that in order to get into a conclusion, a proper marketing plan was designed which reflected the overall strategies that is needed to be undertaken by Auntie Anne’s in order to launch its new organic products in the market. It can be stated that the devised marketing plan would eventually support the company to accomplish its predetermined business targets in terms of successfully introducing new line of organic products in the business markets where it operates. ... The marketing plan can provide a distinct idea about the current business status of the company and it will also help in analyzing the need and demands for new organic products by the consumers. In addition, the plan will prove to deliver great aid in developing a clear picture about the competitors of the company and the current buying behavior of organic products by the consumers. Thus, all these facets will deliver a lot of clarity for launching the products in a diversified manner. With this concern, this paper will consist of designing a marketing plan for introducing as well as promoting a new line of organic products on behalf of Auntie Anne’s that would comprise cocoa dusted chickpeas, flavored hazel-nuts and kale chips. The plan would entail all relevant marketing strategies that will be required to be undertaken by the company for ensuring a proper launch of the aforementioned products in the business markets where it operates. Moreover, efforts will be made to ident ify the potential areas and specific segments where these products could be launched backed up with the formulation of an appropriate marketing plan. The steps that are needed to be undertaken for launching the products will primarily be based upon the product’s characteristics. Evaluation of Current Business Prospects of the Organization The current business prospects of Auntie Anne’s are set to be flowing in a very customer oriented manner. There are numerous prospective factors, which the company is currently working upon. The main factor is that the company is intending to create a level of distinctiveness in order to satisfy the customers by complying with their requirements by a considerable level. The products that manufacture by Auntie Anne’s are

Red Ocean and Blue Ocean Approach

Red Ocean and Blue Ocean Approach Introduction â€Å"Blue Ocean Strategy† by W. Chan Kim and Renee Mauborgne is a strategy that challenges companies to distance itself away from fierce competition by establishing uncontested market space that makes existing competition irrelevant. One of the reasons why the authors have used the colours red and blue is to describe the market. Red ocean is the market space where industry boundaries are defined and known. The red ocean contains a massive conflict between companies where they are constantly trying to outperform each other to achieve a greater share or demand. Kim and Mauborgne explains in an interview that when market spaces become crowded with competitors, companies try out perform each other and profits and growth is greatly reduced due to cutthroat style competition which turns the red ocean bloody. In contrast, blue oceans is the unknown market space where it is unaffected by competition and demand is created rather than fought for. In blue oceans, competition is not relevant because the rules or barriers to the market space is not set yet and is often waiting to be set. The Authors uses the blue ocean analogy to describe the uncontested market space with no competitors and the opportunity to explore. The analogy of a blue ocean can be associated with profitability and growth being â€Å"vast†, â€Å"deep† and â€Å"powerful†. Traditional approaches to competitive strategies are highly influenced by Michael E. Porter. Kim and Mauborgne present to us in their book a fresh approach to make the competition irrelevant. In this paper I will discuss the differences between conventional red ocean strategies which are influenced by Porter and Kim and Mauborgnes blue ocean strategy. Furthermore, the paper will discuss the differences between the SWOT analysis and the four actions framework. Competing in existing market space versus Creating new market space The red ocean represents the existing market space where there is always a constant intensity of rivalry to fight for market share. To successfully operate in a red ocean, it is important for companies to conduct competitor analysis to allow them to stay updated on what their competitors are doing and what they are planning to do. Red ocean strategies represent approaches to protecting and stealing market share from competitors. According to DAveni, market share can be stolen by companies satisfying their competitors customers better. To compete in the existing market space, companies need to mould their services or products in line with the customers liking through refining existing products or creating new to the world products. However, the bloody cutthroat competition of the red ocean most often causes companies to develop similar or replications of products or services of the competitor that has done well. In the red ocean where competition is based on price and quality, being a first mover is an important advantage because by being flexible a company can adjust easily to external changes such as customer demands and trends. By being a first mover, the company gets benefits such as low costs and economies of scale. I think this is also the reason why the red ocean is so bloody because similar products