THE TAMIL NADU

Dr. AMBEDKAR LAW UNIVERSITY

(State University Established by Act No. 43 of 1997)

M.G.R. Main Road, Perungudi, Chennai - 600096.

ENGLISH-II
FIRST YEAR – SECOND SEMESTER.

STUDY MATERIAL

BY
Dr. K. S. SARWANI
Department of Inter -Disciplinary studies,
School of Excellence in Law [SOEL]
The Tamil Nadu Dr. Ambedkar Law University
Chennai – 600096.
 PREFACE
nd
This course material is meant for the students pursuing First year, 2 ,
Semester - B.A.LL.B (Hons), B.Com.LL.B (Hons), B.B.A.LL.B (Hons) and B.C.A.LL.B
(Hons) degree course in the School of Excellence in Law (SOEL), The Tamil Nadu
Dr.Ambedkar Law University (TNDALU). It covers the syllabus prescribed for
English II, which concentrates mainly on legal language and bettering the
language skills. In the course material, for Units I and II of this course, lessons
have been prescribed from Law and Language edited by R. P. Bhatnagar and
Learning the Law by Glannville Williams, Due Process of Law by Lord Denning,
and from Nicomachean Ethics by Aristotle. Each unit has five essays/lessons. A
standard methodology has been followed for Units I and II, wherein for each
lesson/essay, the complete essay has been given followed by information
about the author and finally the analysis of the lesson. Unit III deals with the
acquisition of language namely English, and the pitfalls in learning the second
language. Apart from that to enhance language skills figures of speech have
also been included. The Language Riddle by David Annoussamy has been taken as
the main source for Unit III. Unit IV deals with logic which includes a detailed
explanation about proposition, terms, and distribution of terms, syllogism and
fallacies. Unit V has a list of around hundred legal terms, which study is
intended to widen the legal vocabulary of the law students. For each legal term
an explanation has been given along with a sentence using the legal term.
Apart from the books mentioned above, information has also been taken from
various web sources. I hope that this material is useful to the students. I wish
to acknowledge the support and encouragement of our Hon'ble Vice-
Chancellor Col. Prof. Dr. N. S.Santhosh Kumar, who initiated the publication of
course materials for all the subjects. I would like to thank Prof. Dr. V. Balaji,
Dean, SOEL, for constantly encouraging us to complete the course material. I
thank profusely the Faculties of English of the Law University, Dr. R.
Vadivelraja, Dr. B. Viswanathan, Mr. D. Karthick and Mrs. A. Radha, whose
contribution helped immensely in the completion of this work.

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 -Dr. K. S. Sarwani
CONTENTS

MODULE – I: Legal Literature

i. Methods of Study - Glanville Williams
ii. Divisions of Law - Glanville Williams
iii. Interpretation of Statutes - Glanville Williams
iv. Moots and Mock Trials – Glanville Williams
v. Some Reminiscences of the Bar – M.K.Gandhi
vi. Due Process Of Law Part 1 - Lord Dennings

MODULE – II: Communication Skills

Definition – Methods – Types – Principles of Effective Communication – Barriers
to communication – Relevance and Importance of communication

MODULE – III: E-Communication

i. Modern forms of Communication – Fax – E-Mail – Video Conferencing – Internet
– Website
ii. Writing Skills – Report Writing – Meeting Agendas – Minutes of Meetings –
Memorandum – Office Order – Circular – Notes

MODULE – IV: Logical Reasoning

i. General principles of Logic
ii. Deductive and Inductive Logic
iii. Proposition – Kinds and Types of Propositions
iv. Four-fold classification of proposition
v. Syllogism – Structure and Rules of Syllogism
vi. Fallacies – Distribution of Terms and Importance of Middle term

MODULE – V: Legal Language Usage

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 Legal Term (Appendix – I)
Legal Maxims (Appendix – II)

MODULE-I: LEGAL LITERATURE

1. METHODS OF STUDY
By-Glanville Williams

FULL TEXT OF THE LESSON

How is my time better spent: sitting in the library reading cases in the reports, or
stewing over a textbook or case book in my own room? This is a question often put
to my beginners, and it is a hard one to answer. One can, of course, answer it
discreetly by saying-do both. But then the question is in what proportion? What is the
relative importance of the two modes of study?
Before answering this question, let me remind the reader that when studying law
there is not one aim but two. The primary and most important aim is to make oneself
a lawyer. The secondary (but also very important) aim is to pass the law exam with
credit. Now, to a large extent, these two aims can be pursued by the same means.
For both purposes, one must study cases, either in the original law reports or in the
case book. It is through applying oneself to cases that one gets to understand how
legal problems present themselves and how legal problems present themselves and
how legal argument is conducted. That understanding is important whether one’s
object is to solve exam problems or to give sound opinions on points of legal
practice. But there is one difference between preparation for practice and
preparation for exams. For practicing lawyers, having a large field of what Pollock
calls potential knowledge is more important than having a small amount of actual
knowledge. What the practitioner needs is a grasp of general legal principles, a
sound knowledge of practice and procedure, an ability to argue, and a general
knowledge of where to find the relevant law. But it is not essential for the practitioner
though, of course, it is a great help, to carry much law in the mind. To shine at exams,

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on the other hand, one must not only know how to argue, and be able to display first-
hand knowledge of the sources; one must also be able to recite a considerable
number of rules and authorities. From the exam point of view, there is a danger in
discursive reading that is not accompanied by a considerable amount of learning by
rote. Teachers of law regret the amount of memorization that is required, but they
have not agreed upon effective countermeasures. Often it seems to have smoother
constructive thoughts. Some exam scripts are positively shocking for the amount of
word-perfect memorizing that they display, coupled with a lack of individuality.
Copies of statutes are allowed to be used in some law exams. The result should not
lower the standard of the exam, but raise it, for it means that the exam can be made
more starkly a test of intelligence and lawyerly ability. But some candidates fall prey
to the temptation to recite long passages from the permitted materials, which gives
the examiner the impression that they are insufficiently prepared to answer the
question (even though the passage cited may be permitted, or at least lists of names
of cases.) In some universities, some teachers allow pupils to take into the exam all
materials that they have prepared themselves.But I must not vex present readers
with problems of educational reform. My reason for writing the above was merely to
underline the importance, as matters now stand, of some memory work. Students
whose schooling has consisted of project work and other forms of continuous
assessment might well find that the degree of material that must be committed to
memory is rather daunting. It is distressing when a student who has worked
industriously and read widely fails to achieve a due place in the exam merely through
failure to commit to memory a due proportion of what has been read. There is
another observation to be made about the learning of law through the medium of
textbooks. It is an observation that everyone is worth putting on paper for the sake
of those whose acquaintance with this discipline has hitherto been slight. It is this.
The more often a book is read, the easier and quicker it is to read (which is, perhaps,
not quite so obvious), and the more it repays the reading (which is, perhaps, not quite
so obvious). When a book on an unfamiliar subject is read for the first time
(including, I should suppose, this one) it is rather heavy-going, and one seems not to
remember very much of it. The second reading is both easier and more interesting,

4
and more (but still not much) is remembered. Many people take their exams at this
point. Had they had the perseverance to read through their exam at this point? Had
they had the perseverance to read through the book a third, fourth, and fifth time,
they would have found that each successive came more easily and that the residue
left in the mind each time went up in geometrical progression. While on the subject
of memory work, it is worth pointing out that learning by heart is best performed in
short periods distributed over as long a time as possible. For instance, it is better to
devote one hour a day to revision than six hours at a stretch once a week. By the
same token, you can learn the same amount in less learning time by distributing your
learning evenly over term and vacation than by crowding your learning into the term
and leaving the vacations an academic blank. It has been found, says a psychologist,
that when acts of reading and acts of recall alternate, i.e., when every reading is
followed by an attempt to recall the items, the efficiency of learning and retention is
enormously enhanced. This means that learning is best done by reading a paragraph
or page or similar convenient amount, and immediately reciting the gist of it, and it
has been found better to recite aloud than to perform the recall in the head. If you
find that you cannot remember the passage properly, read it again and then try
another recall. The longer the passage that you set yourself for recall the better; in
other words, read as much at a time as you will be able to reproduce at the next
recall. Heavy footnotes in a book are sometimes distracting, and it is then a good
plan to read the book through the first time without looking at the footnotes. It is a
mistake to spend valuable time in digesting a textbook on paper unless the digest
consists of little more than subject headings and names of cases. Mere transcription
from a book that one owns oneself is certainly folly. “Many readers I have found
unalterably persuaded”, wrote Dr. Johnson, “that nothing is certainly remembered but
what is transcribed: and they have therefore passed weeks and months in
transferring large quotations to a commonplace book. Yet, why any part of a book,
which can be consulted at pleasure, should be copied, I was never able to discover.
The hand has no closer correspondence with memory than the eye. The act of
writing itself distracts the thoughts, and what is twice read is commonly better
remembered than what is transcribed.”

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CASES AND MATERIAL BOOKS
Some teachers of law do not recommend the use of casebooks, although the
numbers who adopt such a high-minded line are undoubtedly dwindling. In their view,
the only way to become a proficient lawyer is to sit down and read cases, not content
oneself with the headnote or any other simplified version of the case. But reading
through the whole of the statement of facts, and the whole of the judgments. Faced
with such a counsel of perfection the student may well echo from the heart the
words of Doderidge J, written when legal literature was but a fraction of its present
bulk: vita brevis est, ars longa. Our life is short and full of calamities and learning is a
long time in getting. A teacher must consider, before giving advice like the above, the
amount of time actually available to a law student for studies. Taking first those at
the universities, their period of residence is only about 7 months in the year, and few
can work for more than 8 months in the year altogether. In that time, they have to
cover 4 or 5 subjects. This means an average of between 6 and 8 weeks for each
subject. In this alarmingly short space they must fit attendance at lectures and
tutorials / supervisions, the reading of the text books, wider reading in the library, and
revision, as well as the manifold activities that very properly occupy the
undergraduate outside work. Those studying for professional exams, particularly
those engaged in office work during the day, will probably have less rather than more
time than undergraduates. It becomes obvious, then, that time must be carefully
managed. Granting that the student must read cases, it is a permissible economy of
time to buy a good case book for each department of law that is being studied. Using
the case book has 2 advantages for the learner. First, the case book saves some of
the trouble (beneficial, but time-consuming) of making one’s own notebook of cases.
Secondly, it does something to eliminate immaterial facts, thus helping in the search
(again beneficial, but again time consuming) for the facts that are legally material It
should be added that the use of case books by no means dispenses with the need
for reading at least some of the original reports. For one thing, many of the more
important cases in the case book can profitably be read in full in the law reports,
using the case book version only for revision. Also, there are bound to be many

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cases that the keen student will come across and want to read that are not in the
case book among them, cases decided since the case book went to print. And it
should be remarked that examiners are prone to set papers in which recent cases
figure prominently, if only because they afford such rich material demonstrating the
growth points of law. To the student of modest means the high price of law books is
intimidating; but it is a false economy to do without basic works. Many are available
at reasonable prices in paperback. Money can usually be saved by buying
secondhand books (often organized by the student Law Society where you are
intending to study)., but the beginner who does this should be careful never to buy
anything but a latest edition, and to make sure that a new edition is not in
preparation at the time of purchase. It can be infuriating to buy in June, only to find
when the course starts in late September or early October that a new edition has
appeared. As a rule of thumb, I would say, be a big suspicious of any textbook in its
3rd or 4th year. The following is a London firm specializing in 2nd hand and new law
books. An email to Wildy & Sons Ltd, Lincoln‘s Inn Archway, Carey Street, London
WC2A 2JD (info@wildys.co.uk) (or a phone call --- 0207242 5778) will bring a
quotation.

LECTURES AND CLASSES

In the Middle Ages lectures were necessary because of the shortage of books. Now
that printing has been with us for some hundred years, that many lectures provide
very comprehensive hand-outs and that the internet is developing space, is there any
need to continue the lecture system? Perhaps the only comprehensive answer to this
complex question is that it depends upon the particular lecturer and the particular
lectures. You should soon appreciate that not all lectures are seeking to achieve
precisely the same objectives in the course of a lecture session. If you start with the
assumption that each lecturer is determined to provide you with a set of perfect
notes, with the aid of which you will be able to sail through the exam. You will be
sorely disappointed. But speaking generally, lectures may be said to possess several
merits as a means of instruction. They can quicken interest. Listening to a competent
lecturer makes a welcome change from the reading of books. Some lectures seek to

7
help an audience by giving the basics and essentials of the subject, elucidating the
broad principles and indicating what is a matter of detail. It is possible to dwell on the
parts of the subject that experience shows to cause special difficulties. Another point
in favor is that by varying the emphasis the lecturer can be understood more readily
than the toneless words of a book. Finally, the lecturer can bring textbooks up to date,
and in a smallish class can solve individual difficulties through interaction and
discussion.

Taking notes
You will in time develop your own style of note-taking, but there are some well-
established systems, such as the Cornell system, for taking notes and subsequent
study. This suggests that you should draw a vertical line about 2 inches from the left-
hand edge of the paper, using the right-hand side to record the lecture itself, and the
left for recall purposes subsequently. That is, the lecture is captured in general idea
rather than detail, and the key ideas can be summarized and reflected upon later in
the recall column. Some lecturers regard it as their sole function to stimulate and
inspire; oblivious, perhaps, to the old Chinese proverb that the palest ink is worth
more than the most retentive memory, they do not particularly want notes to be
taken. Certainly, it is a great waste of time to sit through the average lecture making
notes mechanically without thinking about what they are about. Either concentrate
on the lecture and rely upon your books for acquisition of facts or form the habit of
taking notes (using a laptop if you are sufficiently familiar with the operation of the
machine as not to be distracted by it and you can do this without distracting others)
and at the same time following the line of argument. It may set an edge upon your
attention if you imagine that you are due to be tested in the subject immediately after
the lecture. Another inestimable habit is of spending a part of each evening reading
through all the notes taken in the day. It needs hardly be added, after what has
already been said about transcription, that the making of a fair copy of one‘s own
lecture notes is a dismal waste of time.

Using shorthand

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Some lecturers are blamed for saying too many valuable things in too short a time,
making it difficult for the pens of their audiences (particularly those not used to note-
taking) to keep pace. Often, you will find that the lecturer is in fact making the same
(or a very similar) point, but in a different language, in order to get the idea across.
But if you are not used to taking notes in a lecture, and if the lecturer is using a hand-
out and visual aids (such as a PowerPoint presentation), the difficulties of keeping
track are compounded. One tip that might help to meet these difficulties is to
suggest that you use abbreviations. You can devise your own system, but might find
that the following are particularly useful:
H husband W wife
T tenant L landlord
Er employer Ee employee
C claimant D defendant (in both civil
and criminal cases)
A agent P principal
P purchaser V vendor
In land law it is customary to refer to imaginary pieces of land as black acre, white
acre, etc.

Some traditional abbreviations make use of the stroke, I. Apart from a/c (account),
they all represent two words, the stroke being placed between the initial letters of
each:
b/e Bill of exchange
b/l Bill of lading
b/n Bank note
b/s Bill of sale
h/p Hire purchase
p/n Promissory

This method can, of course, be extended to other common legal phrases:

a/b Act of bankruptcy

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 a/b Act of bankruptcy
a/t Abstract of title
A/P Act of Parliament
b/f Bonafide
e/r Equity of redemption
l/a Letters of administration
n/i Negotiable instrument
n/k Next to kin
p/a Power of appointment
p/p Personal property, part
performance
p/r Personal representative
r/p Real property
r/c Restrictive covenant
s/g Sale of goods
s/p Specific performance

Alternatively, the initial letter may be separated by periods:

b.f. (p) Bona fide (purchaser)
c.q.t. Cestui Que trust
c.q.tt. Cestuis Que trust
p.f. Prima facie

Or they may even be joined up:

CPS Crown Prosecution service
DPP Director of Public prosecutions

Another traditional method of abbreviation is to write the first pronounceable part of

the word and then write the ending. Common examples of this method are
association, for the department of and income for insurance. If you fail to catch or
understand a particular sentence, most lecturers do not mind being asked to repeat
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or amplify it. Exercise discretion in the matter. If you have missed a case, and the
lecturer has provided a hand-out, it may be better discreetly to ask a neighbor to
point you in the right direction rather than disrupt the flow of the lecture. Some
lectures invite questions and arguments; in that case, see that you play your part.
Considerably more important than the average lecture is the discussion class,
generally called a tutorial, class, seminar, or supervision. And of discussion clauses,
the most beneficial are those in which the discussion is centered on legal problems.
With regard to these classes, my injunctions are limited to two: first, attend them,
and secondly, prepare for them by attempting to work out the problems for yourself
before the session. Half the value of the exercise is missed if you sit supinely back
and let the instructor or the other members of the class address the problem for you.
The larger the group, the less likely it is that you will be passed to speak, and the
more important it is that you should speak-if only in order to cultivate self-
possession and to get used to the sound of your own voice in public. Talking about
your work, whether in class or with friends, has the further very important advantage
of helping the memory. To quote one of our psychologists again: “Some form of
action or of expression would seem to be essential to unimpaired retention. It seems
that good conversationalists and great talkers generally have good memories. It is
over-simple to suppose that this is due to the fact that, having good memories, they
are well supplied with topics of conversation. The reverse connection would seem to
be involved. What is talked about is more firmly engraved upon the mind. Such men
when they read a book, immediately discuss it with a friend, thus unconsciously
employing the potent principle of active repetition.” Apart from this necessary
conversation, from the habit of working a full morning (which includes making use of
the spare time that you have between lectures), because this is the part of the day
when you are freshest. Do not do minor chores in the morning. As for the rest of the
day, you will wish to make your own choice between the afternoons and evenings for
work, but at wither time you will find that alcohol is inconsistent with study. In
conclusion, a few words on a comparatively humble matter, that of materials. The
use of bound lecture notebooks is not recommended, because they are cumbersome
and inelastic. If you use such notebooks and have three or four lecturers to attend in

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a morning, this means a considerable weight and bulk to be carried about. Also, if
you want to expand the lecturer’s remarks with notes of your own will, you will find it
difficult to do so within the confines of the notebook. On both counts, the loose-leaf
system is greatly preferable. The students who adopt this system need to take to
lectures only a single loose leaf notebook, the day’s work being transferred to larger
specialized files in the evening. Notes taken down in this form can be rearranged and
expanded at your pleasure.

THE STUDY OF HISTORY

Some students who have studied English history may be able to recollect the order
of the dates of the kings and queens of England. Such knowledge is useful in the
study not only of constitutional but of purely legal history, for regnal years are the
foundations of legal chronology. Those whose historical knowledge is shaky may
possibly be glad of the following mnemonic rhyme, which was once learned by
Victorian children. Even if you do not trouble learning it, you may find in the course of
your studies that you will need to date a piece of legislation, and on the basics that it
may come in useful for that purpose, I set it out with the corresponding regnal years
at the side:
First William the Norman 1066-1087
Then William his son; 1087-1100
Henry, Stephen and Henry, 1100-1135, 1135-1154, 1154-1189
Then Richard and John; 1189-1199, 1199-1216
Next Henry the third, 1216-1272
Edwards, one, two and three, 1272-1307, 1307-1327, 1327-1377
And again, after Richard 1377-1399
Three Henrys we see 1399-1413, 1413-1422, 1422-1461
Two Edwards, third Richard, 1461-1483, 1483, 1483-1485

If rightly I guess;

Two Henrys, sixth Edward, 1485-1509, 1509-1547, 1547-1553

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 Queen Mary, Queen Bess, 1553-1558, 1558-1603

Then Jamie the Scotsman, 1603-1625

Then Charles whom they slew, 1625-1649

Yet received after Cromwell [1649-1660]

Another Charles too. 16498 (1660)-1685

Next James the second

Ascended the throne; 1685-1688

Then Good William and

Mary 1689-1702

Together came on,

Till, Anne, Georges four, 1702-1714, 1714-1727, 1727-

1760,
1760-1820, 1820-1830
And fourth William all past, 1830-1837
God sent Queen Victoria: 1837-1901
May she long be the last!
Perhaps it is time to add the edifice: 1901-1910, 1910-1936,
Edward, George,then 1936, 1936-1952, 1952
Edward 8,George; now Bess is head of
state.
If the regnal years are not already known and the task of learning them all seems too
great, the student should at least notice the sovereigns whose regime commence at
or shortly after the turn of each century. Knowledge of this, combined with
knowledge of the order of the sovereigns, will place every sovereign in the proper
century. The sovereigns just referred to are:
Henry I 1100
Henry III 1216
Edward II 1307
Henry V 1413

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 Henry VIII 1509
James I 1603
Anne 1702
George IV 1820
Edward VII 1901

Not only regnal years, but dates in general are often a bugbear to students of history.
The intelligent way to remember dates is to memorize a few key ones, and then to
remember others by working backwards and forwards from these. By relating this in
the mind and noticing the difference in years, the one will become linked to the other,
and both can be recalled together. In time the same date can be related to several
others, so that all important dates become interlocked in the mind. This method of
memorizing helps to build up the sense of historical perspectives, which is the only
rational justification for remembering dates. A useful dictionary is J. Gardiner ed., The
Penguin Dictionary of British History (2000).

*******

ABOUT THE AUTHOR:

Glanville Williams studied at the University of Cambridge and the University of Wales,
then enrolled in the bar and became a member of Middle Temple in 1935. He was a
research fellow from 1936-1942 and completed his Ph.D in law at the St. John’s
University of Cambridge.

ACADEMIC CAREER:
He started as a reader specializing in English law, and went on to become a
professor in public law, and jurisprudence at the University of London, from 1945- 53,
from 1957-68, worked as a professor of law at the University of Cambridge. He also
served on many official committees, especially - The Criminal Law Revision
Committee, between 1959 and 1980.

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He wrote a number of books and is considered Britain‘s foremost scholar of criminal
law. Some of the books written by him include Text Book on Criminal Law, Criminal
Law: The General Part, Joint Obligations (1949), The Law Reports (1943). The book
Learning the Law, from which this essay is taken, was written in 1945. It was written
as a small introduction about law studies for the new entrants to legal education.
This book remains indispensable to any would-be law students.

LESSON ANALYSIS:
Glanville Williams starts the lesson with a quote which says that learning and
knowledge acquisition have to be won, and that is not a property to be acquired or
bequeathed. At the outset, he says that there are two categories of people studying
law – a law student and a lawyer. A student studies for two purposes- to pass
examinations and to qualify as a lawyer. Though both study law, a lawyer should
have a wide knowledge of general legal principles, while a student should remember
a good deal of information on the subject along with the sources, rules, and
authorities. Problem solving questions in the exam papers try to balance between
intelligence and memory. The author also agrees that a law student has to memorize
a lot. In this lesson the author discusses four methods of study from textbooks,
casebooks, case laws, listening to lectures and classes, and finally learning from
history. He has offered his suggestions on the best methods for studying.

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LEARNING FROM TEXTBOOKS:
The techniques suggested for reading from a textbook are to read a book or chapter
5-6 times, since with each reading the residue is more. Reading a book many times
helps understand the subject better. To retain what we read, distribution of learning,
like reading daily for 1 hour helps one to remember more points. He cautions /
advises against leaving long gaps between periods of learning. Aging of learning, i. e.,
having a less period after every learning session is also a good method to help
retention. Reading the lesson and recalling the points immediately enhances learning
and retention. Acts of reading and acts of recalling, if done alternately aid in
memorizing efficiently, while reading heavy foot notes can be left out. He is also not
in favor of writing whatever is read to remember more. He says that it does not help.

CASEBOOKS:
Learning from cases, though good, is very difficult. Glanville Williams suggests that
students must buy the latest case books for every law paper and study from them.
Some law teachers recommended reading the cases in full. But the student has to
divide his time between 5-6 subjects: attending classes, writing tests, doing projects,
reading in the library, and preparing for the exams. Moreover, for every question, he
has to cite many cases. Hence, due to lack of time, learning from the latest case
books is the best solution to face the exams.

LECTURES AND CLASSES:

In the age where cost-effective printed material is available, the author raises a
question on the need for continuing the system of lecture. Defending lectures
Glanville Williams says that there are certain merits, like increasing student interest,
giving the students the main points and leaving out the unimportant ones, dwell at
length on difficult areas, bring textbooks up- to date, clarify doubts and can be readily
understood than text. Regarding listening in classes, the author is of the opinion that
taking down the points on a loose sheet of paper for every subject and filing them
after writing in full, helps to build up material. At times, concentrating on the lecture,
without jotting down the points is also recommended. While jotting points, it is better

16
to use abbreviations. Discussion classes are more valuable than an average lecture.
Students must make active participation in discussion classes; the more the
interaction, the better the understanding of the subject. Discussing with peers about
the class makes one remember well.

THE STUDY OF HISTORY:

Knowledge of history is important for legal history, legal chronology, and
constitutional law. Hence a law student needs to memorize historical facts also.

CONCLUSION:
To conclude, the author gives variable suggestions and useful tips are learning from
textbooks like aging of learning, distribution of learning, reading and recall, reading
from latest casebooks, importance of lectures, active listening, jotting down points,
and learning history. These methods of study, if followed by law students, would help
them retain a large volume of what they read and understand the subject better.

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 2. DIVISIONS OF LAW
-By Glanville Williams

FULL TEXT OF THE LESSON

But in these nice sharp quillets
of the law, Good faith, I am no
wiser than a daw.
-Shakespeare, King Henry the Sixth, Pan 1. II, iv.
This little book aims to help those who have decided to study law-whether in a
University or Polytechnic or Technical College or as a professional qualification. From
time to time I have been told of some who have read the book before making the
decision, and have been sufficiently attracted by the taste it has given them of legal
studies to make up their minds to continue. I did not, however, intend to proselytize
when I wrote. As you will see if you look at Chapter 13, there are quite enough people
trying to enter the legal profession without adding to the number. If you are uncertain
about your career there may be strong personal and social reasons why you should
take on something else: entering the world of commerce or industry, or becoming a
technologist or research scientist. In the foreseeable future there is likely to be a much
greater shortage of IT professionals, electronic specialists, good business managers
(not overlooking areas such as banking and management consultancy) and people
who combine linguistic skills with other abilities than there will be of lawyers. I assume,

18
however, that you have decided to study the law or if you are giving the possibility
serious thought. On the question whether you should study law as opposed to some
other discipline throughout your time at university, with a view to qualifying to practice
law, later (assuming, that is, that you have decided that you wish to practice law later),
it is difficult to be seen to offer objective advice. The former course offers a quicker
and cheaper route to employment, and the opportunity to assess for yourself at an
early stage whether the law is a discipline to which you wish to subject yourself. But
there are some legal practitioners (who may themselves have studied something other
than law at university) who would claim that too early a specialization in the law can
narrow rather than broaden the mind by depriving the student of the opportunity to be
exposed to other disciplines. That is not a view that I share. On the contrary, I would
wish to argue that the longer course offers a chance to acquire both a necessary legal
framework and a deeper understanding of the law. Even if you have only narrowed your
immediate options to obtaining higher education in one of the humanities, I would
certainly wish to bring to your notice the attraction of law as compared with the
traditional arts subjects. Law is the cement of society, and an essential medium of
change. Studying at a university enables you to explore how and why this is so. A
common misunderstanding is that the study involves little more than the rote learning
of legal rules. Closer acquaintance will show that it is more complex and challenging
than that. Far better to think of the law as forming an integral part of a constantly
evolving social landscape. Knowledge of law increases one's understanding of public
affairs, as well as some understanding of social values. At a more practical level, its
study promotes accuracy of expression, facility in argument and skill in interpreting the
written word. It is of wider vocational relevance than most Arts subjects. Its practice
does, of course, however also call for much routine, careful. unexciting work, and it is
for you to decide whether you think you are temperamentally suited to that. In this
book I offer an introduction to English law and its study at university or college. A word
or two about the term English law. The use of “England” is taken generally to include
both England and Wales. Without at this stage wishing to trouble you with the
constitutional niceties, you should know that the Scottish legal system is in detail very
different from the English. When England, Wales and Scotland are intended to be

19
referred to as a single entity, the correct term is “Great Britain”, and when Northern
Ireland is added, it becomes the United Kingdom. The reason why the law emanating
from these islands is worthy of study is that it is the home of common law; the place
where a family of law was born, quite different from the civil law that underlies much
German, Italian and French law, very different from Islamic law. The system of law that
was historically developed in the courts of Westminster spread with the development
of the British Empire throughout much of the western world-to the United States of
America to the Commonwealth countries of Canada, Australia and New Zealand, to the
African continent and to parts of the far east India, Singapore, Malaysia and many
more besides. Ideally, perhaps, a university would offer in addition the chance to study
at least some of the elements of these other legal systems of comparative law. But
that is to ask a great deal of the already crowded curriculum and the ideal is achieved
only rarely.
CRIMES AND CIVIL WRONGS
One of the non-lawyer's inveterate errors is to suppose that the lawyer is largely even
exclusively-concerned with criminal law. In fact, the law is divided into two great
branches, the criminal and the civil, and of these much the greater is the civil. An old
chestnut that the reader beginning legal studies is likely to hear recounted (so why not
by me?) concerns the visitor who was being given a glimpse of the Court of Chancery.
He peered round and asked where the prisoner was.The distinction between a crime
and a civil wrong, though capable of giving rise to some difficult legal problems, is in
essence quite simple. The first thing to understand is that the distinction does not
reside in the nature of the wrongful act itself. This can be proved quite simply by
pointing out that the same act may be both a crime and a civil wrong. If I entrust my
bag to a person working in the left-luggage office at a railway station and that person
then runs off with it, he or she commits the crime of theft and also two civil wrongs-
the tort of interference with goods and a breach of contract with me to keep the bag
safe. The result is that two sorts of legal proceedings can be taken; a prosecution for
the crime, and a civil action for the tort and for the breach of contract. (The claimant in
the latter action will not get damages twice over merely because there are two causes
of action; there will be only one set of damages.) To take another illustration. If a

20
railway signaler, in the words of the poet "to dumb forgetfulness a prey", fails to press
the button at the right moment so that a fatal accident occurs. This carelessness may
be regarded as sufficiently gross to amount to the crime of manslaughter. It is also the
tort of negligence towards the victims of the accident and their dependents, and a
breach of contract with the employer to take due care whilst at work. It will be noticed
that, this time, the right of action in tort and the right of action in contract are vested
in different parties.These examples show that the distinction between a crime and civil
wrong cannot be stated as depending upon what is done, because what is done (or not
done) is the same in each case. The true distinction resides, therefore, not in the
nature of the wrongful act but in the legal consequences that may follow it. If the
wrongful act (or omission) is capable of being followed by what are called criminal
proceedings, that means that it is regarded as a crime (otherwise called an offense). If
it is capable of being followed by civil proceedings,that means it is regarded as a civil
wrong. If it is capable of being followed by both, it is both a crime and a civil wrong.
THE COURTS
Civil and criminal courts in England and Wales are largely but not entirely distinct.
Magistrates are chiefly concerned with criminal cases, but they have important civil
jurisdiction over licensing and family matters. The Crown Court has almost exclusively
criminal jurisdiction. On the other hand, the jurisdiction of the country court vs only
civil, and so is the High Court apart from appeals.Over most of the country,
magistrates are lay justices of the peace sitting with a clerk. The clerk to the justices,
whose function is to advise on matters of law, legally qualified. But he or she is often
occupied with administration, and is in practice supported by assistant clerks who may
be legally unqualified. In the large cities magistrates' courts are now presided over by
full-time district judges (magistrates' court) who are legally qualified, and who until
recently were known as stipendiary magistrate, or colloquially as "stripes". Since the
Access to Justice Act 1999 requires that professional, full-time magistrates are to be
known as District Judges (Magistrates' Court), the expressions “justices of this peace”
and "magistrates" have effectively become synonymous.

Courts with Civil Jurisdiction

21
Before looking more closely at the court by which civil cases are tried, the general point
might be made that justice in this country is conducted in public. With a few
expectations (particularly relating to the welfare of young people and matters of
family law), all courts are open to public view. An intending student should take the
opportunity to visit one court of each level operating in the locality to see the process
of justice in operation. Neglecting magistrates' courts, the English system of civil
judicature about to be explained may be represented thus: The courts with original civil
jurisdiction are chiefly the High Court and county courts. The High Cow1 is divided into
three Divisions: the Queen’s Bench Division (commonly referred to as the Divisional
court),the Chancery Division, and the Family Division. The first administers primarily
the common law, the second primarily equity. More will be said about this particular
distinction later in the chapter. The Family Division was created by an Administration
of Justice Act of 1970 in place of the previous Probate. Divorce and Admiralty Division-
a curious miscellany of jurisdictions (over "wills, wives and wrecks" was the jocular
reference) which were lumped together for no better reason than they were all
founded (to some extent) on Roman and canon law. In 1970, Wills went to the
Chancery Division and wrecked to the Queen's Bench Division. For administrative
purposes, the head of the Divisional Court is the Lord Chief Justice of England,
assisted by a President of the Queen's Bench Division. The Chancellor of the High
Court presides in practice over the Chancery Division (technically, the Lord High
Chancellor is the head of Chancery) and the most senior judge of the Family Division is
known as the President. A civil trial in the High Court is held before a judge, sometimes
called a puisne (pronounced "puny") judge, generally sitting without a jury. The judge
may sit in London or one of the other major legal centers. In practice, the sheer volume
of work is such that High Court cases are often taken by deputy High Court judges. By
contrast, certain applications to the High Court were made to the Queen's Bench
Division consisting of a Lord Justice and a judge of the High Court.

Court of Appeal (Civil Division)

There is almost always the possibility of an appeal from (i.e. against) the decision of a
court of trial, providing permission is given by the trial judge or by the Court of Appeal

22
itself. The party who appeals is the appellant, the other is the respondent. For the High
Court the appropriate appellate court is the Court of Appeal (Civil Division). This may
be presided over by one of the following: the Master of the Rolls, the Lords Chief
Justices, one of the Heads of Divisions of the Court of Appeal or a Lord Justice of
Appeal- there are currently nearly 40 members of the Court of Appeal who are Lords
(or Lady) Justices. The Court of Appeal generally sits with three members but
sometimes with two (depending on the importance of the case), and there will be
several such courts in action at the same time.

Country courts
Going down the ladder again, the less important civil cases are tried in the county
courts, with appeals to the High Court if permission is given. If the High Court or
county court judge when granting permission, considers the matter to be of sufficient
general importance, the case may be referred directly to the Court of Appeal.

Magistrates' courts
Magistrates also have some civil jurisdiction, chiefly in matrimonial matters,
guardianship, adoption, and child support cases. There are approximately 350
magistrates' courts (numbers have been declining rapidly in recent years as the court
system is "rationalized"), staffed by over 30,000 lay magistrates and approximately 100
district judges (magistrates' courts). Appeals from magistrates' courts (by means of
what is called a "case stated") go to a Divisional Court- which in family matters will be
composed of judges of the Family Division. Together the Crown Court, High Court and
Court of Appeal (but for reasons to be explained, not the House of Lords) make up the
Supreme Court of Judicature. The present High Court, and the Court of Appeal on its
civil side (but not yet criminal) were set up by the Judicature Act 1873.

Appeals to the Supreme Court

Parliament enacted a Constitutional Reform Act 2005 which, when it came into
operation in 2009 created for the United Kingdom a new Supreme Court to replace the
Judicial Committee of the House of Lords. The driving force behind the reform was the

23
idea that it is not constitutionally appropriate for the most senior judges to be
simultaneously members of the legislature. The existing members of the Judicial
Committee of the House became Justices of the Supreme Court but, since they retain
their Peerages, are still referred to by the former titles. As and when further members
are appointed, they will be the President, and that office is senior judicial office in the
country. Now the position is as follows: When an appeal is taken to the Court of Appeal
(either from the High Court or from Divisional Court), a further appeal lies (with
permission) to the Supreme Court. Why two appeals should be allowed can be
explained only by reference to history, "The institution of one court of appeal may be
considered a reasonable precaution: but two suggest panic", said A.P. Herbert. It is a
panic that pays little regard to the resources of the parties to the proceedings who
must bear the costs. The Judicature Act 1873, which was passed by a Liberal
Government, would have abolished the appellate jurisdiction of the House of Lords; but
the Conservatives took office before it came into force, and repealed this provision
fearing that the abolition of the Lords as a judicial body might be the thin end of the
wedge leading ultimately to their abolition as a legislative body. Such fears have
nothing to do with the question whether a double appeal is justifiable. From time to
time there have been suggestions that we should dispense with our top-heavy system.
Despite its undoubted expense, however, the balance of opinion is clearly in favor of a
further appeal, for a number of reasons. The sheer volume of work undertaken by the
Court of Appeal (particularly the Criminal Division) is such that it does not have the
opportunity for detached reflection that should characterize the work of a final court.
Both Divisions of the Court of Appeal (i.e. civil and criminal) operate in several courts
simultaneously, giving rise to the possibility (admittedly rare) that the courts will
decide the same point in different directions. Should that happen, it is open to a
later Court of Appeal to choose between the two, but the decision of a higher court is
more definitive. In those circumstances, with the consent of the parties and on
certificate from the judge, a civil case may go on appeal direct from High Court to
Supreme Court under the "leap-frogging" procedure introduced by the Administration
of Justice Act 1969. This can happen if the case turns on the ..:construction of
legislation, or is governed by a previous decision of the Court of Appeal, House of

24
Lords or Supreme Court which one of the parties wishes the Supreme Court overturn. It
will have been understood from what has gone before that "the House of Lords" was
an ambiguous expression. It referred (1) to all the peers who choose to sit as the
Upper House of the legislature (Parliament), which continues to be the case, and also
(2) to a court consisting of the highest level of the judiciary. The House of Lords no
longer performs the latter function. Originally the House of Lords was a single body,
but a convention (understanding) developed that only peers with senior judicial
experience should decide appeals. This was finally established in 1844. Because they
were regarded as being a part of Parliament, the House of Lords was not part of the
Supreme Court of Judicature. The "Law Lords" (the "Lords of Appeal in Ordinary" and
peers who held or had high judicial office such as former Lords Chancellor), as the
Judicial Committee of the House of Lords, exercised its judicial function. The Lords of
Appeal in Ordinary (like Lord Mance and Lord Simon Brown) were (and still are)
salaried life peers appointed by the Crown. Generally, this was by way of promotion
from the Court of Appeal, but it was not unknown for a member of the Bar to be
appointed directly to the House. Members of the Court of Appeal are appointed by
promotion from the High Court. Even after the Supreme Court had been created, those
remaining members of the old body as Law lords are truly peers and can take part in
debates and vote in the House, though by custom the Lords of Appeal in Ordinary do
so only on legal matters. The "Lords Justices" of the Court of Appeal, by contrast, are
not peers and cannot sit in parliament. We refer, for example, to "Lord Justice Sedky",
not "Lord Sedley". Although, when exercising its appellate jurisdiction, the House of
Lords consisted exclusively of the Law Lords, it nevertheless sat in the same building
as the House of Lords when meeting as a limb of the legislature; these sittings were in
a committee room rather than on the floor of the House itself. This changed when the
House became the Supreme Court, but one reason for the delay in implementing the
Constitution Act 2005 has been the entirely practical need to find new accommodation
for the new Supreme Court sat for the first time in the new court which is in the former
Middlesex Guildhall on Parliament Square.

Courts with Criminal Jurisdiction

25
The classification of offenses
Next, the trial of criminal cases in England. Crimes are divided into indictable, summary
and offenses triable either way. Indictable offenses are the most serious sort of
crimes triable by judge and jury in the Crown Court. Summary offenses are tried by
magistrates in a magistrates' court. Many crimes, though capable of being tried on
indictment, can be tried in magistrates' courts if certain conditions are satisfied; these
are the intermediate category of offenses "triable either way", so called because they
might be tried in either the Crown Court or the magistrates' court.

Crown Court
Created by the Courts Act 1971, the Crown Court is now our main criminal court.
Theoretically a single court, it is (like the High Court and Court of Appeal) in fact
manifold, sitting in about 70 centers throughout the country. A criminal trial in the
Crown Court is always by jury, the exception being where the court is hearing an appeal
from magistrates by way of rehearing, in which case the judge will be assisted by two
lay magistrates. The court is normally presided over by a circuit judge or recorder, who
controls the trial and directs the jury; but it may also be constituted with a High Court
Judge. Notwithstanding their name, circuit judges do not travel a circuit; they are
located in one of the six circuits into which the county is divided. High Court judges are
generally presumed to be more able or more experienced than circuit judges; and the
theory is that they therefore try the more serious and difficult cases. But the time of
the High Court judge is precious, so having tried any case requiring that level of
expertise, the more senior judge will leave lesser cases to be tried by a circuit judge.
The old name "recorder" is preserved for part-time judges who are given the same
jurisdiction as circuit judges; they continue other occupations such as practice at the
Bar or as solicitors, whereas circuit judges are full time. The Crown Court sitting in the
City of London (off Ludgate Hill) is still known officially as the Central Criminal Court
and colloquially (never in court) as the Old Bailey (or, more frequently, the Bailey). Two
of its judges (of senior circuit judge rank) are called the Recorder and the Common
Serjeant of London. Some of the centers in which the Crown Court sits are served only
by circuit judges, some are visited from time to time by High Court judges.

26
Court of Appeal (Criminal Division)
Appeal from the Crown Court in criminal cases lies (with leave) to the Court of Appeal
(Criminal Division). Created in 1966, superseding the Court of Criminal Appeal, which in
turn had superseded the Court for Crown Cases Reserved in 1907. The Court of Appeal
(Criminal Division) sits in practice in several separate courts. One is often presided
over by the Lord Chief Justice, others by a Lord Justice of Appeal, the remaining
members of the court being either two High Court judges or one such judge and a
circuit judge. Where the appeal is against sentence only (and not conviction), it is not
uncommon for the only two judges to sit. This court and the Divisional Court normally
sit in London, but they very occasionally sit in religious centers. So far as the
conviction is concerned, the appeal may be on law or fact, but only the defendant can
appeal-not the Crown. On sentence. The Attorney General can appeal against those
considered to be unduly lenient. Where an appeal against conviction either completely,
or substituting a conviction of some other offense of which the jury could have
convicted. From the Court of Appeal a further appeal lies in important cases (with
leave) to the Supreme Court. At this stage the appeal is open even to the prosecutor. In
summary cases. the defendant may appeal to the Crown Court, which rehears the
whole case; there is no jury, but at least two magistrates sit with the judge or recorder.
Or a case may be stated on a point of law for the decision of a Divisional Court of the
Queen's Bench Division; and a further appeal may be taken from the Divisional Comt
(subject to restrictions) to the Supreme Court. Reverting to the earlier discussion about
the wisdom of a further appeal, it might be said that, in criminal cases at least, the
principle of a second (qualified) right of appeal is justifiable, if only because the
volume of work confronting the Criminal Division of the Court of Appeal is such that
the court only rarely has sufficient time to consider and deliver a reserved judgment,
and the pressures of time are such that it may be doubted whether that court should
be burdened with the role of being the final appeal court.The scheme of criminal courts
can be represented diagrammatically as follows:

The terminology of criminal procedure

27
The term "indictment" itself needs explanation. Originally an indictment (pronounced
"inditement") was a true bill found by a grand jury, i.e. a jury for presenting
suspected offenders. The trial upon it at assizes or quarter sessions was by a petty
jury. Nowadays the grand jury is abolished, but we still retain the word "indictment" for
the document commencing criminal proceedings that are to be tried by jury. The
present-day indictment may be defined as a document put before the Crown Court by
anyone, and signed by the clerk of the court. It may charge different offenses in
separate counts. Prepositions have come to be used rather sloppily in criminal matter-;.
In good usage, one is charged, tried, acquitted, convicted, or sentenced on (or upon)
an indictment or count or charge. One is indicted on a charge of theft (or some
other offense) or on two counts of theft. One is indicted or tried for theft, and the
indictment/count/information/charge is for theft. (Information is a document making a
criminal charge before magistrates.) We also speak of a count or charge of theft. One
is charged (verb) with theft. One pleads guilty (or not guilty) to a count or charge or
indictment of theft, or to theft. One is acquitted or convicted (or found guilty) of theft.
Formerly there will have been a preliminary investigation (known as committal
proceedings) of a charge before magistrates: only if the magistrates concluded that
there was sufficient evidence to put the accused on trial by jury would they have
committed the defendant for trial. But the value of such proceedings has
long been doubted and. increasingly, the commitment has become an exercise
conducted on paper rather than in person. In an increasing number of situations,
provision is made for the case to be transferred directly to the crown court without
preliminary consideration of the evidence by the magistrates.

Other Courts
European Court of Justice
The Supreme Court is no longer the highest court in the United Kingdom, because the
European Court of Justice (sitting in Luxembourg) adjudicates upon European Union
law. and its decisions can be binding on British courts by reason of the European
Communities Act 1972. The impact of Community law grows continually; it is to be
seen in company law, trademarks and other "industrial property," the law of monopolies,

28
employment law, social security, customs, and many other areas. An English court can
ask the European Court for a ruling on any doubtful question of Community law.

European Court of Human Rights

Any person who claims to be aggrieved by a violation of the provisions of the
European Convention on Human Rights. And those who are satisfied with the
determinations of the domestic courts, can still complain to the European Court of
Human Rights at Strasbourg. If the decision is in favor of the Applicant, the
Government is under an obligation in international law to take steps to amend our law
or practice accordingly. The Human Rights Act 1998 (which incorporated the
Convention into United Kingdom law and which is discussed in Chapter 3) should
reduce considerably the number of occasions upon which resort to this court should
be necessary, since the British court should have taken the European jurisprudence
into account in the course of arriving at its own decision.

Judicial Committee of Privy Council

The Judicial Committee of the Privy Council is the final court of appeal from what
remains of the old colonial Empire (with remnants also of its appellate jurisdiction
from the self-governing members of the Commonwealth). Its composition is much the
same as that of the Supreme Court when exercising appellate jurisdiction, though
certain Commonwealth judges (and members of the Court of Appeal, since they are
Privy Councillors) may sit in addition. Until the establishment of the Supreme Court, it
had jurisdiction to deal with devolution arrangements but these have been transferred
to the new Court. It used to meet in a room in Downing Street, but now there is a
separate room set aside for the purpose in the same building as is occupied by the
Supreme Court on Parliament Square. In either case, since justice in Britain is normally
administered in public, you can (having navigated the security arrangements at the
entrance) walk in boldly and listen to its proceedings.

Other courts and tribunals

There are many courts and tribunals of special jurisdiction, chief among which are the

29
employment tribunals administering various legislation relating to employment. Appeals
lie to the Employment Appeal Tribunal, with possible further appeals to the Court of
Appeal and Supreme Court. Other tribunals include the Tax Chamber. the Social
Entitlement Chamber and the Lands Chamber (which deals with such matters as rating
appeals and land compensation). Again, an appeal for a decision of one of these bodies
may lie to the Court of Appeal and Supreme Court. The tribunal system has developed
historically in a rather piecemeal and haphazard way. and is in the process of
substantial reform following the enactment of the Tribunals, Court and Enforcement Act
2007.

ELEMENTARY LEGAL TERMINOLOGY

I am about to consider some elementary matters of English legal terminology, because
it is important that the student should become familiar with legal language at an early
stage. A preliminary word of explanation. Many lawyers think that the language of the
law is opaque and difficult for the layperson to understand. Efforts have been made to
alter this by changing the terminology, particularly in the course of the April 1999
reform of the system of civil procedure. This has the drawback for those coming new
to the law that they need to be familiar with both the new language and the old, since
they will find that their study will be couched in the language of yesteryear. The
beginner may be pleased to know that the language of the criminal law has not been
subjected to the same sorts of changes.

Civil Terminology
Turning to civil proceedings, the terminology generally is that a claimant (known as a
plaintiff prior to April 1999) sues (i.e. brings an action against) a defendant. The
proceedings if successful (with the defendant being found liable) result in judgment for
the claimant, and the judgment may order the defendant to pay the claimant damages
(money), to transfer property, to do or not to do something (an injunction), or to fulfill
obligations under a contract (specific performance). In proceedings against the
government or certain public authorities. known as applications for judicial review·,
whether by means of a mandatory, prohibiting or quashing order, or otherwise, the

30
parties are also called claimant and defendant respectively. In matrimonial cases in
the Family Division the parties are called petitioner and respondent, the relief sought
concerns dissolution of marriage and the proceedings result in a decree of divorce.

Criminal Terminology
In English criminal proceedings the terminology is as follows. You have a prosecutor
prosecuting a defendant, the result of the prosecution if successful is a conviction,
and the defendant who is found guilty may be punished by one of a variety of
punishments or sentences ranging from a fine to life imprisonment, including released
on probation and other alternatives to custody. or may be discharged without
punishment. The terminology of one type of proceedings should never be transferred
to the other. "Criminal action," for example, is a misnomer; so is "civil offense" (the
proper expression is "civil wrong"). One does not speak of a claimant prosecuting or of
the criminal defendant being sued. The common announcement "Trespassers will be
prosecuted" has been called a "wooden lie," for trespass has traditionally been a civil
wrong, not (generally) a crime.