and services have been refined and replicated over and over again with low cost, it has caused companies to be afraid to look into new options and therefore in a constant battle to fight for market share by cutting profit margins lower and lower. For the companies that succeed in gaining a competitive advantage by being a first mover, it is important for them to exploit the opportunity of that advantage as much as they can because very soon the competition will catch on to it. The tradition theory to competing in existing market space is focused on building your company through analysing competitors. In contrast, Blue Ocean refers to all the industries that are not in existent. In the opening chapter of the Blue Ocean Strategy book, Kim and Mauborgne suggest that the only way to beat the competition is to stop trying to beat the competition. This is a complete contrast to conventional red ocean strategies because instead of analysing competitors, and try out perform them, Blue Ocean Strategy encourage companies to differentiate or break away from the existing market space, hence making competition irrelevant. The authors suggest that there are many ways to create blue oceans. In few cases, companies can establish completely new industries. An example of this is what eBay did with online auctioning. Blue ocean strategy says a company can create a blue ocean market space by innovating a new product or service mainly focusing on new to the world services. However I believe developing new to the world services come with high risk and expenses but if done correctly can be very profita ble. Kim and Mauborgne argue that most companies tend to adapt to new trends rather than trying to shape new trends. What the authors mean by this is that companies make actions directed at keeping up with trends and dont look across time or look at the big picture. They argue that to create a untapped market space, companies need to find trends that are observable today and look at the big picture and see what happens to the value it will have in the future. A prime example of how a company successfully executed this strategy would be Apple. Apple studied and monitored the growing trend of music sharing over the internet during the last decade through software used illegally such as LimeWire and Kazaa. The trend of music sharing became clear to Apple and they took the opportunity and created the online iTunes music store in 2003 which distributed music legally. Red Ocean and Blue Ocean approach to industry boundaries Red ocean markets are large and the rate of product innovation is low. Therefore the market is usually heavily populated by competition and there are a set of rules that is known. In the hostile red ocean environment, companies strive to outperform each other in order to control market share and demand. As the market space gets crowded, growth and profits are greatly reduced and a price war is begun. Competition based strategies have been the main fundamentals of strategic thinking over the past decades and as a result, most companies benchmark themselves towards competition. In contrast, blue ocean strategy emphasises on finding and exploiting market space. The authors argue that companies must realise that in order to be successful long-term, they need to stop competing and benchmarking the competition. It is important for companies to view the competition from a broad perspective and consider industries that produce alternatives with the same functions and forms to satisfy the end customer. According to Kim and Mauborgne, most companies concentrate on improving the competitive position within a segment and focus on outperforming competition in the same segment. They argue that is it imperative to understand the actions of competitors in other segments not only the one your company is in. To be able to create a blue ocean environment, companies need to understand the factors that influence the customers decisions to change segments such as price and performance. Blue ocean strategy also focuses on looking across chain of buyers. By changing the industry tradition of which buyer group to target and looking across the chain of buyers, companies can get an insight on how to focus on overlooked groups of buyers. Kim and Mauborgne discuss the importance of considering the whole chain of buyers including purchasers, actual users and influencers. By focusing on all of these groups the company can break away form the competition and create a blue ocean environment and the competition would become irrelevant because the industry boundaries are waiting to be created. An example of an Australian organisation that has used this strategy is wine manufacturer Casella Wines. Casella Wines broke free from the boundaries of the domestic competition and moved towards the US market through implementing blue ocean strategy and targeting a segment which was not tainted yet which was the non-wine drinking population. Differentiation and Cost cutting The traditional red ocean view focuses on the importance of creating just one competitive advantage. Porter (1980) has developed recognised theories that describe the three types of competitive strategies as cost leadership, differentiation and focus. Porter emphasises the danger of a company being in the middle of the strategies and the importance of clearly selecting one strategy. If an organisation tries to operate with multiple strategies, it will supposably lose its competitive advantage and focus.