CLASSIFICATION OF CIVIL WRONGS

The more important types of civil wrong may be briefly mentioned. One is the breach of
contract. This is easy to understand, and aLl that the student needs to know at the
outset of his studies is that a contract need not be in a formal document or indeed in
any document at all. You make a contract every time you buy a newspaper or a bus
ticket. Another civil wrong is a tort. This word conveys little meaning to many outside
the legal profession, and its exact definition is a matter of great difficulty level for the
lawyer. However, the general idea of it will become clear enough if one says that torts
include such wrongs as negligence and nuisance, defamation of character, assault,
battery, false imprisonment, trespass to land and interference with goods. It is a civil
wrong independent of contract: that is to say, it gives rise to an action for damages
irrespective of an agreement not to do the act complained of: Etymologically the word
comes to us from the law-French tort. Signifying any wrong, and itself derived from the
Latin tortuous, meaning "twisted" or "wrung", the latter having the same in origin as

31
"wrong." Nowadays. however. a tort is not any wrong but only a particular kind of
wrong that the recognizes as such of which examples were given above. The adjective
from tort is "tortious": thus one speaks of a tortious act. A third civil wrong is a breach
of trust. A "trust" is not a mere obligation of honor, as the word may seem to suggest,
but an obligation enforced by the courts. It occurs where a person, technically a settler
transfers property (such as land or shares) to another, called a trustee, on trust for yet
another, called a beneficiary. Where the trust is created by will the settlor is also called
a testator (the name for anyone who makes a will); and an alternative name for the
beneficiary is cestui que trust, an elliptical phrase meaning "the person [for] whose
[benefit the] trust [was created]." In this phrase cestui is pronounced "settee" (with the
accent on the first syllable), que is pronounced "kee," and trust as in English.
Grammatically the plural should be cestuis que trust (pronounced like the singular); but
by an understandable mistake it is sometimes written cestuis que trustent, as if trust
were a verb. The beginner will perceive by this time that several law-French words
survive in our law from the time when French was the language of the legal class. In
the case of a charitable trust there need be no definite beneficiary but the property is
held on trust for the public as a whole or for some section of it. Thus the heritage
organization "National Trust" preserves beautiful places for the public enjoyment, and
there are many trusts for educational and religious purposes. The only other type of
civil obligation (it is not thought of as a wrong) that the beginner need hear about is the
restitutionary obligation. Suppose that I pay you £5, mistakenly thinking that I owe it to
you: I can generally recover it back in the law of restitution. You have not agreed to pay
it back and so are not liable to me in contract; but in justice you ought to pay it back.
There are various other heads of unjust enrichment besides the particular example just
given, such as the obligation to repay money paid on a consideration that has totally
failed.

PUBLIC AND PRIVATE LAW

Another distinction that needs to be considered is that between public and private law.
Until relatively recently, it was widely believed (or at any rate conventionally asserted)
that the United Kingdom knew no- system of public law regulating the citizen and the

32
state separate from ordinary private law that governs the relationships between
citizen and citizen. Professor A.V. Dicey in his Introduction to the Study of the
Constitution (1885) had insisted that it was a feature of the rule of law itself that it
was undesirable to seek to control the state other than through the ordinary law of the
land, as developed for private citizens. The development in the course of the twentieth
century of the doctrines of judicial review of administrative action made this
perspective quite unrealistic by the beginning of the twenty-first century. "Judicial
review" refers to a body of doctrine and legal rules whereby the courts have ensured
that government ministers and other public authorities act within the bounds of the
legal powers conferred upon them by Parliament, and that they do so in accordance
with appropriate procedural practices. The result is that there is undoubtedly a
distinctive body of public law, frequently studied as such in universities, sometimes
called by a name such as "constitutional and administrative law". The distinction
between public and private law is not hard and fast; the diving line can sometimes
be a crucial one. The public law remedies of judicial review are not available against a
purely private body, for example and different procedures are adopted for
proceeding against a public as opposed to a private concern. For a time, this
dichotomy threatened to return the legal system to the abysmal wrangling
portrayed in Charles Dickens' novel Bleak House. The position was rectified by the
House of Lords after a decade of confusion; now the applicant will lose only if the
chosen course (chosen let it be said by the legal advisers, since the client will rarely
have expertise in these matters) is manifestly wrong. Similarly, the notion that the
validity of a byelaw could be challenged only by bringing separate proceedings for
judicial review and not by way of (for example) a defense in a criminal trial was
eradicated by the House of Lords before it could gain too entrenched a foothold.

COMMON LAW AND EQUITY

Two technical terms of great importance that are likely to puzzle the novice are
"common law" and "equity". The law of England may be said to be composed of three
great elements: legislation, common law and equity. To this must be added the
directly applicable law emanating from Europe, which will be explained in Chapter 3.

33
Legislation
The most important kind of legislation is the Act of Parliament (otherwise called a
statute), through which the government of the day carries into effect its principal
policies. This is known as primary legislation. What is called delegated legislation, like
the many government orders generally known as statutory instruments. has come to
be of great importance as well. Upwards of 3,800 such instruments are promulgated
every year, adding detail to the legislative framework created by the Act of parliament.
A non-lawyer (or layman) is not likely to experience difficulty in understanding what
constitutes primary legislation. Not so, however, with common law and equity,
which need fuller discussion.

Common law
The phrase "the common law" seems a little bewildering at first, because it is
always used to point a contrast and its precise meaning depends upon the
contrast that is being pointed. An analogy may perhaps make this clearer. Take
the word “layman". In the preceding paragraph the word was used to mean a person
who is not a lawyer. But when we speak of ecclesiastics and laymen, we mean by
"laymen" non- ecclesiastics. When we speak of doctors and laymen, we mean
"laymen" non- doctors. "Laymen '' in short are people who do not belong to the
particular profession of which we are speaking. It is somewhat similar to the
common law. Originally this meant, the law that was not local law., that is the law
that was common to the whole of England. This use may occasionally be encountered,
but it is no longer the usual meaning. More usually the phrase will signify the law that
is not the result of legislation, that is, the law created by the decisions of the judges.
The decisions of the courts which create and lay down the law are called precedents.
A third use to which the phrase may be put is to denote the law that is not equally
(i.e. that developed by the old Court of Chancery). In this sense it may even
include statutory modification of the common law, though in the previous sense it
does not. Finally, it may mean the law that is not foreign law: in other words, the law in
England, or of other countries (such as America) that have adopted English law as a

34
starting- point. [In this sense it is contrasted with (say) Roman, Islamic or French law,
and here it includes the whole of English law; even local customs, legislation and equity.
It will thus be seen that the precise shade of meaning in which this chameleon
phrase is used depends upon the particular context, and upon the contrast that is
being made. In contrasting common law with legislation and equity I am making
particular reference to the distinctions set out in the second and third senses of the
phrase.

Equity
The term equity is an illustration of the proposition that some words have a legal
meaning very unlike their ordinary one. In ordinary language "equity” means natural
justice; but the beginner must get that idea out of mind when dealing with the
system that lawyers call equity. Originally, indeed, this system was inspired by ideas of
natural justices, and that is why it was acquired to name; but nowadays equity is no
more (and no less) natural justice than the common law, and it is in fact nothing other
than a particular branch of the law of England. Equity, therefore, is law. Students
should not allow themselves to be confused by the lawyer's habit of contrasting "law''
and 'equity", for in this context "law" is simply an abbreviation for the common law.
Equity is law in the sense that it is part of the law of England; it is not law only in the
sense that it is not part of the common law. The process whereby equity came into
being may be briefly described as follows. In the Middle Ages, the courts of common
law failed to give an address in certain types of case where redress was needed.
Disappointed litigants petitioned the King, who was the "fountain of justice", for
extraordinary relief and the King, through the Chancellor, eventually set up a special
court, the Court of Chancery, to deal with these petitions. Eventually the rules applied
by the Court of Chancery hardened into law and became a regular part of the law and
the land. The most important branch of equity is the law of trusts. but equitable
remedies such as specific performance and injunction are much used. The student will
learn how, in case of conflict or variance between the rules of common law and the
rules of equity, equity came to prevail. This was by means of what was called a
common injunction. Suppose that A brought an action against B in one of the non-

35
Chancery courts and in the view of the Court of Chancery, the action was inequitable.
B's proper course was to apply to the Court of Chancery for an order, called a
common injunction, directed to A and ordering him not to continue the action. If A
defied the injunction the Court of Chancery would put him in prison for contempt of
court. Equity thus worked "behind the scenes" of the common law action; the common
law principles were theoretically left intact, but by means of this intricate mechanism
they were superseded by equitable rules in all cases of conflict or variance. The result
justified the sarcasm of the critic who said that in England one court was set up to do
injustice and another to stop it. This system went on until 1875, when as a result of
Judicature Act 1873 the old courts of common law and the Court Of Chancery were
abolished. In their place was established a single Supreme Court of Judicature, each
branch of which had full power to administer both law and equity. Also, common
injunctions were abolished and instead it was enacted that, in cases of conflict or
variance between the rule of equity and the rules of common law, the rules of equity
should prevail.

Common law as made by judges

When the term "common law" is used in contrast to statutory law. it may mean either
of two things, though they are closely related. It generally means the body of law
produced by decided cases without the aid of legislation. Occasionally, however, the
invocation of common law refers not to previously existing law but to the power of
judges to create new law under the guise of interpreting it. Nearly all the common law
in the first sense is created by the common law in the second sense, that is to say by
the judges in the exercise of their discretion. How much discretion a judge has to
expand the law is a complex question.

*******

ABOUT THE AUTHOR:

Glanville Williams studied in the University of Cambridge and the University of Wales,
then enrolled in the bar and became a member of Middle Temple in 1935. He was a

36
research fellow from 1936-1942 and completed his Ph.D in law at the St.John's
University of Cambridge.

ACADEMIC CAREER:
He started as a reader specializing in English law, and went on to become a professor
in public law, and jurisprudence at the university of London, from 1945-53, from 1957-
68 worked as a professor of law in the University of Cambridge. He also served in
many official committees especially - The Criminal Law Revision Committee between
1959 and 1980. He wrote a number of books and is considered as Britain's foremost
scholar of criminal law. Some of the books written by him are Text Book on Criminal
Law, Criminal Law: The General Part, Joint Obligations (1949).

Law Reports (I 943)

The book Learning the Law, from which this essay is taken, was written in 1945. It was
written as a small introduction about law studies for the new entrants to legal
education. This book remains indispensable to any would-be law students.

LESSON ANALYSIS
Glanville Williams' Learning the Law has fourteen chapters, dedicated to and published
with the noble intention of enlightening the new entrants to the study of law. The
Divisions of Law is the first essay in this book. He starts the essay by quoting
Shakespeare's words, which talks about a lawyer's sharp thinking. The author points
out that law is the cement of society and also an essential medium of change. An
understanding and knowledge of law helps one to understand public affairs. It is a
study that promotes accuracy of expression, facility in argument and skill in
understanding social values and is of relevance to society.
DISTINCTION BETWEEN CRIME AND CIVIL WRONG
The distinction between crime and a civil wrong is simple and it does not lie in the
nature of the wrongful act itself. In many cases, the same act may be both a civil
wrong as well as a crime. For example if a cloak room employee runs away with a bag
entrusted to him. He commits the crime of theft and two civil wrongs namely the tort

37
of conversion and breach of contract. As a result two sort of legal proceedings can be
taken against him, a prosecution for the crime and a civil action for the tort and breach
of contract. It reveals that the true distinction between a crime and a civil wrong
resides not in the nature of the wrongful act, but in the legal consequences that may
follow it. In criminal proceedings there is a prosecutor prosecuting a defendant and
the result of the prosecution, if successful, is the conviction and the accused may be
punished by one of a variety of punishments ranging from fine to death. In civil
proceedings the person instituting a suit is called plaintiff and the opposite party is the
defendant. The proceedings, if successful, will result in judgment for the plaintiff by
way of order for payment of compensation, specific performance, declaration of title,
recovery of possession, injunction etc.

CLASSIFICATIONS OF CIVIL WRONG

Breach of contract, tort and breach of trust are three broad categories of civil wrong.
Breach of contract implies failure on the part of one of the parties to perform his part
of legal obligations arising out of the contract. In this context it is important to note
that a contract need not be in a formal document. It can be oral also. Every time a
transaction is made a contract is entered. Tort is a civil wrong independent of contract.
It gives rise to an action for damages irrespective of any agreement not to do the act
complained of. It includes such wrongs as assault, battery, false imprisonment,
trespass. conversion, defamation, negligence and nuisance. A trust is an obligation
enforced by courts. A trustee who fails to fulfill his obligation is liable for the breach of
trust. In the case of the private trusts the beneficiaries may be determinate whereas
the beneficiaries under the public trust are indeterminate. For example, in case of a
charitable trust there need not be any definite beneficiary but the property is held on
trust for the public as a whole or for some section of it. Apart from these three classes
of civil wrongs there is another type of civil obligation called the Quasi contractual
obligation. In quasi contact. though the parties are not liable in contract, they are liable
for injustice. For example, if A pays some amount to B by mistake thinking that 'A'
owes the amount to ‘B' it can be recovered as the law treats it as if B had contracted to
repay it.

38
SUBSTANTlVE AND ADJECTIVAL LAW:
Substantive law lays down people's rights, duties, liabilities, and powers. Adjectival
Law relates to the enforcement of rights and duties. It is mainly concerned with
procedural laws and evidence. For example, Civil procedure, Criminal procedure and
Evidence. Criminal and civil procedure and something missing so are criminal and civil
evidence.

THE TITLES OF CASES

Students of law have to remember and cite many titles of cases. It is important to
know the rules for naming cases. Criminal trials are differently named based on the
two main divisions of crimes as indictable offenses and summary offenses. Indictable
offenses are more serious offenses triable in the crown court. Trials on indictment arc
in the name of the Queen or the King who is on the throne. Reg (Regina) or Rex
respectively both conveniently abbreviate to 'R'. Thus Reg V Sikes or Rex V Sikes may
both be written RV Sikes. In some types of criminal cases the title of the case will not
contain Reg or Rex before V, but will contain the name of a private person. This
happens when the case is tried summarily before magistrates i.e. justices of peace.
Civil cases will usually be cited by the names of the parties (eg) Rylands V Fletcher. If
the Queen or the King as representing the Government, is a party, she is, in civil cases
called “The Queen" and similarly with the King, thus British Coal Corporation V The
King; but 'R' may also be used, when an appeal is taken to the Court of Appeal(Civil
Division) the name of the appellant is put first. This means that the names may
become reversed, in some cases where a will is being interpreted, the name of the
case is "In re (in the matter ot) somebody or something; for instance "In re Smith".
Certain applications to the court are called ''Ex Parte”. Ex P Smith means on the
application of Smith. In the probate cases i.e. cases concerned with the proof of a will,
the title In Bonis i.e. in the Goods of- In Bonis Smith may be used.

COURTS WITH CIVIL JURISDICTION

Civil and Criminal com1s in England are distinct to a certain extent. Magistrates mainly

39
deal with criminal cases but they do have some important civil jurisdiction over
licensing and family matters. The crown court has almost exclusively criminal
jurisdiction, while the county court deals only with civil matters. Apart from appeals,
the High Court deals mainly with civil matters. The Courts with original jurisdiction are
the High Courts and the County Courts. The High Court is divided into three divisions:
The Queens division, the Chancery division, Family division. The First administers
primarily the common law, the second equity and the third probate, divorce and
admiralty cases.

Hierarchy of courts with civil jurisdiction

A civil trial in the High Court is before a single judge, generally sitting without a jury.
The judges may sit in London or in Provinces. High court cases outside London are
often taken by Deputy High Court Judges or plain Barristers. The less important civil
cases are tried in the county courts. Appeals from both the High Courts and the County
courts lie to the Court of appeal. The Court of appeal generally sits with three members,
and there will be several such courts in action at the same time. When an appeal is
taken to the court of appeal either from the High Court or from the County Court, a
further appeal lies, with leave, to the House of Lords. However the system of two
appeals is subject to criticism among the jurists. A civil case may go on appeal directly

40
from the High Court to the Supreme Court under the "LeapFrog" procedure introduced
by the Administration of Justice Act 1960. This can happen with the consent of the
parties and on certificate from the judges, if the case involves the interpretation of
the legislation or is governed by a previous decision, of the Court of Appeal or
House of Lords which one of the parties wishes to overturn.

COURTS WITH CRIMINAL JURISDICTION

The classification of offenses
In trial of criminal cases, crimes are divided into indictable offenses, summary
offenses and offenses triable either way.Indictable offenses can be tried only by judge
and the jury in the Crown Court as they are serious crimes.Summary offenses are tried
by Magistrates in a Magistrate's Court. Many crimes, though capable of being tried on
indictment, can be tried in Magistrate's Court if certain conditions are satisfied.These
are the intermediate category of offenses “triable either way'' as they may be tried
either in the Crown Court or Magistrates' Court.

The Crown Court is the main criminal court in England and was created by The Courts
Act, 197l. A criminal trial in the crown court is always by jury. The court is normally
presided over by a circuit judge or recorder who controls the trial and directs the jury;
but it may also be constituted with a High Court Judge. Appeal from the crown court in
the criminal cases lies to the court of appeal (criminal division). The appeal may be on
law or fact or against sentences, but only the defendant can appeal and not the crown.

41
On a successful appeal against conviction the court will quash the conviction; but it
may substitute a conviction of some other offenses of which the jury could have
convicted. From the court of appeal, a further appeal lies in imp011ant cases with
leave, to the Supreme Court. The lower appellate court must certify that a point of law
of general public importance is involved and it must appear to the Supreme Court that
the point ought to be considered by the House. Summary offenses i.e. crimes not
triable on indictment, are triable without a jury by Magistrate's Courts. Many crimes,
though falling within the category of indictable offenses, can be tried in Magistrates
Courts if certain conditions are satisfied; they are said to be triable both ways. Appeals
from Magistrates Courts in criminal cases are similar to those in civil cases. The
defendant may appeal to the Crown Court, which rehearses the whole case; there is no
jury, but at least two magistrates sit with the judge or recorder. A case may also be
stated on a point of law for the decision of a divisional court of the Queen·s Bench
Division and a further appeal may be taken from the divisional court, subject to
restrictions. to the Supreme Court. An appeal by way of case stated is open not only to
the defendant but also to the prosecutor, whereas in trials on indictment there is no
appeal from an acquittal.

The Supreme Court of United Kingdom

The British Parliament enacted a Constitutional Reform Act by which a new Supreme
Court was established to replace the judicial committee (Law Lords) of the House of
Lords. It started working on lst of October 2009 and is located in Middle sex Guildhall
on Parliament Square, London. It assumed the judicial function of the House of Lords
which were executed by the lords of appeal in ordinary. commonly called Law Lords. It
is the apex court in all matters under English Law, Northern Irish Law and Scottish Civil
Law. It is the Court of last resort and the highest appellate court in the United Kingdom.

ELEMENTARY LEGAL TERMINOLOGY

Civil Terminology
Turning to civil proceedings. The terminology generally is that a claimant (known as a
plaint({f' prior to April 1999) sues (i.e. brings an action against) a defendant. The

42
proceedings if successful (with the defendant being found liable) results in judgment
for the claimant, and the judgment may order the defendant to pay the claimant
damages (money), to transfer property, to do or not to do something (an injunction), or
to fulfill obligations under a contract (specific performance). In proceedings against
the government or certain public authorities, known as applications for judicial review,
whether by means of a mandatory, prohibiting or quashing order, or otherwise, the
parties are also called claimant and defendant respectively. In matrimonial cases in
the Family Division the parties are called petitioner and respondent, the relief sought
concerns dissolution of marriage and the proceedings result in a decree of divorce.

Criminal Terminology
In English criminal proceedings the terminology is as follows. You have a prosecutor
prosecuting a defendant, the result of the prosecution if successful is a conviction, and
the defendant who is found guilty may be punished by one of a variety of punishments
or sentences ranging from a fine to life imprisonment, including being released on
probation and other alternatives to custody, or may be discharged without punishment.
The terminology of one type of proceedings should never be transferred to the other.
"Criminal action," for example, is a misnomer; so is "civil offense" (the proper
expression is "civil wrong''). One does not speak of a claimant prosecuting o, of the
criminal defendant being sued. The common announcement "Trespassers will be
prosecuted" has been called a "wooden lie" for trespass has traditionally been a civil
wrong, not (generally) a crime.

CLASSIFICATIONS OF CIVIL WRONGS

Some of the important civil wrongs are breach of contract, tort and breach of trust. A
contract is made every time we buy something such as Bus ticket, Newspaper, Train
ticket, etc. a contract need not be a formal document or in any document. Tort is a civil
wrong independent of contract. It gives rights to an action for damages irrespective of
any existing agreement on doing it or not doing it. Tort includes such wrongs as
negligence and nuisance, defamation of character. assault, battery, false
imprisonment, trespass to land and interference with goods. Etymologically the word

43
comes from the law-French tort, signifying any wrong. and itself derived from the Latin
tortuous, meaning "twisted" or "wrung", the latter having the same origin as "wrong."
The adjective form of tort is "tortious": thus or e speaks of a tortious act. A third civil
wrong is a breach of trust. A "trust" is not a mere obligation of honor, as the word may
seem to suggest, but an obligation enforced by the courts. It occurs where a person,
technically a settlor, transfers property (such as land or shares) to another, called a
trustee, on trust for yet another, called a beneficiary. Where the trust is created by will
the settlor is also called a testator (the name for anyone who makes a will); and an
alternative name for the beneficiary is cestui que trust, an elliptical phrase meaning
"the person [for] whose [benefit the] trust [was created]."

PUBLIC AND PRIVATE LAW

Another distinction that needs to be considered is that between public and private
law. There is undoubtedly a distinctive body of public law, frequently studied as such in
universities, sometimes called by a name such as "constitutional and administrative
law”. The distinction between public and private law is not hard and fast; the dividing
line can sometimes be crucial. The public law remedies of judicial review are not
available against a purely private body, for example and different procedures are
adopted for proceeding against a public as opposed to a private concern. The
author Glanville Williams points out the basic things about in the judicial system in
England in order to help a new entrant to the Study of Law by providing the needed
information.

*************

44
 3. THE INTERPRETATION OF STATUTES
-Glanville Williams

FULL TEXT OF THE LESSON

Modern pressures upon the syllabus are such that the subject of statutory interpretation
is rarely taught in law schools other than as a small part of an English Legal System
course. But I hope that even that degree of exposure will persuade you of the
importance of this facet of the law. A practitioner with any pretension to legal learning
should certainly know the lines of argument that may be open on the reading of a
statute; as Lord Steyn acknowledged, "the preponderance of enacted law over common
law is increasing year by year and the subject of interpretation has moved to the center

45
of the legal stage" a nd most cases in the law reports turn on disputed points of
statutory interpretation. What follows is intended largely to show how the complex
business of extracting precise meanings from an apparently simple set of words is
assisted by certain practices and understandings. It will be seen that there are certain
principles at work, and various presumptions that have a bearing on the task.
Parliament has recently affected the process by enacting s.3 of the Human Rights Act
1988, which considerably alters the traditional role of the courts in this respect.

STRUCTURE OF A STATUTE
A few words first about the structure of a statute. An Act of Parliament consists of a
number of parts; there is the short title, the long title, the date of Royal assent, the
enacting formula, the sections and subsections, marginal notes, the citation, the extent
(territorial) and the commencement. In addition, you will normally find definition
sections, savings and repeals, and (at the end of the Act), the schedules. Not all of these
are of equal significance as indicators of the meaning of the statute. There is a good
deal of ancient learning about the matter, but the essential distinction is that some of
these features are the enacting parts of the statutes (which can be considered and
amended by Parliament)., whereas the others (the cross-headings, the side-notes, or
marginal notes, and the punctuation) are regarded as being of less significance, since
they do not enact anything. It seems likely, however, that a court post, Pepper v Hart,
would permit some use to be made of them if they shed light on the meaning of the Act.
Indeed, in Calley v Gray, the Court of Appeal acknowledged that it had derived
considerable assistance from the explanatory notes by which the statute under
construction was accompanied when it was first introduced into Parliament,
notwithstanding that the notes specifically state that "they do not form part of the Bill
and have not been endorsed by Parliament''.

THE IMPORTANCE OF CONTEXT

When Parliament has passed an Act, the words of the Act are authoritative as words. In
ordinary life, if someone says something that you do not understand, you ask for a fuller
explanation. This is impossible with the interpretation of statutes, because only the

46
words of the Act have passed through the legal machinery of law-making, and individual
Members of Parliament cannot be put into the witness-box to supplement or interpret
what has been formally enacted. Hence the words of an Act carry a sort of disembodied
or dehumanized meaning: not necessarily the meaning intended by any actual person in
particular. But the meaning that is conventionally attached to such words. The point
must not be pressed too far, since the statute obviously has a broad purpose (or, to
speak more precisely, those who collaborated in framing and passing the statute had a
broad purpose) which is expressed in the words.The most important rules for the
interpretation (otherwise called construction) of statutes are those suggested by
common sense. The judge may look up the meaning of a word in a dictionary or
technical work; but this ordinary meaning may be controlled by the particular context.
As everyone knows who has translated from a foreign language, it is no excuse for a
bad translation that the meaning chosen was found in the dictionary: for the document
may be its own dictionary, showing an intention to use words in some special shade of
meaning. This rule, requiring regard to be had to the context, is sometimes expressed in
the Latin maxim noscitur a sociis, which Henry Fielding translated: a word, may be
known by the company it keeps. One may look not only at the rest of the section in
which the word appears, but at the statute as a whole, and even at earlier legislation
dealing with the same subject-matter-for it is assumed that when Parliament passed an
Act, it probably had the earlier legislation in mind, and probably intended to use words
with the same meaning as before. However, words need not always have a consistent
meaning attributed to them: the context may show that the same word bears two
different senses even when it is repeated in the same section.Formerly, the rule
permitting recourse to earlier statutes was taken to allow the court to compare the
wording of a consolidation Act with the Acts that it superseded, and to conclude that
variation of wording indicated a change of meaning. But this tended to defeat the object
of consolidation, which was to supersede a jumble of Acts of various dates by a single
statute. Consolidation would be of little help if one still had to look at the old repealed
Acts in order to interpret the new one. Consequently, the rule laid down by the House of
Lords is that wherein, construing a Consolidation Act: "The actual words are clear and
unambiguous it is not permissible to have recourse to the corresponding provisions in

47
the earlier statute repealed by the consolidation Act and to treat any difference in their
wording as capable of casting doubt upon what is clear and unambiguous language in
the consolidation Act itself."

DEFINITION SECTIONS
In reading a statute, always look for a definition section, assigning special meanings to
some of the words in the statute. Parliamentary counsel adopts the inconsiderate
practice of not telling you (for example, in a footnote or marginal note) that a particular
word in the section is defined somewhere else in the statute; you have to ferret out the
information for yourself. In addition to the interpretation section in the statute, the
Interpretation Act 1978 operates as a standing legal dictionary of some of the most
important words used in legislation. This Act declares, among other things, that the
plural includes the singular, and the singular the plural, unless a contrary intention
appears. Also, by virtue of the Act, if not independently of it, "words importing the
feminine gender include the masculine", and vice versa. These special meanings are
duly noticed in the various annotations of statutes, such as Halsbury's Statutes and
Current Law Statutes, but not in the official versions of the statutes.

INTERPRETATION IN THE LIGHT OF POLICY: FRINGE MEANING

When interpreting statutes, the courts often announce that they are trying to discover
“the intention of the legislature”. In actual fact, if a court finds it hard to know whether a
particular situation comes within the words of a statute or not, the probability is the
situation was not foreseen by the legislature, so that the Lords and Members of
Parliament would be just as puzzled by it as the judges are. Here, the "intention of the
legislature" is fiction. Because of this difficulty, some deny that the courts are really
concerned with the intention of Parliament. "In the construction of written documents
including statutes, what the court is concerned to ascertain is, not what the
promulgators of the instruments meant to say, but the meaning of what they have said,”
Others, however, think it proper to speak of the intention of Parliament, in the sense of
"the meaning which Parliament must have intended the words to convey". In case of
doubt the court has to guess what meaning Parliament would have picked on if it had

48
thought of the point. The intention is not actual but hypothetical. There is, of course, a
limit to what a court can do by way of filling out a statute; but to some extent this is
possible. An illustration is the familiar legal problem of “fringe meaning”. The words we
use, though they have a central core of meaning that is relatively fixed, have a fringe of
uncertainty when applied to the infinitely variable facts of experience. For example, the
general notion of a “building” is clear, but a judge may not find it easy to decide whether
a temporary wooden hut, or a telephone kiosk, or a wall, or a tent, is a “building”. In
problems like this, the process of interpretation is indistinguishable from legislation: the
judge is, like it or not, a legislator. For, if the conclusion is that the wooden hut is a
building, this is in effect adding an interpretation clause to the statute, which gives
“building” an extended application; whereas to decide that the hut is not a building,
effectively adds a clause to the statute, and gives it a narrower meaning. The words of
the statute, as they stand, do not give an answer to the question before the judge; and
the question is therefore legislative rather than interpretative. This simple truth is rarely
perceived or admitted: almost always the judge pretends to get the solution out of the
words of the Act, though confessing in so doing to be guided by its general policy. The
rational approach would be to say candidly that the question, being legislative, must be
settled with the help of the policy implicit in the Act, or by reference to convenience or
social requirements or generally accepted principles of fairness. This kind of
"interpretation" may be legally and socially sound, although it reaches results that would
surprise the lexicographer. Thus it has actually been held that murder can be an
"accident". The word "accident" was being interpreted in the context of the Work-men's
Compensation Act 1906, and the result of the decision was that the widow of the
deceased workman was entitled to compensation from the employer, because the
murder in question arose out of and in the course of the employment. The court
admitted that it was giving an unusual meaning to the word, for "an historian who
described the end of Rizzio by saying that he met with a fatal accident in Holyrood
Palace would...fairly be charged with a misleading statement of fact". Similarly, Farwell
L.J. remarked that one would not in ordinary parlance say that Desde Mona died by
accident, because "the horror of the crime dominates the imagination and compels the
expression of the situation in terms related to the crime and the criminal alone." Yet, if

49
one looks at the situation from the point of view of the victim, it is an accident, in the
sense that it was not expected or intended by the victim himself. In preferring this wider
meaning of the term "accident" the court looked to the general purpose of the Act.

THE LITERAL RULE

Granted that words have a certain elasticity of meaning, the general rule remains that
the judges regard themselves as bound by the words of a statute when these words
clearly govern the situation before the court. The words must be applied with nothing
added and nothing taken away. More precisely, the general principle is that the court
can neither extend the statute to a case not within its terms, though perhaps within its
purpose, nor curtail it by leaving out a case that the statute literally includes, though it
should not have. Lord Diplock expressed the argument in favor of judicial self-restraint
as follows: "At a time when more and more cases involve the application of legislation
which gives effect to policies that are the subject of bitter public and parliamentary
controversy, it cannot be too strongly emphasized that the British constitution, though
largely unwritten, is firmly based upon the separation of powers; Parliament makes the
laws, the judiciary interpret them. When Parliament legislates to remedy what the
majority of its members at the time perceive to be a defect or a lacuna in the existing
law (whether it be the written law enacted by existing statutes or the unwritten common
law as it has been expounded by the judges in decided cases), the role of the judiciary is
confined to ascertaining from the words that Parliament has approved as expressing its
intention what that intention was, and to giving effect to it. Where the meaning of the
statutory words is plain and unambiguous it is not for the judges to invent fancied
ambiguities as an excuse for failing to give effect to its plain meaning because they
themselves consider that the consequences of doing so would be inexpedient, or even
unjust or immoral. In controversial matters such as those involved in industrial relations
there is room for differences of opinion as to what is expedient, what is just and what is
morally justifiable. Under our constitution it is Parliament's opinion on these matters
that is paramount." Lord Diplock went on to say that the principle applies even though
there is reason to think that if Parliament had foreseen the situation before the court it
would have modified the words it used: “If this be the case, it is for Parliament, not for

50
the judiciary, to decide whether any changes should be made to the law as stated in the
Acts.” According to this, courts should not use the alternative principles of construction
when the statute is “plain and unambiguous”. They can decline to apply the literal rule if
the statute is ambiguous, but must not “invent fancied ambiguities” in order to do so. It
is, nevertheless, difficult to reconcile the literal rule with the “context” rule. We
understand the meaning of words from their context, and in ordinary life the context
includes not only other words used at the same time, but the whole human or social
situation in which the words are used. Professor Zander gives the example of parents
asking a childminder to keep the children amused by teaching them a card game. In the
parents absence, the childminder teaches the children to play strip poker. There is no
doubt that strip poker is a card game, but equally no doubt that it was not the sort of
card game intended by the instructions given. One knows this not from anything the
parents have said, but from customary ideas as to the proper behavior and upbringing
of children. On its face, the literal rule seems to forbid this common-sense approach to
statutory interpretation. The literal rule has often been criticized by writers. Blindly
applied, it is a rule against using intelligence in understanding language. Anyone who in
ordinary life interpreted words literally, being indifferent to what the speaker or writer
meant, would be regarded as a pedant, a mischief maker, or an eccentric. Applying the
rule also occasioned difficulty. What is a real ambiguity, and what is a fancied ambiguity?
Consider the following case decided by the House of Lords on the construction of the
Factories Act. This Act¹s required dangerous parts of machines to be constantly fenced
while they were in motion. A workman repairing a machine removed the fence and
turned the machine by hand in order to do the job. Unfortunately, he crushed his finger.
Whether the employers was in breach of the statute and liable in damages for breach of
statutory duty depended on whether the machine was "in motion" at the time of the
accident. In the primary or literal sense of the words, it was; but since the machine was
not working under power, and was only in temporary motion for necessary adjustment,
the House of Lords chose to give the words the secondary meaning of "mechanical
propulsion". Since the machine was not being mechanically propelled it was not in
motion, and the employers were not liable. This was a decision of the House of Lords
25 years before the pronouncement of Lord Diplock previously quoted, and no doubt

51
has been cast upon it. Is the provision in the Factories Act ambiguous or not? "Motion"
primarily means movement; the machine was in movement, and therefore, in the
ordinary meaning of the phrase, was in motion. The reason why the House of Lords cut
down the meaning of the phrase must have been because the House did not believe
that Parliament intended to cover the particular situation. According to Lord Diplock, it is
improper to do this if the meaning of the statute is plain. So the decision in the
Factories Act case was justifiable only if the Act was regarded as not plain. But in what
way was it not plain? "In motion" is on its face a perfectly plain phrase. Was not the
reason why the House thought it not plain that their Lordships believed that Parliament
did not have this situation in mind, and would have cut down the wording if it had? Yet it
seems that, according to Lord Diplock, such reasoning is merely the invention of
fancied ambiguity, which is no reason for denying the "plain" meaning of a statute. One
practical reason for the literal rule is that judges have no wish to be accused of making
political judgments at variance with the purpose of Parliament when it passed the Act.
This fear is sometimes understandable, but not all statutes divide Parliament on party
lines. Other reasons advanced for the literal rule may be briefly answered. "Many
statutes are passed by political bargaining and snap judgments of expediency; the
courts can rarely be sure that Parliament would have altered the wording if it had
foreseen the situation." This may be true, but is it any reason why the courts should not
do justice as best they can, leaving it to Parliament to intervene again if the decision
does not meet with Parliament's approval? "If courts habitually rewrote statutes in order
to effect supposed improvements, this might cause statutes to become more complex
in order to exclude judicial rewriting in a way that was politically unacceptable." This
supposes that the court misjudges what Parliament would wish it to do, whereas in fact
the decision may win general approval. A court that tries to decide as Parliament would
have wished is more likely to be right than a court that follows the words believing it
was not what Parliament intended. "People are entitled to follow statutes as they are;
they should not have to speculate as to Parliament's intention." This is a strong reason
against the extensive construction of prohibitory (criminal) legislation, but is less
persuasive in other cases. "If the courts undertook to rewrite statutes this would tend to
foment litigation, because it would encourage people who objected to the legislation to

52
try their luck with the courts." To suggest that the courts will ever completely rewrite a
statute is a great exaggeration; and even judges who accept the literal rule in words will
depart from it when the circumstances press them hard enough. Lord Diplock says that
there may be differences of opinion as to what is expedient, just and moral, and that
Parliament's opinion on these questions is paramount. This is obviously true, once
Parliament's opinion is established. It is also true that Parliament's opinion is
ascertained primarily from the words it has been used. Nevertheless, the facts of the
case may be such as to raise serious doubts as to whether Parliament intended its
words to apply. The decision by a court that a particular situation was not intended to
come within the ambit of a statute, though within its words in what may be their most
obvious meaning, does not deny the supremacy of Parliament, for if Parliament
disagrees with the decision it can pass another Act dealing specifically with the type of
case. However, the hard truth is that Parliament generally pays little attention to the
workings of the law. It is not merely that Parliament fails to keep old law under
continuous revision; it loses interest in its new creations as soon as they are on the
statute book.

A "PURPOSIVE" APPROACH: THE MISCHIEF RULE

As can be seen from the illustration just given, the task of interpreting statutes gives
judges the chance of expressing their own opinions as to social policy; and, inevitably,
their opinions do not always command universal assent. However, the judges are on
fairly safe ground if they apply the "mischief" rule, otherwise known as the rule in
Heydon's Case. This bids them to look at the common law (i.e., the legal position)
before the Act, and the mischief that the statute was intended to remedy: the Act is then
to be construed in such a way as to suppress the mischief and advance the remedy.
This approach to the reading of statutes is an early example of what is now commonly
referred to as a "purposive" approach, which goes rather wider than merely ascertaining
the mischief. Lord Nicholls explains: "Nowadays, the courts look at external aids for
more than merely identifying the mischief the statute is intended to cure. In adopting a
purposive approach to the interpretation of statutory language, courts seek to identify
and give effect to the purpose of the legislation. To the extent that extraneous material

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assists in identifying the purpose of the legislation, it is a useful tool." So stated, the
purposive approach is rather wider than the mischief rule, since it does not suppose (as
the older rule does) that all statutes are passed for the purpose of remedying a mischief,
as opposed to promoting some social good or purpose. In recent years, the purposive
approach has supplanted both the literal rule and the mischief rule as the proper
approach to the ascertainment of Parliament's will.

Pepper v Hart
The practical utility of the mischief rule depends to some extent upon the means that
the courts are entitled to employ in order to ascertain what mischief the Act was
intended to remedy. A true historical investigation would take account of press agitation,
party conferences, government pronouncements, and debates in Parliament. Until
comparatively recently, all of these were ignored as the result of a rule excluding
evidence of the political history of a statute. The exclusionary rule was justified by the
burden that would otherwise be placed upon legal advisers (and the resulting costs to
their clients) and the uncertainty that would be introduced into the law if such historical
materials had to be consulted. In practice, therefore, the judge generally gathered the
object of a statute merely from perusal of its language, in the light of his knowledge of
the previous law and general knowledge of social conditions. However, in Pepper
(Inspector of Taxes) v Hart, it was held that in certain limited situations and for certain
limited purposes. Hansard (i.e., the Parliamentary record) can be consulted for the
purposes of ascertaining the intentions of the legislature. The precise limits to which
this may be done are somewhat unclear, and remain hotly contested. According to Lord
Oliver, this is permissible "only... where the expression of the legislative intention is
genuinely ambiguous or obscure or where a literal or prima facie construction leads to a
manifest absurdity and where the difficulty can be resolved by a clear statement to the
matter in issue".
The conditions for consulting legislative history were summarized in the headnote as
follows:
a) Legislation is ambiguous or obscure or leads to an absurdity:
b) The material relied upon consists of one or more statements by a Minister or

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 other promoter of the Bill together… with such other Parliamentary material as
is necessary to understand such statements and their effect; and
c) The statements relied upon are clear.

Exactly how these conditions should apply in any particular case is, however, still a
matter of some controversy. In R. v Secretary of State for the Environment, Transport
and the Regions, ex p. Spath Holme Ltd, two members of the House (Lords Nicholls and
Cooke) dissented on the use to which Hansard might be put. Section 31 of the Landlord
and Tenant Act 1985 gave the Minister the power to make rent restriction orders. The
grounds upon which the Minister could rely in making such an order were unclear, but
might have included either or both (i) the desirability of reflecting equities between
landlords and tenants and/or (ii) the need to control inflation. The majority (Lords
Bingham, Hope and Hutton) took the view that two of the thresholds set by Lord Browne
Wilkinson in Pepper v Hart, namely paragraphs (a) and (b) had not been met and that a
reference to Hansard was therefore impermissible to resolve the dilemma. The minority
took the view that they could consult various parliamentary statements. But decided
that they were inconclusive of the issue and concluded (with the majority) that the
Minister was free to use both criteria. Under the purposive approach, it is still necessary
to answer the question: when is a provision ambiguous? Lord Cooke in his speech said
that “A provision is ambiguous, if reasonably open, on orthodox rules of construction to
more than one meaning”, and concluded that the section under consideration fell within
that ambit. He took the view that there are cases in which the court can in the end
derive real help from Hansard, even if it is not necessarily decisive help. If the answer is
not “decisive” one way or the other as to Parliament’s meaning, it shows that the court
has a real choice to make. Another difficulty is that the statements to be relied upon
must be "clear". But the question arises: how do you know whether they are clear until
you have looked at them? Lord Mackay dissented in Pepper v Hart. His objections were
the practical and pragmatic ones, concerned as they were, with the availability (or rather
the unavailability) of the background materials, and the costs of undertaking research
into them. In other words, it is still necessary for legal advisers to undertake all the
research work, the avoidance of which is behind the majority approach in the Spath
Holme decision even in order to know whether or not what has been said. is "clear".

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More recently, still a far more restrictive approach to the use of legislative history has
been suggested. It has been argued that the only purpose for which such material
should be consulted would be to prevent a government or minister from denying before
the courts what he or she had asserted before Parliament. While it is true that this was
what happened in Pepper v Hart itself, Lord Hope's view is a minority one. Many
statutes are the result of recommendations made by the Royal Commissions and
departmental committees. Can the reports of these commissions and committees be
looked at as an aid to construction? The short answer is that they can be consulted for
the same purposes and to the same extent as Hansard itself. And they can still be
consulted to show the mischief against which the Act was directed. A nice example of
the use of such a report for these purposes is to be found in the prosecution for
"making off without payment", Allen." The question was whether a person who left
without paying a bill could be convicted in the absence of proof that he or she intended
never to pay. The Theft Act 1978 was silent on the point; but the Thirteenth Report of
the Criminal Law Revision Committee made it clear that such an intention must be
proved. The Court of Appeal refused to consult the Report, taking the view that it was
not permitted to consult, but arrived at the "correct" conclusion unaided. The House of
Lords did look at the Report and reinforced its own conclusions about the mischief at
which the section was aimed. It may be expected that the practice of referring to these
reports will extend itself in the future, because they often supply the best commentary
upon the wording of an Act.
INTERPRETATIONS TO AVOID ABSURDITY: THE GOLDEN RULE
As the Factories Act case discussed earlier illustrates, the courts sometimes allow
themselves to construe a statute in such a way as to produce a reasonable result. Even
though this involves departing from the prima facie meaning of the words. The rule that
a statute may be construed to avoid absurdity is conveniently called the "golden rule". It
is by no means unlimited, and seems to apply only in three types of cases. The golden
rule allows the court to prefer a sensible meaning to an absurd meaning, where both are
linguistically possible. It does not matter that the absurd meaning is the more natural
and obvious meaning of the words. Lord Reid:
"Where a statutory provision on one interpretation brings about a startling and

56
inequitable result, this may lead the court to seek another possible interpretation which
will do better justice."
On another occasion Lord Reid put the point more strongly. "It is only where the words
are absolutely incapable of a construction which will accord with the apparent intention
of the provision and will avoid a wholly unreasonable result that the words of the
enactment must prevail."
This application of the golden rule does not contradict the literal rule, provided that the
absurdity of the particular proposed application of the statute is conceded to be a
reason for finding an ambiguity in it. If one accepts the golden rule, this involves
rejecting Lord Diplock's opinion that the inexpediency, injustice or immorality of the
proposed application of the statute cannot in itself be a reason for finding an ambiguity
in the statute. According to the golden rule, it can be a powerful motivating force leading
the court to detect such ambiguity. It is frequently said that the question of absurdity
cannot influence a decision in any type of case except the one just stated. Nevertheless,
the courts sometimes act on a second principle, stated by Cross as follows: "The judge
may read in words which he considers to be necessarily implied by words which are
already in the statute, and he has a limited power to add to, alter or ignore statutory
words in order to prevent a provision from being unintelligible or absurd or totally
unreasonable, unworkable or totally irreconcilable. with the rest of the Statute." Acting
on this principle judges have occasionally corrected a statute that foolishly said "and"
when it meant "or", or that foolishly said "or" when it meant "and". However, the
argument must be very strong to induce the court to meddle with a statute. Instances
occur where the courts feel obliged to construe a statute in a way that they themselves
acknowledge creates an outrageous injustice.

PRESUMPTIONS
In interpreting statutes, various presumptions may be applied, most of which are of a
negative or restrictive character. They are the background of legal principles against
which the Act is viewed, and in the light of which Parliament is assumed to have
legislated, without being expected to express them. Some embody traditional notions of
justice, such as the rule that a statute is presumed not to be retrospective (except in

57
procedural matters). Others reflect what was almost certainly the intention of
Parliament, as that an Act applies only to the United Kingdom unless the contrary is
expressed. The most controversial presumptions are those enshrining the values of a
capitalist society-the presumption against interference with vested rights; the
presumption against the taking of property without compensation, and the presumption
against interference with contract. The last of these now has few followers, but the first
two still retain vitality. Even so, the judges are hampered by the thought that they must
not run counter to political trends, for example, by implying a right to full compensation
for the appropriation of property when a legislature (acting for reasons of wealth
redistribution) did not in terms provide for such compensation. The traditional
presumption upon which a clear consensus still exists is that against interference with
personal liberty. Presumptions may be regarded as instances of the proposition that the
duty of judges goes beyond the automatic enforcement of the dictates of Parliament.
The judges' function is also to do justice in accordance with certain settled principles of
law in a free society; and they are entitled to assume that Parliament does not intend to
subvert these principles, unless there is a clear statement that it does. For this reason,
the courts apply the rule that when Parliament has conferred a judicial or quasi-judicial
power upon a person, that power must be exercised in accordance with the rules of
natural justice. When Parliament creates a new crime, this is presumed to be subject to
certain defenses at common law, such as self-defense and duress, and also (very
frequently) to the requirement of a state of mind (intention, knowledge or recklessness).
These are judge-made principles required by our ideas of justice and grafted on the
statute by "implication" although there may be no words in the statute to suggest them.
The common law provides quite an armory of such principles, and new applications can
be found for them by a bold judge. A striking example is Re Sigsworth." Under
legislation (in force then and now) a child has certain rights of succession on the death
of the parent intestate. For the purpose of his decision in Re Sigsworth, the trial judge
assumed it to have been proved that the deceased, Mary Ann Sigsworth, had been
murdered by her son; and the question was whether the son was entitled to her estate
as "issue" under the Act. The learned judge held not, for the reason that no one is
entitled to profit from his own wrong. The decision was rendered somewhat easier by

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the fact that a similar conclusion had already been arrived at in the law of wills: a
murderer cannot take under the victim's will. Long before that-at least as early as 1775-
the courts had laid down the general principle of law that a person cannot bring an
action based on his own wrong (ex turpi causa non oritur actio). In Re Sigsworth, the
judge applied this principle to the interpretation of the intestacy statute which made no
mention of it. Even statutes may be read as subject to certain fundamental principles of
justice which are to be discovered in the common law. Incidentally, Re Sigsworth is
enough to disprove the oft-repeated assertion that "where the words of an Act of
Parliament are clear, there is no room for applying any principles of interpretation". This
proposition may have a useful application in limiting some of the more pedantic canons
of interpretation; but it does not exclude the application of a presumption or certain
common-sense principles. Although Re Sigsworth was only the decision of a judge at
first instance, it has been approved by the Court of Appeal and extended to other
statutes raising a similar question. One can therefore say that the courts retain the
power to read statutes in the light of general principles. The only question being
whether the particular court will be able to find or invent a general principle that will
enable it to give a sensible effect to the statute. Much will depend on the legal
knowledge and ingenuity of counsel and the court, as well as on the readiness of the
court to take a liberal view. A liberal interpretation to prevent the statute operating upon
an accidental inclusion may sometimes be comparatively easy, as it was in Re
Sigsworth. Although the courts have not expressly said so, it may be more difficult to do
anything in a situation where Parliament has left out something germane. To extend a
statute to a regrettably omitted case looks too much like legislation. Even so, it is
possible for a court to interpret a statute as covering what looks at first sight as an
omission if it can find or invent some plausible general principle of interpretation, an
exercise that may call for a little ingenuity. Consider, for example, Adler v. George. The
Official Secrets Act 1920, s.3, prohibits persons "in the vicinity of any prohibited place
from impeding sentries. The defendant impeded a sentry when he was inside a
prohibited place. The argument for the defense was that the defendant, being inside,
was not "in the vicinity of" the place, which meant outside. The court rejected the
argument, holding that the statute was to be read as if it were "in or in the vicinity of".

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Obviously, the case was stronger than the one actually provided for, so it could be
regarded as a fortiori." Just as the greater includes the less, so a provision for the
marginal case must include the central case. Adler v George shows that statutes may
be read not only against the background of notions of justice and settled legal principle
(which tend to limit their operation) but also against the background of notions of
ordinary common sense (which may extend their operation). There is a long-standing
presumption that Acts of Parliament are not intended to derogate from the
requirements of international law. When interpreting legislation, therefore, the courts
presume that Parliament must have intended to act in accordance with international
obligations. For many years, the European Convention on Human Rights was treated as
no more than an aid to construction of this kind. Although one that assumed increasing
significance after a right of individual petition to the European Court of Human Rights
was accorded in 1966. Technically, the International Covenant on Civil and Political
Rights is a treaty of the same status as the European Convention before incorporation.
But its provisions are only rarely noted, even though binding on us as a matter of
international law.