The Soaring Juvenile Crime Rate :: juvenile delinquency crime

The Soaring Juvenile Crime Rate   Ã‚  Ã‚  Ã‚  Ã‚  It is comforting to know that, according to recent crime statistics, crime rates are dropping among adults. However, for teens the crime rate is soaring. Between 2000 and 2004, the rate at which adults age 25 and older committed homicides declined 22%; yet the rate jumped 16% for youths between 14 and 17. This age group surpassed the 18 - 24-year-old group in the early 2000's as the most crime-prone. (Between 1966 and 2001, 18 - 24 showed a 62% increase in homicides; 14 - 17 showed a 124% increase in murders.) It is this age group that will be booming in the next decade (currently 39 million under 10).   Ã‚  Ã‚  Ã‚  Ã‚  However, the American Civil Liberties Union, in a fact sheet on juvenile crime published in mid May of this year, stated that contrary to public perception, the percentage of violent crimes committed by juveniles is low. According to one estimate, only 13% of violent crimes are committed by young people (Gallup Poll Monthly, Sept. 2004). The ACLU further suggests that the public also holds greatly inflated perceptions about the violence of today's juveniles, claiming only about 0.5% of young people commit violent crimes. ( ³ Crime Time Bomb, ² U.S. News & World Report, March 25, 2006)   Ã‚  Ã‚  Ã‚  Ã‚  Current social trends do little to contradict the dire predictions made about youth crime rates. Nearly all the factors that contribute to youth crime -- single-parent households, child abuse, deteriorating inner-city schools -- are getting worse. At the same time, government is doing less (spending less) to help break the cycle of poverty and crime.   Ã‚  Ã‚  Ã‚  Ã‚  Predicting a generation ¹s future crime pattern is, of course, risky. Especially when outside factors remain unpredictable (Will drug use be up or down? Will gun laws be tightened?). Also, from year to year, crime rates can fluctuate much like the stock market. What goes up generally comes down, and what goes down generally comes back up.   Ã‚  Ã‚  Ã‚  Ã‚  It is probably no surprise to hear that crime rates among juveniles vary across race (structural limitations/discrimination, self-fulfilling prophecy, etc.). Minorities, especially Blacks, have a higher arrest rate for violent

Virgin Usa – Pricing Strategy

Marketing [pic] Virgin USA Francesco Marani Problem Statement Virgin mobile is entering the US mobile market. Low brand recognition in USA and limited financial resources for advertisement represents a constraint because to enter successfully in such a market Virgin needs to swiftly attract its potential target customer, in order to establish a critical mass and financial strength to defend itself from incumbent and/or other potential entrants (price-wars, dumping, etc†¦). The profile of target customers, youth in between 15 and 29 years old with low credit credentials and high income / price elasticity (sensitivity to changes in price and income), is in conflict with the need to retain customers for a minimum period of 17 months as currently in the market ($ 370 / [52-30] = 17), in order to breakeven recovering the Cost per Acquisition (CPA). Situation Analysis Competition – the Mobile Industry in USA: there are 6 national carriers, as well as other small regional providers. The market is overcrowded, mature, highly competitive and concentrated (3 largest carriers covering about 59% of the market – Exhibit 1); requiring large capital expenditure (CAPEX). High churn rate contribute to create uncertainty on the profitability of clients particularly because the carriers are perceived as utility providers rather than service providers. Advertisement expenditure by market leaders is high in order to capture unsatisfied customers. Customer – Market: Most of the new subscribers of mobile services (117 Mln in 2001) opt for a contractual agreement with mobile carriers, which implies hat the bulk of customers are locked into an agreement and potentially dissatisfied. Carriers make money with hidden fees, taxes and unexpected charge (calls during peak time and in excess of monthly allowance). Customer confusion, dissatisfaction and homogenous offer could be some of the reason behind the significant churn rate. We can assume that a significant chunk of the remaining subscribers (13 Mln) are mainly concentrated within the younger part of the population, in many instance unable to sign up for a contract given their lower credit credentials. Virgin aims at attracting 1 Mln of subscriber on the first year and is partnering with MTV, specialized magazines and selected trendy stores consistently with its target customers. Company – Virgin Value Preposition: The Virgin brand in other European market is associated to value for money, innovation, a hip and trendy image, and also ability to shake industry convention and status-quo. Virgin is planning to enter the USA market aggressively, where it has almost no brand recognition, focusing on understanding and meeting customer needs rather than operating the physical infrastructure (MVNO approach). By trying to differentiate its offer and value preposition from the flat and boring offer of established carrier Virgin is trying to change the concept and the perception of such service. Final goal would be reducing dissatisfaction and hence the churn rate, potentially increase the average spending per customers by in other entertainment services. Context: Virgin target customers are the youth between 15 and 29 years old, with less stable economic and consumer behavior, but a higher attitude to spend. On a comparative basis, penetration rate is expected to growth the most on Virgin’s target customer. Additionally revenues generated by entertainment services are expected to grow exponentially (annual growth above 100%) creating an additional revenue stream. Alternatives Clone the industry Prices: Adopting the same price structure available in the market seems to be a strategy consistent with the need of a simple communication, while differentiation will be based on transparency, attention to customer needs and additional services. Such price replicating strategy can be difficulty defendable in the long term. The owners of the network infrastructure, which in some instances is also a provider of mobile services, could easily cross-subsidize their mobile business and reduce its CPA to compete aggressively with Virgin, neutralizing its strategy given their superior rental network cost advantage. Any price war is likely to create an immediate change in customer preferences, in particular Virgin’s target customer (15- 29 years) is likely to be strongly affected given their traditional high sensitivity to prices change (price elasticity typically high). Price below the Competition: The option to adopt a quasi-similar pricing structure, with an exception for the bucket of consumption in between 100 and 300 minutes, has the same pros and cons of the one before mentioned, in addition to increase the probability of triggering an aggressive competitive reaction by incumbent (price wars). Both the above options fail to address three significant aspects: ? The high churn rate, which is one of the main problems in the service industry, is not addressed by any of the mentioned strategy. The limited advertisement budget may fail to create an impact and convey rapidly a clear message to any potential customers. ? The post-paid contract may be difficult to implement using the planned distribution channel. Lower sales commission could also implies less prepared sales representatives, which may fail to properly complete paperwork related to credit checks. Recommendations Virgin should adopt a brand new approach entering the mobile market to quick ly capture the favor of unhappy customers, as well as people unable to sign a contract given their low credit credentials. No contracts (pre-paid only), no hidden fees & taxes, an aggressive price strategy within the 100 – 300 minutes of consumption as a monthly allowance, with no difference between peak and off-peak charges. The average cost per minute in the industry is at the moment around 12 cents ($ 52 average bill per month / 417 min). By analyzing different possible scenario, including different retention rates and rebates in line with the market (Exhibit 2), Virgin can produce a positive Lifetime Value (LTV) offering a tiered price structure, by charging 0. 19cents for monthly usage below 100 minutes, 0. cents in between 100 and 200 minutes, or 0. 06cents between 200 and 300. This solution has been obtained by resolving the LTV formula, leaving the price as an incognita, and assuming a 6% churn rate, a rebate from client of the mobile cost at $30 (using similar proportion of rebate as other competitors), ? PROs: difficult to be replicated by competitors in the market in the short term. It best suits the need of youth people unable to pass credit checks, as well as teenagers and parents needs because it naturally limit their maximum spending in advance. LTV positive since the beginning and CPA at $160 (refer to the next section for further consideration on the CPA). Virgin can further reduce the cost per minute charges if we increase the upfront cost billed to customer for the phone (Exhibit 3), in case competitors start competing aggressively. ? CONs: pre-paid are typically associated with higher churn rate, which can result in a net loss for the carriers before having recovered the CPA. Pre-paid customer in some instances use the mobile phone less than traditional users. An appropriate (easy to reach and cheap) infrastructure needs to be in place to recharge the phone. Implementation Plan Price: an aggressive tiered price strategy, with price decreasing at increased consumption simple to communicate and sensitively lower than competitors (Exhibit 4). Any minutes in excess of 300 minutes can be charged at the same cost per minute applied for the 200 – 300 minutes of monthly consumption. No difference between peak and off-peak charges. Contract: no contract, no hidden fees and taxes. Every user will be charged only an upfront cost for the phone, which in an aggressive scenario is set at $30, (i. e. half of the minimum amount currently charged by other carriers – Exhibit 5). Communication: Virgin is entering the USA mobile market using selected affiliated partner (MTV, selected magazine, etc) consistent with its target customers. The planned advertisement investment is $60 Mln, lower than competitors, but significant for a new entrant. If we consider such t investment as a cost, the total CPA is around $160 (Exhibit 2). Nevertheless, from a financial perspective we should consider the $60 million initial investment as the only CAPEX required, which need to be remunerated by taking into account the company and market risk. If we assume a 16% rate of return on the CAPEX we would reduce the CPA at 109. 