HUMAN RIGHTS ACT 1998, s.3

Section 3 of the Human Rights Act 1998 warrants separate considerations because it
introduces special considerations in cases where the protection of certain human rights
are involved. The section provides that, "So far as it is possible to do so, primary
legislation and subordinate legislation must be read and given effect in a way which is
compatible with Convention rights". If the court is unable to achieve a reading of the
statute in conformity with Convention rights, it may then grant a "declaration of
incompatibility" whose effect is that the law must be changed subsequently in order to
make it consistent with Convention rights. It will be clear that, at a stroke, Parliament
has thereby rendered relevant to the interpretation process many considerations that
would otherwise have been irrelevant, or of doubtful standing, and at the same time
introduced a fundamentally new approach to the task of interpretation. The section has
already been considered on hundreds of occasions since it came into force on October
2, 2000. Its potential to make a difference to the outcome of a dispute is illustrated by

60
the decision of the House of Lords in R. vA (No.2) where the protection afforded to rape
victims in court was the subject of consideration. Parliament had enacted legislation
(s.41 of the Youth Justice and Criminal Evidence Act 1999) setting out with some
precision the circumstances in which a judge might give leave to permit the questioning
of a rape victim. The ban apparently prevented the defendant from adducing evidence
or asking questions as to his own previous relationship with the complainant, even in a
case where the defense was that the complainant had consented. Four members of the
House agreed that, according to the ordinary canons of construction, the statute would
indeed have that result, which meant that a court would be unable to hear evidence that
might be highly relevant to the defense. The majority in the House were clear that s.3
permitted (or even required) the court to take into account art.6 of the European
Convention, guaranteeing a fair trial whatever violence this might do to the language of
s.41. Lord Hope was in the minority. He disagreed about the potential relevance of the
evidence (the mere fact that the complainant might have consented on previous
occasions is no evidence that she consented on the occasion giving rise to the charge),
and took the line that Parliament did indeed intend that a defendant should not have
been permitted to ask the disputed questions. Section 3 "does not entitle the judges to
act as legislators". The courts have said on a number of occasions that they must
respect the distinction between interpreting and legislating; but as critics point out, the
line is a difficult one to draw. It is at least arguable that the line between interpretation
and legislating, but as critics point out, the line is a difficult one to draw. It is at least
arguable that the line between interpretation and legislation was overstepped by a
majority of the House of Lords in Ghaidan v Godin-Mendoza, where the decision in RvA
was affirmed. There the House of Lords held that legislation (which traced its origins
back to 1977) protecting the inheritance rights of a deceased's "spouse" could be
extended to protect a same sex partner, even though this could not have been in the
contemplation of the legislature when the provision was first enacted. The House was
unanimous in deciding that the legislation did violate the anti-discrimination provisions
of s.14 of the Human Rights Act, but divided as to the question whether it was
legitimate to interpret the word "spouse" in a way that was never intended by Parliament
in the first place. To the puzzlement of critics, a majority decided that it was possible to

61
find the rights-compliant "meaning" through the use of s.3. This involves a reading of
the legislation to produce a result that the legislature did not intend, and there can be
little doubt that the implementation of the Human Rights Act involving decisions such
as these has materially contributed to the tensions that have developed between the
executive and the judiciary, a tension frequently inflamed by sensational press coverage
of particular decisions. Section 3 therefore creates tension between judges as
interpreters and judges as quasi-legislators. In the first place, s.3 obliges the judges to
find a compatible interpretation "so far as it is possible to do so". The meaning of the
words that Parliament has used must set some limits to what is "possible" in any
particular case. The approach of the majority in A enables the courts to nullify the effect
of statutory provisions, and it may be doubted whether that is the purpose of s.3. Rather,
if the courts are forced to a conclusion that it is simply not possible to find an
interpretation that protects one of the enshrined rights, then it has the power to make
(under s.4 of the Human Rights Act 1998) a "declaration of incompatibility" leaving
Parliament to set the matter right. It is hoped that these few words are sufficient to
enable the student to understand something of the complexities that are involved in the
interpretation of statutes.
***********

ABOUT THE AUTHOR:

Glanville Williams studied in the University of Cambridge and the University of Wales,
then enrolled in the bar and became a member of Middle Temple in 1935. He was a
research fellow from 1936-1942 and completed his Ph.D in law at the St.John's
University of Cambridge.

ACADEMIC CAREER:
He started as a reader specializing in English law, and went on to become a professor
in public law, and jurisprudence at the university of London, from 1945-53, from 1957-
68 worked as a professor of law in the University of Cambridge. He also served in
many official committees especially - The Criminal Law Revision Committee between
1959 and 1980. He wrote a number of books and is considered as Britain's foremost

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scholar of criminal law. Some of the books written by him are Text Book on Criminal
Law, Criminal Law: The General Part, Joint Obligations (1949).

Lesson Analysis:
Statutory interpretation or proper interpretation of statutes is of utmost importance for
legal fraternity. The structure of a statute or enacted law has a number of parts namely
short title, long title, date of Royal assent, enacting procedure, sections, subsections,
marginal notes, citation, territorial extent and date of commencement. Apart from that
definition sections, savings and repeals and schedules at the end of the Act. In a statute
there are certain features known as enacting parts, than can be amended by Parliament,
whereas certain parts like cross-headings, side-notes or marginal notes and punctuation
are regarded as less important as they do not enact anything. But in some cases, the
court in the process of interpretation looks into the explanatory notes too to understand
the mindset of the framers. This helps judges to be as near to what statutes intended to
do. Law reports mainly analyse disputed points of statutory interpretation. Lord Steyn
commenting on this said that, “the preponderance of enacted law over common law is
increasing year by year and the subject of interpretation has moved on to the centre of
the legal stage”. Judges in interpreting statues are assisted by certain practices,
principles and presumptions. In England, Section.3 of the Human Rights Act of 1988,
altered the way judges interpret the statutes.

The Importance of context:

Words or terms in statutes assume importance. While interpreting a statutes or any
article in the constitution the judges can interpret a word/term based on dictionary
meaning and also from what the word means in that context, in that sentence, the
meaning of words may be known from the company, it keeps as the Latin maxim goes
‘noscitur a sociis’. Judges have to understand a term from reading the statute and
earlier related statutes too at times. The House of Lords laid down that in construction
or interpretation if the actual words are clear and unambiguous, the court need not go
beyond that meaning only if there is ambiguity, the courts have to do all that.

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Definition Sections:
Definition section helps to understand the meaning of words in an Act. There is a legal
dictionary that contains the meaning of important words and the Act declares that the
plural includes the singular and the singular means the plural unless it is otherwise
stated.

Interpretation in the Light of Policy Fringe meaning:

The courts namely the judges in the process of interpretation claim to understand the
“intention of the legislature”. The judges try to find out the meaning of what the
legislators wasted to convey in that law and what they have actually said. ‘Fringe’ means
the outermost limit of something. Fringe meaning is used here by the author to indicate
that at times the judges have to take the meaning from a perspective too. For example,
while explaining about an incident that happened in a ‘building, here it may be a hut, or a
tent which in that case is construed as a building. Judges in the process assume the
role of legislators too and give an extended meaning to ‘building’. At time the words of a
statute do not answer the question before the judges and it may be more legislative in
nature. The judges may if they stick to what is intended give a narrow meaning and if
they table on legislative role, they may expand the meaning to include the fringe
meaning too. The courts also admit that sometimes if justice needs to be accused, it
may give unusual meaning to words that are well understand and defined. For e.g. a
‘murder’ was treated as an ‘accident’ in the context of Workmen’s Compensation
Act,1906, that too from the point of view of the victim. So, giving wider weaving is also
done by judges.

The Literal Rule:

Literal rule implies interpreting words of a statute literally and not adding or subtracting
anything. The concept of ‘reparation of power’ goes thus, the legislature – legislates;
executive execute the orders of legislature\judiciary and the judiciary interpret the laws
& ensure justice. This rule implies that judges cannot & should no so beyond their
power’s & legislature of the statute is ‘plain & unambiguous’, literal meaning of terms
has to be applied by judges, and they should not invent fancied ambiguous. ‘ Literal rule’

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and ‘context rule’ times are contradictory, as the context rule includes so many social &
other factors to give a word a different meaning. Literal rule is formed by judges who
do not wish to take on legislative rules and rewrite statutes. Such judges too do not
want to be accused of making political judgements where they rewrite what the
Parliament has passed. Literal Rule has been introduced as at time it stats common
sense approach to statutory interpretation. Blindly applying it may hurt and may acts
are passed without much discussion. So, there may be ambiguity which the judges have
to sort out if it comes to the court in order to accord justice.

‘Purposive’ Approach: The Mischief Rule:-

The Mischief rule is otherwise known as the rule in “Heydon’s case”. The judges as per
the rule have to look at the common law (is the legal position) before the Act and the
mischief that the statute or legislation was brought into provide the remedy. This
approach is also called as the purposive approach, but it is wider than the mischief rule.
The purposive approach believe that all statutes are not passes d only to remedy
mischief, but are also passed to promote some social good or some good purpose.
This approach has now supplanted both the literal rule and the mischief rule and is
considered as the proper approach to understand Parliament’s will.

Pepper V. Hart [1993]

In this case, it was held that in certain limited situations and for certain limited purpose,
the Parliamentary Record (Hansard) may be consulted to know the enact in tention of
the legislators in passing that statute. But this is not accepted by many jurists. The
conditions for consulting legislature history were summarized in the headnote of the
case as follows:
a) Legislation is ambiguous or obscure or leads to on absurdity;

b) Statement relied upon are clear etc. But, critics of this approach ask as to when
a provision is ambiguous. The availability of background materials is also a
question

65
Golden Rule: Interpretations to avoid Absurdity Rule:-
The rule that a statute may be constructed to avoid absurdity is conveniently called the
‘Golden rule’. This rule allows the court to prefer a sensible meaning to an absurd
meaning, if both are linguistically possible. The golden rule does not contradict the
literal rule as long as the absurdity of a contradict the literal rule as long as the absurdity
of a particular application of the statute is seen as ambiguous. At times judges correct
obvious mistakes in statutes. The golden rule is applied when the judge feel that the
application of statute as such will result in injustice.

Presumptions:-
The judges have many presumptions, both positive and negative while interpreting
statutes. The judges’ function is to accord justice as per settled principle of low in a
free society. For e.g. a child has certain rights of succession as the death of the parent
intestate. In resigsworth, the son was said to have murder his mother and the question
was whether the son was intitled to compensation. The judge held that no one is
entitled to profit from his own wrong and so held that the murder cannot get the
property. Thus the court can retain the power to tread statute in the light of general
principles.

Human Rights Act, 1993 Sec. 3

State laws of countries shall not go against international laws & obligations. But
section 3 of the Human Rights Act 1998 specifically seen that the court shall read a
statute in conformities with the convention rights. Even Parliment has to choose
existing laws to be compatible with HRACT. Sec. 3 does not entitle judges to act as
legislations. The courts have to find a ‘compatible interpretation as far as possible’. If
the judges find difficult to do so, it has the power to make (under Section 4 of the
Human |Rights Act, 1998), a “declaration of incompatibilibity” leaving itg to parliament
to set the matter right.

*******

66
 4. MOOTS AND MOCK TRIALS
Glanville Williams

FULL TEXT OF THE LESSON1

"In my youth, said his father. I took to the law,

67
 and argued each case with my wife;
And the muscular strength which it gave to my
jaw Has lasted the rest of my life"
- Lewis Carroll, Alice in the Wonderland.

MOOTS are legal problems in the form of imaginary cases, which are argued by two
student "counsel" (a leader and a junior) on each side, with a "bench” of “judges" (more
usually, perhaps, only one judge) representing the Court of Appeal or sometimes the
Supreme Court (or another tribunal which is the product of the organizer's imagination).
Much stress is laid by educationalists on literacy and numeracy, but we hear little
about the importance of being articulate. Footballers practice passing and shooting:
pianists, singers and clowns also assiduously. Why is it supposed that speaking
comes naturally and needs no effort or concentration? Fluency and clear enunciation
are particularly important for the lawyer, when our forensic practice is largely oral.
Although you will be given training in this at the professional stage, there is no reason
why you should not participate in the activities of public speaking well before then.
Talking part in moots will help you in these respects, giving your experience in the art
of persuasion, and putting a case succinctly and intelligibly. Mooting not only gives
practice in court procedure but helps to develop the aplomb ever;. advocate should
possess. In some universities and colleges, mooting may be a formal part of the
curriculum, although the arrangement of moots is usually the responsibility of the
student' law society (which may well have a mooting officer on the executive
committee). A Law teacher or practicing lawyer can usually be persuaded to assist by
setting the moot and presiding on the "bench". In the unlikely event that no one else is
arranging them, organile one yourself. There are also nationally organized moots, such
as the Weekly Law Reports Mooting Competition arranged by the Incorporated Council
of Law Reporting, and the Observer newspaper, and a rather more specialist
competition, the Jessup International Law Moot Court Competition. Your student law
society should have the details of These, and quite possibly several others. The precise
details of the conduct of the moot might vary somewhat. The organizer of your moot
should let you have well in advance details of the rules according to which the contest

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will be held. Typically though, the proceeding will be conducted as follows. The moot
should ideally have two separate points for argument, one of each of the two pairs of
counsel. Counsel should notify opposing counsel of the main propositions (a skeleton
argument, in fact) and of all the authorities on which they rely. This mirrors practice in
the superior courts, and has the merit of identifying the issues somewhat more
precisely in advance. A copy should also be made available for the judge, since it will
save the time that might be spent in transcribing your agreement. Ideally, the volumes
containing the reports to be cited should be produced at the moot and the
Master/Mistress of \foots or other organizer should be informed of authorities to be
cited, in order that arrangements may be made for such reports as are available to be
brought to the courtroom. If this is not possible it is not uncommon for the mooters to
prepare in advance both a list of authorities to be cited, and photocopies (or printed
downloads) of the judgment upon which it is intended to rely, including if necessary a
copy for the judge-particularly if the moot is being conducted in a place where there is
not ready access to the law reports themselves. Since the moot is attended by an
audience it is important to confine the proceedings to a reasonable length. Between
half an hour and 40 minutes for each side (to be divided between leader and junior as
they think fit) is enough time. The presiding "judge” begins by referring to the case (he
need not read it out if copies have been made available to the audience); then he says.
"I call upon Mr/Miss X" (the leading counsel for the appellant, who sits upon the judge's
left-that is to say, what the judge sees as his left). Junior counsel for the appellant is
then invited to address the court, followed by two counsel for the respondent (or
Crown). The appellant is supposed to have a right of reply. but this may have to be
sacrificed if it has grown too late. Alternatively, the speaking order can be: leading
counsel for the appellant both counsel for the respondent; junior counsel for the
appellant (who thus has the last word). But counsel and judges follow the punctilios of
court procedure and conduct, and a few words may be said on these. Counsel rise to
their feet when addressing or being addressed by the court. If your opponent interrupts,
resume your seat. If you have occasion to refer to your colleague. you refer to your
"learned junior'', as the case may be, and your opponent is "my learned friend". or
occasionally, informally, "my friend" (not "the opposition"!). "It has been argued on the

69
other side that” is permissible. Do not interrupt anyone if this can possibly be avoided.
If you must interrupt, do so as gently and courteously as possible. Beginners
sometimes get confused between the two polite ways of addressing a judge- “my
Lord'' and "your Lordship". The difference is that "my Lord'' is the mode of addressing a
judge in the vocative case, i.e. as a polite way of drawing the attention of the judge to
yourself and what you are about to say, while "your Lordship" is the mode of referring
to the judge in the course of sentence, i.e. as a polite substitute for "you". The formula
for opening a case is: "May it please your lordship(s), I am appearing with Mr/Miss for
the plaintiff (prosecution) (appellant), and my learned friends Mr_ and Miss_ are for the
defendant (respondent)(Crown). The claim (charge) is... ". Other counsel will begin by
saying. "May it please your lordship(s)". Female judges are addressed as "my Lady",
"your Ladyship". In referring to the Queen as prosecutor in the course of a case one
speaks not of "the Queen" but "the Crown". The most common breach of etiquette
committed by the enthusiastic beginner when arguing a moot case is the expression of
a personal opinion on the merits of the case being presented. Counsel may "submit"
and "suggest'' strongly, and may state propositions of law and fact, but should not
express a personal "belief” or "opinion". You should also avoid the expression "I think".
however natural it may seem to employ it. It is regarded as being disrespectful to the
Bench to say: "My Lords, in my opinion the law is so-and-so", still more to say: "My
Lords, in my opinion this man is innocent". As an advocate you are paid to present your
client's case, not to offer a sincere opinion on how you would decide if you were the
judge. It is only by maintaining this rule that the advocate can be kept free from any
possible charge of hypocrisy. Begin your address to the court by address to the court
by stating quite briefly what you wish to show. Enumerate the points to be made, and
state what part of the argument is being left to your junior (if you are acting as leader).
This will enable the court, if it so wishes, to express particular interest in one point, in
which case you should of course respond by devoting yourself chiefly to it. Take any
hint the court drops: if the presiding judge indicates that as at present advised the
court is with you on a particular matter, leave it alone- do not insist upon reading out
your argument merely because you have come prepared upon it. State your main point
as impressively as you can. After stating it, pause to give time for it to sink in. Speak

70
slowly, and get as soon as possible to the core of your case. Your time is much more
limited than it would be in a real case, and you cannot afford to waste it; on the other
hand, it is no use gabbling what you have to say, for then it will not be understood.
Establish eye contact with the judge, and make sure that you can be heard. Do not read
out your argument if you can possibly avoid it, but in any case do not mumble into your
notes. While you must consistently keep your voice at a level at which it can be easily
heard, you should try to put expression into it, avoiding a dull monotone. It is probably
unwise to permit yourself a joke in arguing a moot, at least until you are sufficiently
experienced to know when one is allowable. Members of the legal professions do not
lack a sense of humor, but there is an ever-present danger that the levity might be
interpreted as being deployed at the expense of the litigants. When citing cases the
reference should always be given; and it should be pronounced in full, not in
abbreviated form. For instance, [1944) A.C.200 is, "reported in the Appeal Cases for
1944 at page two hundred", and 2 B. & Aid. 6 is: "in the second volume of Bamewall and
Alderson's Reports at page six". You should be prepared to be able to recite the facts
of the case, since the judge may not be familiar with them or wishes to check that you
are aware of them. It may be sufficient to read the headnote and the passage you want;
but if the case is an important part of your argument you would, in court, read what you
consider the essential facts in full. When you read an authority, do so slowly, with
proper periods and emphasis. Refer to judges by their full and proper titles (see pp.88-
90).
Citing cases, though usually a necessary part of the moot, tends to take a long time and
to be boring for the audience. Try, therefore, to pick out the cases that are most apt for
your argument, and rely on them. In professional practice it is the duty of the advocate
to call the attention of the court to all decisions that are in any way against the
submissions made; but this may not be possible in moot conditions. The other side can
be relied upon to cite any decision of importance, and you must have mastered those
cases too as part of your preparation, being prepared to distinguish them if called upon
to do so. Purely for the purposes of keeping the exercise within the bounds of
practically, it is not a bad plan to have a positive rule that not more than, say, six cases
shall be cited on each side. The object of a moot is to provide practice in developing an

71
argument, and while the reading out of decided cases is often the necessary foundation
of an argument, it should not constitute the whole of it. Remember that your primary
object as an advocate is to persuade: the citing of cases is only a means to this end.
Just as you should not overload your argument with cases, you should not load it with
too many separate points of law. “Mooty'' as the case may be, it is unlikely that there
are many good points to be made for your side. All first-class advocates concentrate on
what they consider to be their good points; they do not run the risk of alienating the
judge’s affections by producing obviously bad ones. If you must add indifferent points
to good ones, at least put the good ones first. A frequent fault is to read out passages
from textbooks as though they represented the last word on the law. Although
textbooks and treatises are not taboo in court, they should be used sparingly and
cautiously. What the judge principally wants to hear about are the relevant cases (and,
of course, statutes). It is always desirable, at least in the superior courts, to refer the
court to the cases cited by the writer for the propositions. As will have appeared
previously, judges do not take kindly to abbreviations in speech. Always use the official
longhand. The Royal Air Force, for example, should be so referred to, and not simply as
"the RAF". All moot court judges may and should give counsel a hot time by interjecting
questions and objections to the argument presented. (In this they will not behave quite
like real judges, who interrupt only occasionally). The objection need not represent the
judge' real opinion; this is done in order to see how the student council responds. If you
are counsel and recognize that the judge's objection is valid, concede the point
gracefully by saying, "I am obliged to your Lordship''. If you think you have an argument,
stand up for yourself and say, "with great respect, my Lord '', and so on. It does not
matter how convinced or dogmatic the judge appears to be: keep at your point as long
as you think you have some hope of success and the judge is still willing to listen to you.
When you think that the judge has got your point, do not go on repeating it. If you have
presented your case to the best of your ability, and the judge is evidently unconvinced,
accept defeat and sit down. All this advice applies equally to arguments in real cases. If
the judge intimates that you should take a certain course, say, "if your Lordship pleases".
The judge may have tried to throw you with an interruption partly because you were
reading your argument in a monotonous way. In answering the judge you will have had

72
to abandon your notes. Try to continue your argument without them, referring to them
only in order to read out an authority. In a moot, you should keep punctiliously to your
allotted time. In real life you will not have this limitation, but it will still be important not
to ramble and repeat yourself. After counsel have concluded their arguments the
presiding judge may invite members of the audience to express their opinions upon the
legal problem as amici curiae. The member of the court may then confer, and may
deliver their judgments in turn. If there are two students on the bench they may be
asked to deliver their judgments before the senior member. (My own opinion is that,
owing to the pressure of time, it is best if the senior member alone gives the judgment
without consulting the other members. The main function of the other members of the
court is to assist in putting possible objections to counsel.) The organizer of the moot
should consider its timing. Half an hour is the minimum for each side; so if the moot
starts at 8.30pm, and if three judges each take 10 minutes to give judgment, it is 10pm
even if not a minute has been lost-and this does not allow time for the presiding judge
to invite the audience to comment before judgment is given. It would be much better to
hold the moot, say, between 2 and 5pm. The presence of an audience is relatively
unimportant. Far better have many moots with a small, or even no audience, than one
moot with a large audience. The moot competition provides a further element of rivalry.
At the close of a moot the judge or judges declare which counsel or side performed
best; he, she or they then go on to the next round. Almost all of us can, if we wish. add
to the attractiveness of our speech. You will not be at ease speaking in court if you are
conscious of defects in this respect. For all who have to speak regularly, money is well
spent on lessons in elocution (speech training); but some blemishes can be cured by
self-help. Many experienced speakers mar their conversations as well as their orations
with a profusion of “um"s and "er"s which distract attention. Other bad habits are using
"I mean" and "you know". The simplest way to cure these defects- which probably exist
in your own speech, although you are unaware of them-is to record your conversation
with some other person on a serious subject in which you are both interested, and then
listen to it critically. Probably you will be surprised at the imperfections in your own
expression. Only by means of a recording device can you hear yourself as others hear
you. Try to eliminate all the "filled pauses" in your speech: moments of silence are

73
usually far more impressive than meaningless noises. Poor. slurred speech is another
common defect. As a Spanish observer caustically wrote: "To learn English you must
begin by thrusting the jaw forward, almost clenching the teeth, and practically
immobilizing the lips" (Jose Ortega y Gasset) As things are going, the clarity and music
of our language will remain only in the BBC sound archives. Good diction can still be
heard occasionally, particularly on Radio 3, so that no one who aspires to self-
improvement need lack exemplars; yet many people are content to mumble and fumble
their words. If your speech suffers from this defect, your teachers are unlikely to tell you
if it. They have not the time (or expertise) for speech training, and are perhaps afraid to
embarrass you, and by criticizing your speech to add to your shyness in discussion.
(They may themselves have fallen victims to the cull of mediocrity in articulation. as
though slovenly speech is a way of expressing radical views.) Lawyers, above almost all
others, should be able to express themselves clearly and pleasantly. Do you open your
lips properly when speaking, or do you try to talk like a ventriloquist? (If you took singing
lessons the first instruction would be to open your mouth, and the same applies to
speech.) Do you need to turn your volume control up? Quite a number of the people you
speak to will be getting on in years and have lost their sharpness of hearing. Some
people not only fail to speak up but talk with their hands wandering to cover their
mouths.

OTHER COMPETITIONS
A number of different sorts of competitions involving the acquisition and display of
legal skills such as client interviewing, negotiation and the examination of witnesses are
now held. There is also now a formidable list of internationally organized ( which as its
title implies is set around a problem in International Law) which is held annually in
Washington, and the William C. Vis International Commercial Arbitration Moot which
takes place in Vienna and in Asia. A number of these competitions are discussed in the
book by C. Kee mentioned in the reading section at the end of this chapter. Participation
in such events is expensive, the competition is fierce since the participants come from
universities and other institutions the world over, and they are very time consuming. As
a result, not all Law schools can afford to send a team, but the opportunities that they

74
afford to the lucky few are considerable.

SPEAKING IN PUBLIC
It is an excellent thing to take part in debates. The skills involved in addressing a jury are
common to the skills involved in public speaking. Here are a few hints for speech-
making of any kind. Plan your speech under a number of points so that it has a definite
structure. Write it out in full, reflect on it overnight and polish it the next day. Then
summarize the main headings on a small card or cards about the size of a postcard.
Include in the card any figures, quotations, names, key phrases or other material which
you wish to state exactly. Read through the full speech several times, preferably aloud
and preferably into a tape-recorder, but do not succeed in being word-perfect, and there
is danger in reciting a memorized speech either of appearing unnatural or of forgetting a
complete section, or even coming to a dead halt. If you play back a recording of the
rehearsal, consider whether you spoke at the right moment. When on your feet before
the audience, have the outline card or cards in your hand and, with this aid, speak
naturally in the way you have planned. The commonest fault among inexperienced
speakers (and even many experienced ones) is to speak too fast. All good advocates
speak with great deliberation and force. Tell yourself before you begin that you are
going to speak slowly, and keep reminding yourself to do so. Don't hide behind any
furniture if you can help it, and don't fold your arms or fiddle with your ears, your
spectacles, or anything else. Look at the audience as you speak, and turn to different
sections of them. You may use your hands to emphasize points-not in too exaggerated
a way, but sufficiently to show that you are putting your whole being into it. When you
are not using your hands in this manner, keep them at your sides. Don't sidle around;
keep your feet still. If you make a joke, pause before the punch line-and let the audience
know that humor is about to enliven the proceedings by enjoying it yourself beforehand.
If you are nervous, console yourself with the thought that the initially nervous speaker
often performs far better than the stolid individual with no nerves. And remember that
the audience is on your side. They want to be engrossed by your speech; they want the
occasion to be a success. They are not there to criticize you, unless you force the
criticism on them. Ask a friend to observe your performance and to report to you on it

75
with ruthless candor. Ask particularly whether you have any irritating mannerisms:
scratching yourself, flicking your hair, pulling your clothes, waving your arms unduly, or
swaying hypnotically.

MOCK TRIALS
A mock trial differs from a moot in that it is a mock jury-trial, with jury and witnesses,
not an argument on law. The proceedings may be somewhat humorous; witnesses
may dress themselves up, and court and counsel wear robes (if procurable). The
audience may consist of non-lawyers, who, of course, come simply to be entertained.
Since the trial is unrehearsed, it requires a high standard of forensic ability on the part
of the student "council"; and the proceedings should either be leavened by humor or
present an intellectual problem of the "whodunit" type. There are two ways in which the
"case" may be raised. It may have been enacted beforehand by the witnesses, so that
they testify to what they have actually witnessed; alternatively, the organizer of the
mock trial may simply have given to each witness a statement of his evidence, which
he or she is expected to remember. The former method requires some effort, but it
makes the case more realistic when it comes to cross-examination, and it enables the
preliminary proceedings, including the interviewing of witnesses and briefing of
counsel, to be done by student "solicitors''. The actual trial is, of course, a valuable
experience for budding advocates who take part in it as counsel. It is a good plan to
set the scene of these cases (for example, the murder) in some place known to the
audience (such as the college or law school). Alternatively, the case can be modeled
upon an actual case in one of the Trials Series (below, p.266). try to depart from your
trial just sufficiently to prevent counsel using the same speeches and the same
questions to witnesses. Keep the number of witnesses down to five or six. See that the
legal participants have attended real trials in order to learn how things are done; the
clerk of the court in particular should know what the job involves. If you are at all
doubtful about the success of the evening, do not advertise the event outside your law
society. As another diversion from the serious business of moots, the students’ law
society may like to try one evening the game of "Alibi". The gathering divides into
groups of four, each group being composed of two prosecuting counsel and two

76
defendants. It is assumed that the two defendants have committed some crime at a
stated time-say between 10 and 11 pm last Wednesday-and have set up an alibi. They
go out of the room for not more than 10 minutes in order to prepare their story. They
then return, one at time, for cross-examination by the prosecuting counsel. Counsel's
aim is to break down the alibi by asking unexpected questions and so getting
contradictory answers from the two defendants. After the two cross examinations,
lasting perhaps 10 or I 5 minutes in all, the two counsel put their heads together for a
minute, and then one of them addresses the rest of the gathering, who have acted as
jury, and submits that the alibi has been broken down because of this and that
discrepancy. The jury signifies their verdict by a show of hands, the opinion of the
majority being taken. A master of ceremonies is needed to dispatch successive pairs
of defendants out of room, in order to keep the game going continuously. Would-be
lawyers will give not at all a bad test of their powers of advocacy. No training for would
-be defendants is intended. A somewhat similar game is called "False Evidence". Three
masked “defendants" are interrogated on their day-to-day lives by two counsel. One of
these defendants has assumed a completely false name and occupation, and it is the
task for the jury to decide which. Each defendant must submit to counsel a week in
advance a couple of hundred words containing a life summary, and this enables
counsel to prepare their questions. Each defendant calls a witness who has also
submitted a statement with the facts of his or her life. particularly where that life
crosses that of the defendant. In the case of the innocent parties they must have
known each other for at least two years. The witness is not to shake the evidence and
establish discrepancies between the defendant and the witness. Each defendant and
witness are given a limited time-say 15 minutes altogether-in the box. The judge sums
up briefly to the jury, who consider and announce their verdict. The imposter then
declares himself, and it is interesting to see if the judicial process has succeeded in
ascertaining the truth of the matter. It may be mentioned that the written statements
do not identify who the person is. Two or three trials may be held on the same evening.
Yet another variant is "Third Degree". One member of the party 1s selected as the
defendant: who is told the outline of an alibi defense and has to fill the details
impromptu under questioning. For example, the defendant may be told that the alibi

77
relates to a period between 2 and 5 pm last Thursday, when she left the house after
lunch and took a train to a named neighboring town and visited a friend in time for tea.
The defendant on being told this alibi must immediately amplify it under questioning,
and can be ""gonged" for undue hesitation in answering or for any vagueness in
answering (she must not say "I think so" or "that is probably what I would have done").
She can also be gonged for self-contradiction. The object of the rest of the company,
who ask questions for 15 minutes, is to establish a self contradiction. Leading
questions may be asked: for example, if the defendant says that she was not carrying
a raincoat, she can later be asked whether the host put her raincoat on a peg in the hall
or somewhere else? If the defendant is gonged, or runs for the allotted time without
mishap, another outline alibi can immediately be supplied to another volunteer
defendant. A beauty of this game is that it can be played by two players only, and it
may help you to bring out unsuspected ability as an implacable interrogator.For the
procedure at a mock trial, consult any book on criminal or civil procedure. "Counsel"
should make themselves acquainted not only with this procedure but with the main
rules of evidence, for example, those relating to leading questions.

*******

ABOUT THE AUTHOR

Glanville Williams studied in the University of Cambridge and the University of Wales,
then enrolled in the bar and became a member of Middle Temple in 1935. He was a
research fellow from 1936-1942 and completed his Ph.D in law at the St.John's
University of Cambridge.

ACADEMIC CAREER
He started as a reader specializing in English law, and went on to become a professor
in public law, and jurisprudence at the university of London, from 1945- 53, from 1957-
68 worked as a professor of law in the University of Cambridge. He also served in
many official committees especially - The Criminal Law Revision Committee between

78
1959 and 1980. He wrote a number of books and is considered as Britain's foremost
scholar of criminal law. Some of the books written by him are Text books on Criminal
Law. Criminal Law: The General Part, Joint Obligations (1949). The Law Reports
( 1943). The book Learning the Law, from which this essay is taken, was written in
1945. It was written as a small introduction about law studies for the new entrants to
legal education. This book remains indispensable to any would-be law students.

LESSON ANALYSIS
Glanville Williams has authored a book entitled "Learning the Law". There are 14
chapters in that book. All these chapters can be taken as advice to students who take
up the study of law. The Chapter "Moots and Mock Trials" deals mainly with the
importance of practice of advocacy skills by law students. As fluency and clear
enunciation are important for a lawyer, taking part in moots helps the law student to
gain these skills. Mooting helps students to speak fluently and clearly, gives
experience in the art of persuasion and to put a case as intelligibly as possible.

LAW STUDENTS AND MOOTS

Taking part in moot helps the law students to not only speak fluently and clearly, but
also helps them to develop the art of persuasion and present the facts of the case
intelligibly. It also gives practice in court proceedings. Moots are legal problems where
imaginary cases are argued by two student councils. Each team has a leader and a
junior council. It will be judged by a bench of one or three judges. In England the
student law society takes the responsibility of organizing moots. It can also be
organized by a teacher or practicing lawyer or by the students themselves.

STRUCTURE AND ORGANIZATION

Normally two separate points for argument shall be there before hearing both sides
should exchange their main proposition and authorities which they are sighting. Each
side should take time from 30 minutes to a maximum of 40 minutes to present their
case. The moot is started by the judge calling upon the council to start the proceedings.
The student council has to abide by the court procedure and conduct. While speaking

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they have to rise to their feet and do so. The author also advises the students on how
to address his team mate, opposition council and the judges. While addressing a judge
initially, "My Lord" is the mode of addressing. While "Your Lordship" can be used in the
course of argument. If it's a lady judge, "My Lady" is the mode of addressing at the
initial stage, While "Your Ladyship" can be used in the course of argument. The fellow
team mate should be addressed as "My Co-Council" and the opposition council can be
addressed as "My learned friend on the other side". Refer to the King or Queen as "The
Crown".

RULES ON SUBMISSION
The rules stated by Glanville Williams are on the importance of enumerating points to
be made by the senior and the junior council. They have to maintain eye contact with
the judges to find out the level of interest of the judges. They should not give their
opinion or judgment. They should not read out the argument or passage and should
give a few citations but not to overload them. They should take adequate care to make
available casebooks for the bench which you were referring to. They should not cite
longish cases. And if the judge says not to continue with the point, drop that and go to
the next one. Interruptions by the judges are the important part of the moot as also
questioning. If you accept the judge's objection you reply by saying "Much obliged your
Lordship" but if you have to proceed with a different perspective you stand up and say
"With great respect my Lord ". If the judge intimates that you should follow a distinct
course you should say "If your Lordship pleases ". The author also suggests that
members (i.e.) other students may be invited as Amicus Curiae for giving their opinion
after the argument. And finally the judges declare the winner who can go on for the
next round. Apart from that the author insists that it is always better to keep improving
our style of speaking. It can be done through moots or by listening to your recorded
speeches. The filled pauses, searching for apt words and repeating certain terms like
"U know, as such, gap fillers' ' have to be eliminated from the speech. He also gives
advice on right accent, right voice modulation and right articulation.
SPEAKING IN PUBLIC
Glanville Williams also gives tips on how to speak in public which are almost similar to

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lawyers arguing skills. The main points are;
i. Planning the speech along with the points to be discussed.
ii. Give main headings and subheadings and remember what to
speak under that.
iii. Read the full text of the speech many times to understand what
you are going to say.
iv. Before the audience just have the points and speak naturally
without reading.
v. Never speak fast, speak with great deliberation and force.
vi. Look composed and use non-verbal gestures sparingly.
vii. Before the main addresses speak to your friend and get corrected
and then face the audience with confidence.
MOCK TRIALS
Mock Trials are different from the moot by Jury and Witnesses. Mock trials help us to
fine tune our cross examination skills. A mock trial can be made by an actual trial so
that speeches and questions to the witnesses are different. 5-6 witnesses shall be the
maximum. In mock trials the game of alibi can also be tried out. For example, two
defendants committed a crime at a point of time and have set up an alibi. The council
through cross examination has to breakdown the alibi and get the answer. After 10-15
minutes if the jury has arrived at some truth they can show some truth they can show
the verdict of the majority opinion. Two such pieces of evidence can be constantly sent.
Another game in this is false evidence. Three masked defendants are interrogated by
the jury, as one of them has assumed a fake name and occupation. Prayer information
of the activities has to be submitted to the jury member. This evidence is allowed to
continue until the imposter then declares himself. At times the jury member succeeds
and sometimes the imposter succeeds. The final variant is "Third Degree". One member
is given the details of the alibi and the other member has to question him to establish
self-contradiction. Such voluntary defendants can be sent one after the other in 15
minutes. This act helps in developing the art of imagination.
CONCLUSION
Thus, in this lesson "Moots and Mock Trials" author "Glanville Williams" gives concrete

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advice to the law students in developing their advocacy skills through mooting and
cross examination skills through mock trials.

*******

5. SOME REMINISCENCES OF THE BAR

-M.K. Gandhi

Before coming to a narrative of the course my life took in India, it seems necessary to
recall a few of the South African experiences which I have deliberately left out. Some
lawyer friends have asked me to give my reminiscences of the bar. The number of these
is so large that, if I were to describe them all, they would occupy a volume by
themselves and take me out of my scope. But it may not perhaps be improper to recall
some of those which bear upon the practice of truth. So far as I can recollect. I have
already said that I never resorted to untruth in my profession, and that a large part of my
legal practice was in the interest of public work, for which I charged nothing beyond out-
of-pocket expenses; and these too I sometimes met myself. I had thought that in saying
this I had said all that was necessary as regards my legal practice. But friends want me
to do more. They seem to think that, if I described however slightly, some of the
occasions when I refused to swerve from the truth, the legal profession might profit by
it. As a student I had heard that the lawyer's profession was a liar's profession. But this
did not influence me, as I had no intention of earning either a position or money by lying.
My principle was put to the test many times in South Africa. Often I knew that my
opponents had tutored their witnesses, and if I only encouraged my client or his witness
to lie, we could win the case. But I always resisted the temptation. I remember only one
occasion when. After having won a case, I suspected that my client had deceived me. In
my heart of hearts I always wished that I would win only if my client's case was right. In

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fixing my fees I do not recall ever having made them conditional on my winning the case.
Whether my client won or lost, I expected nothing more or less than my fees. I warned
every new client at the outset that he should not expect me to take up a false case or to
coach the witnesses, with the result that I built up such a reputation that no false cases
used to come to me. Indeed, some of my clients would keep their clean cases for me,
and take the doubtful ones elsewhere. There was one case which proved a severe trial.
It was brought to me by one of my best clients. It was a case of highly complicated
accounts, and had been a prolonged one. It had been heard in parts before several
courts. Ultimately, the book-keeping portion of it was entrusted by the court to the
arbitration of some qualified accountants. The award was entirely in favor of my client,
but the arbitrators had inadvertently committed an error in calculation which, however
small, was serious, inasmuch as an entry which ought to have been on the debit side
was made on the credit side. The opponents had opposed the award on other grounds. I
was junior counsel for my client. When the senior counsel became aware of the error, he
was of the opinion that our client was not bound to admit it. He was clearly of the
opinion that no counsel was bound to admit anything that went against his client's
interests. I said we ought to admit the error. But the senior counsel contended: 'In that
case there is every likelihood of the court canceling the whole award, and no sane
counsel would imperil his client's case to that extent. At any rate, I would be the last
man to take any such risk. If the case were to be sent up for a fresh hearing, one could
never tell what expenses our client might have to incur, and what the ultimate result
might be!" The client was present when this conversation took place.
I said: 'I feel that both our client and we ought to run the risk. Where is the certainty of
the court upholding a wrong award simply because we do not admit the error? And
supposing the admission were to bring the client to grief, what harm is there? "But why
should we make the admission at all? " said the senior counsel. "Where is the surety of
the court not detecting the error or our opponent not discovering it?" I said. Well, then
will you argue the case? I am not prepared to argue it on your terms. Replied the senior
counsel with a decision. I humbly answered: If you will not argue, then I am prepared to
do so, if our client so desires. I shall have nothing to do with the case if the error is not
admitted. " With this I looked at my client. He was a little embarrassed. I had been in the

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case from the very first. The client fully trusted me, and knew me through and through.
He said: "Well. Then, you will argue the case and admit the error. Let us lose, if that is to
be our lot. God defends the right." I was delighted. I had expected nothing less from him.
The senior counsel again warned me, pitied me for my but congratulated me all the
same.
About Author:
Mahatma Gandhi, byname of Mohandas Karamchand Gandhi, (born October 2, 1869,
Porbandar, India—died January 30, 1948, Delhi), Indian lawyer, politician, social activist,
and writer who became the leader of the nationalist movement against the British
rule of India. As such, he came to be considered the father of his country. Gandhi is
internationally esteemed for his doctrine of nonviolent protest (satyagraha) to achieve
political and social progress.

In the eyes of millions of his fellow Indians, Gandhi was the Mahatma (“Great Soul”).
The unthinking adoration of the huge crowds that gathered to see him all along the
route of his tours made them a severe ordeal; he could hardly work during the day or
rest at night. “The woes of the Mahatmas,” he wrote, “are known only to the Mahatmas.”
His fame spread worldwide during his lifetime and only increased after his death. The
name Mahatma Gandhi is now one of the most universally recognized on earth.

Lesson Analysis
This essay is part of Gandhi’s autobiography. Gandhi is asked by his friend to narrate
some interesting anecdotes when he was practicing as an advocate, and which tested
his principle of speaking the truth. Gandhi recollects one such case wherein there was
pressure to move away from his stand of speaking the truth at any cost. There is a
popular saying in legal circles that goes like this, “A good lawyer is a good liar”. But he
refused to accept that and preferred not getting cases to uttering lies. The case that
tested Gandhi’s resolve was narrated by him. Gandhi and his senior won a case, details
of which are not shared by Gandhi. Their client got a hefty compensation. While going
through the judgment, Gandhi found a mistake in calculating the compensation, which
enhanced the amount to be received by their client. He immediately informed the Judge

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and the client who was also there in their office at that time. Gandhi told the senior that
it should be brought to the notice of the judiciary. The senior advocate was not in favour
of it as they did not do the miscalculation. He asked Gandhi to forget the matter. But
Gandhi felt that if the other party finds this mistake and if they go to court for the refund
of the excess amount, their client would have to pay it back. Despite senior not
accepting, Gandhi was adamant and said he will opt out of the case if it is not taken to
the court’s knowledge. Gandhi then asked the opinion of the client who was keenly
listening to the conversation between the two advocates in their office. The client’s
permission to inform the court about the calculation error was sought. Despite the fact
that he will lose a major part of the compensation amount, the client gave the nod for
Gandhi to go ahead. He told Gandhi that even if he will not get any amount, he would
abide by Gandhi’s decision. Gandhi was elated on hearing those words from the client
and took permission from his senior to inform the court. The senior advocate blessed
Gandhi and permitted him to proceed with that task. Thus Gandhi’s perseverance paid
off. Despite pressure to move away from his chosen path and to stick on to truth at any
cost, helped Gandhi to gain many admires. He refused to succumb to pressure.
Probably that is one of the reasons he is hailed as the Mahatma, a great soul indeed.
********

6. DUE PROCESS OF LAW

-Lord Denning

FULL TEXT OF THE LESSON

1. In my own presence
It is an old phrase - 'contempt in the face of the Court'. It means a contempt which the
Judge sees with his own eyes: so that he needs no evidence of witnesses. He can deal
with it himself at once. The most quoted case goes back to the year 1631. It was at
Salisbury, on the Western Circuit. A prisoner threw a brickbat at the Judge of Assize. It
was originally reported in Norman-French. That was the language that was commonly
in use by lawyers and reporters at that time. But put into English, the translation is
given in 3 Dyer, at 188h. 'Richardson Chief Justice of C.B. at the assizes at Salisbury in

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the summer of 1631 was assaulted by a prisoner condemned there for felony, who
after his condemnation threw a brickbat at the said Judge which narrowly missed and
for this an indictment was immediately drawn by Noy against the prisoner, and his right
hand cut off and fixed of the gibbet, upon which he was immediately hanged in the
presence of the Court. I have often told of that case to students with the apocryphal
addition: 'The Judge had his head on one side of his hand as the brickbat whizzed past.
Straightening himself up, he said. "If I'd been an upright judge, I would no longer be a
judge'". Leaving the reported cases, I can give evidence of what I have seen with my
own eyes. I was a junior waiting in the Court of Appeal for my case to be reached. It
was in the Court next to Carey Street. Just before the midday adjournment, a man got
up from the row behind me. He threw a tomato at the Judges. It was not a good shot. It
passed between Lords Justices Clauson and Goddard. It hit the paneling with a loud
squish. They were taken aback. They adjourned for a few minutes. Then they returned,
had him brought up, and sentenced him straightaway to six weeks' imprisonment.
Later on, when I was sitting as a Lord Justice in the same Court with Lord Justice
Bucknill, it was similar, but not the same. It was a hot day. Counselors were talking
about a lot of hot air. A man got up with his stick and smashed the glass window. To
let in some fresh air, I suppose. At any rate, we did not commit him for contempt of
court. We sent him off to Bow Street to be dealt with for malicious damage. Still later,
when I was presiding, we became more lenient. On every Monday morning we hear
litigants in person. Miss Stone was often there. She made an application before us. We
refused to do it. She was sitting in the front row with a bookcase within her reach. She
picked up one of Butterworth's 'Workmen's Compensation Cases' and threw it at us. It
passed between Lord Justice Diplock and me. She picked up another. That went wide
too. She said, ‘I am running out of ammunition'. We took little notice. She had hoped we
would commit her for contempt of court - just to draw more attention to herself. As we
took little notice, she went towards the door. She left, saying: 'I congratulate your
Lordships on your coolness under fire'.

2. The Welsh students invade the Court

It was a dramatic case. Students of Wales were very enthusiastic about the Welsh
•

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language and they were very upset because the programmes to Wales were being
broadcast in English and not in Welsh. They demonstrated to protest. They came up to
London. They invaded the Court. I could see their point of view: for I have a special
relationship with Wales. During the First World War 1 was a second lieutenant in the
Royal Engineers. I myself am, of course, English on both sides, from time without
memory. But I was posted to the 151st Field Coy, of the Royal Engineers which was
attached to the 38th (Welsh) Division. I wore on my arm-flash the Red Dragon of Wales.
I served with them in France. One of my proudest records (I was just 19) is an entry in
the history of the Welsh Division recording the night of 23124 August 1918 when we
advanced across the river Ancre under heavy shell and rifle fire: ‘Meanwhile two
battalions of the 115th Brigade had crossed the Ancre at Avelcy over a bridge made by
the 151st Field Company RE under the supervision of Lieutenants Denning and Butler
and formed up on a one battalion frontage on the left of 1 I 3th Brigade'. A simple entry
of a brave occasion. But I record it now because of some comments I received after
the case of the Welsh students. Morris v Crown Office1. It was the first case in which
the Court of Appeal had to consider ‘contempt in the fact of the Court’. Eleven young
students had been sentenced to prison. Each for three months. They were all from the
University of Aberystwyth. They were imbued with Welsh fervor. They were sentenced
on Wednesday, 4 February 1970. I always see that urgent cases are dealt with
expeditiously. We started their appeal on Monday, 9 February and decided on
Wednesday,11 February. I also have some say in the constitution of the Court. So I
arranged for one of the Welsh Lords Justices to sit. Lord Justice Arthian Davies was
well qualified. He was not only Welsh. He could speak Welsh. He sat with Lord Justice
Salmon and me. We heard the argument on Monday and Tuesday. We discussed the
case on Wednesday morning and delivered judgment on Wednesday afternoon. We
had to do it so quickly that I hope you wil1 excuse its imperfections. But these are
some extracts from it2 ‘Last Wednesday, just a week ago. Lawton J, a judge of the High
Court here in London, was sitting to hear a case. It was a libel case between a naval
officer and some publishers. He was trying it with a jury. It was no doubt an important

87
case, but for the purposes of today it could have been the least important. It does not.
For what happened was serious indeed. A group of students, young men and young
women, invaded the court. It was clearly prearranged. They had come all the way from
their University of Aberystwyth. They strode into the well of the court. They flocked into
the public gallery. They shouted slogans. They scattered pamphlets. They sang songs.
They broke up the hearing. The judge had to adjourn. They were removed. Order was
restored. 'When the judge returned to the court, three of them were brought before him.
He sentenced each of them to three months’ imprisonment for contempt of court. The
others were kept in custody until the rising of the court.. Nineteen were then brought
before him. The judge asked each of them whether he or she was prepared to
apologize. Eight of them did so. The judge imposed a fine of £50 on each of them and
required them to enter into recognisances to keep the peace. Eleven of them did not
apologize. They did it, they said, as a matter of principle and so did not feel able to
apologize. The judge sentenced each of them to imprisonment for three months for
contempt of court. 'In sentencing these young people in this way the judge was
exercising a jurisdiction which goes back for centuries. It was well described over 200
years ago by Wilmot J in an opinion which he prepared but never delivered... It is a
necessary incident", he said. "to every court of justice to fine and imprison for a
contempt of the court acted in the face of it". That is R v Almon ( 1765) Wilm 243. 254.
The phrase "contempt in the face of the court" has a quaint old-fashioned ring about it;
but the importance of it is this: of all the places where law and order must be
maintained, it is here in these courts. The course of justice must not be deflected or
interfered with. Those who strike at it strike at the very foundations of our society. To
maintain law and order, the judges have, and must have, power at once to deal with
those who offend against it. It is a great power - a power instantly to imprison a person
without trial - but it is a necessary power. So necessary, indeed, that until recently the
judges exercised it without any appeal. There were previously no safeguards against a
judge exercising his jurisdiction wrongly or unwisely. This was remedied in the year
1960. An appeal now lies to this court; and, in a suitable case, from this court to the
House of Lords. With these safeguards this jurisdiction can and should be maintained.
'Eleven of these young people have exercised this right to appeal: and we have put all

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other cases aside to hear it. For we are here concerned with their liberty: and our law
puts the liberty of the subject before all else. 'At this point I would pay a tribute to the
way in which Mr. Watkin Powell conducted this appeal on their behalf. He did as well
as any advocate I ever heard. We have been much assisted too by the Attorney-General,
who came here, not as prosecutor, but as a friend of the court. He put all the relevant
considerations before us to our grateful benefit. 'I hold, therefore, that a judge of the
High Court still has power at common law to commit instantly to prison for criminal
contempt, and this power is not affected in the least by the provisions of the Act of
1967. The powers at common Jaw remain intact. It is a power to fine or imprison, to
give an immediate sentence or to postpone it, to commit to prison pending his
consideration of the sentence, to bind over to be of good behavior and keep the peace,
and to bind over to come for judgment if called upon. These powers enable the judge
to give what is, in effect, a suspended sentence. I have often heard a judge say at
common law, for ordinary offenses, before these modem statutes were passed: "I will
bind you over to come up for judgment if called upon to do so. Mark you, if you do get
into trouble again, you will then be sentenced for this offense. I will make a note that it
deserves six months' imprisonment. So that is what you may get if you do not accept
this chance". 'That is the common law way of giving a suspended sentence. It can be
done also for contempt of court.'I come now to Mr. Watkin Powell's third point. He says
that the sentences were excessive. I do not think they were excessive, at the time they
were given and in the circumstances then existing. Here was a deliberate interference
with the course of justice in a case which was no concern of theirs. It was necessary
for the judge to show -and to show to all students everywhere - that this kind of thing
cannot be tolerated. Let students demonstrate, if they please, for the causes in which
they believe. Let them make their protests as they will. But they must do it by lawful
means and not by unlawful means. If they strike at the course of justice in this land -
and I speak both for England and Wales - they strike at the roots of society itself, and
they bring down that which protects them. It is only by the maintenance of law and
order that they are privileged to be students and to study and live in peace. So let them
support the law and not strike it down. 'But now what is to be done? The law has been
vindicated by the sentences which the judge passed on Wednesday of last week. He

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has shown that law and order must be maintained, and will be maintained. But on this
appeal, things are changed. These students here no longer defy the law. They have
appealed to this court and shown respect for it. They have already served a week in
prison. I do not think it necessary to keep them inside any longer. These young people
are no ordinary criminals. There is no violence. dishonesty or vice in them. On the
contrary, there was much that we should applaud. They wish to do all they can to
preserve the Welsh language. Well may they be proud of it. It is the language of the
bards - of the poets and the singers - more melodious by far than our rough English
tongue. On high authority. it should be equal in Wales with English. They have done
wrong - very wrong - in going to the extreme they did. But, that having been shown, I
think we can, and should, show mercy on them. We should permit them to go back to
their studies, to their parents and continue the good course which they have so wrongly
disturbed. 'There must be security for the future. They must be of good behavior. They
must keep the peace. I would add, finally, that there is power in this court, in case of
need, to recall them. If it should become necessary, this court would not hesitate to call
them back and commit them to prison for the rest of the sentence which Lawton J
passed on them. 'Subject to what my brethren will say in a few moments. I would
propose that they be released from prison today, but that they be bound over to be of
good behavior, to keep the peace and to come up for judgment if called upon within the
next 12 months'. Now I return to the commentators. The reaction from England was
expressed in two anonymous postcards that I received. One said 'You lousy coward'.
The other said 'You ought to resign·. But the reaction from Wales was one of entire
satisfaction. The newspapers applauded us. A Dean of Divinity wrote simply, 'Thank
you for doing justice by our young people'.

3. The Official Solicitor comes in with the Devil

That contempt was done 'in the face of the Court'. The Judge• saw it with his very eyes.
He witnessed it. So he needed no evidence to prove it. Is this kind of contempt limited
to what the Judge himself sees? Suppose he sees nothing himself, but he has to have
witnesses to prove it. Can the Judge then try it summarily? Is the offender entitled to
legal representation? Is he entitled to claim trial by jury? Those important questions

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came up for decision in another case. It is Balogh v St. Albans Crown Court. Mr. Balogh
was a young man of whom the newspapers took some notice: for he was the son of
the distinguished economist Lord Balogh. He played a practical joke and found himself
sentenced to prison. Melford Stevenson J sentenced him to six months' imprisonment.
As Mr. Balogh wished to appeal, so he wrote to the Official Solicitor. Now the Official
Solicitor is the most useful person. He looks after the interests of those who cannot, or
will not, look after themselves. Such as infants and persons in need of care and
protection. He takes a special interest in persons committed for contempt of court:
because people are sometimes a bit obstinate. Quite often a wife gets an order
against her husband for the sale of the house - he disobeys it and is committed for
contempt. He would rather stay in prison indefinitely than give up the house to his wife.
In such a case the Official Solicitor takes up the case for him and gets him released. as
in Danchevsky v Danchevsky. 1 Such persons often refuse to do anything to purge their
contempts. They take no steps to appeal. They sit sullenly aggrieved in their prison
cells. They may sit there indefinitely unless somebody does something to bring their
case before the Court. So the Official Solicitor does it. The Official Solicitor took up the
case of Mr. Balogh. He lodged notice of appeal. But who was to be respondent to the
appeal? It could not be the Judge. No judge can be sued, served or summoned for
anything he does as a judge. So we invited the Attorney-General to appoint a counsel
as amicus curiae - that is, as a friend of the Court - to help us. That is the practice. The
Attorney-General appointed the Treasury ‘Devil’. Mr. Gordon Slynn. A 'devil', in the eyes
of the law, is an unpaid hack. When I started at the Bar, I often looked up cases and
even wrote opinions for a barrister senior to me - and was not paid a penny. I 'devilled'
for him. I did it to get experience. It is different now. A 'devil' is alway paid for his work.
The Treasury 'Devil' is the best of devils. He is the pick of the juniors at the Bar with a
reversion to a judgeship. Mr. Gordon Slynn was outstanding. The best r ha, e ever
known. He will go far.

4. The 'laughing gas' does not escape

Mr. Balogh's practical joke is so entertaining - and the Judge's handling of it so
instructive – that would simply quote from it and let my judgment speak for itself':

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'There is a new Court House at St. Albans. It is air-conditioned. In May of this year the
Crown Court was sitting there. A case was being tried about pornographic films and
books. Stephen Balogh was there each day. He was a casual hand employed by
solicitors for the defense, just as a clerk at £5 a day, knowing no law. The case
dragged on and on. He got exceedingly bored. He made a plan to liven it up. He knew
something about a gas called nitrous oxide (N20 ). It gives an exhilarating effect when
inhaled. It is called "laughing gas". He had learned all about it at Oxford. During the trial
he took a half cylinder of it from the hospital car park. He carried it about with him in
his briefcase. His plan was to put the cylinder at the inlet to the ventilating system and
to release the gas into the court. It would emerge from the outlets which were just in
front of counsel's row. So the gas, he thought, would enliven their speeches. It would
be diverting for the others. A relief from the tedium of pornography. So one night when
it was dark he got on to the roof of the court house. He did it by going up from the
public gallery. He found the ventilating ducts and decided where to put the cylinder.
Next morning, soon after the court sat, at 11.15, he took his briefcase, with the cylinder
in it, into court no. 1. That was not the pornography court. It was the next door court. lt
was the only court which had a door leading up to the roof. He put the briefcase on a
seat at the back of the public gallery. Then he left for a little while. He was waiting for a
moment when he could slip up to the roof without anyone seeing him. But the moment
never came. He had been seen on the night before. The officers of the court had
watched him go up to the roof. So in the morning they kept an eye on him. They saw
him put down his briefcase. When he left for a moment, they took it up. They were
careful. There might be a bomb in it. They opened it. They took out the cylinder. They
examined it and found out what it was. They got hold of Balogh. They cautioned him.
He told them frankly just what he had done. They charged him with stealing a bottle of
nitrous oxide. He admitted it. They kept him in custody and reported the matter to
Melford Stevenson J who was presiding in court no.I (not the pomography court). At
the end of the day's hearing, at 4.15 p.m., the judge had Balogh brought before him.
The police inspector gave evidence. Balogh admitted it was all true. He meant it as a
joke. A practical joke. But the judge thought differently. He was not amused. To him it
was no laughing matter. It was a very serious contempt of court. Balogh said: "I am

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actually in the wrong court at the moment.... The proceedings which I intended to
subvert are next door. Therefore, it is not contempt against your court for which I -;
should be tried". The judge replied: "You were obviously intending at least to disturb the
proceedings going on in courts in this building. of which this is one…You will remain in
custody tonight and I will consider what penalty I impose on you… in the morning". Next
morning Balogh was brought again before the judge. The inspector gave evidence of
his background. Balogh was asked if he had anything to say.
He said: "I do not feel competent to conduct it myself. I am not represented in court. I
have committed no contempt. I was arrested for the theft of the bottle. No further
charges have been preferred".
The judge gave sentence: "It is difficult to imagine a more serious contempt of court
and the consequences might have been very grave if you had carried out your express
intention. I am not going to overlook this and you will go to prison for six months.... I
am not dealing with any charge for theft I am exercising the jurisdiction to deal with the
contempt of court which has been vested in this court for hundreds of years. That is
the basis on which you will now go to prison for six months.” Balogh made an uncouth
insult: "You are a humorless automaton. Why don't you self-destruct?" He was taken
away to serve his sentence.'Eleven days later he wrote from prison to the Official
Solicitor. In it,he acknowledged that his behavior had been contemptible, and that he
was now thoroughly humbled. He asked to be allowed to apologize in the hope that his
contempt would be purged. The Official Solicitor arranged at once for counsel to be
instructed, with the result that the appeal has come to this court. 'But I find nothing to
tell us what is meant by "committed in the face of the court". It has never been defined.
Its meaning is, I think, to be ascertained from the practice of the judges over the
centuries. It was never confined to conduct which a judge saw with his own eyes. It
covered all contempts for which a judge of his own motion could punish a man on the
spot. So "contempt in the face of the court'' is the same thing as "contempt which the
court can punish of its own motion". It really means "contempt in the cognizance of the
court".'Gathering together the experience of the past, then, whatever expression is
used, a judge of one of the superior courts or a judge of Assize could always punish
summarily of his own motion for contempt of court whenever there was a gross

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interference with the course of justice in a case that was being tried, or about to be
tried, or just over - no matter whether the judge saw it with his own eyes or it was
reported to him by the officers of the court, or by others -whenever it was urgent and
imperative to act at once. This power has been inherited by the judges of the High
Court and in turn by the judges of the Crown Court.‘This power of summary
punishment is a great power, but it is a necessary power. It is given so as to maintain
the dignity and authority of the court and to ensure a fair trial. It is to be exercised by
the judge of his own motion only when it is urgent and imperative to act immediately -
so as to maintain the authority of the court - to prevent disorder - to enable witnesses
to be free from fear - and jurors from being improperly influenced - and the like. It is, of
course, to be exercised with scrupulous care, and only when the case is clear and
beyond reasonable doubt: see R v Gray [1900] 2 QB 36, 41 by Lord Russell of Killowen
CJ. But properly exercised it is a power of the utmost value and importance which
should not be curtailed. 'Over 100 years ago Erie CJ said that "...these powers, as far as
my experience goes, have always been exercised for the advancement of justice and
the good of the public": see Ex parte Fernandez (1861) l0 CBNS 3.38. I would say the
same today. From time to time anxieties have been expressed lest these powers might
be abused. But these have been set at rest by section 13 of the Administration of
Justice Act 1960, which gives a right of appeal to a higher court.‘ As I have said, a
judge should act of his own motion only when it is urgent and imperative to act
immediately. In all other cases he should not take it upon himself to move. He should
leave it to the Attorney-General or to the party aggrieved to make a motion in
accordance with the rules in R.S.C., Ord. 52. The reason is so that he should not appear
to be both prosecutor and judge: for that is a role which does not serve him well.
Returning to the present case, it seems to me that up to a point, the judge was
absolutely right to act on his own motion. The intention of Mr. Balogh was to disrupt
the proceedings in a trial then taking place. His conduct was reported to the senior
judge then in the court building. It was very proper for him to take immediate action.
and to have Mr. Balogh brought before him. But once he was there, it was not a case
for summary punishment. There was not sufficient urgency to warrant it. Nor was it
imperative. He was already in custody on a charge of stealing. The judge would have

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done well to have remanded him in custody and invited counsel to represent him. If he
had done so counsel would, I expect, have taken the point to which I now turn.'When
this case was opened, it occurred to each one of us: Was Mr. Balogh guilty of the
offense of contempt of court? He was undoubtedly guilty of stealing the cylinder of gas,
but was he guilty of contempt of court? No proceedings were disturbed. No trial was
upsetting. Nothing untoward took place. No gas was released. A lot more had to be
done by Mr. Balogh. He had to get his briefcase. He had to go up to the roof. He had to
place the cylinder in position. He had to open the valve. Even if he had done all this, it is
very doubtful whether it would have had any effect at all. The gas would have been so
diluted by air that it would not have been noticeable...So here Mr, Balogh had the
criminal intent to disrupt the court, but that is not enough. He was guilty of stealing the
cylinder, but no more.'On this short ground we think the judge was in error. We have
already allowed the appeal on this ground. But, even if there had not been this ground, I
should have thought that the sentence of six months was excessive. Balogh spent 14
days in prison: and he has now apologized. That is enough to purge his contempt, if
contempt it was.
Conclusion
'There is a lesson to be learned from the recent cases on this subject. It is particularly
appropriate at the present time. The new Crown Courts are in being. The judges of
them had not yet acquired the prestige of the Red Judge when he went on Assize. His
robes and bearing made everyone alike stand in awe of him. Rarely did he need to
exercise his great power of summary punishment. Yet there is just as much need for
the Crown Court to maintain its dignity and authority. The judges of it should not
hesitate to exercise the authority they inherit from the past. Insults are best treated
with disdain - save when they are gross and scandalous. Refusal to answer with
admonishment - save where it is vital to know the answer. But disruption of the court
or threats to witnesses or to jurors should be visited with immediate arrest Then a
remand in custody and, if it can be arranged, representation by counsel. If it comes to a
sentence, let it be as such as the offense deserves - with the comforting reflection that,
if it is in error, there is an appeal to this court. We always hear these appeals within a
day or two. The present case is a good instance. The judge acted with firmness which

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became him. As it happened, he went too far. That is no reproach to him. It only shows
the wisdom of having an appeal'.

2 The victimization of witness

1 The trade union member is deprived of his office
Now I turn to a closely related topic. Every Court has to depend on witnesses. It is vital
to the administration of justice that they should give their evidence freely and without
fear. Yet everyone knows that witnesses may be suborned to commit perjury - they
may be threatened with dire consequences if they tell the truth - they may be punished
afterwards for telling the truth. You might think it obvious that it was a gross contempt
of court for anyone to intimidate or victimize a witness. Yet it was not until 1962 that
this was fully debated and considered. It was in Attorney-General v Butterworth.1 Mr.
Butterworth and others were on the committee of the branch of a trade union. One of
the members had given evidence which they disliked. He had given it before the
:
Restrictive Practices Court. Mr. Butterworth and others were determined to punish him
for it. They deprived him of his office as branch delegate and treasurer. It was reported
to the Attorney-General: because he has a public duty to prosecute for contempt of
court. He considered that the action of Mr. Butterworth and the others was a contempt.
He applied to the Restrictive Practices Court. They held it was not a contempt. The
Attorney-General appealed to our Court. Now I remember this case for a particular
reason. It was argued for three days on Wednesday, Thursday and Friday, 1l, 12 and 13
July l962. It was the 'night of the long knives'. The Prime Minister, Mr. Harold
Macmillan, dispensed with most of his ministers, at a minute's notice; they included
the Lord Chancellor, Lord Kilmuir. That left him very sore. Now one of the duties of the
Master of the Rolls is that he has to swear in any new Lord Chancellor. One day I was
warned that I would have to swear in a new Lord Chancellor. I was not told who he
was. But during that morning the Attorney-General, Sir Reginald Manningham-Buller
(who was arguing the case himself) asked to be excused for an hour or two. We
guessed the reason. He was arguing before us as Attorney-General. The next day he
was Lord Chancellor above us. We decided in his favor - but on the merit of his
argument - not because he had become Lord Chancellor. Things like that make no

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impact on us. As in all these cases we do not delay. We prepared our judgments over
the weekend and gave them on Monday morning. He was sworn in before us on
2
Tuesday. In the judgment we sought to enunciate the relevant principles: 'ln the case
of Butterworth,Bailey and Etherton, the predominant motive in the minds of each of
those gentlemen was to punish Greenlees for having given evidence in the

R.E.N.A. case....’ 'I cannot agree with the decision of the Restrictive Practices Court. It
may be that there is no authority to be found in the books, but if this be so, all I can say
is that the sooner we make one the better. For there can be no greater contempt than to
intimidate a witness before he gives his evidence or to victimize him afterwards for
having given it. How can we expect a witness to give up his employment, or to be
expelled from his trade union, or to be deprived of his office, or to be sent to Coventry,
simply because of that evidence which he has given? I decline to believe that the Law of
England permits him to be so treated. If this sort of thing could be done in a single case
with impunity. the news of it would soon get round. Witnesses in other cases would be
unwilling to come forward to give evidence, or, if they did come forward, they would
hesitate to speak the truth, for fear of the consequences. To those who say that there is
no authority on the point, I would say that the authority of Lord Langdale MR in Littler v.
Thomson3 is good enough for me: "If witnesses are in this way deterred from coming
forward in aid of legal proceedings. it will be impossible that justice can be
administered. It would be better that the doors of the courts of justice were at once
closed''. I have no hesitation in declaring that the victimization of a witness is a
contempt of court, whether done whilst the proceedings are still pending or after they
have finished. Such a contempt can be punished by the court itself before which he has
given evidence, and. so that those who think of doing such things may be warned where
they stand, I would add that if the witness has been damned by it he may well have
redress in a civil court for damages. 'Whilst I agree that there is no authority directly on
the point, I beg leave to say that there are many pointers to be found in the books in
favor of the view which I have expressed....'In most of the cases which I have mentioned
the witness had finished his evidence but the case itself was not concluded at the time
when the step was taken against him. Nevertheless the principle was laid down, as I
have shown, in terms wide enough to cover cases where the proceedings were
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concluded. And I must say that I can see no sense in limiting this species of contempt
to punishment inflicted on a witness while the case is still going on. Victimization is as
great an interference with justice when it is done after a witness gets home as before
he gets there. No such distinction is drawn in the case of interference with a juror. Nor
should it be drawn in the case of a witness. In R v Martin1 the jury convicted one John
Martin; the foreman of the jury had scarcely reached home and gone upstairs when the
prisoner's brother, James Martin, ca1led and challenged the foreman to mortal combat
for having bullied the jury. This was held by the court in Ireland to be a contempt of
court, as indeed it surely was. It does not matter whether the challenge was before or
after he got home. Nor could it matter in the case of a judge. Nor in the case of a
witness.'But when the act is done with mixed motives, as indeed the acts here were
done, what is the position? If it is done with the predominant motive of punishing a
witness, there can be no doubt that it is a contempt of court. But even though it is not
the predominant motive, yet nevertheless if it is an actuating motive influencing the step
taken, it is, in my judgment, a contempt of court. I do not think the court is able to, or
should, enter into a nice assessment of the weight of the various motives which, mixed
together, result in the victimization of a witness. If one of the purposes actuating the
step is the purpose of punishment, then it is a contempt of court in everyone so
actuated."We take into account the apology which has been offered by the members of
the union who have been brought here, and, as it is a case of considerable importance
which the Attorney-General has thought right to bring to this court, we do not think it
necessary to impose the whole burden of costs on these gentlemen....
2 The tenant is evicted from his home
Now there is an important point which arises when a witness is victimized - and suffers
loss on account of it. The contemnor can be punished by the Courts by fine or
imprisonment. But can the sufferer sue the contemnor for damages? I should have
thought he could, or at least, should be able to do so. The victimization is not finished,
his evidence only a criminal offense. It is, to my mind, a civil wrong - a tort as lawyers
call it. This point was much discussed a few months later: and I regret to say that I
found myself in a minority. It was to my mind a shocking case. A house was let out by a
landlord in tenement flats. The landlord forcibly evicted one tenant called Harrand. That

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tenant sued the landlord for damages for wrongful eviction. Chapman, the next floor
tenant, had seen what had happened. Then these were the facts reported in Chapman v
Honig':' .... Chapman had been a tenant since 1959. He had seen something of what
happened on the second floor, and Harrand wanted him to give evidence in his action
against the landlord described above. Chapman. fearing what might befall him if he
gave evidence against his landlord, did not go voluntarily to the court. He was
subpoenaed to do so, and only gave evidence in obedience to the subpoena. He gave
evidence on 21 June 1962, at the hearing before Judge Baxter. On the very next day, 23
June l962, the landlord served on Chapman notice to quit his first-floor flat on 28 July
1962. The reason he did that was simply because Chapman had given evidence for
Harrand. The object of the landlord was, the judge found, "to punish or victimize Mr.
Chapman for having given evidence’’.
‘…The judge gave judgment for the plaintiff for £50 damages for contempt of court.' ....
On The Judge's findings the landlord gave this notice to quit and attempted to evict the
tenant vindictively in order to punish Chapman for having given evidence against him.
That is in itself a contempt of court - a criminal offense - and punishable accordingly
(see Attorney-General v Butterworth); and, being done by father and son in a
combination to injure, it may also have been a conspiracy: see Crofter Hand Woven
Harris Tweed Co Ltd. Vekch. It was in any case unlawful. My brother Pearson LJ has,
however, some doubt it. He thinks that the victimization of a witness is not a contempt
of court in itself. It is only a contempt if other people are likely to get to know of it and
be deterred from giving evidence in other actions. If that is right, it would mean that if
the tenant proclaims his grievance upon the housetops, telling everyone about it, the
landlord is guilty of contempt. But if the tenant should keep his suffering to himself,
without telling his neighbors why he is evicted, the landlord does no wrong. That cannot
be right.… The tenant should keep his suffering to himself, without telling his neighbors
why he is evicted. The landlord does no wrong. That cannot be right.... 'The principle
upon which this case falls to be decided is simply this. No system of law can justly
compel a witness to give evidence and then, on finding he victimized for doing it, refuse?
to give him redress. It is the duty of the court to protect the witness by every means at
its command. Else the whole process of the law will be set at naught. If a landlord

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intimidates a tenant by threatening him with notice to quit, the court must be able to
protect the tenant by granting an injunction to restrain the landlord from carrying out his
threat. If the landlord victimizes a tenant by actually giving him notice to quit, the court
must be able to protect the tenant by holding the notice to quit to be invalid. Nothing
else will serve to vindicate the authority of the law. Nothing else will enable a witness to
give his evidence freely as he ought to do. Nothing else will empower the judge to say
to him: ''Do not fear. The arm of the law is strong enough to protect you". 'It is said,
however, that to hold the notice invalid is a pointless exercise, because the landlord can
give another notice next day or next week or next month: and that notice will be valid. I
do not agree. If the landlord has been guilty of such a gross contempt as to victimize a
tenant, should have thought that any court would hold that a subsequent notice to quit
was invalid unless he could show that it was free from the taint. The landlord can at
least be required to purge his contempt before being allowed to enforce the contractual
rights which he has so greatly abused. The tenant, of course, has to pay his rent and
perform his covenants: so there is no course, has to pay his rent and perform his
covenants: so there is no injustice in requiring the landlord to clear his conscience. 'The
case was put off by the valet who gave evidence against his master in a divorce suit.
Next day the master, out of spite, dismisses him by a month's notice. Clearly the notice
is unlawful. But the servant cannot stay on against the master's will. The law never
enforces specifically a contract for personal service. But what are the damages? They
would, I think, be such damages as a jury might assess to recompense him for the loss
of the chance of being kept on longer, if he had not been victimized. Thus only can the
law give adequate redress, as it should, to an innocent person who has been damnified
for obeying its commands.... 'The truth is, however, that this is a new case. None like it
has ever come before the courts so far as I know. But that is no reason for us to do
nothing. We have the choice before us. Either to redress a grievous wrong, or to leave it
unremedied. Either to protect the victim of oppression, or to let him suffer under it.
Either to uphold the authority of the law. or to watch it being flouted. Faced with this
choice I have no doubt what the answer should be. We cannot stand idly by. The law
which compels a witness to give evidence is in duty bound to protect him from being
punished for doing it. That was the view of Judge Sir Alun Pugh when he granted an

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injunction. It was the view of Judge Baxter when he gave damages of £50. It is my view
too. I would not tum the tenant away without remedy. I would dismiss this appeal. That
was not the view of my two colleagues, they held that the notice to quit was valid: and
that the tenant had no remedy in damages. They overruled Judge Sir Alun Pugh and
Judge Baxter who I know are very good and experienced judges. They also overruled me
though that does not matter so much. They even suggested that as a general
proposition there can never be a right of action for damages for contempt of court,
Pearson LJ said significantly (at page 522): 'The general proposition (that there can
never be a right of action) might well be correct, but in the present case it is enough to
say that there can be no such right of action in respect of an act which, as between the
plaintiff and the defendant, has been done in exercise of a right under a contract or
other instrument and in accordance with its provisions. The same act as between the
same parties cannot reasonably be supposed to be both lawful and unlawful - in the
sphere of contract, valid and effective to achieve its object, and in the sphere of tort,
wrongful and imposing a tortious liability'. That decision went no further. My two
colleagues went so far as to refuse the tenant leave to appeal to the Lords. No doubt
because only £50 was involved. The tenant was legally aided and the landlord was not:
and it would be hard on the landlord to have him taken to the Lords over such a small
sum. The case is a disturbing reflection on our doctrine of precedent as recently
proclaimed by the Lords. The majority decision in Chapman v Honig is binding on all
Courts for the future unless someone comes along with the time and money - and I may
add the courage - to take it to the Lords. I would venture to ask my lawyer readers:
Would you advise your client to take it to the Lords?

3 Refusing to answer questions

1 Two journalists are sent to prison
Next there came a case of intense public interest.
: Two journalists refused to answer
questions asked of them in the witness-box. They were sent to prison. Were they guilty
of contempt of court? Newspapers had been saying there was a spy in the Admiralty.
Parliament ordered an inquiry. Lord Radcliffe presided over it. One of the journalists
had written that 'it was the sponsorship of two high ranking officials which led to

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Vassall avoiding the strictest part of the Admiralty's security vetting'. Lord Radcliffe
asked the journalist: 'What was the source of your information? Where did you get it
from?' The journalist said: 'I decline to answer'. Lord Radcliffe asked: 'Will you inquire
from the source whether he is willing for it to be divulged?' The journalist still declined
to answer. Lord Radcliffe informed the Attorney-General]. He moved the Court to
punish the journalist for contempt of court. Mr. Justice Gonnan sentenced him to six
months. The journalist appealed to our Court. rt raised the question whether a
journalist has any privilege in the matter. A preliminary point arose as to the relevancy
of the question. A witness is only bound to answer a relevant question, not an
irrelevant one. The cases, heard together, were Attorney General v Mulholland; Attorney
-General v Foster'. I dealt with the point in this way: 'Was the question relevant to the
inquiry? Was it one that the journalist ought to answer? It seems to me that if the
inquiry was to be as thorough as the circumstances demanded, it was incumbent on
Mulholland to disclose to the tribunal the source of his information. The newspapers
had made these allegations. If they made them with a due sense of responsibility (as
befits a press which enjoys such freedom as ours) then they must have based them on
a trustworthy source. Heaven forbid that they should invent them! And if they did get
them from a trustworthy source, then the tribunal must be told of it. How otherwise
can the tribunal discover whether the allegations are well founded or not? The tribunal
cannot tell unless they see for themselves this trustworthy source, this witness who is
the foundation of it all. The tribunal must, therefore, be entitled to ask what was the
2
source from which the information came. Next I dealt with the question of privilege
'But then it is said (and this is the second point) that however relevant these questions
were and however proper to be answered for the purpose of the inquiry, a journalist
has a privilege by law entitling him to refuse to give his sources of information. The
journalist puts forward as his justification the pursuit of truth. It is in the public interest,
he says, that he should obtain information in confidence and publish it to the world at
large, for by doing so he brings to the public notice that which they should know. He
can expose wrongdoing and neglect of duty which would otherwise go unremedied. He
cannot get this information, he says, unless he keeps the source of it secret. The
mouths of his informants will be closed to him if it is known that their identity will be

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disclosed. So he claims to be entitled to publish all his information without ever being
under any obligation, even when directed by the court or a judge. to disclose whence
he got it. It seems to me that the journalists put the matter much too high. The only
profession that I know which is given a privilege from disclosing information to a court
of law is the legal profession, and then it is not the privilege of the lawyer but of his
client. Take the clergyman. the banker or the medical man. None of these is entitled to
refuse to answer when directed to by a judge. Let me not be mistaken. The judge will
respect the confidences which each member of these honorable professions receives
in the course of it, and will not direct him to answer unless not only it is relevant but
also it is a proper and, indeed, necessary question in the course of justice to be put and
answered. A judge is the person entrusted, on behalf of the community, to weigh these
conflicting interests-to weigh on the one hand the respect due to confidence in the
profession and on the other hand the ultimate interest of the community in justice
being done or, in the case of a tribuna1 such as this, in a proper investigation being
made into these serious allegations. If the judge determines that the journalist must
answer, then no privilege will avail him to refuse. It seems to me, therefore, that the
authorities are all one way. There is no privilege known to the law by which a journalist
can refuse to answer a question which is relevant to the inquiry and is one which, in the
opinion of the judge, it is proper for him to be asked. I think it plain that in this
particular case it is in the public interest for the tribunal to inquire as to the sources of
information. How does anyone know that this story was not a pure invention, if the
journalist will not tell the tribunal its source? Even if it was not an invention, how does
anyone know it was not the gossip of some idler seeking to impress? It may be mere
rumor unless the journalist shows he got it from a trustworthy source. And if he has
got it from a trustworthy source (as I take it on his statement he has, which I fully
accept), then however much he may desire to keep it secret, he must remember that
he has been directed by the tribunal to disclose it as a matter of public duty, and that is
justification enough.'....We have anxiously considered the sentences of six months
a1,and three months respectively which Gonnan J passed on Mulholland and Foster,
and after full consideration we have felt unable to adopt the view that the sentences
are disproportionate to the serious nature of the offense'.

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2 The New Statesman is angry
That case made some journalists very angry. The New Statesman published an article
by one of them against us Judges in which he suggested that the press would retaliate:
'Any judge who gets involved in a scandal during the next year or so, must expect the
full treatment'. To which the Daily Mirror retorted with a nice piece of satire:'is it likely
that Lord Denning will be copped in a call-girl's boudoir, or Lord Justice Danckwerts be
caught napping flogging stolen cigarettes, or Lord Justice Donovan be caught pinching
a Goya from the National Gallery? Is Mr. Justice Gonnan, who sentenced the two silent
journalists, likely to be discovered running a Soho strip-tease club when the Courts are
in recess? The possibility is laughably remote.The Mirror recognises that it is the duty of
a judge to administer the law as the law stands, and not as some would like it to
be'.Thanks be to the Daily Mirror!.

4 Scandalizing the Court

1 Lord Mansfield is criticized
When the Judges of a Court are criticized or defamed - or as it is put ‘scandalized' -
they can punish the offender. They do it, they say, not to protect themselves as
individuals but to preserve the authority of the Court. It was so stated in one of the
most eloquent passages in our law books - in a judgment which was prepared but
never delivered. The Judge who was criticized was one of our greatest. It was Lord
Mansfield himself in 1765. He had made an amendment to an information against
John Wilkes. Now Mr. Almon had a shop in Piccadilly. He published a pamphlet
entitled 'A Letter concerning Libels, Warrants, Seizure of Papers, &c.'. He sold it in his
shop for ls 6d. In it he said that Lord Mansfield had made the amendment ‘officiously,
arbitrarily, and illegally'. Nowadays we are used to criticisms of that kind but in those
days the Attorney-General moved to commit Mr. Almon for contempt of court. The
case was argued and Mr. Justice Wilmot prepared a judgment of 28 pages in length
ready to punish Mr. Almon. But Mr. Almon apologized. The Attorney General resigned.
The proceedings were dropped. So Mr. Justice Wilmot's judgment was never delivered.
Forty years later it was published in a volume of Wilmot's cases under the title R v

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Almon. In it he said (at page 259):
‘If their authority (i.e. of the Judges) is to be trampled upon by pamphleteers and news-
writers. and the people are to be told that the power, given to the Judges for their
protection, is prostituted to their destruction, the Court may retain its power some little
time. But I am sure it will instantly lose all its authority: and the power of the Court will
not long survive the authority of it: is it possible to stab that authority more fatally than
by charging the Court, and more particularly the Chief Justice. with having introduced
a rule to subvert the constitutional liberty of the people? A greater scandal could not be
published'.

2 Mr Justice Avory comes under fire

We have traveled far since that time. In the 1920's the offense of 'scandalizing the
Court' was regarded as virtually obsolete. But it was revived in a case in 1928 when I
was four years called to the Bar. I was in chambers at No.4 Brick Court. I had a few
briefs. I spent much of my time editing - or helping edit - a new edition of Smith's
Leading Cases. But I did find time to go across the Strand to listen to this cause
celebre. The New Statesman had published an article criticizing Mr. Justice Avory.
Now he was a Judge held by the profession with respect, almost with awe. He was a
small man but resolute and stem. It showed in his face with his firm mouth and
piercing gray eyes. He had tried a libel action with a jury. They had awarded £200
damages against Dr. Marie Stopes, the advocate of birth control - then much frowned
upon - see Sutherland v Slopes . The New Statesman denounced the case and added
these words: 'The serious point in this case. However, is that an individual owning to
such views as those of Dr. Stopes cannot apparently hope for a fair hearing in a Court
presided over by Mr. Justice Avory-and there are so many Avorys’.Proceedings were
taken against the editor of the New Statesman for contempt of court. They are
reported in R v New Statesman3. On the one side was the Attorney-General, Sir
Douglas Hogg KC. On the other hand, Mr. William Jowitt KC. Each was a brilliant
advocate. Each was afterwards Lord Chancellor. But how different. Jowitt -tall,
handsome and distinguished with a resonant voice and clear diction. Hogg looked like
Mr. Pickwick and spoke like Demosthenes. Jowitt put it well for the New Statesman.

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He quoted a judgment by a strong Board of the Privy Council in 1899 saying:
"Committals for contempt of Court by scandalising the Court itself have become
obsolete in this country. Courts are content to leave to public opinion attacks or
comments derogatory or scandalous to them' (McLeod v St. Aubyn4). Hogg replied by
quoting a passage from Wilmot's undelivered judgment upholding the offence on the
ground that 'to be impartial, and to be universally thought so. are both absolutely
necessary'. Jowitt saw that the Court was against him. So he handled them tactfully.
Whilst he submitted there was no contempt, he excused the article by reason of the
haste in which it was written: and apologised humbly if it were held to be a contempt.
That pleased the Court. They did not send the editor to prison. They adjudged that he
was guilty of contempt: but they did not fine him. They only ordered him to pay the
costs.

3 We ourselves are told to be silent

Oddly enough, the last case on this subject concerned Sir Douglas Hogg's son, Mr.
Quintin Hogg, as he then was. In his full title, the Rt. Hon. Quintin Hogg QC, MP. Now
Lord Hailsham of St. Marylebone, the Lord Chancellor, he is the most gifted man of our
time. Statesman, Orator, Philosopher - he has no compare. Whilst out of office, he is by
turns author, journalist, and television personality. In his exuberance he wrote for
Punch and in 1968 found himself brought up by Mr. Raymond Blackburn on the charge
that he was guilty of contempt of court. He criticized the Court of Appeal in words
which were quite as strong as those in which Mr. Almon criticized Lord Mansfield.His
words are set out fully in the report of the case, R v Commissioner of Police of the
Metropolis1. He said: 'The legislation of 1960 and thereafter has been rendered
virtually unworkable by the unrealistic, contradictory and, in the leading case,
erroneous, decisions of the courts. Including the Court of Appeal .... it is to be hoped
that the courts will remember the golden rule for judges in the matter of obiter dicta.
Silence is always an option’. The case came before us on a Monday morning. 26
February l 968 Mr. Blackburn applied in person. Mr. Hogg was in Court but was
represented by the most graceful advocate of our time, Sir Peter Rawlinson QC. now
Lord Rawlinson. He told us that Mr. Hogg in no way intended to scandalize the Court or

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the Lords Justices -whom he held in the highest personal and professional regard - but
he maintained that the article constituted a criticism which he had a right to state
publicly. We accepted the submission. We delivered judgment straightaway, as we
usually do. We did not write twenty eight pages as Mr. Justice Wilmot did. This is what
I said (at page 154): 'This is the first case, so far as I know. where this court has been
called on to consider an allegation of contempt against itself. It is a jurisdiction which
undoubtedly belongs to us but which we will most sparingly exercise: more particularly
as we ourselves have an interest in the matter.'Let me say at once that we will never
use this jurisdiction as a means to uphold our own dignity. That must rest on surer
foundations. Nor will we use it to suppress those who speak against us. We do not
fear criticism, nor do we resent it. For there is something far more important at stake.
It is no less than freedom of speech itself. 'It is the right of every man, in Parliament or
out of it, in the press or over the broadcast, to make fair comment, even outspoken
comment, on matters of public interest. Those who comment can deal faithfully with
all that is done in a court of justice. They can say that we are mistaken, and our
decisions erroneous, whether they are subject to appeal or not. All we would ask is that
those who criticize us will remember that, from the nature of our office, we cannot
reply to their criticisms. We cannot enter into public controversy. Still less into political
controversy. We must rely on our conduct itself to be its own vindication. 'Exposed as
we are to the winds of criticism, nothing which is said by this person or that, nothing
which is written by this pen or that, will deter us from doing what the occasion requires,
provided that it is pertinent to the matter in hand. Silence is not an option when things
are ill done. So it comes to this: Mr. Quintin Hogg has criticized the court, but in doing
so he is exercising his undoubted right. The article contains an e1Tor, no doubt, but
errors do not make it a contempt of court. We must uphold his right to the uttermost.'I
hold this not to be a contempt of court. and would dismiss the application'.

5 Disobedience to an order of the Court

1.Strict proof
One of the most important powers of a court of law is its power to give orders. Very
often it has to make an order commanding a person to do something - or restraining

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him in some way. If he disobeys. The Court has one weapon in its armoury which it can
use. It can punish him for contempt of court. Either by fine or by imprisonment. This
kind of contempt has the characteristics which are common to all contempt of court. It
is a criminal offence. It must be proved beyond reasonable doubt. We laid that down in
Re Bramhlevale Ltd1. But in addition the Court insists on several requirements being
strictly observed.

2.The three dockers

This strictness was very much in evidence in the case of the three dockers,
Churchman v Shop Stewards. It arose out of the Industrial Relations Act 1971 which
set up a new court. The Industrial Relations Court. It was bitterly opposed by the trade
unions and their members. So much so that they refused to recognise the new court:
or to obey the orders issued by it. A crisis arose when the dockers in the East End of
London picketed a depot. The Court issued an order commanding them to stop the
picketing. The dockers did not appear before the Court nor were they represented.
They continued the picketing. The Industrial Relations Court gave judgment on
Wednesday, 14 June 1972 (which is quoted at page 1097): 'The conduct of these men,
as it appears at present, has gone far beyond anything which could appropriately be
disposed of by the imposition of a fine. Unless we receive some explanation we have
no alternative but to make orders committing them to prison. But we wish to give them
every opportunity to explain their conduct, if it can be explained'. The Court then set a
dead-line for an explanation to be given: If they have not appeared before us tomorrow
morning or applied to the Court of Appeal before 2 p.m. on Friday. l6 June. the
warrants will be issued'. Now everyone knew that the dockers would take no notice of
the Court. They would continue to disobey. They would continue their picketing. They
would not appear before the Industrial Court to give an explanation. They would not
apply to the Court of Appeal. The warrants would be issued. They would go to prison.
They would be martyrs. The trade union movement would call a general strike which
would paralyze the country. It was averted. But how was it done? The Official Solicitor
appeared from nowhere. He applied to us in the Court of Appeal asking us to quash the
order of the Industrial Court. We did so. The dockers were very disappointed. They

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were at the gates of the depot expecting to be arrested. Instead there were no
warrants, no arrests, no prison, no martyrdom, no strike. Everyone asked at once: Who
is the Official Solicitor'? Who put him up to this? What right had he to represent the
men when they wished for no representation and what right had he to come to the
Court and ask for the committal order to be quashed? On what ground was it quashed?
I gave the reasons in my judgment on the fateful Friday (at page 1097): 'The Industrial
Court gave them until 2 p.m. today, Friday, in which to apply to the Court of Appeal. The
three dockers have not applied themselves, nor have they instructed anyone to apply
on their behalf. But the Official Solicitor has done so. He has authority to apply on
behalf of any person in the land who is committed to prison and does not move the
court on his own behalf. Likewise, on behalf of any person against whom an order for
committal is made, he is authorized to come to this court and draw the matter to its
attention. He has instructed Mr. Pain, and Mr. Pain has submitted to us that the
evidence before the Industrial Court was not sufficient to warrant the orders of
committal'. I pause here to say that Mr. Pain was very conversant with trade union
matters. He was a very effective advocate. He used to assume a disarming air of
diffidence as if to say, 'Please help me'. And of course we did. I went on: ‘.... In
exercising those powers, and particularly those which concern the liberty of the subject,
I would hold, and this court would hold, that any breach giving rise to punishment must
be proved in the Industrial Court with the same strictness as would be required in the
High Court here in this building. So we have to see whether the orders were properly
proved, and the breaches of them proved, according to that degree or strictness.'It
seems to me that the evidence before the Industrial Court was quite insufficient to
prove - with all the strictness that is necessary in such a proceeding as this, when you
are going to deprive people of their liberty - a breach of the court's order. It may be that
in some circumstances the court may be entitled, on sufficient information being
brought before it, to act on its own initiative in sending a contemnor to prison. But, if it
does so think fit to act, it seems to me that all the safeguard required by the High Court
must still be satisfied. The notice which is given to the accused must give with it the
charges against him with all the particularity which this court or the High Court here
ordinarily requires before depriving a person of his liberty. The accused must be given

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notice of any new charge and the opportunity of meeting it. Even if he does not appear
to answer it. it must be proved with all the sufficiency which we habitually require
before ,depriving a man of his liberty. Having analyzed the evidence as it has been put
before us in this case. I must say that it falls far short of that which we would require
for such a purpose. In my opinion, therefore, the orders of committal should be set
aside and the warrants should not be executed.

3 The five dockers

Just over five weeks later, 26 July 1972, that story almost repeated itself. But this time
it was five dockers, not three. They picketed the container depot. The Industrial Court
ordered that they were to be imprisoned for contempt. Again there was the threat of a
general strike. Again we were ready to hear an immediate appeal by the Official
Solicitor. But he was told by someone to hold his hand. The reason was because the
House of Lords rushed through a decision which was said to affect the matter. It was
Heaton's Case. They were busy amending their drafts - in typescript - right up to the
last moment. Their decision was telephoned at once to the President of the Industrial
Court. It gave him sufficient reason to revoke the order for committal He revoked it.
The general strike was averted. Another emergency was over. The lesson to be learned
from the dockers cases is that the weapon of imprisonment should never be used - for
contempt of court - in the case of industrial disputes. Some better means must be
found. Can anyone suggest one?

4 The ward of court

Under this head of disobedience there are cases where a newspaper publishes a report
of proceedings which are held in private. Most cases are - and are bound to be - heard
in public and there is no bar to a fair and accurate report of them. But some cases are
held in private: and a newspaper is guilty of contempt of court if it publishes a report of
what took place. Particularly is this the case in wardship proceedings which are usually
held in private. The point arose in 1976 in a case reported as Re Fl. A girl of 15 ran
away with a man of 28. He gave her drugs and had sexual intercourse with her,
knowing that she was only 15. Her parents were so worried that they applied for her to

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be made a ward of court. The girl was placed in a hostel. A social worker advised that
the man of 28 should be allowed to visit her there. The Daily Telegraph got to know of
this and published an article headed, 'Jailed lover "should visit hostel girl, 16"'. The
Official Solicitor thought that this article disclosed some of the proceedings which had
taken place in private. He moved to commit the Daily Telegraph for contempt. The
Judge held that it was a contempt. We reversed it. I said (at page 88):'.... There are
cases to show that it was a contempt of court to publish information relating to the
proceedings in court about a ward. . . . The court was entitled to - and habitually did -
hear the case in private. It could keep the proceedings away from the public gaze. The
public were not admitted. Nor even the newspaper reporters. Only the parties, their
legal advisers, and those immediately concerned were allowed in. When the court thus
sat in private to hear wardship proceedings, the very sitting in private carried with it a
prohibition forbidding publication of anything that took place, save only for the formal
order made by the judge or an accurate summary of it: ....'A breach of that prohibition
was considered a contempt of court. It was a criminal offence punishable by
imprisonment. But what were the constituents of the offence? ....'This kind of
contempt is akin to the contempt which is committed by a person who disobeys an
order of the court. Such as occurs where a party breaks an injunction ordering him to
do something or to refrain from doing it. But there are differences between them.
When one party breaks an injunction, it is the other party - the aggrieved person - who
seeks to commit him for contempt. It is for his benefit that the injunction was granted,
and for his benefit that it is enforced: .... The offender is not to be committed unless he
has had proper notice of the terms of the injunction and it is proved, beyond
reasonable doubt, that he has broken it: .... But when a newspaper editor - or anyone
else for that matter - publishes information which relates to wardship proceedings, it is
very different. He is no party to the proceedings. No order has been made against him.
No notice has been given to him of any order made by the courts. He may - or may not -
know whether the proceedings were in private or in open court. He may -or may not -
be aware that there is a prohibition against publication. On what ground, therefore, is
he to be found guilty? On what ground is he to be punished and sent to prison? What
are the constituents of the offence? On principle, it seems to me that, in order to be

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found guilty the accused must have had a guilty mind - some guilty knowledge or intent
- mens rea. as it is called. This question of mens rea often comes up. Much depends
on nature. ''The mental elements of different crimes differ widely": .... What then is the
mental element here? In considering it. It must be remembered that the offence is not
restricted to newspaper editors or reporters. Anyone who publishes information
relating to wardship proceedings may be found guilty. The girl herself, or her parents.
or the lawyers in the case, may find themselves charged with the offence. Even if they
only tell the story by word of mouth to a friend, they may be guilty of an offence: for
that would be a publication of it. Seeing that the offence is of such wide scope. It
seems to me that a person is only to be found guilty of it if he has published
information relating to wardship proceedings in circumstances in which he knows :hat
publication is prohibited by law, or recklessly in circumstances in which he knows that
the publication may be prohibited by law, but nevertheless goes on and publishes it.
not caring whether it is prohibited, or not. As if he said: “I don't care whether it is
forbidden, or not. I am not going to make any inquiries. l am going to publish it". Proof
of this state of mind must be up to the standard required by the criminal law. It must
be such as to leave no reasonable doubt outstanding.'This test affords reasonable
protection to ordinary folk, while, at the same time, it does not give a newspaper any
freedom to publish information to the world at large. If a newspaper reporter knew that
there were, or had recently been. wardship proceedings, he would be expected to know
that they would be held in private and would know - or as good as know - that there
was a prohibition against publication. Once he did know that there were, or had been.
wardship proceedings, the prohibition would, I think, apply, not only to information
given to the judge, at the actual hearing, but also to Confidential reports submitted
beforehand by the Official Solicitor, or social workers, or the like. 'It remains to apply
those principles to the newspapers in this case. The parents told the '"Daily Telegraph"
that the wardship order had been a temporary one and that it had expired. The
newspaper thought that there was no longer any prohibition on publication. They made
inquiry at the local council without getting any enlightenment. The "Evening Mail" made
inquiries all round, including the Official Solicitor; and no one told them that the girl was
a ward of court. Furthermore, both newspapers took the view that the matter was of

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such public interest that it should be brought to the notice of people in general - unless
it was clearly prohibited by law. That was a legitimate view to take. They made an
inquiry, Finding no such prohibition, they published the information. In the
circumstances, I do not think there was any guilty knowledge or intent on their part
such as to warrant a finding that they were in contempt of court'.

6 Prejudicing a fair trial

1 'Vampire Arrested'
The freedom of the press is fundamental in our constitution. Newspapers have - and
should have - the right to make fair comments on matters of public interest. But this is
subject to the law of libel and of contempt of court. The newspapers must not make
any comment which would tend to prejudice a fair trial. If they do, they will find
themselves in trouble. The most spectacular case is one that is not reported in the Law
Reports but which I remember well. Not that I usually read the newspapers much. Only
The Times when it happens to appear. Its reports of legal decisions are unique. No
other newspaper in the world has anything like it. They are written by barristers and are
quoted in the Courts. But on this occasion the Daily Mirror went beyond all bounds. It
came out with a banner headline - after a man called Haigh had been arrested and
before he was charged.

'VAMPIRE ARRESTED'
It said that Haigh had been charged with one murder and had committed others and
gave the names of persons who, it was said, he had murdered. Lord Goddard was the
Chief Justice. He said: 'There has been no more scandalous case. It is worthy of
condign punishment'. He fined the newspaper £10,000. He sent the editor to prison for
three months. He added: 'Let the directors beware. If this sort of thing should happen
again, they may find that the arm of the law is strong enough to reach them too·.