6 (Exhibit 6), close to the condition to make the present plan viable according to Morgan Stanley research. Success implementation of the strategy require Virgin entering and impacting its target customer swiftly, in order to build a critical mass and financial strength before being able to face any price-wars. Breakeven: currently the industry break-even is 17months. If we assume average consumption around 417 minutes per month, we can see that the breakeven will be significantly lower, and around 5 month. In the present calculation we have neither considered any extra revenues generated by VirginXtras, nor a reduction in the churn rate as a likely consequence of the improved customer satisfaction. Redu cing the churn rate is probably one of the most important objectives in the mobile industry sectors, also because gives additional space for price reduction as demonstrated (Exhibit 2, 3, 6). Exhibit 1 [pic] Exhibit 2 [pic] * Assuming 1 Mln of customers. $60 Mln /1 Mln customers = $ 60 per customer Exhibit 3 Intermediate Rebate [pic] Maximum Rebate [pic] * Assuming 1 Mln of customers. $60 Mln /1 Mln customers = $ 60 per customer Exhibit 4 Price Advantage against Market Average Prices [pic] *Mkt Adv = Market price per minute – Virgin price per minute. Exhibit 5 [pic] Exhibit 6 [pic] * Considering the investment on advertisement as a capital expenditure, with a 16% annual rate of return. ($60 Mln /1 Mln customer x 0. 16 = $ 9. 6

The British Obstinacy and Persistence With Their System of Operation Free Essay Example, 1500 words

The divided roles played by solicitors and barristers in the U. K. have put in question the need at all for the division. Until recently, there were 4,800 barristers and 44,000 solicitors in the U. K. There does not appear to be more room for barristers and fresh barristers are finding it difficult getting cases (Cohen, Professor Harry; p10). Solicitors, on the other hand, engage fresh talents and are on the lookout for skills to enhance their marketability. It is possible for solicitors to become barristers and vice versa after going through a short course. However, the flow is greater in the barrister to solicitor transition. The differences are in the solicitor s ability to make contracts with his client for a fee which a barrister cannot do. The solicitor also deals directly with the client which again a barrister cannot do as he has to get the client routed through the solicitor. A solicitor is an officer of the court whereas a barrister is not subject to the control of the co urt although the barrister could be disbarred for any professional misconduct. The similarities are both enjoy legal immunity in respect of actions and statements made during the lawful conduct of their clients lawsuit. We will write a custom essay sample on The British Obstinacy and Persistence With Their System of Operation or any topic specifically for you Only $17.96 $11.86/page There is a powerful plea for fusion by the Law Society because solicitors rightly feel that they are capable of doing what the barristers are doing more efficiently. The Law Society s pleas are not falling on deaf ears because it is through their efforts that the lines of differences between solicitors and barristers are beginning to blur (Types of Legal Career, 2010).

Institutional Functions and Disparate Connotations - Free Essay Example

Sample details Pages: 6 Words: 1856 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Cause and effect essay Tags: Political Essay Did you like this example? In contemporary political and legal beliefs, the term civil law indissolubly provides perplexing connotations. Many harbingers ostensibly understand the term civil law as a substantive area of law which preluded in the times of Ancient Rome. Conversely, individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s familiar and residing in common law jurisdiction understand civil law to be a private area of law which is non-criminal. In this essay I will be analysing the terms civil law, their institutional functions, and their disparate connotations, before reaching a conclusion as to why the term creates an area of misconception. Common law emanated from legal developments in early Middle Ages in medieval England, influenced by Anglo-Saxon law which was applied in British colonies. The fundamental reasoning for the system is the doctrine of precedent. In common law jurisdictions such as England and Wales, courts lower in the judicial hierarchy are strictly bound by decisions of senior appell ate courts. This process, termed stare decisis is the crux of system, on the basis that it is unfair to judge similar situations differently. Such decisions are contained within yearbooks/reports termed case law. Civil law within this nature relates to a private category of law which is non-criminal; it is the legal mechanism whereby litigants can have their rights enforced (Slapper Kelly, 2013). Torts, quasi-contract, property are all examples of civil law. Unlike criminal law, the purpose of civil law is not punishment per se, it is, however, concerned with remedying litigants who have been wronged by anotherà ¢Ã¢â€š ¬Ã¢â€ž ¢s