2 The Thalidomide case

By far the most important case in recent years is the Thalidomide case.
• It is reported in
the Court of Appeal in AG v Times Newspapers Ltd [1973] J QB 710 and in the House

113
of Lords in [1974] AC 273. Mothers when pregnant had taken the drug thalidomide.
Their children have been born deformed. That was in 1962. Actions were started at
once for damages. Distillers. who distributed the drug. tried to settle the actions. All
parents agreed to a settlement except five. An application was made to our Court to
remove those five parents - as next friends - so as to get the children represented by
the Official Solicitor. It was known that he would agree to a settlement. If that move
had succeeded. all the cases would have been settled. There would have been no
reported case anywhere. But we refused to remove those five parents. Our refusal is
reported in Re Taylor's Application1 It was the turning point of the case. The rest is
best told by what I said in the Court of Appeal (at page 736): 'The editor of the ''Sunday
Times" tells us that the report of that case caused him great anxiety. Over 10 years had
passed since the children were born with these deformities, and still no compensation
had been paid by Distillers. He was determined to investigate the matter In depth and
to do all he could. through his newspaper. to persuade Distillers to take a fresh look at
their moral responsibilities to all the thalidomide children, both those where writs had
been issued and those where they had not. He had investigations made and launched a
campaign against Distillers. On 12 October 1972, the Attorney-General issued a writ
against the "Sunday Times" claiming an injunction to restrain them from publishing the
draft article.'It is undoubted law that, when litigation is pending and actively in suit
before the court, no one shall comment on it in such a way that there is a real and
substantial danger of prejudice to the trial of the action, as for instance by influencing
the judge, the jurors, or the witnesses, or even by prejudicing mankind in general
against a party to the cause. That appears from the case before Lord Hardwicke LC in
1742 of In re Read and Huggonson (St. James' Evening Post Case) (1742) 2 Atk 469,
and by many other cases to which the Attorney-General drew our attention. Even if the
person making the comment honestly believes it to be true. still it is a contempt of
court if he prejudges the truth before it is ascertained in the proceedings: see
Skipworth 's Case (1873) LR 9 QB 230, 234, by Blackbum J. To that rule about a fair
trial, there is this further rule about bringing pressure to bear on a party: None shall, by
misrepresentation or otherwise, bring unfair pressure to bear on one of the parties to a
cause so as to force him to drop his complaint, or to give up his defence, or to come to

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a settlement on terms which he would not otherwise have been prepared to entertain.
That appears from In re William Thomas Shipping Co Ltd [1930J 2 Ch 368 and Vine
Products Ltd v Green [1966] Ch 484, to which I would add an Article by Professor
Goodhart on "Newspapers and Contempt of Court in English Law" in (1935) 48
Harward Law Review, pp. 895.896.'I regard it as of the first impo11ance that the law
which I have just stated should be maintained in its full integrity. We must not allow
"trial by newspaper" or "trial by television'' or trial by any medium other than the courts
of law. 'But in so stating the law, I would emphasize that it applies only "when litigation
is pending and is actively in suit before the court". To which I would add that there
must appear to be "a real and substantial danger of prejudice" to the trial of the case or
to the settlement of it. And when considering the question, it must always be
remembered that besides the interest of the parties in a fair trial or a fair settlement of
the case there is another important interest to be considered. It is the interest of the
public in matters of national concern, and the freedom of the press to make fair
comments on such matters. The one interest must be balanced against the other.
There may be cases where the subject matter is such that the public interest
counterbalances the private interest of the parties. In such cases the public interest
prevails. Fair comment is to be allowed. It has been so stated in Australia in regard to
the com1s of law: see Ex Parte Bread Manufacturers Ltd (1937) 37 SR (NSW) 242 and
Exparte Dawson (19611 SR (NSW) 573. It was so recommended by a committee
presided over by Lord Salmon on The Law of Contempt in Relation to Tribunals of
Inquiry: see (1969) Cmnd. 4078. para 26. Take this present case. Here we have a
matter of the greatest public interest. The thalidomide children are the living reminders
of a national tragedy, there has been no public inquiry as to how it came about. Such
inquiry as there has been done in confidence in the course of private litigation between
the parties. The compensation offered is believed by many to be too small. Nearly 12
years have passed and still no settlement has been reached. On such a matter the law
can and does authorize the newspapers to make fair comments. So long as they get
their facts right, and keep their comments far,. they are without reproach. They do not
offend against the law as to contempt of court unless there is real and substantial
prejudice to pending litigation which is actively in suit before the court. Our law of

115
contempt does not prevent comment before the litigation is started, nor after it has
ended. Nor does it prevent it when the litigation is dormant and is not being actively
pursued. If the pending action is one which, as a matter of public interest, ought to
have been brought to trial long ago, or ought to have been settled long ago, the
newspapers can fairly comment on the failure to bring it to trial or to reach a
settlement. No person can stop a comment by serving a writ and letting it lie ideal: nor
can he stop it by entering an appearance and doing nothing more. It is active litigation
which is protected by law of contempt, not the absence of it'Apply these
considerations to the present case. Take the first 62 actions which were settled in
February 1968. The newspapers can fairly comment on those settlements, saying that
in making them the Distillers company did not measure up to their moral
responsibilities. Take the last 123 children in regard to whom writs have never been
issued. The newspapers can fairly press for compensation on the ground that Distillers
were morall) :-responsible. That leaves only the 266 actions in which writs were issued
four years ago but have never been brought to trial. Does the existence of those writs
prevent the newspapers from drawing attention to the moral responsibilities of
Distillers? If they can comment on the first 62 or the last 123, I do not see why they
cannot comment on these intervening 266. T1ere is no way of distinguishing between
them. The draft article comments on all the thalidomide children together. It is clearly
lawful in respect of the first 62 and the last 123. So also it should be in respect to the
middle 266.'I have said enough to show that this case is unique. So much so that in
my opinion the public interest in having it discussed outweighs the prejudice which
might thereby be occasioned to be a party to the dispute. At any rate, the High Court of
Parliament has allowed it to be discussed. So why should not we in these courts also
permit it? There is no possible reason why Parliament should permit it and we refuse it'.
Our decision was reversed by the House of Lords. I hope that I will be forgiven for not
quoting from their judgments. They stated a new principle. It was that newspapers
should not publish comments or articles which 'prejudged the issue in pending
proceedings'. This new principle was criticized by the Committee over which our dear
friend Lord Justice Phillimore presided.1 It was a very good Committee. 'Harry'
Phillimore, as we knew him affectionately, devoted his last years to it. They heard

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much evidence and disposed of the House of Lords by saying (at page 48): 'The simple
test of prejudgment therefore seems to go too far in some respects and not far
enough in others. We conclude that no satisfactory definition can be found which does
not have direct reference to the mischief which the law of contempt is and always has
been designed to suppress. That mischief is the risk of prejudice to the due
administration of justice'. Hitherto we have always expected a decision of the House of
Lords to be final and conclusive. But the Thalidomide case showed the contrary. The
Sunday Times took it to the European court of Human Rights. They relied on Article 10
of the European convention to which the United Kingdom had adhered. It says that:
'Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers·. The European Court of Human Rights, by a
majority of 11 to 9, upheld the claim of the Sunday Times. It had a right to impart
information about the Thalidomide case. Inferentially they thought that the House of
Lords were wrong and that the Court of Appeal were right. Three cheers for the
European Court. But what will the House of Lords do now? Will they still regard
themselves as infallible? They have Francis Mann on their side, see The Law Quarterly
Review for July l979, pp. 348 - 354.

3 A 'gagging writ'
Let us hope too that the public interest will prevail so as to stop what has been called a
'gagging writ'. There was a company director called Wallersteiner. He tried to stop
criticism of him at a shareholders' meeting. He issued a writ against the complaining
shareholder: and then sought to shut him up by saying the matter was 'sub judice'. I
dealt with this once and for all, I hope, in Wallersteiner v Moir: 'I know that it is
commonly supposed that once a writ is issued, it puts a stop to discussion. If anyone
wishes to canvas the matter in the press or in public, it cannot be permitted. It is said
to be ''sub judice". I venture to suggest that is a complete misconception. The sooner it
is corrected, the better. If it is a matter of public interest, it can be discussed at large
without fear of thereby being in contempt of court. Criticisms can continue to be made
and can be repeated. Fair comment does not prejudice a fair trial. That was well

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pointed out by Salmon J in Thomson v Times Newspapers Ltd [1969] 1 WLR 1236,
1239 - 1240. The law says - and says emphatically - that the issue of a writ is not to be
used so as to be a muzzle to prevent discussion. Jacob Factor tried to suppress the
"Daily Mail" on that score, but failed: see R v Daily Mail (Editor), ex parte Factor (1928)
44 TLR 303. Lord Reid has said that a "gagging writ' ought to have no effect: see
Attorney General v Times Newspapers Ltd [1974] AC 273,301. Matters of public
interest should be, and are, open to discussion, notwithstanding the issue of a writ. 'So
here I would hold that a discussion of company affairs at a company meeting is not a
contempt of court. Even if a writ has been issued and those affairs are the subject of
litigation, the discussion of them cannot be stopped by the magic words "sub judice". It
may be that there are newspaper reporters present - so that the words will be
published at large the next day. Nevertheless, the shareholders can discuss the
company affairs quite freely without fear of offending the court. The reason is simple.
Such discussion does not prejudice fair trial of the action. No judge is likely to read the
newspaper reports, let alone be influenced by them. Nor are the members of a jury, if
there should be a jury. They do not read the reports of company meetings. In any
case, they would not remember them by the time of the trial. Mr. Lincoln suggested
that someone at the meeting might use words such as to bring improper pressure to
bear on the litigants or on witnesses. If that were so, I have no doubt the court
could intervene. But that suggestion cannot be admitted as an excuse for stifling
discussion. And Lord Reid said in Attorney-General v Times Newspapers Ltd [1974] Al'
273,296: "there must be a balancing of relevant considerations". The most weighty
consideration is the public interest. The shareholders of a public company should be
free to discuss the company affairs at the company meetings. If a shareholder feels
that there have been, or may be, abuses by those in control of the company, he should
be at liberty to give voice to them.'I can well see, of course, that this freedom of
discussion must not be carried too far. It must not deteriorate into disorder. The
chairman must control the meeting. He must keep order. After time enough has been
allowed, he can bring the discussion to a close. If his own conduct is under fire, he
could vacate the chair, and allow it to be taken by another. If these rules are observed,
there should be no trouble'.

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4 The Exclusive Brethren
There remains one last point. Which are the courts to be protected by the law of
contempt? Hitherto the question has arisen in regard to the superior courts. But do the
same principles apply to the inferior courts? We had to consider it recently when a
case was pending in a local valuation court about rates. It is Attorney-General v British
Broadcasting Corporation. A religious sect sought to stop a television broadcast which
was disparaging of them. It depended if the Local Valuation Court was a "court' which
the law would protect. My colleagues thought it was. T thought it was not. I ventured
to summarize the principles in these words: 'How far do these principles apply to the
inferior courts? I pause to say that the word "inferior" is a misdescription. They are not
inferior in the doing of justice: nor in the judges who man them: nor in the advocates
who plead in them. They are called "inferior" only because they try cases of a lesser
order of importance - as it is thought. But the cases which they try are often of equal
concern to the parties and the public. I see no reason why the principles which have
been evolved for the superior courts should not apply equally to the inferior courts. The
stream of justice should be kept pure and clear in all the courts, superior and inferior,
alike. That is the way in which the Jaw seems to be developing. as is shown by the
cases on contempt of court:... and the cases on the liability of judges and privilege of
advocate and witness:.... The only qualification is in the manner of enforcing those
principles. Where there is contempt of court, if it comes to granting injunctions or
inflicting penalties, this is left to the superior courts: But otherwise the principles
should be the same for all. 'But the principles - which confer immunity and protection -
have hitherto been confined to the well-recognized courts, in which I include, of course,
not only the High Court, but also the Crown Court, the county courts, the magistrates'
courts, the consistory courts and courts¬ martial. The principles have not hitherto been
extended to the newly established courts, of which we have so many. The answer
cannot depend on whether the word "court" appears in the title. There are many newly
formed bodies which go by the name of "tribunal" but which have all the characteristics
of the recognized courts, such as the industrial tribunals, and the solicitors' disciplinary
tribunal. To my mind, the immunities and protections which are accorded to the

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recognized courts of the land should be extended to all tribunals or bodies which have
equivalent characteristics. After all, if the principles are good for the old, then they
should be good for the new. I would, therefore, be venturesome. I would suggest that
the immunities and protections should be extended to all tribunals setup by or under
the authority of Parliament or of the Crown which exercise equivalent functions by
equivalent procedures and are manned by equivalent personnel as those of the
recognized courts of the land:....'Applying this test, I would suggest that commercial
arbitrations are excluded because they are not set up by or under the authority of
Parliament or of the Crown. Planning inquiries are excluded because their function is
not to hear and determine, but only to inquire and report. Licensing bodies are
excluded because they exercise administrative functions and not judicial. Assessment
committees are excluded because they are manned by laymen and not by lawyers. And
so on.'What then about a local valuation court'! It is the successor of the old
assessment committees. which are certainly not courts: ....'In any case. to my mind
this body lacks one important characteristic of a com1. It has no one on it or
connected with it who is legally qualified or experienced. To constitute a court there
should be a chairman who is a lawyer or at any rate who has at his elbow a clerk or
assistant who is a lawyer qualified by examination or by experience. as a justices' clerk
is. The reason is that a lawyer is, or should be. by his training and experience better
able than others to keep to the relevant and exclude the irrelevant; to decide according
to the evidence adduced and not be influenced by outside information; to interpret the
words of statutes or regulations as Parliament intended; to have recourse to legal
books of reference and be able to consult them; and generally, to know how the
proceedings of a court should be conducted.'It is for this reason that it is my opinion
that the local valuation court is not a court properly so called.My two colleagues
differed from me. They held it was a court: but they agreed with me on a more
important matter. In the case of a civil action which is to be tried by a judge, it is very
rare indeed that a newspaper would be guilty of contempt by making comments on it.
As I said (at page 319): 'No professionally trained judge would be influenced by
anything he read in the newspapers or saw on television'.

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 *****

ABOUT THE AUTHOR

LORD DENNING
Early life
Lord Alfred Thompson Denning, was an English judge whose career spanned 37 years.
He was the youngest child of five born to Charles Denning and Clara Thompson. After
his early schooling he joined Magdalene College, Oxford. In 1917, he had to stop his
education to serve in the military and after a year and a half came back to college. In
1920 he graduated with First class in mathematics. He came back to Oxford, got a
scholarship and graduated First class in the Oxford Law School in 1922.

His career
In 1923 Denning enrolled in the Bar and started his practice. His writing career also
commenced simultaneously with his practice. After 15 years of private practice,
Denning became King's counsel in 1938. During the II World War, he voluntarily served
as legal adviser to the Regional Commissioner of the North East Region. After the war,
he was appointed Judge to the Probate, Divorce and Admiralty Division at the age of 45.
In 1945, he was transferred to the King's Bench Division and became the Chairman of
the Committee on Procedure in Matrimonial Causes. In 1948, he was promoted to the
Court of Appeals and he focused mainly on civil matters.Dennings was a prolific writer
and authored many books. In the book "The Discipline of Law," published in 1979 when

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he was 80 years old, he said that judges have to shape and fit law to contemporary
needs as it is outdated. He impacted the language of the law through simple sentences
to convey complicated legal issues. He communicated his paints in a clear, direct
manner so that the layman can also understand laws. Most of his decisions were of
historic importance.Denning fought for the property rights of deserted wives and
unmarried women. He retired from his position as Master of the Rolls on September 30,
1982 citing "advanced age.'' He continued to write and publish books even after
retirement. In 1997, Denning was appointed by the Queen of England to the elite order
of Merit. He died on March 5, 1999 at the age of l00. A prolific writer and an influential
judge, he hugely impacted the legal system during his tenure. Despite the controversy
he generated with his legal rulings, personal style and sometimes inappropriate
remarks, Dennings was a well respected lawyer and one of the best known judges of
his time.

LESSON ANALYSIS

INTRODUCTION
Lord Denning in his book "Due process of Law" discusses many aspects of Court
functions. In the first part he discusses the contempt of court concept in the backdrop
of cases which occurred during his tenure as a Lawyer and also as a Judge. He
discusses various aspects of contempt of court including direct ones like contempt in
the face of the court and indirect ones like victimization of witnesses and also certain
cases which purely do not qualify as contempt of court cases.

A CONTEMPT IN THE FACE OF THE COURT

Lord Denning starts the first chapter of part one by explaining the phrase "Contempt in
the face of the court" which means a contempt which the judges see with their own
eyes and witnesses evidence is dispensed with. Tracing the recorded cases in this
aspect he quotes the 1631 case at Salisbury on the Western Circuit where a prisoner
who threw a bat at the Judge Richardson, C.J of Assize, was indicted, right hand cutoff
and fixed to a gibbet from which he was immediately hanged to death in the court.

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Lord Denning with his flair for writing breezily explains some contempt of court cases
which he witnessed both as a Lawyer and as a Judge. As a Junior, he saw a man
throwing a tomato at the judges, which missed them by a whisker and hit the window
paneling. Taken aback the judges adjourned the court, brought him back and
sentenced him to 6 weeks imprisonment. After becoming a Judge one day a man took
a stick and broke the windows in his courtroom. Lord Denning did not commit him for
contempt of court. But he was ordered to pay damages for the broken window pane.
Yet another case is narrated by Lord Denning. Every Monday morning the petitions are
directly heard by the judges and Miss. Stone was also there. Since her application was
rejected by the judges, she picked up books from the bookcase and started hurling
them at the judges who tried to protect themselves. Finally when there was no book
left to throw. She yelled "I am running out of ammunition" and her parting shot was" I
congratulate your Lordship's coolness under fire". Here the judges took a lenient stand
and let her off. Another change bringing Appellate provision was also introduced for
contempt cases and Lord Denning sat in the Appeals Court and dealt with many cases
of contempt which he relates along with the case history.

WELSH STUDENTS CASE

Some students from Wales studying in the University of Aberystwyth stormed a court
when it was in session. They were upset about the cancellation of Welsh language
radio programmes and having English language programmes at that time. Love of their
mother tongue made them come to court to protest this move. The case was Morris
Vs Crown Office. This was the first case to go to the Court of Appeal from amongst
the contempt of court cases. The students had stormed the well of the court, shouted
slogans, distributed pamphlets and sung songs in Welsh. As a result the court was
adjourned and on 4th February, 1970 the 19 students were brought before the judge
who asked them to apologise for their actions. Eight of them apologised to the judge
for their actions and they were let off with a fine of 50 pounds each and the remaining
11 students who refused to budge were sentenced to prison. As appeals for contempt
cases had to come up quickly, this case was taken up on the 9th of February and was
decided on the 11th of February. Lord Denning and Lord Justice Arthian Davis sat on

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the bench for this case. Lord Denning said that though these student:, had a right to
express their opinions yet they should not have entered the court hall and interrupted
the Justice system as those who strike at it, strike at the very foundations of our
society. So the Judges can take recourse to punish the offenders. Earlier there was no
..safeguard for the people against contempt judgements, but in 1960 it was remedied
and appeals against contempt were allowed. All the 11 people appealed to the
Appellate Court to consider their case sympathetically as their liberty was affected.
Considering the judgment, Lord Denning noted that it was excessive. But the actions of
the students at that time warranted. They interfered with the course of justice
deliberately. He further observed that if students strike at the course of justice they
strike at the roots of justice and they bring down that which protects them. So he said
that students must support the law and not hurt it. These 11 students have shown
remorse to the court to bail them out after serving a week in prison. Since students are
not ordinary criminals and as there is no violence and dishonesty in their behavior. We
have to consider their request and that the love of their mother tongue has made them
do this wrong. But they have realized their mistake and moreover 3 months in jail
would hurt their studies and future. Showing mercy at them. The students were let off
with a condition that they have to be in touch with the law authorities for the next 12
months and their behavior must be good. Lord Denning had to receive different
reactions from the press for his judgement. Some ProWelsh journals praised him and
while he had to receive the ire of the English Journals for letting the students free.

LAUGHING GAS CASE (BALLOUGH VS ST. ALBINS CROWN COURT)

Ballough was the son of a distinguished economist. Lord Ballough played a practical
joke while working in a court complex for which he was sentenced to 6 months
imprisonment. He appealed against it and it came to the appellate court. He was
employed as a clerk by the solicitors for 5 pounds a day. It was an airconditioned hall
and a pornographic case was going on. The young man was bored and he wanted to
liven up the atmosphere by introducing Nitrous Oxide (N 20 ) or Laughing Gas. He stole
half a cylinder from a hospital car park, carried it in his briefcase. for putting it in the
inlet to the ventilation system, so that the gas is released into the court hall. So one day

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after the office hours he went to the roof of the courthouse and found the ventilating
ducts to his courtroom. The next day, he came with a cylinder of gas to the court and
he went to the court hall which had the staircase c and not to his assigned courtroom.
He waited in the gallery for the case to end. He left the room for a while and in the
meantime the officers of the court watching his suspicious activities investigated the
contents of his briefcase after he left. They found the cylinder and when Ballough
entered the hall he was confronted and he blurted out the truth. He was charged with
stealing a bottle of N20 . The matter was reported to the judge in that particular court
hall. At the end of the day Ballough was produced before the court. He admitted to
whatever he did saying that it was just a joke. But the judge was not amused and
sentenced him to six months in prison. Ballough protested that he had not committed
any contempt and this judge cannot charge him under that. When the sentence was
given Ballough insulted the judge by calling him a humorless automaton and asked him
to destroy himself. After 11 days in prison he returned to normalcy and wrote to the
solicitor seeking an appeal of pardon. The Appellate Court discussed this matter and
said that over the years the punishment for contempt of court has been reduced and in
this case summary punishment was not warranted. He was already in custody for
stealing the cylinder and the judge could have concentrated on that aspect alone.
Ballough was guilty of stealing the gas cylinder and he was guilty of contempt of court
as no gas was released, as no proceedings were disturbed and no trial upset. The
criminal intent to disrupt the court was there which has not actually taken pace actually.
He had to spend 14 days in prison and that was considered as punishment and he was
let off as contempt had not occurred.

PRESS FREEDOM AND CONTEMPT OF COURT

A. THALIDOMIDE CASE
Under the heading prejudicing a fair trial the thalidomide case is discussed by Lord
Denning. It has been reported in the Court of Appeal in A.G Vs Time Newspaper Ltd.
(1973). Thalidomide drug was supposed to cure morning sickness in pregnant ladies
and it was tested on a few mothers. Their children were born deformed a year later in
1962. All the parents excepting 5 parents agreed to a settlement. So the distillers

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moved an application to the Appellate court to remove those 5 parents as next friends
so that the children could be represented by the Official Solicitor General. If that move
was accepted the case would not be reported as the official solicitor would agree to a
settlement. The Appellate Court's refusal is represented in Re Taylor's application. The
Sunday Times decided to investigate into the matter as it felt that the distillers were
also morally and legally responsible for the thalidomide children. Ten years had
elapsed since the children were born. On October 12, 1972, the Attorney General issued
a writ against the Sunday Times seeking an injunction to restrain them from publishing
the draft article, since in this pending litigation there is the danger of prejudicing a fair
trial in some way or the other. It was taken to the Appellate Court where the question
whether litigation is pending and actively is in suit' was questioned. The Appellate
Court held that this case is a matter of public interest and national concern so the
press has the right to make fair comments on it. 12 years have passed and no
settlement has been reached. if the papers report their facts right they do not commit
contempt of court. It was held that it was not actively in suit before the court. In this
case only 62 actions were settled in February, 1968 and for the last 123 children no
writs have been issued and in 266 actions only writs were issued 4 years back. But
they have not been brought to trial. The Appeals Court further noted that the
Parliament also discussed it and so the press cannot be denied the freedom of
expression. When the case went against the distillers they took it to the house of the
Lords where the distillers won. The Sunday Times took it to the European Court of
Human Rights which relied on Article 10 of the European Convention on Civil and
Political Rights (Right to freedom of expression) and upheld the claim of the Sunday
Times by a majority of 11:9.stating that the press has the right to impart information
on the thalidomide case.

B. WARD OF THE COURT

In this case a newspaper, the Daily Telegraph was held to be guilty of contempt of
court as it published a report of proceedings which was held in private. It published an
article titled. 'Jailed labor 'should visit hostel girl 16"'. It related to wardship
proceedings of a girl aged 16 years. In 1976, this girl who was 15 ran away with a man

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who was 28 years old. He administered drugs to her and had physical relations with
her. Her parents came to the court requesting their daughter to be made as the ward of
the court. She was placed in a hostel. The Daily Telegraph got information about the
visit of the man to the hostel. They made enquiries with the parents and the court
officials about the status of the case. No one told them that the girl was the ward of
the court and the parents told the press that the wardship order was a temporary one
and the period had expired. Assuming that the case is no longer sub judice, the Daily
Telegraph and the Evening Mail published this information to warn parents having
young girls to be vigilant and they published these articles. The case Re F (1977) came
up for hearing, the consent newspapers apologized for publishing this article which
was sub judice. They explained that it was done with no intention to go against the
court and also because they did not get any information about the status of the case.
They thought that the case was over and published this. The court did not file them for
contempt since it accepted their genuine explanations.

DECLINING TO ANSWER THE COURT

Lord Denning discusses the right of the press to maintain secrecy about the source of
information and whether it can be considered as contempt if it is not divulged in the
court of law. He discusses two cases in this regard namely; Attorney General V
Mulholland and Attorney General Vs Foster. These cases involved two journalists, one
of whom had written an article about the presence of a spy in the admiralty.
Immediately a Committee of Inquiry under the chairmanship of Lord Radcliffe was set
up to look into the matter. The Journalist vehemently refused to entertain any question
posed by the committee on the source of information.Thus he was charged with
contempt of court and sentenced to six months imprisonment. He later filed an appeal
in this regard. The other Journalist was sentenced to three months imprisonment. It
raised the question whether a journalist has any privilege in the matter. Lord Denning
observes that in view of the peculiar facts of the case in hand it was imperative on the
part of the Journalist to reveal the source of information or else it could be a baseless
allegation. Lord Denning further states that Journalists cannot claim any privilege for
refusing to answer the Judges and that Client Attorney privilege is the only legally

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recognized privilege whereby one can refuse to answer. Public Interest takes priority in
this case and the court held that the sentences of six months and three months
respectively passed on Mulholland and Foster, was not disproportionate to the serious
nature of the offence and hence cannot be set aside.

DOCKERS CASE
Contempt arising due to disobedience to the order of the court. The Courts have the
powers to issue orders commanding a person to do or not to do something. If he
disobeys, he can be punished for contempt with fine or imprisonment. A contempt of
court is a criminal offence.

THE 3 DOCKERS (CHURCHMAN VS SHOP STEWARDS)

This case discusses the above stated form of contempt. The Industrial Relations Act,
1971 set up a new court, the Industrial Relations Court which was opposed by ·the
trade union and their members. Three dockers in the east end of London picketed a
depot on which the court issued an order commanding them to stop the picketing.
However, they continued to defy the order of the court which on 14th June, 1972 gave
an ultimatum to the three men to appear before on or before 16th June by 2 p.m. They
were waiting for this order and expecting to be arrested and continued to picket the
depot. They were waiting to be arrested to be hailed as martyrs and the trade union
would paralyze the enter nation, by calling a national strike. The Official Solicitor
applied on behalf of these persons and made them withdraw the order. The power of
the court was affected and more importantly the trade union could not capitalize on
the issue.

THE 5 DOCKERS
Five weeks later on the 26th of July, 1972 the same drama unfolded once again when
5 dockers picketed a depot. Again the industrial court gave orders threatening to
imprison them. The Official Solicitor was also about to- intervene. But by then the
House of Lords gave a decision in Heaton's case, which was said to affect the matter.
Their decision was communicated to the President of the Industrial Court who had to

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revoke the order of committal once again. The general strike was once again averted
and the nation was saved. An analysis of these 2 cases reveal that the weapon of
imprisonment should never be used in the case of industrial disputes.

VICTIMISATION OF WITNESSES
Witnesses are vital for efficient working of courts and also for the administration of
justice. If witnesses refuse to testify the doors of the court have to be closed.
Intimidating or Victimizing the witnesses for testifying in the court may also be
considered as contempt of court.

THE TRADE UNION MEMBER IS EXPELLED FROM HIS OFFICE (ATTORNEY GENERAL
VS BUTTERWORTH)
This case was debated and considered in 1962. Mr. Butterworth and others were on
the committee of the branch of a trade union. Mr. Greenlees had to go to the restrictive
practices court and give evidence. It was not liked by the others and in order to punish
him he was deprived of his post as Branch delegate and Treasurer. It was reported to
the Attorney General who considered the action of Mr. Butterworth and the others as
contempt of court. The Attorney General appealed to the Appellate Court. The Court
concurred with the Attorney General's views and held that victimization of witnesses is
also a contempt of court and it interferes with justice and of the concerned Union
Members, three had to pay 200 pounds each and three had to pay 300 pounds each
which went toward the Attorney General's cause. Further apologies were also tendered
by them.

THE TENANT IS EVICTED FROM HOME (CHAPMAN VS HONIG)

If a witness is victimized and suffers on account of being a witness then he can sue for
damages as contempt is considered a criminal offence. Differing views were
expressed in the case of Chapman Vs Honig. Since 1959 Chapman has been a tenant
in a landlord's tenement flats. The landlord had forcibly evicted one Harrand from his
tenement. Chapman was a witness to this incident and so Harrand requested him to
give evidence against the landlord. Later the court ordered him to give evidence which

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he did on the 22nd of June. 1962. The next day Chapman was served with a notice to
quit the tenement by 28th July, 1962. The reason was to punish Chapman for having
given the evidence. The Judge gave judgment to the plaintiff and he was awarded 50
pounds as damages. Immediately the landlord tried to evict Chapman from his house
forcibly. Lord Denning felt that the courts have to empower the witnesses by protecting
the tenant and by holding the notice as invalid. Here the opinion of the two judges to
give compensation was overruled and the tenant was refused permission to even
appeal to the Lords as the compensation sum was too meagre. Thus this case ended
without protecting the rights of the witnesses who were being victimized.
********

MODULE-II

COMMUNICATION SKILLS

COMMUNICATION - ITS ORIGIN AND MEANING

Communication is very important function to manage any organization whether it is
small or large In other words, nothing happens in management until communication
takes place. The word communication has been derived from Latin word "communis"
which means common. Thus communication means sharing of ideas is common. It can
be defined as exchange of facts, ideas, opinions or emotions between two or more
persons to create a common ground of understanding.Communication is the process of
passing information and message from one person to another. It involves at least two
persons e, a sender & a receiver. The sender develops & transmits a message to the
receiver. The purpose is to achieve common understanding between the sender & the
receiver. The basic unit of communication in an organization is the link between
manager & subordinator. Managers communicate to their subordinates & receive
messages from them. To be effective as a manager, you need to be an effective
communicator.

DEFINITIONS:

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  The Oxford English Dictionary defines communication as ‘the action of conveying
or exchanging information and ideas’.

 Herbert Simon rightly observed that, "without communication there can be no

organization, for there is no possibility then of the group influencing the behavior
of the individual"

 Peter little defines communication as "the process by which information is

transmitted between individuals and or organizations so that an understanding
response results"

 F.A.Cartier and K.A.Harwood define "communication as a process for conducting

the attention of another person for the purpose of replicating memories".

 According to Allen Lui (Louis), "Communication is the sum of all the things one
person does when he wants to create understanding in the continuous process
of telling, listening, understanding and responding".

 Communication is defined as "The flow of material, information, perception,

understanding and imagination among various parties". Business includes those
organizations, which are engaged in the production and distribution of goods and
services to earn profit. Simply, Communication is an exchange of facts, ideas,
opinions or emotions by two or more persons.

PURPOSE OF COMMUNICATION
In its broadest sense, the purpose of communication in an enterprise is to effect change
to influence action towards achieving the goals of the enterprise. Communication is
essential for the internal functioning of the enterprises, because it integrates the
managerial functions. Especially, communication is needed to:
 establish and disseminate goals of an enterprise,

 develop plans for their achievements,

 select, develop and appraise members of the organization,

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  lead, direct, motivate and create a climate in which people want to contribute.

 control performance,

 develop rapport with various agencies and organizations concerned with the
business enterprise.

The Management Process

External Environment
Enterprise - Customers
- Goals
- Suppliers
- Planning Communication
- Wholesalers
- Organizing
- Retailers
- Leading
- Government
- Controlling
- Community
The Purpose and Functions
- Others
of Communication:
The above figure graphically shows not only that
communication facilitates the managerial functions but also help an enterprise to relate
to its external environment. It is through information exchange that managers become
aware of the needs of customers, the availability of suppliers, the claim of stockholders,
the regulations of governments, and the concerns of a community.It is through
communication that any organization becomes an open system interacting with its
environment.
METHODS OF COMMUNICATION
In the process of communication, the ideas that we wish to express need a device
through which they can be sent. Thus any message must necessarily have a medium.
The selection of the medium is determined by a variety of factors like context, purpose
of communication, the needs of the receiver, the speed and cost of the message, time
taken in the transmission and the urgency of the message. A businessman may need to
use different methods or media in different situations to suit his needs. The choice of

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the right medium will increase the effectiveness of the message. There are two
methods of communication; verbal and non-verbal. A message, when expressed in
words, either spoken or written, is an example of verbal communication. A message can
also be expressed non-verbally, using gestures or signs, where no words are used.
Today, transmission of messages is speeded up with the advent of the electronic media.
Thus electronic media has become a major mode of communication.
VERBAL NON-VERBAL ELECTRONIC

Oral, Written Body language, Silence Fax

Face-to face, Facial Expression, Signs Computers
Letters Gestures, Visuals, Internet
Telephone, Memos Postures Email
Notices Poster Colours
Circulars Dress & Grooming, Maps
Reports Proxemics, Graphs
Charts

1). VERBAL COMMUNICATION

Verbal Communications language to communicate messages Languages spoken and
written words therefore verbal communication includes oral and written communication.
A. Oral communication: Oral communication is communication by means of the spoken
word It can take place as a face to face meeting or over the telephone. It could be a
personal and informal communication, or a formal interview, business meeting a confer
mice or a speech before an audience. Principles of Effective Oral Communication: Oral
communication is a very effective and powerful medium. Effective oral communication
depends on the speaker following certain principles. These principles are as follows:
 Know your objective: You must know what you want your message to do you
may need to inform, to entertain, to convince, to express an opinion, or to explain.

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  Know your audience: Consider carefully the nature of your audience- their age,
level of understanding, their occupations and their level of interest in your
message.

 Know your subject: Prepare your message thoroughly. See that you know your
main ideas and key points. You must also know your facts and figures.

 Know (how to use) your voice. While talking the tone of the voice is important.
You should use polite and friendly tone.

NON-VERBAL COMMUNICATION:
It means communication without the use of language or words. Non-verbal
communication is a process of communication that occurs without words.
(Communication which occurs through our body movements, space, time, voice
patterns, color layout and design of our surroundings). It includes appearance, body
language, silence, etc.

Classification of Non-Verbal Communication:

1. Kinesis
2. Proxemics
3. Time language
4. Para language
5. Physical context

1. Kinesics: Kinesics is the study of body physical movements. It is the way our body
communicates without words and it's occupying a major aspect of non-verbal
communication process. When we communicate our thought process and attitude is
transmitted in the form of body movements by which our inner state of mind is reflected

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in our movements. Thus you can realize these expressions by face and eyes, gestures,
posture and physical appearance. Facial expression is the first way to communicate
particularly eyes and eye movement. We can express happiness, surprise, fear, anger
and sadness everything through our eyes. The gesture is our body parts especially arms,
legs, hands and head convey meaning. All these movements are made rationally along
with our speaking and not made with any intention. Body shape is related to our
biological factor and it is natural but poster is how we stretch our body in different
styles. Body shapes are classified in to three they are ectomorph which is thin, youthful,
and tall then the mesomorph is muscular fit body and finally endomorph which is fat,
round, and soft. Appearance includes clothes, hair style, jewelry, cosmetics and such
styles which we include in our daily life by which we communicate how we want to
project our self.

2. Proxemics: It involves how we arrange personal space and what we arrange in it.
They create meaning in your mind and others mind as well. They are also called
personal space language which involves how we are maintaining relationship with a
person with intimate space, personal space. Social space and finally public space. All
these things are typical example of our relationship space with our father, friend, boss
and a stranger.

3. Time language: Time language is all about the meaning we convey through time. In
western countries time equates money because their business culture is like that. The
same thing apply may differ for other cultures. Therefore, time language is associated
with culture as well. 4. Paralanguage: It involves how we say something in different
pitch, tone and voice modulation such as slow or fast. Based on voice language we infer
people background and personality.

5. Physical Context: It refers to our surroundings, color, layout and design of our
physical environment. For example, color of the building and room, design of table and
chairs etc. All these things communicate a lot to our feelings and emotions. Non-verbal
communication is an art as well a skill. We communicate through letters, reports, mails

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but they are all one-way communication but daily we communicate with people which is
a two-way process.

Categories of non-verbal communication and their importance in

communication process
Communication may be verbal - by written or spoken symbols (usually words) or it may
be
Nonverbal - without words. Non-verbal messages are sometimes more clear, accurate
and effective as compared to verbal communication, because they are internationally
used and understood. Nonverbal communication may be divided into the following three
categories:
1. Appearance
2. Body Language
3. Silence, Time and Sounds.

1. Appearance: Appearance affects the quality of written and spoken messages as

follows:
i. Written Messages: The envelope's overall appearance size, colour, weight,
postage and the letter's overall appearance length stationary, enclosures, layout,
etc. may convey significant information and impressions.

ii. Spoken Messages: Personal appearance of the speaker clothing, jewelry, hair-
style, neatness, etc. may tell about the age, sex occupation, and nationality,
social, economic and job status. Similarly, appearance of the surroundings
room size, location, furnishings, lighting, etc. may tell a lot about the message.

2. Body Language: Facial expressions, gestures, posture, smell, touch, voice etc
are included in body language.

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 i. Facial Expression: The eyes and face may express the hidden emotions e.g anger,
fear, joy, love. Surprise, sorrow, interest etc.

ii. Posture and Gestures: The message can effectively be communicated by

actions. Deaf people and traffic constables make use of actions. In our daily life
clenched fists may indicate anger; leaning forward to the speaker may reveal
interest and repeatedly glancing at the watch may be a sign of being bored.

iii. Smell: Good or bad smell often expresses the situations e.g. smell because of oil
or gas leakage warns the danger. Similarly, fragrance and perfume convey
emotions and feelings better than spoken or written words.

iv. Touch: Touching people in different ways (and places) can silently communicate
friendship, love, approval, anger or other feelings.

3. Silence, Time and Sounds

i. Silence: Silence is an effective medium of expressing serious feelings and

emotions e.g. death of relative or loss in business. A mistake may be admitted
by silence. Silence may also confirm a statement.

ii. Time: Time communicates in many ways, e.g. waiting for a long time may
indicate interest or love and giving a short notice means urgency.

iii. Sounds and Para-language: The style of speaking and the volume of voice
(Intonations and Modulations) of voice may produce variations between what is
said and what is meant. Example, the words "How prompt you are?" may criticize

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 a person arriving too late.

IMPORTANCE OF NON-VERBAL COMMUNICATION

1. Reliability: Non-verbal communication is more reliable then verbal communication.

Words can be controlled more easily but it's difficult to hide facial expressions like
sadness, gladness, joy etc. So non-verbal communication is regarded as a more reliable
means for transmitting message.
2. Support to verbal communication: Body language and appearance support the
verbal communication. A wave of hand, smile etc. might be very useful to explain and
understand a particular point of view.
3. Quickness: A denial or acceptance expressed by moving head saves lot of time. So, it
is important in this respect that non-verbal communication transmits the message
quickly.

Functions Of Non-Verbal Communication

There are following six functions of it.
(1) To provide information either consciously or unconsciously.
(2) To regulate the flow of conversation.
(3) To express emotion
(4) To qualify, complement, contradict or expand verbal message.
(5) To control or influence others.
(6) To facilitates specific tasks, such as teaching a person.

TYPES OF COMMUNICATION:
There are several types of communication in our practical life. It depends on
organizational pattern: parties of organization involved: number of workers, pattern of
activates etc. The types of communication are shown through a diagram:

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 A.
BASED ON PARTIES
1. External communication: External communication is the process of exchanging
information with the people of various external or outside parties of the organization.
Generally these parties are stakeholder of the organization.
2. Internal communication: Internal communication is the process of exchanging
information among the people of different level or internal participants within the
organization.
i. Horizontal communication Horizontal communication is the communication
where information or messages flows between or among the parallel or same
level or statuses people of the organizational structure.

ii. Vertical communication: Vertical communication is the communication where

information or messages Blows between or among the subordinates and
superiors of the organizational.

 Downward communication: Downward communication is the communication

where information or messages flows from the top of the organizational
structure from the bottom of the organizational structure.

 Upward communication: Upward communication is the communication where

information or messages flows from the down/bottom of the organizational
structure from the top of the organizational structure.

 Cross or diagonal communication: Diagonal or cross communication occurs

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 when information flows between persons at different levels who have no direct
reporting relationship. It is used to speed information flow, to improve
understanding to coordination etc. for the achievement of the organization.

B. BASED ON FORMALITY
 Formal communication: Formal communication is the process of exchanging
information by following the prescribed or official rules, procedures, systems
formalities, chain of command etc. in the organizational structure.

 Informal communication: It refers to interchange of information unofficially. This

communication is based on informal relations (like friendship, membership of
the same club. the same place of birth, etc.) and, therefore, is free from all the
organizational formalities. The exchange of informal messages usually takes
place on the occasion of community meals, social occasions, parties, etc. On
such occasions, the superiors gather such information from their subordinates
as may be difficult to get through formal communication. Such communication
includes comments, suggestions, etc. Under this, communication takes place
through gesticulation, moving of head, smiling and by remaining quiet. For
example, a superior wants to complain against his subordinate to his higher
officer and at the same time he is afraid of giving it in writing. This can be
conveyed to the higher officer through informal communication. say during the
course of a conversation.

Informal communication is also called GRAPEVINE COMMUNICATION. It is an

informal channel of business communication. The management can use
grapevine to supplement the formal channels of communication. The patterns,
types or kinds of grapevine may divide into different ways. Keith Divide grapevine
into four categories-

 Single strand

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 Gossip

 Probability

 Cluster

 Single strand or straight chain: Single strand network is an information network

where one person will tell a message to another person and he will communicate
it to another one person. The third person also will tell the same message to
another one person.

 Gossip or star chain: Here all the persons in the communication network talk one

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 another informally. In this network someone stays in the center of the system. He
is the main or pivotal person.

 Probability chain: Probability network is an informational network where each of

the individual randomly tells others the same message. The source of
information for each of the person hearing the message is different.

 Cluster chain: Cluster network is an informational network where someone first

tells the message to the selected individuals and those selected individuals pass
the same information to other selected individuals and the process continue in
the same way. Most of the informal communication follows this chain. Here the
pivotal or the center person passes the information to the other persons who
pass the information to the other selected persons.

CHARACTERISTICS OF INFORMAL OR GRAPEVINE:

(1) Formation through Social Relations: This communication is born out of social
relations who mean that it is beyond the restrictions of the organization. No superior-
subordinate relationship figures therein. A more sociable superior can gather much
information through this channel.
(2) Two types of Information: Through this communication, about the work and
information the individual can be collected.
(3) Uncertain Path: Since it is beyond the restrictions of the organization, it
follows no definite channel. Like a grapevine, it moves in a zigzag manner.
(4) Possibility of Rumor and Distortion: Responsibility for the true or false nature
of communication does not lie on any individual and, therefore, not much attention is
paid to its meaning while communicating. Consequently, the rumors keep floating.
(5) Quick Relay: Informal communication makes news spread like wildfire. Not
only this, people start adding something of their own which sometimes changes the real
meaning of the communication.

ADVANTAGES:
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The informal channel of communication has the following advantages:
1) Fast and Effective Communication: Under this communication, the messages
move fast and their effect as equally great on the people.
2) Free Environment Informal communication is done in a free environment. Free
environment means that there is no pressure of any office-big or small. The
reactions of the employees can easily be collected
3) Better Human Relations Informal communication saves the employees from
tension. Freedom from ion helps the establishment of better human relations.
This also affects the formal communication.
4) Easy Solution of the Difficult Problems: There are many problems which cannot
be solved with the help of formal communication. There is more freedom in
informal communication which helps the solution of difficult problems.
5) Satisfying the Social Needs of the Workers: Everybody wants good relations with
the high officers at the place of his work. Such relations give satisfaction to the
employees and they feel proud. But this can be possible only with the help of the
informal communication,

DISADVANTAGES:
The defects or limitations of the informal communication are as follows:
1) Unsystematic Communication: This communication is absolutely unsystematic
and it is not necessary that information reaches the person concerned.
2) Unreliable Information: Most of the information received through this
communication is undependable and no important decision can be taken on its
basis.

DIFFERENCE BETWEEN FORMAL AND INFORMAL COMMUNICATION

1. Formal communication is communication that takes place through the formal
official channels. Whereas informal communication is communication that takes
place by passing the formal channels
2. Formal Communication is not flexible but Informal communication is flexible.
3. Formal communication is totally controlled by the management. On other hand

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 informal communication cannot be controlled by the management.
4. Informal communication has documentary evidence. Informal communication
has no documentary evidence.
5. In Formal communication official discipline is strictly maintained, but in informal
communication Official decorum and discipline are not followed.
6. In case of formal communication secrecy can be maintained. Here in informal
communication maintaining secrecy is very difficult.
7. Formal communication is time consuming. But in case of informal
communication Less time is taken for transmitting information
8. Formal communication is expensive whereas informal communication is less
expensive than formal communication.
9. In case of formal communication, there is almost no chance of
misunderstanding. In informal communication due to lack of control
misunderstanding can takes place.
10. In formal communication official discipline is maintained chance of mistakes is
very low. On the other hand, in case of informal communication strict rules are
not followed, there for possibility of mistakes is very high.

C. BASED ON MEDIA
 Written communication: Written communication is the process of
communication in which messages or information is exchanged or
communicated within sender and receiver through written form.

 Oral or verbal communication: Oral or verbal communication is the process of

communication in which messages or information is exchanged or
communicated within sender and receiver through without using any spoken or
written word.

D. OTHERS
 Mass communication: Mass communication is a process of transmitting
information, thoughts, opinions or attitude through specific channel or media to a

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 large number of heterogeneous audiences.

 Personal communication: When people exchanged information related to their

personal life or personal affair is known as personal communication.

 Interpersonal communication: Interpersonal communication occurs when two

individuals are involved or exchanging information, ideas, opinions, feelings
relating to the personal, social, organizational, national and international matter
who are located in the same place. It is a of face-to-face communication
between individuals where messages may be verbal (that is, expressed in words)
or they may not involve words at all but consist of gestures, facial expressions,
and certain postures (body language)

PRINCIPLES OF EFFECTIVE COMMUNICATION:

According to the 7 Cs, communication needs to be:
1. Clear. 2. Concise. 3. Concrete 4. Correct. 5. Coherent. 6. Complete. 7. Courteous.
1. Clear: When writing or speaking to someone, be clear about your goal or
message. What is your purpose in communicating with this person? If you're not
sure, then your audience won't be sure either. To be clear, try to minimize the
number of ideas in each sentence. Make sure that it's easy for your reader to
understand your meaning. People shouldn't have to "read between the lines" and
make assumptions on their own to understand what you're trying to say,
2. Concise: When you're concise in your communication, you stick to the point and
keep it brief. Your audience doesn't want to read six sentences when you could
communicate your message in three. Are there any adjectives or "filler words that
you can delete? You can often eliminate words like "for instance," "you see,"
"definitely," "kind of." "literally." "basically," or "I mean."
3. Concrete: When your message is concrete, then your audience has a clear
picture of what you're telling them. There are details (but not too many!) and vivid
facts, and there's laser-like focus. Your message is solid.
4. Correct: When your communication is correct, it fits your audience. And correct

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 communication also error free communication.
5. Coherent: When your communication is coherent, it's logical. All points are
connected and relevant to the main topic, and the tone and flow of the text is
consistent.
6. Complete: In a complete message the audience has everything they need to be
informed and it applicable, take action.
7. Courteous: Courteous communication is friendly, open, and honest. There are no
hidden insulins are passive-aggressive tones. You keep your reader's viewpoint in
mind, and you're empathetic to their needs.

BARRIERS TO COMMUNICATION
Communication is effective if it flows freely in a communication loop between the
sender and receivers). Free flow means uninterrupted transmission of the
information/the message through an appropriate medium, correct comprehension of
the message by the receiver and a relevant and appropriate feedback from him.
Misunderstanding, Irrelevant response and undesirable reactions are the consequences
of a failed communication exercise. Failure of effective communication results in loss
of valuable time, resource, material and even life. You know that in an authoritarian set
up, be it a state or a business or even a family, communication is unidirectional and is
so fragile that it would snap anytime leading to irreparable damage. Though these may
be indirect results of communication failure, an effective channel of communication
could have reduced the damage. When we say that someone has an open mind, we
mean that he is transparent and receptive which in turn means that he is flexible and not
rigid. All these characteristics are related to the mental make-up and communication
Wyle of the individual. Barriers to communications range from the simple distracting
noises to the ions complex psychological factors. These barriers may cause a simple
communication gap or a total failure of communication. A communication gap can be
bridged but retrieval of a situation, damaged by miscommunication would be rather
difficult.

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The barriers to communication and the ways and means of overcoming them to achieve
effective communication.
1. Barriers to communication result in undesirable reaction and unfavourable
response.

2. The communication exercise fails because the feed back is absent or falls short

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 of expectation

3. Barriers to communication are caused by environmental, physical, semantic,

attitudinal and varying perceptions of reality

The barriers of communication can be classified as follows:

I. Environmental and Physical barriers:
(a) Time-adopt appropriate fast channels of communication
(b) Space-maintain the distance in the communication exercise as determined by the
situation
(c) Place-Avoid overcrowded incommodious and ill-lit, ill-ventilated places to achieve
effective communication
(d) Medium-Choose the appropriate medium oral/written (sign (audio/visual) medium
II. Semantic Barriers:
Connotational meanings of words-Choose the correct and precise word depending on
context and the receiver's felicity in the use of language.
III. Cultural Barriers:
Understand and accept the cultural variations in individuals and groups. Appreciate
them and adopt your communication style to them.
IV. Psychological Barriers:
Try to understand the receiver's mental makeup and attitudes
V. Perception of Reality:
Try to understand the different levels of perceptions of a situation and an issue. Be
open,
flexible and transparent.