act/omissions. Comparing both criminal law and civil law we notice another difference. Unlike criminal law, which evidential standard is based beyond reasonable doubt, the standard of proof in civil litigation is on the balance of probabilities; that is, more probable than not. In this sense, it is generally the claimant whom carries the burden of proof . Nonetheless, there are situations where this may reverse. For example, in a prima facie case, i.e. defamation case, the burden of proof will reverse onto the defendant to refute the claims therein. Civil cases are generally disputes between two parties or an organisation, a party whom commences a case is called the claimant, and the party that the action is being taken against is termed the defendant. If the claimant can prove on the balance of probabilities that the claimant wronged him/her, the defendant will then be liable for a form of compensation which is typically a sum of money. However, where the standard of proof is not met, one will be found not liable. Common law, as opposed to civil law, operates as an adversarial system; a challenge between two opposing adversaries before a judge, who acts as a moderator. In England and Wales, either-way or indictable offences are often adjudicated by a jury of ordinary people who will decide on the facts of the case. The judge then decides the appropriate sentence bases upon the juryà ¢Ã¢â€š ¬Ã¢â€ž ¢s outcome. Another noticeable difference between civil law and criminal law is the parties involved; unlike criminal law, cases are referred to by the parties of the litigation, for example, Smith v Jones. By contrast, criminal law styles cases as R v Jones, à ¢Ã¢â€š ¬Ã…“Rà ¢Ã¢â€š ¬Ã‚  in this sense relating to à ¢Ã¢â€š ¬Ã…“Reginaà ¢Ã¢â€š ¬Ã‚  à ¢Ã¢â€š ¬Ã¢â‚¬Å" Latin for queen. Whilst the United Kingdom (UK) is a signatory to the European Union (formerly European Community), the jurisprudence emanating from the convention generally takes precedence over domestic law where there is a conflict. In addition, the Court of Justice of the European Union is, in theory, formed upon civil law principles, therefore, providing requirement to follow the principle of stare decisis (Slapper Kelly, 2013). Moreover, ità ¢Ã¢â€š ¬Ã¢â€ž ¢s palpable that the deep grammar of the civil law paradigmatic bring s with it perplexing connotations. In a common law jurisdiction, to the reasonably prudent layperson, the term civil law system would confuse. An unindustrialized, and more nuanced view, is that the term does not proficiently distinguish itself, consequently creating a simultaneous area of misperception. Noticeably, there needs to be a more context-specific approach to the terminology that surrounds us. While the area of substantive law implicitly relies on a conception of civil law, its namesake entails a series of complexions particularly to those whom reside in common law jurisdiction. By contrast, the term civil law further relates to jurisdictions who do not apply a common law approach, instead applying comprehensive coding and scholarly texts to proceedings allowing courts to adjudicate more liberally. Nevertheless, consistency and certainty of the law must be fortified. Civil law is developed from Roman law, built by the Emperor Justinian in the sixth century, CE (Bamford , Tayleur and Verlander, 2013). Whilst common law relies on judicial precedent, the legal traditions in Europe, non-common law jurisdictions or non-Islamic countries give less weight to precedent, applying scholarly literature, legislative enactments and comprehensive coding to evaluate jurisprudential conditions. Such codes differentiate between categories of law: substantive law evaluates which acts are subject to criminal prosecution, procedural law establishes the technical aspects and prescribes which actions are to be construed as a criminal act, and penal law establishes the appropriate punishment. A well-worn example of the paradigm is the inquisitorial nature of a civil law system. Analogously, it is evident that the initiation of litigation segregates between the two jurisdictions. Whereas in common law jurisdiction it is the prerogative of a prosecuting authority (or sometimes individual), in civil law jurisdiction it is generally the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s role t o initiate proceedings, provide formal charges and investigate the matters therein. Nonetheless, s/he is bound to conform to a framework of established and systematic set of codified laws. For example, in France, the Napoleonic code forbade judges from pronouncing general principles of law. Moreover, in analogy to common law, continental systems do not use jury trial, nevertheless, appoint judges who are appointed due to their area of expertise, not impartiality. There are, however, jurisdictions which rely on a pluralistic system; that is, they are mixed. For example, Malta is a country of mixed jurisdiction, compromising of a civil and common law one. Whilst the code was highly predisposed from the Code de Napoleon and Italian Civil law, British influence, including all colonies were influenced by English common law, particularly in Public law. Similarly, Quebecà ¢Ã¢â€š ¬Ã¢â€ž ¢s juridical nature relies on a mixture of common law and civil law where appropriate. The system, ho wever, emanated following the 1763 Treaty of Paris which