RELEVANCE AND IMPORTANCE OF COMMUNICATION

Importance of Communication:
1. Communication is life blood of any business, organization or institution. Nothing can
be run
Without effective communication
2. The communication motivates the spirit of understanding and co-operation.

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3. It is an effective tool of supervision.
4. It is very important for maintaining good human relationship.
5. It is useful for motivating the people.
6. It is important for collecting and distributing information.
7. Communication is important for keeping good contacts and for
8. One can develop one's own personality by developing communication. A good
communication
skill is a vital aspect of personality.
9. Communication needed to impart the knowledge
10. It is essential to carry out day-to-day activities.
11. Raise awareness,
12. Motivates the people for a purpose.
13. Communication is for development of the individual, organization, society, nation,
country
14. Communications helps the administration in arriving quick decision and
implementation.
15. Good communication is essential for proper planning and coordination.
16 A Manager's Executive's success is conditioned by his ability to understand the
needs and
requirements of both employees and customers.
17. Better communication helps better job performance.
18. Effective and timely communication promotes cordial relations and work culture
among the
employees for increasing production and creates healthy and happy environment
within and
outside the organization.
19. Communication' is a key instrument to create relations, to strengthen relations
between the
two people or a group of people.

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IMPROVING COMMUNICATION
Although many problems make effective communication difficult the picture is not
entirely bleak. As an entrepreneur manager, you can improve your communication
effectiveness. Whether communication is effective it can be evaluated by the intended
results.

Guidelines for Improving Communication

Senders of the messages must clarify in their minds what they want to communicate.
This means that the purpose of the message and making a plan to achieve the intended
end.
Clarity is very essential in any communication: Effective communication requires that
encoding and decoding be done with symbols that are familiar to the sender and the
receiver of the message. Thus managers should avoid unnecessary jargons, which is
intelligible to the experts in their particular field. Common problems in written
communications are that writers omit the conclusion or bury it in the report, are too
wordy, and use poor grammar, ineffective sentence structure and incorrect spellings.
Yet a few guidelines may do much to improve written communication: Writing style
should fit the situation and the effect the writer wants to achieve. The forceful style
should be used when the writer has power. The tone should be polite, but firm.
The planning of the communication should not be done in a vacuum. Instead, other
people should be consulted and encouraged o participate to collect the facts, analyze
the message, and select the appropriate media. Make certain that your message is
complete. If you do not supply all of the necessary information people make
assumptions about the missing information. This can result in incorrect meaning.
Select the proper time to communicate. Messages received too early or too late
decrease communication effectiveness. People are most receptive when there is a need
for information. If information is received too late, it may be of no value. Another aspect
of timing concerns the volume of communication.
At times we suffer from communication overload: we miss some of the information
transmitted to us You need to be careful not to add to communication overload, rather
select a better time to communicate. Encourage upward communication. Feedback is

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one of the most important steps in the communication process. Without feedback you
cannot be certain the receiver has actually understood what you have communicated.
Managers need to be particularly conscious of the importance of checking subordinates
reactions to communications. In face-to-face communication, direct feedback is
possible. Upward communication is necessary to get employees ideas, opinions, and
suggestions. Such communication does not occur automatically, it must be encouraged.
We need to develop good relationship with our employees, one that is characterized by
openness and trust. Once this relationship is established. employees will feel more free
to communicate, to respond to our communication, and to make suggestions on their
own. There is a saying that the tone makes the music, Similarly, in communication the
tone of the voice. the choice of language, and the congruency between what is said and
how it is said influence the reactions of the receiver of the message. An autocratic
manager ordering subordinate supervisors to practice participative management will
create a credibility gap that will be difficult to overcome. People believe in actions more
than they do in words. Actions speak louder than words in the long run. The amount of
difference between what one says and what one does is that person's communication
credibility gap. When a person's credibility gap is large, poor human relations are likely
to follow, such as losing confidence in that person. The function of communication is
more than transmitting information. It also deals with emotions that are very important
in interpersonal relationships between superiors, subordinates and colleagues in an
organization. Furthermore, communication is vital for creating an environment in which
people are motivated to work towards the goals of the enterprise while they achieve
their personal aims.

*******

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 MODULE-III

E-COMMUNICATION

COMMUNICATION IN A GLOBALISED WORLD AFTER LPG

The economy of India had undergone significant policy shifts in the beginning of the
1990s. This new model of economic forms is commonly known as the LPG or
Liberalization, Privatization and Globalization model. The primary objective of this
model was to make the economy of India the fastest developing economy in the globe
with capabilities that help it match up with the biggest economies of the world. The

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chain of reforms that took place with regards to business, manufacturing, and financial
services industries targeted at lifting the economy of the country to a more proficient
level. These economic reforms had influenced the overall economic growth of the
country in a significant manner.
GLOBALIZATION: The term globalization can be used in different contexts. The general
usages of the term Globalization can be as follows
i. Interactions and interdependence among countries

ii. Integration of world economy.

iii. Deterritorisation.

By synthesizing all the above views Globalization can be broadly defined as follows:
It refers to a process whereby there are social, cultural, technological exchanges across
the border. The term Globalization was first coined in 1980s. But even before this there
were interactions among nations. But in the modern days Globalization has touched all
spheres of life such as economy, education. Technology, cultural phenomenon, social
aspects etc. The term "global village" is also frequently used to highlight the
significance of globalization. This term signifies that revolution in electronic
communication would unite the world. Undoubtedly, it can be accepted that
globalization is not only the present trend but also future world order.

EFFECT OF GLOBALIZATION ON INDIA:

Globalization has its impact on India which is a developing country. The impact of
globalization can be analyzed as follows:
1. Access to Technology: Globalization has drastically, improved the access to
technology. Internet facility has enabled India to gain access to knowledge and
services from around the world Use of Mobile telephone has revolution used
communication with other countries.

2. Growth of international trade: Tariff barriers have been removed which has
resulted growth of trade among nations. Global trade has been facilitated by
GATT, WTO etc.

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 3. Increase in production: Globalization has resulted in increase in the
production of a variety of goods. MNCs have established manufacturing plants
all over the world.

4. Employment opportunities: Establishment of MNCs have resulted in the increase

of employment opportunities.

5. Free flow of foreign capital: Globalization has encouraged free flow of capital
which has improved the economy of developing countries to some extent. It has
increased the capital formation.

NEGATIVE EFFECT OF GLOBALIZATION:

Globalization is not free from negative effects. They can be summed up as follows:
1. Inequalities within countries: Globalization has increased inequalities among the
countries Some of the policies of Globalization (liberalization, WTO policies etc.) are
more beneficial to developed countries. The countries which have adopted the free
trade agenda have become highly successful. E.g.: China is a classic example of
success of globalization. But a country like India is not able to overcome the
problem.

2. Financial Instability: As a consequence of globalization there is free flow of foreign

capital poured into developing countries. But the economy is subject to constant
fluctuations. On account of variations in the flow of foreign capital.

3. Impact on workers: Globalization has opened up employment opportunities. But

there is no job security for employees. The nature of work has created new
pressures on workers. Workers are not permitted to organize trade unions.

4. Impact on farmers: Indian farmers are facing a lot of threat from global markets.
They are facing a serious competition from powerful agricultural industries quite
often cheaply produced agro products in developed countries are being dumped into
India.

5. Impact on Environment: Globalization has led to 50% rise in the volume of world

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 trade. Mass movement of goods across the world has resulted in gas emission.
Some of the projects financed by World Bank are potentially devastating to
ecological balance. E.g.: Extensive import or export of meat.

6. Domination by MNC: MNCs are the driving force behind globalization. They are in a
position to dictate powers. Multinational companies are emerging as growing
corporate power. They are exploiting the cheap labour and natural resources of the
host countries.

7. Threat to national sovereignty: Globalizations results in shift of economic power

from independent countries to international organizations, like WTO United Nations
etc. The sovereignty of the elected governments are naturally undermined, as the
policies are formulated in favor of globalization. Thus globalization has its own
positive and negative consequences. According to Peter F Drucker Globalization for
better or worse has changed the way the world does business. It is unstoppable.
Thus Globalization is inevitable, but India should acquire global competitiveness in
all fields.

COMMUNICATION TECHNOLOGY AND GLOBALIZATION

The spread of globalization has been helped to a large extent by the advances made in
the field of information and communication technology. In the following passages, we
will take a look at the impact of communication technology on globalization, and how a
sustained effort is needed to achieve an all-pervasive growth. You see an advert on TV,
and decide that you want to buy the product. You call on the number mentioned on your
TV screen and get to speak to a customer service agent. The agent gives you the
product details. verifies your address, takes down your credit card details, and gives you
the time-frame by which the product would be delivered to you.
You receive the product in a couple of days, and life goes on as usual. But, if someone
told you that the product that you just received was manufactured in England, packaged
in China, and delivered to you by a Korean company, you probably would be amazed.
And to top it up, the agent that you spoke to was not in Boston, but in Bangalore, India,
which it some eight and a half thousand miles away from where you are you must think,

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is this the world for real! This is just one of the examples in which communication
technology has precipitated globalization. It has played a major role in making the world
a global village and it is widely believed that globalization would have been a dream
without the help of communication. Globalization has been credited with bringing an
increased transparency in the world and communication technology has played a major
role in this Governments can now exchange data, research, analysis, and reports with
each other on a real-time basis and this has led to increased cooperation between
nations. One of the symbolic manifestation of globalization is the presence of multi-
national brands across the globe Companies like Coca-Cola, McDonalds, Nike etc. are
present in a number of countries and to conduct their business smoothly and effectively,
they rely on communication technology to a large extent. The latest innovations in web-
conferencing have made it possible for businessmen to interact with each other in
better way. The developments that we have seen in the business sector would have
never been possible without the presence of an effective communication system. One
of the prime examples is the surge in outsourcing that we have seen over the last
decade of so. Most US companies have saved around 30% to 50% of their costs by
taking their back-office, billing and customer services off-shore. The impact of
communication technology can be seen in the education sector as well. There are a lot
of students who are now able to get access to information through Internet. Students
can now get certifications from foreign Universities by completing an online program.
These innovations have brought a marked difference to the way education is imparted
and has led to an improvement in the quality of education. The impact of globalization
on banking industry has been prominent and today we can see various banks being
streamlined through effective communication channels. The innovation has also led to
the globalization of banking industry as leading banks from all over the world now have
their offices in almost every country of the world. While the impact of communication
technology has been overly positive, it has led to certain challenges. There is a wide
disparity when it comes to access to technology between developing and developed
nations. The developing nations do not have a proper infrastructure in place, which has
created challenges for a lot of people in these countries. This can be disadvantageous
to the developing countries and can lead to economic disparity. Globalization cannot be

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 exclusive as it encompasses the whole world and it is important that corrective actions
are taken to ensure that weaker sections of the society are not neglected. There has
been a lot of progress in the last few years and developing countries like Nigeria and
Kenya have started to take steps to encourage their people to be acquainted with the
latest developments in communication technology. It is important to remember that
there are various factors that have contributed to globalization and communication
technology is just one of them. However, it has played one of the most important roles
in spreading globalization. The concerns that are associated with the disparity can be
countered by making further innovations in communication technology. Globalization
pulls the countries out, from their detachment into the competitive world. A journey
towards new collaborations and unity, it has changed the world into a global village.
Both distance and isolation have been terrifically reduced.

ADVANTAGES OF GLOBALIZATION
 Employment

Considered as one of the most crucial advantages, globalization has led to the
generation of numerous employment opportunities Companies are moving towards the
developing countries to acquire labor force this obviously caters to employment and
income generation to the people in the host country. Also, the migration of people,
which has become easier, has led to better jobs opportunities.
 Education : A very critical advantage that has aided the population is the spread of
education. With numerous educational institutions around the globe, one can move
out from the home country for better opportunities elsewhere Thus, integrating
with different cultures, meeting and learning from various people through the
medium of education is all due to globalization. Developing countries or labor-
intensive countries have benefited the most.

 Product Quality : The onset of international trade has given rise to intense
competition in the markers. No longer does one find limited number of
commodities available. A particular commodity may fetch hundreds of options with

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 different prices. The product quality has been enhanced so as to retain the
customers. Today the customers may compromise with the price range but not
with the quality of the product. Low or poor quality can adversely affect consumer
satisfaction.

 Cheaper Prices : Globalization has brought in fierce competition in the markets.

Since there are varied products to select from, the producer can sustain only when
the product is competitively priced. There is every possibility that a customer may
switch over to another producer if the product is priced exorbitantly. Customer is
the King, and hence can dictate the terms to a very large extent. Therefore,
affordable pricing has benefited the consumer in a great way.

 Free Movement of Capital : Capital, the backbone of every economy, is of prime

importance for the proper functioning of the economy. Today, transferring money
through hanks is possible just by the click of a button, all due to the electronic
transfer that has made life very comfortable. Many huge firms are investing in the
developing countries by setting up industrial units outside their home country. This
leads to Foreign Direct Investment, which helps in promoting economic growth in
the host country.

 Communication : Information technology has played a vital role in bringing the

countries closer in terms of communication. Every single information is easily
accessible from almost every corner of the world. Circulation of information is no
longer a tedious task, and can happen in seconds. The Internet has significantly
affected the global economy, thereby providing direct access to information and
products.

 Transportation : Considered as the wheel of every business organization,

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 connectivity to various parts of the world is no more a serious problem. Today with
various modes of transportation available, one can conveniently deliver the
products to a customer located at any part of the world. Besides, other
infrastructural facilities like, distribution, supply chain, and logistics have become
extremely efficient and fast.

 International Trade : Purchase and sale of commodities are not the only two
transactions involved in international trade. Today, international trade has
broadened its horizon with the help of business process outsourcing. Sometimes
in order to concentrate on a particular segment of business it is a practice to
outsource certain services. Some countries practice free trade with minimal
restrictions on EXIM (export-import) policies. This has proved beneficial to
businesses.

 GDP Increase : Gross Domestic Product, commonly known as GDP, is the money
value of the final goods and services produced within the domestic territory of the
country during an accounting year. As the market has widened, the scope and
demand for a product has increased. Producers familiarize their products and
services according to the requirements of various economies thereby tapping the
untapped markets. Thus, the final outcome in terms of financial gain enhances the
GDP of the country. If statistics are of any indication, the GDP of the developing
countries has increased twice as much as before.

DISADVANTAGES OF GLOBALIZATION
 Health Issues: Globalization has given rise to more health risks and presents new
threats and challenges for epidemics. A very customary example is the dawn of
HIV/AIDS. Having its origin in the wilderness of Africa, the virus has spread like
wildfire throughout the globe in no time. Food items are also transported to various
countries, and this is a matter of concern, especially in case of perishable items.

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 The safety regulations and the standards of food preparation are different in
different countries, which may pose a great risk to potential health hazards.

 Loss of Culture: Conventionally, people of a particular country follow its culture and
traditions from time immemorial. With large number of people moving into and out
of a country, the culture takes a backseat. People may adapt to the culture of the
resident country. They tend to follow the foreign culture more, forgetting their own
roots. This can give rise to cultural conflicts.

 Uneven Wealth Distribution: It is said that the rich are getting richer while the poor
are getting poorer. In the real sense, globalization has not been able to reduce
poverty. Instead it has led to the accumulation of wealth and power in the hands of
a few developed economies. Therefore the gap between the elite and the
underprivileged seems to be a never ending road, eventually leading to inequality.

 Environment Degradation: The industrial revolution has changed the outlook of the
economy. Industries are using natural resources by means of mining, drilling, etc.
which puts a burden on the environment. Natural resources are depleting and are
on the verge of becoming extinct. Deforestation is practiced owing to the non-
availability of land, thereby drastically reducing the forest cover. This in turn creates
an imbalance in the environment leading to climate change and occurrence of
natural calamities.

 Disparity: Though globalization has opened new avenues like wider markets and
employment, there still exists a disparity in the development of the economies.
Structural unemployment owes to the disparity created. Developed countries are
moving their factories to foreign countries where labour is cheaply available. The
host country generates less revenue, and a major share of the profits fall into the
hands of the foreign company. They make humongous profits thereby creating a
huge income gap between the developed and the developing countries.
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  Cut-throat Competition: Opening the doors of international trade has given birth to
intense competition. This has affected the local markets dramatically. In recent
times the standard of living has improved. People are therefore ready to shell out
extra money for a product that may be available at a lower price. This is because of
the modern marketing techniques like advertising and branding. The local players
thereby suffer huge losses as they lack the potential to advertise or export their
products on a large scale. Therefore the domestic markets shrink.

 Conflicts: Every economy wants to be at the top spot and be the leader. The fast-
paced economy that is the developed countries are vying to be the supreme power.
It has given rise to terrorism and other forms of violence. Such acts not only cause
loss of human life but also huge economic losses.

 Monopoly: Monopoly is a situation wherein only one seller has a say in a particular
product or products. It is possible that when a product is the leader in its field, the
company may begin to exploit the consumers. As there exists no close
competitors, the leader takes full advantage of the sale of its product. which may
later lead to illegal and unethical practices being followed. Monopoly is disastrous
as it widens the gap between the developed and developing countries.

In the current scenario, the key to international success is global marketing Global
marketing is the competency of an economy to market its product in almost every
country. It is of utmost importance if the product has to make a mark and sustain
globally. A car manufacturer in one country will manufacture its product in a different
way than a car manufacturer in another country. But if both the manufacturers want to
sell their car in a third country then it must have a global appeal. Global marketing has
made known to the customer the existence and benefits of a product in the market
giving the product an identity. At the same time, it has failed to keep in mind the wants
and needs of every consumer, which are unlimited and several.

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ELECTRONIC COMMUNICATION
Communication using electronic media known as electronic communication. Such
communication allows transmission of message or information using computer
systems, fax machine, e-mail, tele or video conferencing and satellite network. People
can easily share conversation, picture, image, sound, graphics. maps, interactive
software and thousands of things for the development of electronic communication.
Due to electronic technology, jobs, working locations and cultures are changing and
therefore people can easily access to worldwide communication without any physical
movement. L.C. Bovee and Others said. "Electronic communication is the transmission
of information using advanced techniques such as computer moderns, facsimile
machines, voice mail, electronic mail, teleconferencing, Video cassettes and private
television networks."

Advantages of Electronic Communication

The following points highlight on the advantages of electronic communication:
1. Speedy transmission: It requires only few seconds to communicate through
electronic media because it supports quick transmission,
2. Wide coverage: World has become a global village and communication around the
globe requires a second only.
3. Low cost: Electronic communication saves time and money. For example Text sms is
cheaper than traditional letter.
4. Exchange of feedback: Electronic communication allows instant exchange of
feedback. So communication becomes perfect using electronic media.
5. Managing global operation: Due to advancement of electronic media, business
managers can easily control operation across the globe. Video or tele-conferencing e-
mail and mobile communication are helping managers in this regard.

Disadvantages of Electronic Communication

Electronic communication is not free from the below limitations:
1. Volume of data: The volume of tele-communication information is increasing in such
a fast rate that business people are unable to absorb it within relevant time limit.

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2. Cost of development: Electronic communication requires huge investment for
infrastructural development, frequent change in technology also demands for further
investment.
3. Legal status: Data or information, if faxed, may be distorted and will cause zero value
in the eye of Law
4. Undelivered data: Data may not be retrieved due to system error or fault with the
technology. Hence required service will be delayed.
5. Dependency: Technology is changing every day and therefore poor countries face
problem as they cannot afford new or advanced technology. Therefore poor countries
need to be dependent towards developed countries for sharing global network.

MODERN FORMS OF COMMUNICATION

Modern forms of Communication - Fax, Email and Videoconferencing
The technological advances of the past few decades have made it possible to transmit
printed messages, pictures and even live performances to all comers of the world with
speed.
With a single touch, you can send communications to a number of destinations. Not
only large business houses but even medium and small ones use them in their day-to-
day working. Among such means are fax internet/email and videoconferencing.
Fax:
Just as the conventional telephone carries voice, a fax or facsimile machine carries
printed messages (words and pictures in photocopy form) from the sender instrument
to the receiver instrument. The sender of a fax message prepares the copy on a sheet
(generally no larger than A4 size) which can be fed into the fax machine. He dials the
destination number, gets the fax tone and feeds the message into the machine. The
printed message is converted into electronic signals as the paper rolls through the fax
machine. This message is received in the same form at the other end on the paper roll
that is attached to the machine.
Fax machines may have these additional features:
(A) Remote activation: The owner may use a remote control device to operate the
machine

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(B) Despite power failure: The fax machine may be made to function even during a
power failure.
(C) Memory: The message sent may be retained in the memory of the machine. At the
receiving end, in the absence of paper, the message may be recorded in the machine for
developing a printout afterwards.
(D) Answering machine: At the receiving end, there need not be an operator to receive
incoming messages. They are automatically received.

Advantages:
A) Fax enables an accurate transmission of a document including pictures and
handwriting. Colour faxes are also a possibility.
B) Fax can be sent through a computer, in which case it is restricted to the
messages created on the computer.
C) A fax message can be confirmed on telephone to ensure its authenticity.
D) Faxes are admissible as proof in the court. In this respect they are superior to
email.
E) With repeat dialing facility, a busy number can be reached as soon as it becomes
free.

Disadvantages:
A) It is expensive compared to email and post.
B) Sometimes the reception is blurred due to channel defects or mechanical failure
at either end.
C) At the sender's or the receiver's end, the document to wrong people may be
exposed. Hence it is often difficult to maintain secrecy in sending and receiving a
fax message.
D) At the receiving end, the message is printed at the receiver's cost. In case
unwanted messages pour in the receiver has to bear the cost.

Specimen fax messages:

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There are new conventions about drafting and laying out a fax message. There is a
tendency to minimize the vertical space of the letter. If a business letter is to be sent by
fax, it is formatted in one of the following way:
SPECIMEN FAX NO. 1:
ABC Corporation:
1. M.G. Road, Nagpur
Fax Message:
To LMN Inc., Mumbai
From Joseph De Cunha
Subject Shortfall in your consignment
Date 4 July 2011
Page/s 1
We would like you to take immediate note of the shortfall in your consignment dated 1
July 2011 to us which was supposed to contain 40 stainless steel basins but contains
only 30. We trust you will check up with your dispatch section and make good the
shortfall at the earliest. Please confirm by fax.
Joseph De Cunha
Purchase Manager

SPECIMEN FAX NO. 2

Apes Importers Exporters
1244 Dock Yard Street, Mumbai,
Vax Message
To Kiran Jhaver Inc. From Raj Desai
Fax No. ATE/233 Subject Extension of L/C
Date 30 June 2011 Pages 2, including this one
As requested by you, we have arranged to extend the L/C dated 1 January 2011, which
was due for expiry on 30 June, to 31 July 2011. A copy of it is being sent alongside. We
hope you will take advantage of this and ship the garments within this date. In the event
you are unable to do so, we will be constrained to cancel the order. Please stay in touch
and advise the progress in shipping the order

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Raj Desai
Dy. Managing Director

INTERNET AND E-MAIL

Internet is an international computer network that links computers from sectors such as
government agencies, business houses, educational institutions and individuals. It
receives information, stores it and allows it to be read on satisfying certain conditions.
Internet Service Providers (ISP) allow one to create the e-mail ID free, hoping to recover
the com through the ads to which the user is exposed during the use of email. A typical
email address reads abcdef@xyz.com. Some other ISPs are BSNL, Yahoo, Hotmail, and
Gmail.
Note the use of only lower case (small) alphabets email in IDs.
Every time the user wants to send messages or check the incoming mail, he can reach
his ID by typing a password which makes the mail account private. However, once you
have submitted to the mechanism of email you do not know who might read this
"private" information far away. As such email does not guarantee 100% secrecy.

Advantages:
(a) Email is by far the cheapest and fastest means of sending printed information
(verbal as well as non- verbal). At one click of the button, hundreds of pages of
information can be sent to hundreds of email. Addresses worldwide (to be noted
by receivers upon checking the incoming mail or inbox). Added on from different.
(b) No paper is required. Messages can be created directly on the computer, and
computer files, CDs, floppies, etc.
(c) This facility is now available in many regional languages of India.
(d) It is informal and allows the sender to remain anonymous (since he can use any
name as his email ID, For instance J.K. Singh can use udankhatola as his email
name).
(e) Organizations and publishing houses take cognizance of messages coming via
email. Newspapers and magazines print letters that come via email.

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 (f) As long as you carry your password with you, you can open your email account
on any computer in the world which has this facility. You remain unencumbered
even with a mobile handset. You can just enter an internet cafe, pay the rent and
use the email. Email is extraordinarily portable.
(g) You can have an address book in your email account, record the incoming mails,
and edit them and so on.
(h) When you reply to an email message, the sender's message is automatically sent
back to him for ready reference.
(i) As human need and imagination guide, more innovations are possible.
(j) Email can enable an ongoing electronic conference. People across the world can
"meet" on internet and confer on a topic of common interest
(k) The receiver need not respond at once as on the telephone but can take his time.
Emailing helps to avoid a direct interface.
(l) In an organization, a subordinate may quickly and directly reach a superior on
email. Email makes an organization more democratic (as individuals have more
chance of being heard by the proper person even if he is several levels higher).

Disadvantages:
(a) Email, because of the potential anonymity, remains an informal channel of
communication.
(b) Excess use and flooding of unwanted messages (especially from advertisers) is
a major drawback of this system. Unless one takes care to block unwanted ads,
one finds one's inbox full of offers which maybe doubtful and insincere. Wading
through chunks of email is one of the biggest problems for those who depend on
email for their communication needs.
(c) One may not be private while using the computer for emailing. To that extent the
secrecy is lost.
(d) In case the receiver is unable to open his email account as soon as a message is
received, the message cannot work for him.

Guidelines for the use of email:

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Email is a new and peculiar means of communication, bringing in its own conventions:
(1) Your email message may be read by more persons than intended. So you have to
take care.
(2) At email message must have all the elements of good composition such as
brevity, clarity, courtesy.
(3) You may use the spell-check mechanism of the computer to ensure correct
spelling.
(4) The email format on the computer provides for sending and mentioning cc
(carbon copy) and subject line. These may be written for the receiver's
convenience.
(5) If a single email contains messages for various sections of an organisation, they
may be separated at the composing stage.
(6) You should not use all capitals in writing a message as this looks awkward and
rude.
(7) When responding to a message, only the essential part of it may be quoted and
the rest deleted.
(8) You may create the message in a different programme (such as WordPad or
notepad) and transfer it to your email.
(9) If you proofread on the computer screen, be extra careful.It may be noted that
the date and time of transmitting the message and the sender's email ID are
automatically conveyed on email. Still it is customary to write your email address
in the body of the email message.
Email ID is given in the body of the message especially when you invite a response
at a different ID. If there is a time lag between composing a message and sending it,
for whatever reason, then the date of composing may be written.

SAMPLE EMAIL

From: Sarah butes. Personal Assistant

To: Tom Peterson
Ce Alan Hickson, Production Manager

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 Bee: Katia Belmondo, Managing Director Sent: 12 January 200 14:54

Subject: Re: Request for dispatch confirmation

Attachment: Invoice doc

Dear Mr Peterson
Thank you for your mail. have checked with Mr Hickon, our Production Manager, and
I can confirm that the 200 cases you ordered left our warehouse yesterday and
should arrive at their destination by tomorrow at the latest. Please let me know if
there is any delay.
I am sending a copy of the invoice as requested, in the attached file.

Yours sincerely,
Sarah Bates
Personal Assistant

VIDEOCONFERENCING AND TELECONFERENCING:

This mode of communication begins in teleconferencing. A number of telephones are
simultaneously connected to one another. Teleconferencing is a facility enabling people
in different parts of the world to have an audio meeting (as opposed to dialogue), saving
on transit time and hotel stay. It helps in thrashing out a variety of opinions on a subject
to reach a faster conclusion.A further advance in this technology is computer
teleconferencing. The participants can react to the messages and inputs for the others'
knowledge. They may not even be present simultaneously for the computer
teleconference but add their contribution at their convenience.
Videoconferencing, however, is the closest it to hearing one another without present
together. The technologies used in a videoconference are monitor screen, camera,
microphone codec from decompress or equipment control pad at each location, and

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internet connectivity. With the page of time, this is becoming more popular and easier to
use. You often see it in TV interviews. You often see it in TV interviews. For a
videoconference, the participants get into a special room at their respective locations,
equipped with the gadgetry. They can see, hear, speak to others and show exhibits
without physical presence together. The entire proceedings can be recorded on video
tapes. As someone has jocularly put it, except for the mucks and coffee, everything else
is transmissible in a videoconference. At present, the privilege of the richer boniness
houses, videoconferences are set to gain wider popularity. Video classroom are another
possibility in this field, where an expert faculty member may teach a number of classes
in a number of towns simultaneously and answer the participants' queries.

WEBSITES AND THEIR USES IN BUSINESS

There are several advantages and disadvantages to having a website for the business
or limited company. In the modern age, more and more businesses are getting online. If
a person use World Wide Web: he will gain world level potential customers, sales and
profits. Having a website designed for the small business or limited company is just one
important step towards success.

Advantages of a Business Website

Reaching a Wider Audience: The first advantage of a business website is the potential
for reaching a wider audience. The internet is used by literally millions of people, all of
them are looking for something. Anyone, Anywhere & Anytime: An advantage of having
a website in business is to inform the details about your products and services. It can
be accessed by anyone. The internet is online 24 hours a day, 7 days a week. So even if
the concern is not open the website will provide all the information.
Easy Access To Business Information: With a website, customers can easily access
information about your business. They can see what products or services you sell, your
prices, your location and much more. Whatever you decide to tell them, they can find it
with a few clicks of a mouse.
Keeping It Fresh: Once a website is designed, you can keep it up-to-date to be relevant
to your business and encourage more visitors (and potential sales). More and more

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people are using a blog to promote their business. In fact, research shows that
Businesses That Blog Get More Traffic. So using a blog to keep content fresh and
attract attention could mean a big difference to your business.
Publicity & Advertising: You may think of the advantages of a website in terms of
advertising and publicity for your business. The costs of having a business website are
actually quite low. An affordable website design may cost you around £99, then you
need a suitable domain name and good quality webhosting and you're ready to go. The
ongoing costs are minimal, but the potential return on investment could be quite
significant. Think of your business website in terms of advertising for your business and
you'll be more likely to see the value.
Links From Others & Viral Marketing: Online-marketing With a website and the current
use of social media and marketing, it is quite possible for a good idea, clever product or
business service to go "viral Word spreads like wildfire across the internet and even the
smallest business can get worldwide recognition without any effort on their own part.
Viral marketing is a boom in recent years. Our recent article (Old Spice Viral Marketing
Boosts Sales By 107%) demonstrated how a simple campaign by Old Spice significantly
increased their sales. With a website, you too have the potential to do the same! If your
but is good people will link to it, people will talk about it and they will share their
thoughts Recognition of your business and your brand will grow.
Securing Your Brand Online: Having a website for your business is not just an
advantage; it's an essential way to protect your business brand online. Stake your
business claim on the internet or someone else will! There is a risk that if you don't have
a business website and secure a domain name relevant to your business then someone
else will do it for you. The act of Cybersquatting is now less prevalent since the
introduction new laws to combat it, but there is still a risk of someone innocently taking
your preferred domain name. Others with a gripe against your business might use a
website or social media accounts to damage your business reputation. Getting there
first will allow you to protect and secure your business brand online.

DISADVANTAGES OF A BUSINESS WEBSITE

There are a few disadvantages of having a website for your business. Generally though,

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they are outweighed by numerous advantages.
Reliability: The information on your website might be unreliable if not updated on a
regular basis. You need to ensure that changes are made when necessary and have a
disclaimer with regards to the reliability of the information contained within.
Crashes & Uptime: website-crash: A website that crashes is no good to anyone. This is
a serious disadvantage for a business. If your website is constantly crashing or
unavailable then people will not be able to find information about your business and you
could miss out on potential sales. An unreliable connection could also mean a plummet
in a websites search engine ranking. This is the reason why You Need Good Webhosting
For Your Business.
Difficultly Reaching the Right People: Because of the nature of the internet and the
sheer number of businesses already on the World Wide Web, you may find it difficult to
reach the right target audience with your website. Competition within your market may
be strong and the battle for the illusive No.1 spot on Google maybe a difficult one,
against a wealth of other businesses in your sector. This is not always the case and
there are ways around it such as using our Competitor Insight service to learn the
competitions secrets and targeting "long-tail" keyword. While Search Engine Essentials
can help improve your ranking and put your business on the right footing.
SPAM: We all hate spam. The internet equivalent of junk mail. This is one of the
disadvantages of a website which can cause you some grief. With a contact form or
your e-mail address published on your website, you'll soon find your inbox filling up with
spam e-mails unless you use FormGuard or a captcha tool.
Having a website risks attracting bad publicity. If a customer is unhappy with your
service or products. then they may feel the need to vent their frustrations online and
reference your website in their review/ comments. This could be potentially damaging,
hurting both your reputation and your search engine ranking Of course, not having a
website won't prevent such things happening but it might allow you to monitor and be
aware of it. Providing the best possible customer care and learning from your clients
feedback is the best possible course of action to combat this problem.

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 MEETINGS
A Meeting is a collective decision making process. Organizations generally have
appointed groups to supervise specific areas, commonly known as committees.Louis
Allen defines it as "A body of persons appointed or elected to meet on an organized
basis for the consideration of matters before it. A committee is also seen as a group
appointed by the parent organization which meets to investigate a problem and, later, to
formulate its report and recommendations
ABC Society for Prevention of Cruelty to Animals
191/N-Patria Avenue
Chennai 600 020
Phone: 044-32546565 Fax: 5864466

25/08/2015
Dear Sir/Madam,
Sub: Increasing annual subscription of the society
As you are fully aware, for the last one year the Society has been running in deficit
as a result of network of its activities which have spread over to all parts of the
country. It is, therefore, proposed to raise additional funds to tide over the present
financial bottleneck by increasing the rate of subscription of the members from Rs.
100 to Rs. 150, I trust, the proposal will receive your support carrying this into effect.

Yours faithfully,
For ABC
(V.RAJAN PETER)
Secretary

A committee meets,

 To get a clear perspective on a given proposition

 to arrive at a decision, based on facts and figures

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  to find out views, attitudes and emotions of the participants while tackling a
problem or facing a challenging

 to explore the most appropriate solution to a problem

 to collect data

Drafting of Notices, Agenda. Resolutions

 The first step in convening a meeting is to draft the notice which informs
members about the location, time, date and purpose of the meeting. Unless a
notice is sent, a meeting is not considered formal or legal.

 Irrespective of whether it is a formal meeting or an informal one. intimation

about the venue, time and purpose of meeting has to be sent out.

 Any formal intimation of the meeting must bear the following items:

The signature of authority. Normally, the secretary, in consultation with the chairperson,
drafts the notice. A formal notice should therefore contain the signature of the secretary
and the chairperson.
 It must be typed on the company's letterhead.

 It must mention the venue which should be convenient to all the members

 It must state the day and time of the meeting

 It must state the date on which the meeting will be held. The notice should be
circulated minimum two weeks/ 14 days in advance.

[In the case of the AGM 21 days, Board of Directors' Meeting, 7 days]
It must state the nature of the meeting (AGM. Statutory, Board of Directors Meeting
committee meeting etc.)
It must spell out the purpose of the meeting under the heading ‘agenda’.

REPORTS WRITING
Business managers, often, are required to write business reports of one sort or another.
In fact, such writing can be lucrative and the organizations that do not have the need or

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budget to hire a full time manager look for hiring such business executives who can
discharge the work on part time basis. Therefore, if you have read many business
reports, you know they tend to be dull and turgid. They do not have communication
balance that they need to have. While writing a business report won't let you use all your
creativity, you can apply the principles of good writing to create a document that
communicates the meaning with its underlying spirit and at the same time it needs to
be readers' friendly. As always, knowing to whom the report is more critical, implicit in
that knowledge is the question, "What do they want to know?" As a rule. readers of
business reports are looking for two things: the bottom line and how will it affect them.
It is also safe to say that your readers are busy, often extremely so, use these facts to
well structure the report. All too often business reports start with some sort of
introduction that includes a bit of history and, perhaps the taken to getting the results or
items being reported. Usually, however, the readers already have this information, so
start with the bottom line. This might involve money or it may be the action the report
recommends, or both. Make sure assertions and recommendations are backed up with
solid information. History and methods can often be used as back-up information, but it
will usually need to be rewritten so it fits. Business readers scan for the information
they need. Well-written headlines and subheads will help or guide them to the parts of
the report they actually need. If possible, write in the first person, as a ghost-writer.
Avoid the passive voice like the plague. Even if the samples you are given use a lot of
passive language, use the active voice, chances are the company will be delighted.
Groups of numbers should probably go into some sort of table or chart. They not only
break up large blocks of text, they also can clarify the information. Once you have a
handle on the information, create an tract or executive summary. Include the
recommended action and put this section right up front. Now you have been introduced
with a business report that communicates the needed information easily. A complete
business report must concentrate on: understanding the readers' expectations;
objectives and specifications for the research report, facts, conclusions, inferences, and
judgments, moving data to messages objectively; organizing using guideposts for
clarity; writing clearly: writing user-friendly audit reports, editing and writing concisely.

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TYPES OF BUSINESS REPORTS:
A report is a basic management tool used in decision-making. Hence, it is extremely
important for business executives. In a one-man business, the functions of reporting
and decision-making are combined in one man-the proprietor. He knows his business
inside out and is capable of making on-the-spot decisions. Therefore, he does not need
any reports. But large-scale organizations are engaged in multifarious activities, which
are being handled by different departments. Their top executives cannot keep a
personal watch over all these activities. So they have to base their decisions on the
reports they get from the heads of various departments. For large organizations, reports
are just indispensable. A report carries information from someone who has it someone
who needs it. A report, is a basic management tool used in decision-making.
Types of Business Reports: We can classify business reports in various ways. On the
bass of legal formalities to be complied with, we can have (1) informal reports, and (2)
formal reports.

1. Informal reports: An informal report is usually in the form of a person-to-person

communication. It may range from a short, almost fragmentary statement of facts on a
single page, to a more developed presentation taking several pages. An informal report
is usually submitted in the form of a letter or a memorandum.
2. Formal reports: A formal report is one, which is prepared in a prescribed form and is
presented according to an established procedure to a prescribed authority. Formal
reports can be statutory or non-statutory. A report prepared and presented according to
the form and procedure laid down by law is called a statutory report. Reports submitted
at the Statutory Meeting of Shareholders. Directors' Report to the Annual General
Meeting, Annual Return, Auditors' Report are statutory reports. Formal reports which are
not required under any law but which are prepared to help the management in framing
policies or taking other important decisions are called non-statutory reports.

On the basis of the frequency of issue, a report can be periodic or special

1. Periodic or Routine reports are prepared and presented at regular, prescribed
intervals in the usual routine of business. They may be submitted annually, semi-

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annually, quarterly, monthly. fortnightly, weekly or even daily. Generally, such reports
contain a mere statement of facts, in detail or in summarized from, without an opinion
or recommendation. Branch Manages of banks submit periodic reports to the Head
Office on the quantum of business transacted during a particular period.
2. Special reports are related to a single occasion or situation. Reports on the
desirability of opening a new branch or on the unrest among staff in a particular branch
are special reports. Special reports deal with non-recurrent problems.

On the basis of function, a report can be (1) informative, or (2) interpretative:

If a report merely presents facts pertinent to an issue or a situation, it is informative. On
the other hand. if it analyses the facts, draws conclusions and makes recommendations,
it may be described as analytical, interpretative, or investigative.
It a report presents production figures in a particular period, it is informative. But if it
goes into the causes of lower production in that period, it becomes analytical,
interpretative of investigative.

On the basis of the nature of the subject dealt with

we can have a (1) problem-determining port, or (2) fact-finding report, or (3)
performance, or (4) technical report, etc. In a problem-determining report, we try to
determining the causes underlying a problem or to ascertain whether the problem
actually exists. In a technical report, we present data on a specialized subject, with or
without comments.

On the basis of the number of persons entrusted with the drafting of reports
we can have (1) reports by individuals, and (2) reports by committees or sub-
committees.
Reports submitted by the Branch Manager, Personnel Manager. Marketing Manager, the
Company Secretary, The Auditor, the Solicitor, etc. are reports by individuals. These
reports are naturally related to the work in their own departments. Sometimes reports
are needed on subjects that concern more than one department, or they are so
important that it is thought advisable to associate more than one person with them. In

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such cases, committees or sub committees are formed to prepare reports. These
reports are formal in style and impersonal in tone and are prepared after a careful and
cautious deliberation of the members. Research Proposals and Report: Because
research is a cost to the organization in terms of personnel time and monetary
expenses, superiors want to know, what they will gain in return for expending these
resources. Thus, a research proposal is a structured presentation of what you plan to do
in research, why you plan to conduct the research, and how you plan to accomplish it.
The proposal gives those concerned with your research effect an opportunity to
evaluate your research approach. Every step of your proposal should be developed with
extreme care. Once it has been accepted, any substantive changes you may wish to
make must receive prior approval. Research proposal formats vary depending upon the
desires and needs of those who will appraise your work. It includes the following
sections:
1. Heading: Provide a neutral, descriptive title for your project, being careful not to
promise more than you can deliver. Include as a subtitle "A Research Proposal,"
your name, and the submission date. The subtitle (but not the title) may be
omitted from this page if you include a separate title page that includes this
information.

2. Introduction: Establish a definite need for your study. Include here the
background information about the problem, explaining enough to establish a
situation and to orient the reader. For credibility, include any information from
published sources that help to establish a need for your project. (More complex
research proposal may contain a separate "Review of Literature" section, which
would then immediately precede the "Procedures" section.)

3. Problem: On the basis of what you said in the previous section, a problem needs
answering. Introduce the problem statement and then, using neutral language,
state in question form the specific problem to be investigated (avoid yes-or-no
questions because your problem is probably more complex than that). Then
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 introduce the sub-problems, listing them in logical order. Taken together, the
answers to your sub-problems must provide a complete and accurate answer to
your problem statement.

4. Scope: The scope of the problem describes the boundaries you have established
for your research problem. It may rely on geographical boundaries, a segment of
a universe, a time period, or any combination of these. The scope (also called
"delimitations") indicates those parts of the topic that normally might be
considered a part of such a study but that you do not wish to include in your
study. Your report title and problem statement must reflect any major
delimitations imposed on your study. If you are using any terms in your study that
may be subject to different interpretations or that may be unfamiliar to the reader,
define them here.

5. Procedures: They Explain how you will conduct your investigation. Describe your
sources of data and methods of collection. To ensure that adequate data is
available to answer your problem, you should have identified most of your
secondary sources prior to writing your proposal. Likewise, you should be certain
that people whose help is needed for your study are available and willing to
cooperate. Regardless of how you organize this section, plan your procedures
carefully and present them in such a way that the reader has confidence that they
will enable you to provide an accurate and complete answer to your problem
statement.

6. Conclusion: Don't leave the reader hanging by ending your report abruptly.
Include an appropriate ending paragraph that provides a sense of closure for
your research proposal.

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 7. Reference: Include here the published sources (including Internet citations) to
which you actually referred in your proposal in your proposal. The author/year
style of citation shown in Model 18 is typical for business reports, but you should
use the citation style preferred by your reader or organization. (If your list of
sources is extensive, begin the list on a separate page-as would be done. in the
final research report.)

CHARACTERISTICS OF A GOOD REPORT

1. Precision: In a good report, the writer is very clear about the exact purpose of
writing it. His investigation, analysis and recommendations are directed by this
central purpose. Precision gives a kind of unity and coherence to the report and
makes it a valuable document.

2. Accuracy of facts: The scientific accuracy of facts is very essential to a good

report. Since reports invariable lead to decision-making, inaccurate facts may
lend to disastrous decisions.

3. Relevance: The facts presented in a report should be not only accurate but
relevant also. While it is essential that every fact included in a report has a
bearing on the central purpose, it is equally essential to see that nothing
relevant has escaped inclusion. Irrelevant facts make a report confusing;
exclusion of relevant facts renders it incomplete and likely to mislead.

4. Reader-orientation: A good report is always reader-oriented. While drafting a

report, it is necessary to keep in mind the person(s) who is (are) going to read it.
A report meant for the layman will be different from another meant for technical
experts.

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5. Objectivity of recommendations: If recommendations are made at the end of a
report, they must be impartial and objective. They should come as a logical
conclusions to investigation and analysis They must not reveal any self interest
on the part of the writer.

6. Simple and unambiguous: A good report is written in a simple, unambiguous

language. It is a kind of scientific document of practical utility: hence it should
be free from various forms of poetic embellishment like figures of speech.

7. Clarity: A good report is absolutely clear. Clarity depends on proper

arrangement of facts. The report writer must proceed systematically. He should
make his purpose clear, define his sources. state his findings and finally make
necessary recommendations. He should divide his report into short paragraphs
giving them headings, and insert other suitable signposts to achieve greater
clarity.

8. Brevity: A report should be brief. It is difficult to define brevity in absolute terms.

Nor can brevity be laid down as a rule. All that can be said is that a good report
is as brief as possible. Brevity should not be achieved at the cost of clarity. Nor
should it be at the cost of completeness. Sometimes the problem being
investigated is of such importance that it calls for a detailed discussion of facts.
Then this discussion should not be evaded. Brevity in report is the kind of
brevity one recommends for a précis. Include everything significant and yet be
brief.

9. Grammatical accuracy: The grammatical accuracy of language of a good report

is of fundamental importance. It is one of the basic requisites of good report as
of any other piece of composition. Who is going to read a report if its language

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 is faulty? Besides, faulty construction of sentences makes the meaning obscure
and ambiguous.

Selecting a suitable type of report:

Before a writer undertakes to prepare a report. he must consider the following points:
 What kind of report is requested or expected?

 How much time has been allowed to prepare the report?

 What is the purpose of the report?

 What exactly is to be examined?

 What facts are to be furnished?

 For whom is the report meant?

PREPARING A REPORT: Once you are clear about the purpose of writing a report, the
persons for whom it is meant, the facts to be examined and the facts to be included,
and the time at your disposal, and know what the of report you are going to write. it is
time to start the work. In Write Better, speak better the following five steps are
suggested to write a report.
1. Investigating the sources of information: Investigating the sources of
information is a kind of spadework. It is to be done right in the beginning. The
extent of investigation will, of course, depend on the length and importance of
the report.

2. Major sources of information are: company files, personal observation,

interviews, letters, questionnaires, and library research. Most of the relevant
information is already contained in the old files of the Company. Sometimes
there are precedents, and old findings and recommendations may be of
considerable help. So it is very important to go through the old files of the

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 Company. Declining sales or rising cost of production are recurring phenomena.
And their causes are also usually similar. In these cases, old files may be
containing some valuable information.

 In reports on a fire accident or on the progress of a project, personal observation

will be great help. It needs on the spot enquiry to ascertain the cause of a fire or
to find out why the work of installing a new plant is going on rather slowly.

 Complaints from customers about unsatisfactory service being provided by a

branch might necessitate interviews. Interviews with the members of the staff
may also be of some help. These interviews should be carefully recorded, clearly
indicating the persons interviewed and the time and place of the interview.
Sometimes, instead of personal interviews, may be written to different people.

 When a large number of people are to be contacted, the only practical method is
to make use of questionnaires. Such questionnaires are often prepared by large
business houses to ascertain the popularity of their products or to find out the
possibility of introducing some new products into the market. Questionnaires
should never be lengthy. Questions should be prepared in such a way that they
do not call for writing lengthy answers. Questions that just require ticking off one
of the many alternatives suggested are the best. If the results of the
questionnaire are incorporated in the report, a copy of the questionnaire should
also be included.

 In reports on subjects of general nature, library research may be found useful.

This includes reference to standard reference books and past as well as current
issues of

newspapers, trade publication and magazines.

3. Taking notes: In the course of investigations, the writer keeps on taking notes of
anything that appears to be related to the subject. Then there is no time to
analyse them and determine how they will be of help in the final report. But as the
writer deeps turning them in his mind over and over again, a kind of patter starts

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 emerging and he begins to be clear about what is relevant and what is not. It is a
very general kind of pattern but it gives the writer at least a starting point.

4. Analyzing the data: Now is the time to analyze the collected data in the light of
the pattern that has evolved. A lot of data will have to be rejected while a need
might be felt to collect more data. The final pattern will emerge at this stage. The
writer should never hurry through this stage, since this the most important stage
in writing a report.

5. Making an outline: Once the final pattern of the report has taken shape in the
writer's mind he should prepare an outline to write the report. In this outline the
problem is stated, the facts are recorded, they are briefly analysed, and the
logical conclusion is arrived at. An outline is not essential but it should be found
extremely helpful in writing a systematic report.

6. Writing the report: The last stage is that of writing the report. It will need a
constant shuttling between the outline and the notes. First a rough draft of the
report is prepared. Then it is revised pruned and polished. If the writer has some
more time at his disposal, he will find it advantageous to come back to his rough
draft after, say, a couple of days. This short interval will make his revision work
really meaningful. The writer should also be careful that he langrage of the report
is simple. unambiguous and free from grammatical errors. It is now time to type
it out in a proper form and submit it.

STRUCTURES OF BUSINESS REPORTS

Business reports are used extensively in organizations, and it is valuable for any
executive to develop an effective report writing style Business reports come in many
forms, from lengthy formal reports to the shorter variations used within departments.
Therefore, the writing style should reflect the nature of the report content.
A report can be organized in three ways: Letter form: Memorandum form, and Letter
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text combination form
1. Letter form: In the case of brief, informal reports, the arrangement followed in
business letter is adopted. Its main parts are heading or the title, date, address,
salutation, the body, complimentary close, and signature. It is usually written in
the first person I or we. The body of the letter can be further divided into the
following parts:

 Introduction: The introductory paragraphs present the terms of reference

and the subject of study. Here the writer states the problem confronting
him in the light of the terms of reference and the relevant circumstances.