bestowed French Canada to Great Britain. However, the Quebec Act 1774 was implemented to ensure the system was pluralistic in nature, relying on English Common law, and civil law based on the Coutume de Paris. In conclusion, it seems fair to say that the term civil law carries perplexing connotations. Within its peculiarly jurisprudential origins, civil law encompasses adjudication by means of comprehensive legal codes. However, the term civil law in common law jurisdiction pronounces a mechanism whereby one can have their rights enforced in a court of law should they be wronged by another. Perhaps the most concise, intricate conclusion is that both legal systems provide great disparity within their approaches, and a more context-specific approach should be adopted to dispel any complexities within their ornate origins. Question 2 Driving without insurance Driving without insurance is a strict liability offence, me aning intention is not required in order to be convicted. Driving without insurance is a criminal offence pursuant to the Road Traffic Act 1987 s.143 (1) (a); the law requires a driver to have at least third party insurance in place before driving or parking a vehicle on a public highway. The penalties for driving without insurance are between 6 and 8 penalty points and a means-tested fine of up to  £5000. However, the police do, in limited circumstances, have the authority to issue a  £200 fixed penalty notice and six penalty points. That said, by not having insurance, Rex has exposed himself to civil liability under the tort of negligence. A pedestrian can claim compensation under the governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s agreement with the Motor Insurersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Bureau (MIB) where the opponent is uninsured. It should be advised that although Rex does not carry insurance, that does not preclude action. The MIB will evaluate the claim, and look for recompense, th erefore if Rex holds particular assets, a judgment can be enforced to levy said assets. Although the police may agree, the standard of proof is on a balance of probabilities which means the claimant will carry the burden of proving liability. Tablet Computer With reference to the tablet computer, whilst warranty may provide protections, as a matter of law the Sales of Goods Act will provide protection. Under the Sale of Goods Act 1979 (as amended), goods must be (1) as described; (2) of satisfactory quality;and (3) fit for purpose. Within the first six months, the burden lies with the retailer to provide the problem is not caused by a manufacturing default. Thereafter, the burden reverses on the customer. In addition, EU directive 1999/44/EC gives consumers a two-year warranty on new goods brought from retailers. When returning goods, the directive does not require the buyer to show the fault is inherent in the product and not down to their actions. Loud music Loud music w ithin a home can be classed as a statutory nuisance. Naturally, one has the right to enjoy the luxury of their possessions; however, the balance shifts between this, and the neighbours right to enjoyment. By virtue of theEnvironmental Protection Act 1990, local authorities are obliged to take action to investigate complaints of nuisance noise made by residents. Where one is found to be causing statutory noise nuisance, they will issue a noise abatement order. Furthermore, in England, the common law tort of private nuisance may apply. That is, the unreasonable interference with the use and enjoyment of oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. Such litigation looks at the realms of the standards of the average person. Nuisance claims are of strict liability; that is, it negates the requirement for negligence or tortious intent. The cases of Jones v Powell and Rylands v Fletcher set forth the requirements for such a claim for a potential claim, on the basis that said neighbourà ¢Ã¢â€š ¬Ã¢â€ž ¢s enjoyment of property was interfered with. Contract Claim By virtue of English contract law, there has to be an offer, acceptance and consideration with an intention to create legal relations. In order to have a legally binding contract, there has to be a meeting of the minds and an intention to create legal relations. From the narrative, it would appear that the requisite intentions of contract formation have not been met, therefore Rex would have no claim in contract. Bibliography Bamford, K., Tayleur, T. and Verlander, S. (2013). 17th ed. Oxford: Oxford University Press, p.56. Slapper, G. and Kelly, D. (2011). English legal system, 2011-2012. London: Routledge. Cases Rylands v Fletcher [1868] UKHL 1 Legislation Road Traffic Act, c.52. Available at: https://www.legislation.gov.uk/ukpga/1988/52/contents (Accessed: 24 October 2014) Sales of Goods Act 2979, c.54. Available at: https://www.legislation.gov.uk/ukpga/1979/54/contents (Accessed: 25 October 201 4) EU Legislation Directive 1999/44/ec of the European parliament and of the council of 25 may 1999 on certain aspects of the sale of consumer goods and associated guarantee: Available at:https://eurex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:31999L0044from=EN (Accessed 24 October 2014) Don’t waste time! Our writers will create an original "Institutional Functions and Disparate Connotations" essay for you Create order