 Findings: The next few paragraphs present the finding of the investigation.
.

 Recommendations: Recommendations that logically follow the findings

are given in the last paragraph of the body.

2. Memorandum form: Adopting the memorandum form is a simpler way of

presenting the report since here the formalities of the letterform are done away
with. The data is mentioned at the top. It is followed by the name of the person to
whom the report. Next follows the actual text and the conclusion. As in the
letterform, the text of the report is divided into paragraphs with headings and sub
-headings. Large business houses have different types of printed forms to send
reports. This simplifies the procedure and ensures uniformity of style.

3. Letter-text combination form: Long reports are usually written in the letter-text
combination form.

Structure of Formal Reports: In general. long formal reports follow a recognized

structure, made up of title page, table of contents, executive summary, introduction
section, the main body of the report. conclusions section, recommendations and
appendices.

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Title Page: The title page, as its name suggests, identifies the report, so that it can be
distributed to those individuals who are authorized to receive it. The title page should
also contain sufficient information to enable the report to be retrieved easily once it is in
storage. This page should be attractively laid out, as it is the first page that the reader
see's, and first impressions are important!

Table of Contents: The table of contents lists the main sections or chapters that appear
in the report and the page number for each.

Executive Summary: The executive summary plays an important role in the business
report. Its function is to provide busy individuals with an overview of the report contents.
Therefore, the summary should be interesting enough to encourage the executive to
return to the report when he/she is less busy! The normal length of the summary is
between 350-550 words, and the summary should contain the objective(s) of the report,
main findings, conclusions or recommendations. However, some extensive reports
concentrate on presenting an overview of the conclusions or recommendations.

Introduction Section: The introduction should set out the aims and objectives of the
report and provide background information about the matter being investigated or
discussed. In addition, the author(s) of the report should explain how the data presented
in the report has been gathered, and how the report itself is structured.

Main Body of Report: This section presents the main findings concerning the report's
subject matter. These findings should be laid out in a clear and logical fashion, so that it
is easy for the reader to follow the author(s) train of thought. It is usual to put the most
important findings at the beginning of the section. It is important to use a system of
headings, sub-headings and numbers to break large chunks of text down into smaller
paragraphs.

Conclusions Section: In the section, the main findings are assessed. Any conclusions
presented should be fair and unbiased, and should not be used as a means of

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highlighting the author's subjective opinions.

Recommendations: Recommendations for further action should only be made when the
specific aims of the report, or terms of reference, dictate that recommendations be
provided in the final report. Any recommendations made should be presented in order
of importance and be written in a very precise manner, so that the readers are clear
about the author's intentions.

Bibliography: If the report is based on extensive research, the works consulted by the
writer are given in the bibliography. The bibliography may also include works
recommended for further study.

Appendices: There are times when large amounts of data or statistics cannot be easily
inserted into the main findings. Therefore, this information can be placed in an appendix
at the end of the report. Clear references should be made to the appendix in the main
body of the report. This approach is very valuable where several long tables of data
must be contained in the report.

Glossary: It is the list of technical words used in the reports and their explanations.
Whether these words report. are to be given in the beginning or the end or in footnotes
is entirely a matter of the writer's choice. Besides, whether the glossary is needed al all
depends upon who is going to read the report. If it is going to be read by knowledgeable
people who are already familiar with the terms, there is no need to include the glossary
in the report.

Signature: A report must be dated and signed by the person(s) who has (have)
submitted it. In the case of a report prepared by a committee or a sub-committee, if it is
very important, all the members may sign it, otherwise the signature of the Chairman
will suffice. If the report is not unanimous, it may be signed only be the assenting
members. The dissenting members may submit a separate minority report or they may
sign the majority report with a note of dissent.

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Finally, it is wise to proof-read the report before it is printed to ensure that there are no
spelling errors, and that the page numbers indicated in the table of contents match
exactly the pages on which headings appear in the report!

AGENDA
An Agenda is a list of items to be deliberated upon in a meeting. The reason behind
circulating the agenda is to inform members about the purpose of the meeting, so that
they can come prepared and participate in the meeting. Agendas are useful for many
meetings such as those in government institutions, nonprofit organizations and
businesses. Agendas generally include a reading of the last meeting's minutes or notes,
relevant announcements, a review of the topics for
discussion and a roll call. Although agendas take time to set up, in the long run they can
save
time and resources.

IMPORTANCE OF HAVING AN AGENDA FOR MEETINGS

A well-structured meeting agenda is a valuable tool for ensuring that meetings achieve
desired results within the time allocated. The outline of activities to be carried out, as
well as the list of specific topics to be discussed, should aim at guiding the participants
through the meeting. Therefore, an agenda plays a significant role in ensuring that the
meeting is productive.

Advance Communication: An agenda ensures that pertinent information concerning the

issues to be discussed is passed to the participants in advance. As a result, it will give
participants ample time to do their research and consultations since the agenda
contains a list of the topics or issues to be tackled. Additionally, participants will know
whether they are scheduled to talk or
make presentations. All the members invited for the meeting know what to expect.

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Meeting Objective: An agenda is significant in keeping the participants focused on the
topic at hand. This is because it contains a list of the goals of the meeting, as well as
the major issues essential in keeping the discussion centered on the meeting's purpose.
Alternatively, this can be achieved by informing the participants of the priorities or giving
a consideration to all issues and projects that affect each participant.

Engaging the Members: In addition to emphasizing the purpose of the meeting, a brief
verbal preview of the agenda at the beginning of the meeting helps set the pace of the
meeting. It also gives participants an opportunity to identify a standpoint regarding an
issue, as well as where to fall back when the meeting gets off topic. As a result,
participants get to understand the flow of the meeting and to adequately engage
themselves in the discussions.

Time Management Tool: An agenda provides a step-by-step framework for having an

effective and efficient meeting. It helps ensure effective use of participants time,
especially if the agenda includes a time that will be allowed for each wem on the
agenda. Sticking to the time allotments helps participants stay focused on important
issues and concerns.

THE ADVANTAGES OF AN AGENDA

Complete Discussion Goals: Agendas provide an outline of discussion topics. The
outline prevents the moderator or members of the meeting from forgetting important
topics to introduce. When all topics are thoroughly discussed, valuable decisions can be
made as a group during the meeting instead of hurriedly making plans outside the
meeting. Input and suggestions from a variety of perspectives improves the quality of
performance by members.
Assists in Communicating Important News Agendas provide an opportunity to inform
members through announcements about critical events, goals and tasks. Agendas
enable members who might not have access to everyone in the organization to
announce important news and hear news of interest. Without an agenda.
Announcements may not be communicated to all the members, which can result in

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confusion and resentment. Agendas also recap previous meetings to help members
review the progress made and narrow the focus for the current meeting.
Provides Equal Opportunity to Contribute: Agendas generally mention items to be
discussed for the next meeting. This gives the members a chance to ponder the
discussion topics before the meeting. At many meetings, outspoken members are more
than eager to participate while reserved individuals may be more hesitant. However,
knowing what is going to be discussed enables members to research topics of interests,
think about how the topics apply to their realm and then make thoughtful, quality
contributions at the meeting.
Organizes Meeting: An agenda prioritizes the most important activities, boosts
productivity and focuses the members. The mere presence of an agenda creates a
formal atmosphere and discourages members from wasting time. The agenda prepares
the moderator and encourages consistency and organization. An agenda also sets the
objectives and gives the members a goal. This organizes the thoughts of the members,
direction of the meeting and the action after the meeting.
Contributes to Archives: A collection of past agendas is an ideal record for external and
internal institutions, organizations and the public for viewing the progress of your
organization. The documentation helps the public and organization members assess
past decisions, remind them of previous events or important figures and formulate
feasible goals. The roll call also helps administration determine the most dedicated
members by counting attendance and reviewing contributions to the meeting. This can
help with decision on which members to promote or assign the role of addressing the
public.
THE DISADVANTAGES OF AN AGENDA
One potential disadvantage of a structured agenda is that it often prevents
conversations from evolving on a topic that participants deem important. If a meeting
goes off the agenda topic-even if what's being discussed is of great value-leaders often
cut the conversation short so the meeting goes back on topic. A strict agenda may also
minimize opportunities to initiate on the-spot, spontaneous topics during the meeting
This hampers the free flow of ideas that often result in favourable results.

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ABC PRIVATE LIMITED
Chennai 600 004
The next quarterly meeting of the Board of Directors will take place on
Monday 17th September, 2015 at 5 p.m. in the conference room

AGENDA
1. Minutes of the last meeting
2. Matters arising from the minutes
3. Financial irregularities at Dharwar branch
4. Reorganisation of work in Bangalore branch
5. Any other business
6. Date of next meeting

Your logo here [Sample first meeting agenda]

PYRAMID MODEL TEAM MEETING
Date:
Place:
Agenda
Objectives:
1. Provide an orientation to the initiative
2. Adopt ground rules for collaborative planning
3. Review draft action plan format
4. Review purpose of team
5. Adopt goal/vision
6. Identify challenges to goal/vision
7. Confirm team membership
8. Plan next steps
9. Identify meeting roles
10. Evaluate meeting
Agenda:
9:00 Welcome, review agenda and confirm next meeting time and place

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 9:15 Review purpose of team
9:30 Review, revise and adopt ground rules for meetings
9:45 Review draft action plan format
10:00 Adopt goal/vision for the group's planning
10:45 Identify challenges to the goal/vision and strategies for addressing
challenges
11:45 Review team membership: do we have who needs to be here given
our
vision? Other venues for stakeholder input?
12:45 Plan next steps: roles for next meeting: objectives for next meeting:
discuss
training trainers, selection of coaches and demonstration sites, etc.
1:00 Complete meeting evaluation

MINUTES OF THE MEETING

The official written record of a meeting Minutes serve as a permanent record of the
topics considered, conclusions reached, actions taken, and assignments given.Minutes
may be kept by any individual in attendance at a meeting and are usually distributed to
all members of the unit represented at the meeting.Minutes are generally written in the
simple past tense.
MINUTES BOOK
Binder or bound book containing permanent and detailed record of the deliberations of,
and resolutions adopted at a firm's official meetings. All incorporated or registered
firms are required by law to maintain an up-to-date minute book which should be
accessible to all members of the firm at the firm's registered office or legal address.
THE MAIN PARTS OF MEETING MINUTES
Many organizations use a standard template or a special format for keeping minutes,
and the order of the parts may vary.
Heading: The name of the committee (or other unit) and the date, location, and starting
time of the meeting.

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Participants: The name of the person conducting the meeting along with the names of
all those who attended the meeting (including guests) and those who were excused
from attending.
Approval of previous minutes: A note on whether the minutes of the previous meeting
were and whether any corrections were made.
Action items (including unfinished business from the previous meeting): A report on
each topic discussed at the meeting. (For each item, note the subject of the discussion,
the name of the person who led the discussion, and any decisions that may have been
reached.)
Announcements: A report on any announcements made by participants, including
agenda items for the next meeting.
Next Meeting: A note on where and when the next meeting will be held.
Adjournment: A note on the time the meeting ended.
Signature line: The name of the person who prepared the minutes and the date they
were submitted.
Observations
"In writing minutes, be clear, comprehensive, objective, and diplomatic. Do not interpret
what happened. simply report it. Because meetings rarely follow the agenda perfectly,
you might find it challenging to provide an accurate record of the meeting. If necessary,
interrupt the discussion to request clarification. "Do not record emotional exchanges
between participants. Because minutes are the official record of the meeting, you want
them to reflect positively on the participants and the organization."
Guidelines for Writing Meeting Minutes
- The recorder should be able to write the minutes in neur final form as the
meeting progresses…

- The minutes should focus on results and agreed-on actions. . .

- The minutes should be highly summarized, not a burden to read. Be brief,

summarize outcomes and points of agreement and disagreement: don't record
detailed input. . .

- Avoid writing minutes for the purpose of informing those who were not at the

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 meeting . . .

- Write the minutes soon after the meeting and distribute them promptly (within a
day or two).

MEMORANDUM
The basic function of a memo is to solve a specific problem by making the reader aware
of specific information. A memo can be written to persuade others to take action or give
specific feedback on a particular matter. When written properly, memos can be very
effective in connecting the concern or is of the writer with the best interests of the
reader. A memo can be as simple as one paragraph to arrange meeting or complex
enough to need several pages with subheadings. Here are examples of both. Memo
(short for memorandum) is a business-oriented style that is best suited for interoffice or
inter colleague correspondence. More informal in tone and organization than a letter,
memos are generally used to provide or ask for information, announce a new policy,
update on personnel transfers, or for any other internal issues.
Elements of an Effective Memo
An effective memo
 grabs the reader's attention

 provides information, makes a recommendation, or asks for action

 supports your position or explains benefits to reader

 mentions next steps and deadlines

 When composing a memo, follow the same rules as effective letter page.

 Always take the four-step approach to writing plan what you want to say, write a
draft, revise the draft, and edit.

Types of Memos
There are four types of memos you might have to write, each with its own
organizational format:
1. Information,
2. problem-solving

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3. persuasion, and
4. Internal memo proposal.

1. Information Memo
 used to deliver or request information or assistance.

 first paragraph provides main idea

 second paragraph expands on the details

2. Problem-solving Memo
 third paragraph outlines the action required

 suggests a specific action to improve a situation

 first paragraph states the problem

 second paragraph analyses the problem

 third paragraph makes a recommendation when making recommendation,

include not only the positive details but also the drawbacks and diffuse them
yourself

3. Persuasion Memo
 used to encourage the reader to undertake an action he or she doesn't have to
take

 first paragraph begins with an agreeable point

 second paragraph introduces the idea

 third paragraph states benefits to the reader

 fourth paragraph outlines the action required

 fifth paragraph ends with a call to action

4. Internal Memo Proposal

 used to convey suggestions to senior management

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  first paragraph states reason for writing

 second paragraph outlines present situation and states writer's proposal

 third paragraph describes advantage(s)

 fourth paragraph mentions and diffuses disadvantage(s)

 fifth paragraph ends with a call to action

MEMO PARTS
More informal in appearance and tone than a letter, a memo is set up in a special
format. Headings, lists, tables or graphs are often used to make the information more
readable. All memos consist of two sections: the heading and the body. The heading
indicates who is writing to whom, when, and why. The heading should include the
following parts:
1. To
 lists the names of everyone who will receive the memo for formal memos,
memos

 includes the first and last name and titles or departments of the recipients to
superiors, or if everyone on the list does not know each other if all know each
other's names and positions, use just the first initial and last name of each
recipient

 can be listed alphabetically or by rank

 if it is not possible to fit all the names in the To: area, use the phrase "See
distribution list"

 at the end of the memo add the word "Distribution" and then list the names of the
people who will receive a copy of the memo

 arrange the names by rank, department or alphabetically

2. From
 lists the name of the writer(s) in the same way as the name(s) of the recipient(s)

 there is no complimentary close or signature line, but authors initial their names
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 on the From: line

3. Date
 lists the month, date, and year the memo was written

 do not use abbreviations

 avoid using numbers for months and days

4. Re: or Subject
 indicates the main subject of the letter

 should be as specific and concise as possible

5. Cc or c
 lists those readers who should have a copy of the memo for their information or
reference but are not expected to carry out the same action as the recipients
listed in the To: line

 "cc" can also be placed at the end of the memo below the distribution list (if used)

The body of the memo conveys the message and generally consists of four parts:

1. Introduction: states the general problem or main idea

2. Statement of facts: states the facts or discusses the problem or issue

3. Argument: explains importance or relevance of facts

4. Conclusion: summarizes the main idea, suggests or requests action

 Memos do not have a complimentary close or signature line

 Memos end with a call to action
MEMO
S & S PRIVATE LIMITED
CHENNAI

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 To : Health & Safety Committee
From : Joe Chan, Chairperson, H&S Cite
Date : 30 Aug '15
Subject : Room change for next meeting
The meeting on Saturday, 3 October has been changed to Room 101.
Signature
Designation
end with a call to action

SAMPLE MEMO

OFFICE ORDER
Office orders are used for horizontal communication. Office order is issued by
competent authority Office order contains instructions related to office works, change
of working hours, instruction on closed holidays. Message by senior authorities when
they take over some organization, promotions etc. Office orders are issued periodically
like every Monday or on ever 1st of month etc. The sequence of the information is pre-
decided. An office order has an element of "order" passed by the issuing authority
intended to be followed by the target group of viewers concerned.
Date: 10/08/2015
OFFICE ORDER
Subject: Extension of enhanced pay scale to Mechanics and Assistant Care Takers
1. The Board at its meeting held on August 25, 2015decided to extend the enhanced pay
scales of Mechanics and Assistant Care Takers wef 01.09.2015 subject to possession
of requisite qualification and having passed the prescribed computer proficiency test
are as under:-

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 Post Existing Pay Scale Revised Pay Scale

Mechanic Rs. 3050-4590 (V CPC) Rs. 3200-4900 (V CPC)

Assistant Care Taker Rs. 3050-4590 (V CPC) Rs. 3200-4900

(VCPC)
Pending response regarding assessment from MHRD with regard to the above revision
of pay scale in respect of Mechanics as well as Assistant Care Takers, undertaking from
the all concerned employees are required to be submitted in the prescribed enclosed
format for further necessary action. The said undertaking to be submitted through
proper channel will be received in the Administration Section latest by 30.12.2015.
(Sanjeev S Kashalkar)
Registrar Copy to:
1. All Heads/Departments/Sections/Units
2. DR (Admin.)
3. DR (F&A), Accounts Section

OFFICE CIRCULAR:
Office circular an advertisement (usually printed on a page or in a leaflet) intended for
wide distribution It need not be issued by competent authority but generally it is issued
by officers or managers Circulars are for specific purpose or event like meeting, or any
other event. There is no order of any authority. It is just an information about some rules,
regulations or routine process of circulating some information to intended viewers for
being aware about the same.

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 OFFICE CIRCULAR
To: All staff members
From : The Managing Director
Date : 10/08/2015
Sub Seminar on August 15, 2015
Dear Team,
1. I would like to take this opportunity to invite all to you for one day seminar
on_________ We have invited two professional speakers Mr.___________&
Mr.__________
for this seminar.
2. This seminar will be held on August 15, 2015 at_______ from 12:00 PM to4:00
PM. Lunch arrangements has been made in the club canteen Seminar is
interactive and there will be Fun activities for everyone.
3. This seminar is organized for employee's education & motivation, which can
lead us to take our organization to higher levels. Employees are expected to be in
office as per regular Saturday timing We all will proceed to the venue together
from office by 11:30 AM.
Please note: Attendance is mandatory for all the employees.

Prakriti Joshi
Date: -

OFFICE NOTES
Office notes are used for horizontal communication. They are exchanged between
departments, or between officers of almost equal rank asking suggestions or seeking or
giving information about some matter concerning their respective departments.
Office notes usually follows the memo format.

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 S&S PRIVATE LIMITED
CHENNAI
DATE: June 14, 2015
TO: Kelly Anderson, Marketing Executive
FROM: Jonathon Fitzgerald. Market Research Assistant
SUBJECT: Arrangements for a meeting

Dear Kelly Anderson,

Kindly make sure that all arrangements for the reception of the delegation from
China
are perfect. There should not be any confusion or running around after their arrival
Everything should be in place by 9.00 am tomorrow. Report completion of
arrangement to me by 7.00 pm today.
Signature
Designation

*******

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 MODULE-IV
LOGICAL REASONING

THE SCOPE OF LOGIC

The essential feature which distinguishes man from other creatures is his ability so
reason. This reasoning ability is revealed when men infer, argue or demand proofs. Men
sometimes reason well, and sometimes badly. We use various expressions to indicate
this The words "correct", "valid" and "logical stand for good reasoning, and the words
"incorrect", "invalid" and "illogical stand for bad reasoning. The science which enables us
to draw these distinctions is logic. Logic furnishes principles and methods for
distinguishing between correct and incorrect reasoning

We are familiar with the process of drawing conclusion from the data. The terms
"interference' and 'reasoning are used for this process. In an inference the thinker
passes on from one or more given statements, accepted as true, to another statement,
this follows from them. The given statements are called the premises. The statement
which follows from them is called the conclusion. Let us take an example.

All honest men are trusted.

All good men are honest.
All good men are trusted.
Here the statements "All honest men are trusted" and "All good men are honest are the
premises. The statement "All good men are trusted" is the conclusion.

DEFINITION OF LOGIC
The science of logic has developed along two different, though related, lines. One line of
development has been influenced by the doctrines of Aristotle. The other line of
development was due to certain advances in mathematics. The logical doctrines of
Aristotle, and those who followed him, are called Traditional Logic, while the doctrines
of those logicians who were influenced by mathematics are called Mathematical Logic.
As the mathematical logicians make greater use of symbols, their treatment is also

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called Symbolic Logic. Symbolic logic or mathematical logic developed in modern times.
Therefore, it is commonly called Modern Logic. We should bear in mind that modern
logic does not differ radically from traditional logic. It is a
development and extension of the principles of traditional logic. Traditionally, logic was
defined as the science which investigates the general principles of valid thought. It is a
systematic inquiry into these principles. It provides principles which will enable a person
to distinguish between correct and incorrect arguments. The above definition regards
thinking as the subject-matter of logic. The term "thinking is too wide. It applies to
several mental processes. These include not only reasoning, but also imagining,
daydreaming and remembering. All these processes cannot be the concern of the
logician. Logic deals with reasoning’s alone. Its task is to study the difference between
good reasoning and bad. Moreover, thinking, being a mental process, is subjective. It is
something that occurs in the mind of the thinker. We cannot consider this process from
the point of view of its validity. For instance, how can we determine whether our
daydreams are valid or invalid? These objections show that the above definition is
unacceptable.

Logic and Psychology

Logic is not the only science whose subject-matter is thinking. There are other sciences
like Psychology which also study thought. Both Logic and Psychology are interested in
the mental process known as thinking. But there is an important difference in their
approach to the subject matter. We have already seen how Logic as a normative
science is interested in studying the ideal or to their attainment. Positive sciences are
those which study things as they describe them. All natural sciences like Physics,
Chemistry. Botany etc. are positive sciences. Normative sciences are those which study
things as they ought to be with reference to an ideal. Therefore, it follows, that the
interest of Psychology is only in the processes of thought whereas the interest of Logic
lies in the product of thought. To the former what is important is the nature of thought
and the meaning. It is with this meaning side of thought that Logic is concerned. Logic
differs from Psychology in another way also. The subject matter of Logic is thinking
alone. It has no direct concern with the other aspects of the mind. But Psychology,

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which is the science of behaviour, is interested not only in thinking but also in feeling
and willing. Psychology describes pleasure and pain, acts of will, as well as logical
thinking. All these are studied for their own sake, whereas Logic studies thinking alone,
and that too with a definite ideal, viz., the attainment of truth. Hence there is a two fold
difference between Logic and Psychology. In method Logic is normative and
Psychology is positive, and with regard to subject-matter Logic deals with
thinking alone, whereas Psychology has to cover the entire behavior.

Logic and Ethics

If Logic deals with thinking from a normative standpoint, ethics deals with the willed
activity of man from a normative standpoint. Man's actions are judged to be right or
wrong. by referring them to a standard of goodness. Just as in Logic, the reasoning’s of
man are judged to be true or false by referring them to a standard form of reasoning, so
also in Ethics, we judge man's willed behavior to be good or bad by referring it to the
ideal of goodness. Ethics gives us the norm for willing and Logic gives us the norm for
thinking. Both are concerned with what ought to be. Both Logic and Ethics agree in
method, but the subject- matter is different. Logic, as a normative science of thought,
has set for itself a difficult problem. It has to think about thought and discover laws
which govern thought in its search for truth. But how is this done? Whose thoughts are
we to take as the pattern for logical study? We cannot, definitely, take our own thoughts
as the subject-matter of Logic. Because it is difficult to observe thought when it is
actually being thought. Also, we cannot take our own thinking us an example of all
thinking. It is also not possible for us know exactly and correctly the thoughts of others
through direct observation. It may be asked: What is the practical use of study of Logic?
People have been thinking correctly throughout the ages without logical training. Also
those who have received logical training may go wrong in their thinking. Even then, it is
useful to study Logic, for it will help its student in recognizing his mistakes in thought
and grading himself against them in the future. Thus logic is indirectly and negatively
useful. And, positively, Logic gives its student intellectual discipline and helps him to
think correctly. The most important characteristic of man is his thinking power and a
study of the principles of correct thinking must be of great importance to him.

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The Principle of Thinking and the Syllogism
The word 'Logic' is derived from the Greek word 'logos' which means "thought" and "
'word as expression of thought. From this the definition of Logic may be understood as
the science of thought expressed in language. That is, thought, as such in the abstract,
can never be studied. We have to deal with the results of thinking, rather than with the
thought- processes themselves. The ideas and thoughts that are already there must be
combined in such a way that their result leads to certainty. This is known as reasoning.
In reasoning we have certain basic facts given to us, and from these we derive
knowledge which follows from them. Reasoning is always from what is given to
something that is not given. At every stage of our experience, we are explaining things
in terms of ideas and meanings. Sometimes we change old ideas into new meanings.
To know a thing means, then, to transform it into ideas and meaning which connect that
thing with other things either positively or negatively. We say an object belongs to one
class of things or is different from another class of things or is different from another
class. So in every reasoning we have these three parts: (i) A given statement, fact or
idea; (ii) A statement, fact or idea which follows from the given idea; (iii) The basis or
ground on which we draw (ii) from (i). Such thinking is done in the form of judgements.
Judgement is the way in which the mind interprets the facts supplied to it by sensations.
It is one single act of thought. When we look at the 'rose' and understand the colour 'red'
as belonging to the object 'rose', we are making a judgement in terms of ideas and
meanings about an external object 'rose'. This is purely mental. But ideas, as we have
already stated, cannot be known in the abstract unless we think in languages.
Reasoning has always to be done in language. Aristotle, the famous Greek Logician,
said that a statement, in which something is said either positively or negatively about
something else, is a proposition. Taking this as a simple and preliminary definition of a
proposition we find that statements like 'a rose is red', 'crows are not white" are
propositions. We affirm or deny some quality of some object. In reasoning we make use
of such propositions to arrive at knowledge. We affirm or deny some quality of some
object. In reasoning we make use of such proposition from one or more given
propositions, the reasoning process is known as inference. To draw a conclusion from
the given statement, there must be something that is common between the conclusion

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and the given statements. For example, I am inferring a conclusion because of the
universal fact that my body is similar to all the other bodies which are mortal. The
common element or the ground of inference is the physiological similarity of all mortal
beings. Therefore, without such a universal ground, inference is impossible. There are
two types of inference. If one proposition is all that is given and from that if we draw a
conclusion, the inference is known as immediate inference. For example, if we say 'A' is
'B' because 'B' is A', it is a case of immediate inference. By this we mean that because 'B
is A', the conclusion A is B' must follow. On the other hand, if the given propositions are
more than one which lead to a conclusion, the inference is called mediate inference. In
immediate inference the conclusion is reached directly, whereas in mediate inference
the conclusion is reached after some comparison with a common factor is done. So the
conclusion is reached mediate or indirectly. For example, if we argue 'S is P because M
is P and S is M', it is a case of mediate inference. Here the relation between S and P is
determined because each of them is related to a third term M. A typical example of
such a mediate inference is made up of three propositions. The third proposition is
derived from the first and the second proposition. Aristotle called this type of mediate
inference syllogism. This word means thinking two propositions together. But every pair
of propositions do not lead to a third proposition as conclusion. For example, from the
statements 'dogs are animals', and 'men are rational' no conclusion can be drawn,
because they have nothing in common. There must be something that is to be drawn
from them. In the following argument:
All men are mortal
Socrates is a man
Socrates is mortal'
There is a passage from the facts given in the first two propositions to the third. In this
example 'man' is the basis on which it is maintained that Socrates is mortal. So we think
together the first two propositions as a result of which thinking, we arrive at a
conclusion given in the third proposition. The whole is one piece of argument, although
for the sake of convenience, we can divide it into two parts. But the most important fact
to be remembered here is that the first two given propositions are to be taken as true.
These two given propositions are known as premises, and the third proposition which

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we draw from these two, is known as the conclusion, Socrates is mortal. This type of
syllogism is the simplest example of mediate inference. The word 'premise' means the
starting point which is taken as true. Therefore in a syllogism the first two statements
are called premises because they are the starting points for the argument and also
because they are taken as true. The conclusion is derived from such true premises and
therefore, is true. Each proposition of a syllogism consists of two terms and a copula.
The terms are the extremes of the proposition and are known as the subject and the
predicate of the proposition. Thus in the proposition 'the weather is pleasant', 'the
weather' is the subject, pleasant, is the predicate and the word 'is', which connects the
subject and the predicate, is called the copula. In the syllogism given above, we are said
that the first two propositions have a common term The common term is 'man' and is
known as the middle term. The reason for this name is clear. It is the mediating term or
the term to which the subject and predicate and referred. It has already been pointed
out that for inference there must be a common element binding the two terms, before
we can say anything about their relation. In the example given above, mortal beings are
much larger in number than men and includes men within it. That is, man is to a certain
extent is identical with those beings which are mortal. Again, we find that human beings
are larger in number, and Socrates is only one of them. That is, since Socrates belongs
to the species of man, we say, he also has the characteristics of mortality which
belongs to all men. This whole relationship may be illustrated by means of circles.

Here the most important thing to remember is that man is the connecting link between
a mortal being and Socrates, such a link is known as the middle term. In the syllogism
we have just considered, there are two other terms, viz., Socrates and mortal, which

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have to be explained. These form the subject and predicate of the conclusion and are
known as minor term and major term. These get their names from the fact that major
term always has the greatest extension and that which has the least extension is the
subject term. As already shown by circles we find that 'mortal' which is the predicate or
the major term has the largest extension and 'Socrates' the subject of the conclusion
has the least extension. Now, if we look at the syllogism as a whole;
*All men are mortal
Socrates is a man
Socrates is mortal,
We find that the major term 'mortal' appears in the first premise, 'all men are mortal".
Therefore that premise is known as the major premise. The minor term 'Socrates'
appears in the second premise. That premise in which the minor term appears is known
as the minor premise. When the major premise is first, the minor promise second and
the conclusion third Thus:
All men are mortal-Major premise.
Socrates is a man - Minor premise.
Socrates is mortal Conclusion
Wit will be convenient to use symbols for the terms and represent the syllogism
symbolically. We shall use the letter P,S and M.S. (which is the subject of the conclusion)
will indicate the minor term, P (which is the predicate of the conclusion) will indicate the
major term and M will indicate the middle term. Making use of these symbols, we have
 M-P
 S-M
 S-P
This is the general pattern of the argument known as syllogism. Aristotle maintained
that this is the most important form of reasoning. Here we proceed to draw a
conclusion from the given premises. We deduce a conclusion from something that is
given. 'Deduce' means to draw out. Hence this process of logical arguing from the
known and the unknown. The facts that are given are such that they are related to a
common ground. It is this common ground or mediating fact which helps us to reason
out the relationship between the known facts. That is why it is usually maintained by

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logicians that in deductive arguments, we always have something new in the conclusion
which we did not have before. But it is not new in the sense that we did not know
anything about it completely before. We had also known their independent relationship
with the mediating term. Now, on that basis, we have gathered because it is drawn from
premises which are given as true. In deduction, we always proceed to include the
particular instance under a general rule. So, it is proceeding from universal truths to
truth of the particular.

PREPOSITION AND ITS PARTS

1. WHAT IS A PROPOSITION?
Logic deals with validity of arguments. The validity of an argument depends upon the
nature of relation between its premises and its conclusion. The premises and the
conclusion of an argument are propositions. Thus, the basic unit of logic is proposition.
Let us take an argument and consider the propositions it contains.
 All boys are tall.
 Ashok is a boy.
 Ashok is tall.
Now, what is it that strikes us about the propositions in the above argument? We notice
two things. Firstly, these propositions express either true or false statements. The first
statement is false, the second statement is true, and the third one may be either true or
false. Secondly, all the propositions are expressed in words. They are, what grammar
calls, sentences. Thus, we have to consider two problems. These are: (1) What is a
proposition? (2) Is proposition the same as grammatical sentence? The thinker is
concerned with the truth and falsity of propositions. He draws inferences on the
assumption that the given propositions (premises) are true. Since the verbal expression
(of a proposition does not affect the validity of an argument, the thinker is not
concerned with it. Thus, truth or falsity is the essence of a proposition. So, we may
define proposition as a statement which is either true or false. Let us take examples.
1. Tagore was a great poet.
2 Mickey Mouse appears in Walt Disney's cartoons.

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3. Dogs do not dance.
4. If Panchatantra contains fables, it is interesting to read.
5. Either Bangladesh or Burma has an atom bomb.

The following are the main characteristics of a proposition.

i. Every proposition is either true or false. It cannot be both true and false Let us
illustrate. The proposition "India has Congress government" appears to be true
for some years and false for some other years. However, this wrong impression
is created, because the proposition has not been expressed fully. A proposition
is asserted with reference to a given date. And with reference to that date, it
cannot be both true and false. The above proposition would be fully expressed
thus: "India has Congress government in July 1995." If it is so expressed, it
cannot be both true and false.

ii. The truth or falsity of a proposition is definite. It always remains the same; it
change. Of course, we may not know whether a given statement is true or false.
For example, today we cannot say whether the statement "There are living
beings on the Planet Mars" is true. Further, we may even hold a wrong belief
about its truth or falsity. But neither absence of knowledge nor wrong belief
affects the truth or falsity of a statement. A true statement will continue to
remain true; and a false statement will always be false. There are some
statements which look like propositions, but which are not propositions.
Consider the following statements:

1. A foot consists of twelve inches.

2. A kilogram consists of one thousand, grams.
These sentences appear to express propositions. Really, they do not. While asserting
these statements, we are not raising the question of their truth or falsity. We are merely
saying that the words "foot" and "kilogram" are to be used in these ways. Of course, the
answer to the question "Do we use these words in the above senses" may be true of
false. But such propositions are about the use of word and not about, the objects for
which the words stand.

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2. PROPOSITION AND FACT
What determines the truth or falsity of a proposition? It is the facts. If a proposition
represents the facts as they are, it is true. If it does not, it is false. "Butter melts in heat"
is a true proposition, while "A horse has two legs" is a false proposition. Though a
proposition claims to represent a fact, it is different from a fact. If it were not so, there
would be no possibility of error. We walk across a street, and see something long and
dark. We say that it is a snake. Really, it is a rope. This shows that we made a mistake.
This mistake would not have been possible, if the proposition "This is a snake" were not
different from the fact. A proposition claims to represent facts. This claim may or may
not be justified. If it is justified, the proposition is true; otherwise, it is false.

3. PROPOSITION AND JUDGMENT

Propositions are often confused with the mental act of judging. In fact, some logicians
call propositions judgments. This confusion is due to ambiguity in the use of the term
'judgment. Sometimes the term 'judgment is used in the sense of the mental act of
judging, and sometimes in the sense of what is judged. However, the two are different.
The mental act of judging is different from the result of this act (e.g. what is judged).
While propositions are a result of thinking (the mental act of judging), they are not to be
identified with this thinking activity. Logic is concerned with what is judged. It is only
this that can be considered to be either true or false. Of course, the thinker arrives at the
proposition "Ram is taller than Gopal", by comparing Ram and Gopal in respect of their
height. But what is true or false is the judgment "Ram is taller than Gopal ", and not the
mental act by which this judgment is passed. If the term 'judgment' is understood in the
sense of a product of judgment (or what is judged), the logician is concerned with it. But
he is concerned with the product of judgment only when it has assumed a fixed and
definite form. We find that a judgment assumes a fixed and definite form, when it is
expressed in language. When a judgment is expressed in language, it is called a
proposition. Thus, to avoid misunderstanding, it is better to say that logic deals with
propositions.

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4. PROPOSITION AND SENTENCE

Some logicians use the terms "proposition", "statement" and sentence" in the same way.
But, to maintain the usual meaning of "sentence", we shall use "proposition" and
"statement" in a narrower sense than the term "sentence". However, for us, there will be
no distinction between "proposition" and "statement". A proposition is expressed in the
form of a sentence. But it is not the same as a sentence. The same proposition may be
expressed by different sentences. Let us illustrate. For the English expression
"calling a spade a spade", the French people use the expression
"calling a cat a cat". Similarly, a sentence in English and one in Hindi may differ
as sentences. Yet they may express the same proposition. This is because proposition
(statement) is what a sentence states, and not the words in which the statement is
made. A sentence has physical existence. When spoken, it is sound waves; when
written, it is marks or signs on a surface. On the other hand, a proposition is what a
sentence says. The statement has no physical existence. It can be easily seen that
sentences have physical existence. The fact that we can talk about their length shows
so. But we cannot say that a given proposition is either long or short. This is because a
proposition does not have physical existence. The form of a sentence is not a proper
guide to the form of a proposition. The logical form of a proposition depends upon the
statement that a proposition expresses. The grammatical form of a sentence is
determined by various considerations. Some of these have nothing to do with giving
information To illustrate, often proverbs and idiomatic expressions have a force which
is not a part of their logical meaning. The expression "United we stand, divided we fall."
This expression emphasizes the fact that unity is strength, and disunity is a weakness.

5. Distinction between proposition and sentence in traditional logic:

If we accept the traditional view of proposition, we would find certain further differences
between proposition and sentence. These are:
1. A proposition contains a single statement, but a grammatical sentence may
contain more than one statement. When a grammatical sentence is reduced to
the logical form of proposition every statement that a sentence contains is
expressed by a separate proposition. Thus, the sentence "India is a secular State,

212
 where people of all religions are treated equally" contains two statements.
Therefore, it will be reduced to two propositions. These are: a)
India is a secular State.

b) People of all religions are treated equally in India.

2. The grammatical order of subject and predicate is often different from the logical
subject and predicate. In the sentence "Blessed are the poor", the logical subject
is 'the poor", while the grammatical subject is 'blessed".

Thus, we see that there are important differences between proposition and
sentence. Yet there is an intimate connection between the two. Logic deals with
propositions only when they have a definite and fixed form. This definite form is
not possible, till a proposition is expressed in language. Thus, only when a
proposition is expressed by a sentence, its form becomes definite;

6. TRADITIONAL ANALYSIS OF PROPOSITION

The traditional logicians maintained that every proposition has f two constituents.
These were called the subject and the predicate of the proposition. The subject is that
about which something is said. The predicate is that which is affirmed or denied of the
subject. In the proposition "This paper is white", "this paper is the subject and 'white' is
the predicate. The subject and the predicate of a proposition are called terms. A
proposition consists of only two terms. These terms stand in a certain relation to one
another. The relationship is that of affirmation or negation. This relationship is
expressed by the copula. Thus, copula is that element which expresses affirmation or
denial. When the predicate is affirmed of the subject, the copula is affirmatives when it
is denied of the subject, the copula is negative. Let us see the copula in the following
propositions:
a. All kings are men.
b. John is a Christian.
c. No men are perfect.
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 d. Peter is not reliable.
The first two propositions express agreement between the subject and the predicate.
Therefore, the copula is affirmative. The last two propositions express disagreement
between the two terms. Therefore, the copula is negative. In the third proposition above,
it may appear as if the copula is not negative. This is because the word, which is a part
of the copula, occurs before the subject. While dealing with the traditional classification
of propositions (in Chapter 4), we shall see why the sign of negation is placed before
the subject. Copula is not to be considered a link between the subject and the predicate.
It is only a sign of predication (that is, asserting a quality). It shows that the predicate is
either affirmed or denied of the subject. The traditional logicians maintained that the
copula must be in the present tense of the verb 'to be'. That is, it must be 'is', 'am' or 'are'
However, the real copula is not the word 'is' or am. It is predication. That means, it is the
act of affirming or denying the predicate of the subject. In the proposition" What cannot
be cured must be endured" the verb 'is' or 'are' does not occur. Yet there is a copula.
This copula is the relationship between the subjecr things that cannot be cured' and the
predicate things that must be endured'. The traditional logicians would bring this
proposition to its-logical form thus: "All things that cannot be cured are those which
must be endured. The function of the copula is the same as that of the component. In
fact, copula is a component. It is that element which unites the terms.
Simple and Compound Propositions
The traditional logicians recognized the distinction between simple and compound
propositions. But the distinction is not clear. Moreover, the terms "simple proposition"
and "compound proposition" are not used in the sense in which modern logic uses
these expressions.
Simple proposition: A simple proposition is one which affirms or denies a predicate of a
subject. That is, in a simple proposition, the predicate is asserted of the subject. All the
following propositions will be regarded as simple propositions by the traditional
logicians.
i. All fairies are beautiful.

ii. Everything changes.

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 iii. No dogs whistle.

iv. There are no ghosts.

v. Some singers are handsome.

vi. Some actresses are not beautiful.

vii. Sai Baba is a saint.

viii. Samson is not weak.

From the above examples we see that the so-called simple propositions may be about
an individual, or about classes. The subject term of some simple proposition is an
individual. Propositions (7) and (8) are this type. On the other hand, the subject and the
predicate term (1), (3), (5) and (6) are classes. As for as propositions (2) and (4), we do
not find the two terms. But, while reducing the above sentences to the logical form of a
proposition, even these propositions would be shown as expressing a relation between
two terms which are united by the copula. Compound propositions: when a proposition
makes on assertion under certain conditions, it is called a compound proposition in the
traditional logic:
1. If ghosts frighten, they are dangerous
2. If dogs cannot whistle, they can bark.
3. Either Meena or Mohini is intelligent.
4. Either monkeys do not sing or tigers do not dance.
The propositions in which the predicate is affirmed or denied of the subject absolutely
(i.e. without any condition) were called categorical propositions by the traditional
logicians. So, simple propositions are categorical propositions. As distinguished from
these propositions, compound propositions make the assertion under certain
conditions. So they are called conditional propositions. In the next section, we shall deal
with "categorical" and "conditional" propositions.
Categorical and Conditional Propositions
Under the head of relation, Kant classifies propositions into categorical, hypothetical
and disjunctive. The last two are generally grouped under the head of conditional
propositions. This was done to distinguish categorical proposition from them.

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Categorical proposition: A categorical proposition affirms or denies a predicate of a
subject absolutely. "Congress is a political party" and "All rats are colour- blind"
categorical propositions. In both of them the predicate is asserted without any
expressed condition.
Conditional proposition: a conditional proposition is one in which the assertion is made
subject to some expressed condition. In the proposition" If petrol is brought near fire, it
will explode", the occurrence of explosion depends upon the condition of petrol being
brought near fire. Conditional propositions are of two kinds. These are hypothetical and
disjunctive propositions.
Hypothetical Proposition: A hypothetical proposition is one which presents a condition
together with some consequence which follows from it. The example of conditional
proposition taken above is that of hypothetical proposition. It states the condition
"petrol being brought near fire" and the consequence of this condition, viz. "petrol will
explode". The proposition does not refer to any actual instance of petrol being brought
near fire. It only states if the condition is fulfilled, the consequence will follow. In a
hypothetical proposition, there are two propositions they are:
1. The proposition which states the condition and
2. The proposition which expresses the consequence.
The proposition which states the condition is called antecedent: that expresses the
consequence is called consequent. In the strict logical form of hypothetical proposition,
the antecedent is placed before the consequent. Moreover, the condition is introduced
by the word "if and the consequence by the word 'then'. However, in most hypothetical
propositions the word 'then' does not occur. But it is understood to be there.
Disjunctive Propositions: A disjunctive proposition is one which states alternatives.
This proposition asserts that at least one of the alternatives is true. The following
propositions are disjunctive:
1. Bertrand Russell was either a mathematician or a philosopher.
2. A line is either straight or curved.
Let us look to the alternatives in the above propositions. In the first two the alternatives
are such that, by affirming one of them, we cannot deny the other. For instance by
affirming the alternative" Russell was a mathematician", we cannot deny that he was a

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philosopher and vice-versa. This shows that the alternatives in the first propositions are
not mutually exclusive. On the other hand, in the second proposition, the alternatives are
mutually exclusive. If we affirm that line is straight, we deny that it is curved; and vice-
versa.

FOURFOLD CLASSIFICATION OF PROPOSITIONS

We have seen that according to quality, propositions are classified into affirmative and
negative. According to quantity they are classified into universal and particular. On the
basis of these two principles (of quality and quantity), there are four kinds of
propositions: This is called the fourfold classification of propositions. It is also called
the traditional scheme (or traditional schedule) of propositions. The four kinds of
propositions included in the traditional scheme are the following:
1. Universal Affirmative: In this kind of proposition the predicate is accepted of the
whole
subject. "All fairies are beautiful" and "All Brahmins are Hindus" are universal affirmative
propositions. ("A Proposition)
2. Universal Negative: In this kind of proposition the predicate is denied of the whole
subject. "No thieves are moral" and "No fool is a good friend" are propositions this kind.
('E' Proposition)
3. Particular Affirmative: In this kind of proposition the predicate is affirmed of a part of
the subject. "Some singers are rich" and "Some boys are clever" are propositions of this
kind. (I' Proposition)
4. Particular Negative: In this kind or proposition the predicate is denied of a part of the
subject. "Some modern men are not religious-minded" and "Some magicians are not
rich" are the two vowels of the word "nego". ('O' Proposition).
These four types of propositions are symbolized by the vowels A, E, I and O. These
vowels are taken from the Latin words affirm (meaning 'I affirm') and nego (meaning '1
deny"). 'A' and 'I' are the first two vowels of the word "affirm", "E" and "O' are the two
vowels of the word "nego".
Using the symbol "S" for the subject and the symbol "p" for the predicate, the above four
kinds of propositions may be represented thus:

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 Universal Affirmative (A) All S in P. [SUP]
Universal Negative (E) No S in P. [SeP]
Particular Affirmative (1) Some S in P. [SiP]
Particular Negative (0) Some S is not P. [SoP]
When we come to immediate inferences, we shall find it more convenient to indicate the
quality and quantity by the small letters 'a', 'e', 'I' and 'o'. The letter 'S' (standing for the
subject) will be placed to the left, the letter 'P (standing for the predicate) to the right,
and the small letters 'a', 'e'. 'i' and 'o' in the middle. Thus, "A", "E', 'I' and 'O' propositions
may also be represented thus:

A SaP
E Sep
I Sip
O SoP

DISTRIBUTION OF TERMS IN A CATEGORICAL PROPOSITION

A categorical proposition asserts relationship between the subject term and the
predicate term. The assertion may be with regard to the entire denotation or to the
partial denotation of these terms. The doctrine of distribution of terms deals with this. A
term is said to be distributed when the reference is to all the individuals denoted by the
term. It is said that to be undistributed when the reference is to a part of the denotation
of the term. Even when the denotation is not definite, the term is taken to be
undistributed. This means, only when there is explicit reference to the entire denotation,
a term is said to be distributed. There is no difficulty in deciding whether the subject
term of a proposition is distributed. The quantity sign "all" or "some", before the subject,
clearly indicates this. In a universal proposition the reference is to the entire denotation
of the subject. Thus, in the "A" proposition "All judges are fair-minded", the assertion is
about the entire denotation of 'judges'. Similarly, in the "E' proposition "No lemons are
sweet", the subject is taken in its entire denotation. The word "no", before the subject,
indicates that the predicate is denied of the entire denotation of the subject. The
traditional logicians considered singular propositions to be universal. Therefore, in
singular propositions too, the subject term is distributed.Whether the predicate term is
distributed or not depends upon the quality of the proposition The predicate of an

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affirmative proposition is not distributed; because in an affirmative proposition there is
no explicit reference to the denotation of the predicate. Let us understand this with the
help of examples. The universal affirmative proposition "All judges are impartial" does
not state whether all impartial persons are judges or not. Therefore, the predicate term
is taken as undistributed.Similar is the case of particular affirmative proposition. We do
not know whether the reference is to the entire denotation of the predicate or to a part
of its denotation. The particular affirmative-proposition "Some students are clever does
not tell us whether the whole class of clever persons is covered by some students.
There may be clever persons who are not students. Thus, in a particular affirmative
proposition also, the predicate term is taken to be undistributed.There is one exception
to the distribution of predicate in affirmative propositions. In "A" proposition when the
denotation of the subject and the predicate is the same, the predicate Im also in
distributed to the proposition "All triangles are plane figures enclosed by the gle lines
tenth the terms are distributed. In negative propositions the predicate term is denied of
the subject. That is to say, all things denoted by the predicate are excluded from the
subject. Therefore, negative propositions distribute predicate. Let us take examples of
'E' and 'O' propositions. In the 'E' proposition "No lemons are sweet", the whole class of
lemons (subject) is excluded from the class of sweet things (predicate). Not only this,
the entire denotation of the predicate term is excluded from that of the subject.
Similarly, in 'O' proposition, a part of denotation of the subject terms excluded from the
entire denotation of the predicate. In the proposition "Some Shopkeepers are not
honest", a part of the class of shopkeepers is excluded from the entire denotation of
honest beings. Thus, we see that the subject of a universal proposition is distributed,
but the subject term of a particular proposition is not. On the other hand, the predicate
of a negative proposition is distributed, but the predicate of an affirmative proposition is
not. This shows that the quantity of a proposition determines the distribution of the
subject term, while the quality of a proposition determines the distribution of the
predicate term. Let us state these results.
A proposition - subject distributed; predicate undistributed.
Both subject and predicate distributed
E proposition - subject distributed, predicate distributed.

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 Neither subject nor predicate distributed
I proposition - subject undistributed; predicate undistributed.
O proposition - subject undistributed; predicate distributed.

ASEBINOP
As an aid to memory, the word 'ASEBINOP' may be remembered for the distribution of
terms. In this word vowels stand for the four propositions. The consonants’s’, 'b', 'n' and
'p' occur after the four vowels. These consonants indicate the distribution of terms. The
consonant’s’ indicates that only the subject term is distributed. The consonant 'b'
indicates that both the subject and the predicate are distributed. The consonant 'n'
indicates that neither of the terms are distributed. The consonant 'p' indicates that the
predicate is distributed. The distribution of terms in the 'A' 'E', 'I' and 'O' propositions can
be easily seen from the following diagrams:

In these diagrams the broken circle indicates the term that is undistributed. The
diagram for "A proposition shows that the class represented by the subject term is
included in the class represented by the predicate term, but the subject class does not
cover the entire predicate class. This indicates that the subject term is distributed, but
the predicate is not. The diagram for 'E' proposition shows that both the classes are
completely separate. They exclude each other. Therefore, both the terms are distributed.
The diagram for I proposition shows that some members of the subject class (the
shaded part) and some members of the predicate class (the shaded part) are the same.
But neither term is taken as a whole. The diagram for 'O' proposition differs from the
diagram for 'I' proposition in the shaded part. 'O' proposition is about that part of the
subject which is shaded. This part of the subject (the shaded part) is excluded from the
whole of the predicate class. From this we see that 'O' proposition does not distribute

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the subject, but it distributes the predicate.

SYLLOGISM

The theory of Syllogism was propounded by Aristotle. Aristotle considered syllogism as

an argument in which the middle term stands in a certain relation to the other two terms.
And only categorical propositions can be analyzed into terms. Some logicians have
extended the term 'syllogism' to arguments containing hypothetical and disjunctive
propositions as premises.
1. NATURE OF SYLLOGISM-ITS STRUCTURE
Syllogism is composed of three propositions. It is a mediate inference in which the
conclusion is deduced from two given propositions. The given propositions are called
premises. The proposition which follows from them is called the conclusion.
Let us take an example of syllogism
All politicians are ambitious.
All ministers are politicians
All ministers are ambitious
In this syllogism the first two propositions are the premises; the third one is the
conclusion.
Let us now analyze the nature of syllogism. As a mediate inference, syllogism differs
from
immediate inferences like deductions and opposition of proposition. The conclusion of
syllogism is jointly implied by the two premises. It is not drawn from each of the
premises, separately.
Syllogism is a deductive inference. Therefore, its conclusion cannot assert more than
what is asserted by its premises. That is to say, if one of the premises is particular, the
conclusion cannot be universal.
Structure of syllogism: In a syllogism the constituent propositions are analysed into
terms. These terms are given names. The predicate of the conclusion is called the
major term. The subject of the conclusion is called the minor term. The term which
occurs in both the premises, but not in the conclusion, is called the middle term. The

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major term is represented by the symbol ", the minor term by the symbol 'S' and the
middle term by the symbol "M". The premise in which the major term occurs is called
the major premise and that in which the minor term occurs is called the minor premise.
In the major premise, the middle term is related to the major term and in the minor
premise, the middle term is related to the minor term. The relation between the middle
term and the other two terms may be that of affirmation or negation. The validity of a
syllogism does not depend upon the order in which the three constituent propositions
are expressed. However, when a syllogism is reduced to its logical form the constituent
propositions are stated in a certain order. This order is:
Major premise
Minor premise
Conclusion

FUNCTION OF THE MIDDLE TERM

The conclusion follows from the premises, because there is a common element
between them. This common element is the middle term. As we have stated, the middle
term is that term which occurs in both the premises, but not in the conclusion. Now, the
conclusion can be deduced
from the premises, because there are certain relations between the terms. Thus, in a
syllogism the inference depends upon the analyses of the constituent propositions. The
conclusion depends upon the manner in which the terms are related in the premises.As
we have stated above, in a syllogism the conclusion is jointly implied by both the
premises. It does not follow from either of the premises, taken separately. Let us take
examples:
All teachers are educated persons,
All lions are ferocious.
These two propositions have no common element. They cannot be joined together.
Therefore, there is no question of the conclusion from them. Now consider the following
argument:
All cats are animals.
All dogs are animals.

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 Therefore all dogs are cats.
In this argument there appears to be a common element. This common element, called
the middle term is "animals". But though there is a middle term, the middle term is not
able to perform its function of relating the major and the minor term. This is because
the middle term is taken in partial denotation in both the premises. In both the premises,
it stands as the predicate of 'A' proposition. Now 'A' proposition does not distribute its
predicate. Therefore, the middle term is not distributed. Since, the middle term is not
distributed, it is possible that the part of the middle term which is related to the major
term may not be the part which is related to the minor term. That is why the middle term
is not able to perform its function of relating the two terms. It may be pointed out that,
in some syllogistic arguments, even though the middle term is not distributed, the
conclusion appears to follow from the premises. But really this is not possible. Let us
take an argument and discuss this point:
All philosophers are thinkers.
Some poets are thinkers.
Therefore, some poets are philosophers.
In this argument the middle term remains undistributed in both the premises (being the
predicate of affirmative propositions), yet the conclusion is true. However, though the
conclusion is true, it is not validly drawn. Here the relation between the premises and
there is independent of the connection provided by the middle term. Therefore, the
conclusion does not necessarily follow from the premises. Syllogism is a formal
inference. It is not concerned with the content, either of the premises or of the
conclusion. That is why, every syllogistic argument can be represented symbolically,
and its validity decided on the basis of formal relations between the premises and the
conclusion. If the premises imply the conclusion, the inference is valid, if not, it is invalid.

RULES OF SYLLOGISM
[

In a syllogism, the conclusion is deduced from the two premises, taken together. But we
cannot
draw any conclusion from any premises, because the implications of different kinds of
propositions are different. For instance, when one of the premises is a particular

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proposition, we cannot draw a universal proposition as the conclusion. As we shall see
later, this is the basic condition of syllogism. This principle is called the Dictum de omni
et nullo.. The traditional logicians observed that we can test the validity of a syllogistic
argument by applying certain rules. A syllogism whose conclusion is drawn in
accordance with these rules would be valid. If a syllogism violates any of these rules it
would be invalid. When a syllogism is invalid, it is said to commit a fallacy. There are
seven rules of syllogism. Two of these are the rules of structure, two of them are
concerned with the distribution of terms, and three of them deal with quality.

Rules of Structure:
1. There must be three and only three terms in a syllogism:
This can hardly be said to be a rule of syllogism. It is the condition which determines
whether an argument is syllogism. When a syllogism has more than three terms it is
said to commit the fallacy of four terms. This happens especially when one of the terms
is ambiguous. A term is ambiguous when it is used in two different senses. Really
speaking. what is ambiguous is a word, and not a term. Terms have a fixed and definite
meaning. A word becomes a term when it stands as subject or predicate of a
proposition. Now, when a word occurs in a proposition (i.e., becomes a term), it cannot
have more than one meaning. However, the fallacy arising out of the ambiguous use of
a term is considered to be a fallacy of syllogism. This is called the fallacy of
equivocation. Let us take an example.
Sound is that which travels at 1120 feet per second.
His knowledge of history is sound.
Therefore his knowledge of history is that which travels at 1120 feet a second.
Here the middle term "sound" is ambiguous. It means "what is heard" in the major
premise, and
"free from defect" in the minor premise. The fallacy of equivocation may arise with
regard to any of the terms. Since there are three terms, it takes three forms. These are
called the fallacies of Ambiguous Major, Ambiguous Minor and Ambiguous Middle.
The above example is that of Ambiguous Middle.
2. There must be three and only three propositions in a syllogism:

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This rule restricts the scope of syllogism. Various kinds of arguments will be ruled out
on the
basis of this rule. In some arguments the conclusion follows from three, four, or even
more premises. The traditional logicians would express such arguments in units of
three propositions each. They would consider each unit of three propositions as a
syllogism, and the whole argument as a series of syllogisms. Take an example:
Logic is a science.
All sciences are those that aim at truth.
All things that aim at truth are useful.
Therefore logic is useful.
This argument is called sorites. We shall not discuss such arguments. However, we ball
analyze the above argument, and show that it consists of syllogisms.
1. All sciences are those that aim at truth.
Logic is a science.
Therefore, logic is that which aims at truth.
2. All things that aim at truth are useful.
Logic is that which aims at truth.
Therefore, logic is useful

Rules of Distribution of Terms

The most important factor which would determine the validity or otherwise of a
syllogism is the range of generality of a term. By range of generality we mean whether a
term is taken in its entire denotation or whether it is taken in its partial denotation. There
are two rules regarding the distribution of terms.
3. The middle term must be distributed at least once in a premise:
The function of middle term is to unite the major term and the minor term. The middle
term cannot perform this function, if it is not distributed. The violation of this rule
involves the fallacy of Undistributed Middle.
Let us take examples of syllogisms committing this fallacy.
1. All good citizens are those who vote.
Some women are those who vote.
Therefore some women are good citizens.

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 2. Some taxes are levied at death.
Excise duty is a tax
Therefore, excise duty is levied at death.
In the first arguments the middle term is the predicate in both the premises. Both the
premises being affirmative, they will not distribute the predicate. Therefore, the first
argument commits the fallacy of Undistributed Middle. In the second argument, the
middle term is the subject of the major premise which is T propositions and the
predicate of the minor premise which is 'A' proposition). So it remains undistributed in
both the premises. As such, this argument also commits the fallacy of Undistributed
Middle.
4. No term can be distributed in the conclusion unless it is distributed in the premise:
There are two terms in the conclusion. These are the major term and the minor term
Therefore, this rule means that the major term cannot be distributed in the conclusion
unless it is distributed in the major premise. Similarly, the minor term cannot be
distributed in the conclusion unless it is distributed in the minor premise.This rule
expresses the general condition of deductive inference. In deduction the conclusion
cannot go beyond the evidence. The violation of this rule results in the fallacy of illicit
process of terms. Since there are two terms in the conclusion, two fallacies arise. These
are the fallacy of Illicit Major and the fallacy of Illicit Minor. To take examples :
Fallacy of Illicit Major
All tigers are ferocious.
No tiger is a tea-drinking creature.
Therefore, no tea-drinking creature is ferocious.
The major term "ferocious" is not distributed in the major premise, being the predicate
of 'A' proposition. But it is distributed in the conclusion, being the predicate of 'E'
proposition.
Fallacy of Illicit Minor
No ghosts are contended.
All ghosts are terrifying
Therefore, No “terrifying things” are contended. The minor term "terrifying things" is not
distributed in the minor premise, being the predicate of 'A' proposition. But it is

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distributed in the conclusion, being the subject of 'E' proposition.
Rules of Quality
5. No conclusion can be drawn from two negative premises:
The three rules of quality (ie., rules 5,6 and 7) can be ruled by taking examples. We have
stated
earlier that the premises of a syllogism imply its conclusion. As such, it could not be
the case that the premises are true, but the conclusion is false. Now let us take two
arguments with negative premises.
1. No Arabs are Catholics.
No Britishers are Arabs.
All Britishers are Catholics.
2. No Arabs are Catholics.
No Britishers are Arabs.
Therefore, no Britishers are Catholics.
The premises of these two arguments are true, yet the conclusion is false. As such the
relation between the premises and the conclusion is not that of implication. It will be
noticed that the conclusion of the first argument is affirmative, while that of the second
argument is negative. This shows that no conclusion (neither affirmative nor negative)
can be drawn from two negative premises.The violation of this rule involves the fallacy
of negative premises. The above arguments commit this fallacy.

[[[

FALLACIES

Introduction
The purpose of Logic is to give us valid principles of thinking. Thinking must be done
correctly if we are to get conclusions. This is done when thought conforms to the laws
of systematic reasoning. The function of logic is only to give us the rules of standards
for right thinking. Not only should we know positively what is right, we should also know
negatively what is wrong. Such wrong inferences are known as fallacies. A fallacy may
be defined as a conclusion resulting from thought which claims to be valid but which
violates the principles of reasoning. As we have already seen, thinking always proceeds

227
 in two ways. We have general, universal judgements from which we argue about the
truth of a particular. We include the particular statement under the universal. This type
off reasoning we have called deduction. We deduce the truth of the particular from the
given universal. The other way of thinking is known as Gold Induction where are arrive at
a universal truth as a result of such observation. Both these form of thinking are
governed by laws. When these laws are violated, we have fallacies. We shall examine
the fallacies of deductive reasoning first.

Deductive Fallacies
We may divide all deductive fallacies into formal fallacies and material fallacies. Formal
fallacies are those where the forms of inference are incorrect. There are two types of
inference, the immediate and the mediate. When the rules governing these inferences
are not followed, we have formal fallacies. But inference not only obeys certain formal
laws, it also has a meaning and content. When the contents of a syllogism are absurd,
although the form is valid, we have material fallacies. These may be because the words
in the premises are wrongly used and interpreted or may be because the premises
assume truths which they should not do so.
(a) Formal fallacies:
i. We have seen the obversion and conversion are forms of immediate inference. When
the rules of these are violated, we have Illogical education. In obversion the logical
contradictory of the predicate is taken in the place of the original predicate. Instead
of this, if the logical contrary is used, the observe will be fallacious. For example, if
from the proposition 'Honesty is always a good policy, we draw the conclusion that
"Di-honesty is always a bad policy', we are having a wrong inference. Again the A
proposition should be converted per accidents. When this is not done, we have an
illogical conversion e.g., 'all men are mortal, when simply converted. Becomes 'all
mortals are men', which is materially wrong. for, men are not the only mortal beings.

ii. There are fallacies which result from the violation of the rules of the syllogism in
mediate inference.

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 (1) Quaternio Terminorum or the fallacy of four terms: The first rule of syllogism
states that a syllogism must contain three and only three terms. When this the
rule is not followed, we have the fallacy of four terms.

For example:
Cultured men are reasonable
Logicians are wise-men
Logicians are reasonable
This argument, although in the form as syllogism, is not a syllogism at all, since the
premises contain four terms which have nothing in common between them. In some
cases. the four terms will not be so differently and clearly stated. The same word may
be used with different meanings.
For example
Gold can be expelled by heat
Govinda's illness is cold
Govinda's illness can be expelled by heat.
Here the word cold is used in the two senses. First as showing temperature
condition and second as an illness. So, although the argument looks like a good
syllogism, it is not so as it has four terms. Just like this, even the major and minor terms
may have double meaning, in which are the fallacy will be Quaternion Terminorum.
(2) Undistributed middle: The third rule of the syllogism says that the middle term must
be distributed in one, at least, of the premises. When this is not observed, the fallacy of
undistributed middle arises.
For example,
All Punjabis are Indians
All Bengalis are Indians
All Bengalis are Punjabis
The argument is fallacious because the middle term 'Indians' is not distributed
even once. The middle term should be such that it relates the minor and the major
terms and this it will not be able to do if it is undistributed in both the premises.
(3) Illicit major: The fourth rule of the syllogism says that no term must be distributed in
the conclusion which is not distributed in the premise, If the major term is distributed in

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the conclusion and not in its premise, it means we are inferring more from the less. It is
called illicit process of the major term or shortly illicit major.
For example:
All rational beings are responsible people
Brutes are not rational beings
Brutes are not responsible people.
(4) Illicit minor: This fallacy also occurs when the fourth rule is broken. This happens
when the minor term remains undistributed in its premise and becomes distributed in
the conclusion
For example:
All generous people are loved by the poor
All generous people are polite
All polite people are loved by the poor.
Here the minor term 'polite people', which as the predicate of an 'A' proposition is
undistributed, becomes distributed in the conclusion. This is a fallacy if illicit process of
the minor term or shortly illicit minor.
(5) Negative premises: The fifth rule of syllogism says that from two negative premises
there can be no conclusion. When this rule is broken, we have the fallacy of two
negative premises. e.g. Anger is not good Calmness is not anger from these two
negatives, we cannot draw any conclusion.
(6) Particular Premises: The seventh rule states that from two particular premises there
can be no conclusion. Some Asians are Indians, Some Asians are Chinese, Some
Chinese are Indians Here, since the middle term remains undistributed, the conclusion
does not follow from the premises.

Conclusion
We have come to the close of our study of the fundamentals of logic. The nature of
thought, the principle that govern its processes, the mistakes in reasoning that we most
commonly make when we stray away from the path of truth-these and other related
topics have been discussed. Thinking is what each one of us is intimately concerned
with. Even without our knowledge we employ logical principles in our daily conversation

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and arguments. The science of logic appears difficult and strange at first. But when
once its principles are understood, we realize that we have been using them, however
imperfectly, in our commonest thoughts and expression.

********

MODULE-V
LEGAL LANGUAGE USAGE: LEGAL TERMS

Introduction
Vocabulary is a vital part of lingual expression. A good knowledge· of words helps in an
effective presentation of ideas, oral or written. It creates an impact in the listeners and
readers about the communicator as being a learned and erudite person. Enhancing the
word power is sought after by students and professionals alike as it lends fluidity to
words and most appropriate idea that is in one's mind. Knowledge and usage of Legal
Terms are vital for law students. Understanding the meaning of the legal terms is
essential since they may have different meanings and wider connotation then the
literal meaning or the term. Legal Terms and Legal Maxims come under legal jargon.
Jargon is the language peculiar to a profession. So, in order to improve and widen legal
jargon for the law students, these legal terms have been prescribed in the syllabus,

Meaning, Explanation and Sentence Formation

1. Accomplice:

Accomplice is someone who helps another person to commit a crime.

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An accomplice is one who takes part with, abets or assists an offender in tile
commission of an offence. He may tum approver and confess his guilt and offer
himself as a witness against his co-accused.

2. Approver:

Raju turned an approver in the mining scam.

An approver is an accomplice in crime, who has undertaken to make full disclosure of
the commission of crime against his companions in the crime committed jointly by
them, on a promise of a pardon being granted to him.
3. Adjudication:

Cases relating to interpretation of the constitution can be adjudicated only by the

Supreme Court.
The passing of a judgments, sentence or decree is called 'adjudication'. If any matter is
finally derided by a court of law, the matter is said to be adjudicated.

4. Adjournment:

Frequent adjournment leads to delay in justice.

If a case is postponed from one date to another. Or if a sale to be held by the company
is postponed to a later date, or if any proceeding of the court is postponed to a later
date, that case. Sale or proceeding is said to have been 'adjourned'.

5. Admission:

The respondent admitted beating his wife regularly.

In the legal parlance. This term has a definite connotation, which is somewhat different
from its ordinary meaning with which it is known in the ordinary parlance. Admission
may be either a direct admission or an indirect admission. If a fact stated by one party
is not specifically denied by the other party, the other party is said to have indirectly
admitted the said fact. When that fact is put to the other party. And the other pai1y
says, 'yes' the fact is said to be directly admitted by the other party. An admitted fact
need not be proved. Self- harming statements in civil cases are called, 'admissions' and
those in criminal cases, are called. 'Confessions'.

6. Affidavit:

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Affidavit is written statement which is sworn to be true by the person singling it and
is sworn before someone authorised by the court.
It is written statement affirmed by the person making it in the presence of another
person having authority to test the affirmation of the statement by the person making
it. The person making such a statement is called. 'Deponent' and the act of affirming is
called, deposition'. In such statements, only those facts of which the deponent has
personal knowledge must be stated.

7. Amendment:

The Supreme Court has the power to amend its own judgments.
An act of improving, correcting or altering is called amendment. In the civil courts. This
term is used in reference to pleadings. And sometimes in reference to decrees passed
by the court. If any fact stated either by the plaintiff or by the defendant to a suit is
sought to be altered or corrected or modified, or deleted or substituted, subsequently,
such an act of alteration etc.. is called, an 'amendment'. In certain circumstances,
decrees passed by the court also may be so, 'amended'.
8. Breach of Contract:
Failing to carry out a duty under a contract is deemed to be Breach of contract. X was
sued by Y for breach of contract.
If a party to a contract undertakes to perform an obligation and he does not perform
that obligation, he is said to have 'breached' the contract. Breach of contract
contemplates an act of omission. Non-performance of an obligation arising out of a
contract is (ailed, 'breach of contract'.
9. Capital Punishment:
Capital punishment or death sentence is given in the 'rarest of rare cases'
Capital punishment is punishing someone for a crime by giving death sentence. The
object of punishment in criminal law is to deter the person from committing the same in
future. It is also to make others understand that they will be similarly dealt with in case
they too commit such offences. Punishment is not compensation but it is penalty.
10. Coercion:
Use of Coercion in contract can lead to voidable contract
The widow was coerced to sign the property in her brother-in-laws' name.

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The simple meaning of this term is, 'threatening'. In the law of contract, only when both
the parties to an agreement, give their consent freely without any fear. a contract comes
into existence, in case an unwilling party is forced to sign a contract it amounts to
coercion. If a person detains any property belonging to the 'unwilling person' in order to
compel him to give his consent for the agreement or he threatens to detain the property
for the said purpose of compelling him to give his consent to the said agreement, the
act of detaining or threatening to detain is called 'coercion'. Coercion is a defense that a
crime "' as committed because the person accused was forced to do it.
11. Consent:
A contract would not be valid unless all the parties give their free consent.
This term means the expression of willingness of a person to enter into agreement with
another person. Two or more persons are said to consent when they agree upon the
same thing in the same sense. This element of consent is one of the essential elements
of a contract. When there is no consent, there is no contract. For an agreement, consent
is most essential, and for the agreement to become a contract, this consent may be a
'free consent'.
12. Counter Claim:
Counter claim is an independent claim made, against the claimant
Countering the claim of the plaintiff is only an act of defense by the defendant a counter
- claim imposes a liability on the plaintiff. The claim of the plaintiff and the claim of the
defendant are two different and independent claims. Counterclaim is making. a claim in
court against someone who has already made the aim in court against you.
13. Compromise:
The judge asked the parties to come to a compromise.
An adjustment between parties to a dispute ending in a settlement is known as
compromise. A compromise means a mutual adjustment.
14. Damages:
The plaintiff claimed damages from the transport agency for rash driving resulting in
loss of its legs.
Damages are the compensation awarded by the Court to compensate the loss suffered
by the aggrieved person. Damages are the compensation to compensate the damage

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caused to the innocent party. If A has suffered a loss due to the act of B, the loss is
called, damage. If a then claims certain sum of money to compensate that loss. His
claim is called, 'damages'.
15. Defamation:
The leader of the opposition filed a case against the chief minister for defamation.
Defamation is making a statement, either orally or in writing, which damages someone's
reputation. Defamation is the generic name of wrong. Libel and slander are the
particular forms of it. Defamation may be caused either by expression of words, or by
indication of signs, or by visible representations (gestures). Such an act must have been
intended to hann the reputation of the person to whom it is directed or against whom it
is levelled. It is not enough if the concerned person alone knows about it. The
defamation or defamatory matter must be published or at least communicated to a
person other than the one defamed.
16. Defence:
The defendant in his defence claimed that the accident was caused due to the
plaintiff’s rash driving.
Defence is the specific denial of the plaintiff’s allegations by the defendant. Defence is
that thing which a man does in order to defend himself from the legal consequences of
the Proceedings instituted against him. It starts with the act of denial, and ends with the
act of proof. A mere denial without its proof is no defence. Defence also means the
team of people (lawyers and so on) who bring proceedings brought against someone. In
a civil case a written statement (pleading) by the defendant setting out the facts that
the defence will rely on is also known as defence.

17. Deposit:

The Court directed the respondent to deposit the compensation amount to the
plaintiffs account within a week.
An act of receiving, keeping, preserving a thing belonging to another with his consent is
known as deposit. The person in whose custody things are deposited does not
become the owner of the things deposited. He has an obligation to return the things on
the fulfilment of the stipulated condition. Though the thing comes to the possession of
the other person. The person depositing the thing does not cease to be the owner of

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the thing.
18. Distress:
The petitioner moved the court to claim his right of distress over the respondent's
vehicle for repayment of loan amount.
Distrain/distress is to seize goods as security for an unpaid debt.rt i another kind of
legal action. If a person fails to do his obligation, the affected person can take the
movable property of the defaulting person and keep it with him in order to compel I he
wrong doer to perform the obligation. Until the obligation is performed the things can't
be detained by the affected person. Such a right is known as right of distress.
19. Equity:

In ordinary language equity means natural justice.

Equity is the body of rules considered as governing all on account of their excellence
and universality. Equity is part of the law of England but not part of the common law.
The rules are not rigid. In its primary sense, equity is fairness of the rule of conduct
which ought to be followed by all.
20. Evidence:

The plaintiff was directed to produce the evidence in the proper order.
Facts stated by a person can be proved only by his evidence. A fact stated may be
proved either by oral evidence or by documents. Statements made by witnesses in
relation to matters of fact under enquiry are called oral evidence. Documents produced
in relation to matter of fact under inquiry are called documentary evidence. If a fact is
stated in the plaint or written statement, it is called 'pleading'. If the same fact is
spoken by the plaintiff or the defendant as the case may be, in the court in the witness-
box, it is called evidence.

21. Execution:

The defendant was jailed for not executing the court's orders.
It is the court procedure by which a decree is passed by a Trial Court or Appellate Court
is directing the enforcement of an order. When a court passes a decree directing the
defendant in the suit to carry out certain obligation, the defendant has a legal liability to

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carry out the obligation. If he fails, then the court has the power to enforce the said
decree in the matter permitted under the Civil Procedure Code. This term is also
applicable to documents. A document is said to be executed if the authority of the
document duly puts his signature subscribing to the contents of the document.

22. Fraud:

The petitioner filed a case in the court against his brother for fraud.
Fraud means lying or deceiving to make a profit or gain an advantage, or to cause
someone else to make a loss or suffer a disadvantage. This term connotes actual
dishonesty. Any act of suppression of facts, of suggestion of false thing, done with an
intention to deceive the other party, is called 'fraud'. When fraud is committed, the
aggrieved party has a right to proceed against the fraudulent party for damages. In
simple terms, this fraud may be described, as 'procuring of advantage to one self by
causing a person with whom one deals to act upon a false belief..

23. Hearsay:

Hearsay evidence is usually not admissible in the court of law.

This term is used in evidence, Hearsay evidence means evidence given by a witness on
matters heard by him from someone else. Sometimes, the term hearsay means
whatever a person has heard and sometimes it means whatever a person declares as
information given by someone else. It is otherwise called second-hand evidence.

24. Homicide:

The wife who killed her husband in defense was charged with culpable homicide.
Homicide literally means killing of a human being. If a human being is ki lied by another
human being, it is called 'murder'. Homicide may be either (i) lawful, or (ii) Unlawfu1.
Again, Unlawful homicide is of two kinds. (a) Murder, and (b) Culpable Homicide not
amounting to murder. An act of killing done with the intention to cause the death is
called murder. An act of killing done without any intention to cause death is called
culpable homicide not amounting to murder.
25. Injunction:

An injunction was passed by the court forbidding big cutouts near flyover.

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The court can restrain persons from doing certain things detrimental to the interests of
others or a person. Preventive detention is when a person is prevented or restrained
from doing any act. Mandatory injunction is if the court directs a person to do
something and an order of injunction can be either (i) temporary or (ii) permanent.

26. Issue:

In moots each side can have 4 or 5 issues to be argued.

An 'issue' is a point or points, and is a material proposition of fact affirmed by one
party and denied by the other. 'Facts in issue' mean the matters either of fact or law,
which are to be decided by the Court. Issue is also the legal word for: children; or a
matter to be decided by a court.
27. Judgment:

28. The judgment in Bombay terrorist attack case was lengthy.

Judgment is the decision of a Court and binds both parties to the suit. It contains the
facts of the cases of both the sides. It includes the Judge's views on the facts, and the
conclusion along with the reasons for arriving at the conclusion. Judgment is a
decision by a court.

29. Jurisdiction:

Court's Jurisdiction refers to the authority of the court to entertain an action.

The territorial limit or pecuniary limit of a court in entertaining various civil and criminal
matters is known as jurisdiction of a court.
30. Liability:

The state has a liability to protect its citizens.

Liability means the legal responsibility or obligation to do something. In civil law the
term means an obligation to door to pay. In criminal law it means and covers every
punishment to which a person invites by violating the laws of the land. Liability is a
debt or obligation.

31. Licence:

I have to renew the license for my vehicle.

Licence is a permission given by one person to another by the state or its agencies

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permitting the licencee to do something. lt cannot be transferred. But a licence to
attend a place of public entertainment can be transferred when it is specifically
prohibited. Licence is an authority to do something.
32. Maintenance:

The husband agreed to pay the maintenance on time.

It is provision for food, clothing and other necessaries given to near relatives, husband
to wife and children. Children have to give maintenance to aged parents.
33. Malafides:

An act done without good intention is said to have been done mala fides.
Mala tides and malice are synonymous terms. The term, malafides' implies breach of
faith or wilful failure to respond to one's known obligation or duty. 'Bona means good
and 'mala' means bad. Bona fide means good faith and mala fide means bad faith.
34. Minor:

Minor's contract is void ab initio.

Minor is a person who has not attained the legal age as per the law and hence does
not have full legal rights and responsibilities. Under law, a minor has no capacity to
enter an agreement. If he is a party to any agreement, that agreement is void Law
wants to protect minors because they lack maturity of mind to decide what is good
and what is bad for them.
35. Murder:

Crime statistics reveal that everyday two elderly persons are murdered in the city.
Murder is a form of culpable homicide. Every murder is a culpable homicide, but every
culpable homicide is not a murder. In murder, death of the victim is caused by an
unlawful act done with an intention to cause death. The victim must be a human being.
If the victim is an animal, it is not a murder.
36. Necessaries:

Necessaries are those material things which are needed for the survival of a person
according to his status.
Necessaries means those that are indispensable, needful or essential. Necessaries are

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a relative term. What is necessary to one person may not be necessary to another
person.
37. Negligence:

The driver of the school van was booked under negligence for rash driving.
Negligence is lack of proper care to do a duty properly. The omission to do an act
which ought to be done, the commissior to do an act which ought not to be done, is
negligence. Where diligence is required, and that amount of diligence has not been
exercised, it is negligence.
37. Oath:

The Prime Minister took the oath on the Gita.

Oath is swearing the truth of a statement. It is an appeal to God to witness the truth of
the statement. Any statement made after taking oath is believed to be true. Any
statement made on oath will. if found to be false, be a ground for a proceeding against
the person making it, for perjury.

38. Obscene:
The sensor board deleted obscene dialogues from the film.
Obscenity creates immoral influences which corrupts people. As long as it is not
published, distributed, sold, and imprinted so as to influence the minds of persons in
whose hands this is passed, it is not an offence. It is a relative term and what is
obscene for one person may not be obscene to another person.

39. Partition:
The partition of an ancestral property was conducted smoothly by the family elders.
Partition indicates the joint enjoyment and possession of a property by those who have
shares of it, and who have the rights to divide that property into separate divisions. The
sharers of the property may divide the property, each one taking a division in it and
thereafter having an individual title to that division. There is no conferment of any new
title to the sharer, who acquires his individual title by virtue of partition. There is a
change of status as well as division of property, by mutual agreement.
40. Plaintiff:

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Plaintiff is the person who goes to court to make a claim or plaint against someone
else.
He is the complaining party in a litigation, commencing a law suit for a relief against
his grievance. A plaint is a statement of facts giving the cause of action to seek a relief
in the court of law. The person making and signing such a statement of facts to
advance his case for obtaining that relief from the court is called plaintiff. The other
person against whom such relief is sought for is called the defendant.
41. Promissory Note:
Promissory note is a kind of a negotiable instrument.
It is an instrument creating a right in the promisee to demand certain sum of money to
the promisee. It contains an unconditional undertaking by the promisor to pay certain
sum of money to the promise thereof, on a demand made by him.
42. Proof:

Any evidence that stands the test of legal scrutiny is accepted as legal proof.
Proof consists of either evidence or testimony serving the purpose of convincing the
mind of the truth or falsehood of a fact. Such a proof may be either by documentary
evidence, or by oral evidence. Mere allegation of facts is not proof, their evidence is
proof. If there is no evidence, there cannot be any proof.
43. Redemption:

Ameer khan wants to redeem his ancestral property.

Redemption is the act of getting back a thing and it denotes the right of a mortgagor to
get back his mortgaged property from the mortgagee on payment of the loan received
by the mortgagor from the mortgagee. A suit by a mortgaged property discharged
from debt is known as redemption suit.
44. Remedy:
Ubi jus ibi remedium is a legal maxim which means where there is a right, there is a remedy.

Remedy is a legal solution for an invasion of a right and may be found out by the
parties themselves without going to court of law. The parties may take it to the court
of law by means of a suit. For the infringement of every right, there is a remedy.

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 45. Settlement:

The karta of the family made a settlement of all the movable and immovable
properties among the family members.
Settlement means any testamentary disposition in writing of moveable or immovable
properties made, (a) in consideration of marriage, (b) for the purpose of distributing
the properties among the members of a family, (c) for the purpose of making some
provision to some person who has some relationship (sapinda or non-sapinda), or for
any religious or charitable purpose. It is also denoted by another term, 'gift'. Settlement
is made in favour of person related to the settler but gift made is made even in favour
of persons not the denote. In both the cases, there is no money consideration.
46. Summons:

Summons were served on the editor of The Hindu to appear in the Court for contempt
of court.
Summons is a process of a court directing a person to appear before the court. It may
be issued by a Judge of a Civil Court, or by Magistrate of a Criminal Court. It is a call of
authority to appear before a Judicial Officer.
47. Surety:

My brother refused to sign surety for my project.

A person who gives security for another is known as surety". He is otherwise called,
'Guarantor'. A surety discharges the liability of a debtor in case of his default. A surety
undertakes to make good the loss suffered by the creditor by the conduct of the debtor.
The 'debtor', in such cases, is usually termed as 'principal debtor', which term further
connotes that the surety is a 'secondary debtor'.

48. Tenant:
My tenant pays the rent promptly.
It is a designation given to a person occupying lands or buildings belonging to another
on an agreement to pay rent for occupying that land or building. He is a party to an
agreement of tenancy, the other party being the landlord. Highlights and obligations
are laid down in the agreement of tenancy in case where he is contractual tenant, and

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in case of statutory tenant his rights and obligations are provided in the relevant Act or
Acts of Legislature.

49. Title:
I have full title over two acres of land in my village.
Title is right to a property, office or an appointment. It is transferable either by sale, or
by settlement, or by gift, or by will. Such a transfer is for consideration in some cases,
and for no consideration in other cases. Such a title is created by document,
transferred by, devolving upon sequence, or inherited by inheritance.
50. Transfer:
Nirbaya case accused wanted transfer of tlieir case to a court outside Delhi.

A permanent alienation is transfer. Such an alienation may be in respect (if movables

or immovable. All the rights hitherto enjoyed by the owned are transferred to the buyer,
or other alien. It is not necessary that every transfer must be supported by
consideration. A transfer may be absolute or with conditions.
51. Trespass:
Trespass is a civil wrong, but there some statutory offences for trespass.

The common declaration "trespasses will be prosecuted", has been called a 'wooden
lie' for trespass has traditionally been a civil wrong not generally a crime. But there are
some statutory offences of trespass such as trespass on a railway line or public
property. A trespass is an injury committed with violence and may be either actual or
implied. Peaceful but wrongful entry into another man's lands' is an implied violence.
52. Trial:
The Trial scene in the play 'The Merchant of Venice' will reveals Shakespeare's legal acumen.

The examination of a civil or criminal case by a competent court is known as, 'trial' and
it ends in a conclusion known as judgment. The hearing of a cause of action, civil or
criminal, before a Judge who has jurisdiction over the matter according to the laws of
the land, is also known as trial.
53. Trust:

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Paul created a religious trust.

A trust is an obligation annexed to the ownership of property and arising out of the
confidence reposed in and accepted by the owner, or declared and accepted by him or,
for the benefit of another and the owner. The person who creates a trust is called
·author of trust', and the person or persons on whom the trust is created is/are called,
'trustee or 'trustees' and the person or persons in whose favor a trust is created is/are
called. 'Beneficiary' or 'beneficiaries'. Sometimes, a trust is created for the owner
himself.

54. Usage:

Any usage practiced for a long time becomes a custom.

This term means what the people are presently in the habit of doing an act in a
particular place and that habit is only of recent origin or it may have existed for a long
time. A habit may be called 'usage', only with reference to a particular place. A usage in
the long run may become a custom, provided it is very ancient, continuous and
accepted by the majority of the people.

55. Verdict:

Supreme Courts' verdict is binding on other lower courts.

The finding of a Judge by way of declaration is called, 'verdict' of the Court. A verdict
may be either general or special. A general verdict is orally delivered in court. Special
verdict is popular in English law only. If an accused is adjudged as 'guilty', guilty as
charged or 'not guilty', this is a general verdict. Special verdicts are not allowed under
the Indian Penal Code.

56. Waiver:

The Self Help Groups requested the bank to waive the interest on their loans in the
initial two months.
Waiver means relinquishment of one's right. It is preferable to a conduct signifying
intentional abandonment of a right. It may be expressed or may be even implied. Waiver
is a voluntary abandonment of a known excising legal right constituting a conduct
warranting an inference of the abandonment of that right. Waiver, in such a case, is
defense against the subsequent enforcement of the said known right.

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 LEGAL MAXIMS

1. Actus-non facit reum, nisi mens sit rea (The act does not amount to crime unless it
is done with guilty intent)

The fundamental principle of criminal liability is embodied in the maxim, ’Actus non
facit reum nisi mens sit rea’. It means, the act does not constitute guilt, unless done
with a guilty mind. Thus there are two components for every crime, namely a physical
element and a mental element usually called actus reus and mens rea respectively. A
crime is made up of five constituent parts, namely;

(1) Human action or inaction, which may be called a conduct.

(2) The result of such conduct.

(3) Such act is prohibited by law.

(4) The conduct must be foreseen.

(5) The result must be voluntary.

The actus reus is made up of the first three constituent parts. The last two (4 and 5)
constitute the mental element of criminal liability, known as mens rea.
Actus Reus: The word actus reus denotes a deed i.e., a physical result of conduct.
Actus reus may be defined as such result of human conduct as the law seeks to prevent.
An act is defined as an event subject to the control of the will. In other words an act
means something voluntarily done. E.g. A shoots B to death with rifle. The material
elements of the act are: (a) its origin, namely a series of muscular contraction by which
the rifle is raised and trigger is pulled; (b) the circumstances, the fact that the rifle is
loaded and is in working condition and that the person killed is within the range, and (c)
the consequences, the chief of which are the fall of trigger, the explosion of the powder,
the discharge of the bullet, the striking on the body of the victim and resulting in his

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death. All these factors are implied in the statement ‘A killed B’ and they constitute an
act.To constitute a crime, there must always be a result brought about by human
conduct. Actus reus is the result of a human conduct and is an event. For example, in
the case of murder, it is the victim’s death brought about by the conduct of the accused
which is the actus reus. Only those acts are crimes which the law has chosen to forbid.
An act, however reprehensible it may be, is not a crime unless prohibited by law. For
example no crime is committed when a soldier in a battle field shoots at the enemy.
The act being authorized by law, the killing is not the actus reus of crime.
Mens Rea: In order to constitute a crime, menus rea is essential apart from actus reus.
In other words if there is no mens rea, no crime is constituted. For instance, causing
injury to an assailant in self-defense is no crime. But the moment injury is caused with
intent to take revenge, the act becomes criminal.Mens rea is a technical term generally
taken to mean some blame worthy mental condition. It denotes an evil intention or a
knowledge of the wrongfulness of the act. In the Indian Penal Code, the word mens rea
as such is not used anywhere in the Code. But the words like intentionally, voluntarily,
negligently, fraudulently, dishonestly have been used to denote the mental element in
the definition of crimes. For instance, in the case of murder, mens rea is the intent to
cause death; in the case of theft an intention to steal; in the case of rape an intention to
have forcible sexual intercourse with a woman without her consent; and in the case of
receiving stolen goods, knowledge that the goods were stolen. The general rule that
mens rea applies to all criminal offences is subject to certain exceptions. In some
offences the law holds a person responsible for his criminal act without looking into his
wrongful state of mind. Such offences are termed as offences of strict liability. Under
the Code, in offences like waging war against the Govt. of India, sedition, kidnapping,
abduction, counterfeiting of coins and the like, the mental element is deliberately
omitted and in such offences no element of mens rea is required for the commission of
the offence. Other kinds of offences where mens rea is wholly excluded are:
a) Public welfare offences like social and economic offences, offences relating
to foods and drugs, road traffic and revenue offences, etc.
b) Public nuisance, contempt of court etc.
c) Violations of municipal laws and regulations etc.

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2.Actuio personalis moritur cum persona: (A personal right of act dies with the person)
The maxim relates to the extinction of liability of a person his death.The personal
representatives of the deceased can always sue for the recovery of debts due to the
deceased. But he cannot sue for the breaches which caused mere personal injuries on
the deceased.The personal representatives are liable so far as they have assets on all
the covenants and contracts of the deceased execute in his life time. The action for
debt on simple contract, except for rent cannot be maintainable against the
deceased.As soon as death occurs, the law divests the property right from the
deceased and vests it on the person representative.No action will lie against the dead
persons if the injury done by him to another is capable only of attracting the claim for
unliquidated damages.Broom sums up the legal position thus “it was a rule in common
law that if an injury was done either to a person of property of another for which
damages only could be recoverable in satisfaction, the action died with the person to
whom or by whom the wrong was done”. But this rule was never extended to such
personal actions founded upon any obligation, contract, debt, covenant, or any other
similar duty to be performed, for the action survived.

3. Audi alteram partem (No man shall be condemned unheard)

No one is to be condemned, punished, or deprived of his life or property in any judicial
proceeding, unless he had an opportunity of being heard. A decision made in violation of
the above said rule maybe set aside. On laying of charges, an opportunity to answer
must be given to an individual alleged to have committed an offence. Sufficient notice
also should be given to the person against whom the charge is laid. This rule has a
universal acceptance and sounded upon the plainest principle of justice. It is the
cardinal principle of law that a person against whom any action is sought to be taken
should be given a reasonable opportunity to defend himself. In civil courts, we follow
Civil Procedure Code. In criminal courts, we follow Criminal Procedure Code. They
contain the rules regarding the opportunity to be given to the parties. But there is no
uniform body procedural norms to be followed by other adjudicatory bodies. The
requirement of audi alteram partem has two elements (i) an opportunity to make a

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representation must be given and (ii) such an opportunity must be reasonable. Before
an adjudication starts, the authority must give a notice to the affected party. Any
proceeding taken without notice is violative of natural justice. Issuing notice is the
minimum requirement. It is the sine qua non of fair hearing. Failure to serve notice
would affect the right of the opposite party. A notice to be valid and effective must be
properly served on the concerned party. It must provide sufficient time to the party to
prepare his case. To call upon a person to show cause immediately amount to denial of
notice. A notice must be adequate. A notice is bare bones language of the statute
without facts is insufficient and inadequate. The grounds stated in the notice must be
clear specific and unambiguous. The notice has to be served in a particular specific
mode.Hearing is an important rule under audi alteram partem. What type of hearing
should be given, whether oral or written depends upon the facts and circumstances of
the case. What is absolutely necessary is that the affected party should have an
adequate opportunity to meet the case and present his contention. If this can be
achieved through written explanation that is sufficient. If this minimum is not followed,
the principle of natural justice is violated.

4.Communis error facit jus (Common error sometimes possess current as law).
The law so favors the public good, that it will in some cases permit a common error to
pass for the right. For example, a particular kind of fictitious proceeding might have
been allowed by the courts (in England) for a long time. Because of this long usage, a
person who was not entitled to dispose of lands, was allowed to dispose of the lands
even though he was only a tenant. This was followed in England in ancient days.But the
maxim must be applied with great caution. Lord Ellenborough once observed, ‘It has
been sometimes said, communis error facit jus; but I say ‘communis opinio’ is evidence
of what the law is-not where it is an opinion merely speculative and theoretical, floating
in the minds of persons; but where it has been made the ground work and substratum
of practice’. Mr. Justice Foster observed that he would never hear this rule; because it
would be set up a misconception of the law in destruction of law. Lord Derma n
observed that a large part of the legal opinion which has passed current for Law taken
for granted’; and that , when in the pursuit of truth, we are obliged to investigate the

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grounds of the law, it is plain, and has often proved by experience, that the mere
repetition of the cantilena of lawyers-cannot make it law, unless it can be traced to
some competent authority, and if it be irreconcilable to some clear legal
principle’.Because of the wrong decision of the courts and erroneous conception of law,
(especially of real property) that has been made for a length of time, the basis upon
which rights have been regulated and arrangements as to property made, the maxim,
communis error facit jus, may be applied. The misconception must be there for a long
time. If the courts have decline to correct misconceptions of long standing, the
reluctance is due to wholesome fear of interference with rights based upon them.

5.Delegatus non potest delegare (A person who is delegate cannot himself delegate his
powers).
This means one agent cannot lawfully appoint another to perform the duties his agency.,
This rule is applicable whenever the authority involves a trust or discretion in the agent
for the exercise of which he is selected. When no matter of discretion, is involved and
where it is immaterial whether the act has been done by one person or another, the
delegation is permissible.
It is the general principle that certainly matters involving judicial powers, trust and the
exercise of discretion, or where the qualities of a delegate are material, a delegate must
act himself and must not delegate his functions to another. The principle is not only
extended to executive power but also to administrative power. When an act is only
ministerial in character, the delegate can delegate his power to another. An agent can
employ another in respect of such acts for which usually, and in the ordinary course of
business an agent is employed. A judicial officer cannot delegate his functions to be
discharged by others.

6. Exnudo pacto non oritur action.(No cause of action arises form a bare promise).
The maxim ’Ex nudo pacto non oritur actio’ means no cause of action arises from a bare
promise. The maxim as used by writers on Law of Contracts bears a meaning widely
different from that which has in Roman jurisprudence. ‘Blackstone observed:
consideration of some sort or other is necessary to the formation of a contract, that a

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nudum pactum, or agreement to do or pay something on one side, without any
compensation on the other, will not at law support an action, and a man cannot be
compelled to perform it. The nakedness of promise consists in the absence of
consideration, and not in the want of formal conditions, such as writing or
registration’.In the Indian Contract Act consideration is defined as follows: “when at the
desire of the promisor, the promise or any other person has done or abstained from
doing, or does or abstains from doing, or promises to do or abstains from doing
something, such act or abstinence or promise is called a consideration for the promise”.
Therefore if A promises to pay B a sum of Rs.100/- for nothing, B neither doing nor
promising anything in return or to compensate A for his money, his promise or
undertaking may indeed form the subject of a moral obligation, and may be binding in
honour, but it does not create a legal responsibility.

7. Ex turpi causa non oritur action (An action does not arise from a base cause)
The maxim Ex turpi causa oritur action means an action does not arise from a base
cause. In law of tort, the damage caused to the plaintiff must be a legal damage. It
must be a legal injury. If the damage is caused because of certain immoral act, no
cause of action can be maintained. When this maxim is applied, we will come to the
conclusion that an action does not arise from a base cause. Therefore if A is infected
by B, her paramour with a venereal disease, the existence of which was concealed by B,
A is not entitled to sue B, because an action does not arise from a immoral cause. A and
B fight with each other. Each one gives consent to the other. Whether the consenting
parties can recover damages from the other? No. Consent for fighting in a public place
is illegal. It is nullity. Therefore the suit for damages would be dismissed based upon
the principle, ‘an action does not arise from an immoral cause’.

8.In pari delicto potiot est conditio defendatis (Where the parties are equally at guilt,
the party in possession is better placed).
The general rule is that possession constitutes a sufficient title against every person
not having a better title. Actual possession is prima facie evidence of a legal title in the
possessor. The rightful owner must assent his title in order to divest a person in

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possession of the property. If the plaintiff and defendant are equally a fault or they have
committed one wrong or other, the party in possession ofr the property will be allowed
to keep the property. He can continue the possession of the property till any other
rightful owner proves or asserts his title. The possessory title may, by passage of time
and negligence on the part of the rightful owner ripen into a perfect and indefeasible
right. Mere possession of the property will support trespass. Trespass is a tort against
possession. Therefore he who commits a trespass upon the possession of another,
being
himself a wrong doer, has no right to put the other party to prove his title. Buller.J.
observed, "If a party comes to a court of justice to enforce an illegal contract, two
answers may be given to his demand: the one, that he must draw justice from a pure
fountain and the other, that potior est condition possidentis".

9.Falsus in uno falsus in omnibus (False in one thig false in everything).

When the evidence is placed before the court either through the mouth of a witness or
by means of a document, the court has to use its skill and experience to see the real
truth and to rely on that part of the evidence which appeal to it. The maxim ‘falsus in
uno falsus in omnibus’ means false in one thing is false in everything. In England some
importance is used to be attached to the principle underlying the maxim, whereas in
India it is not followed implicity by the courts. It is impossible to come across a witness
whose evidence does not contain a grain of untruth. It is the duty of the court to
scrutinies the evidence carefully and separate the grain from the chaff. This maxim can,
however, apply only when the one thing, about which a falsehood is established, is of
such an important nature as to throw suspicion upon the entire evidence, and not on
some minor or collateral matter.

10.Ganeralia specialibus non derogant: (General things do not derogate from special
things)
The maxim means general things do not derogate from special. Ordinarily special Acts
are not repealed by general Acts. If there is an express reference to the previous
legislation or a necessary inconsistency of the two Acts standing together, then the

251
maxim will not apply. The general rule, that prior statute are held to be repealed by
implication by subsequent statute if the two are repugnant, is said not to apply if the
prior enactment is special and the subsequent enactment is general. The rule was laid
down by Lord Selborne. He observed that- “where there are general words in a later Act
capable of reasonable and sensible application without extending them to subjects
specially dealt with by earlier legislation, you are not to hold that earlier and special
legislation indirectly repealed, altered or derogated from merely by force of such general
words, without any indication of a particular intention to do so”. There is a well-known
principle that a subsequent general act does not affect a prior special Act by implication.
The general maxim is, Generalia specialibus non derogant’ which means general
provisions will not abrogate special provisions. When the legislature has given its
attention to a separate subject and made provision for it, the presumption is that a
subsequent general enactment is not intended to interfere with the special provision
unless it manifests that intention very clearly. Each enactment must be construed in
that respect according to its own subject matter and its own terms. But a general
statute may repeal a particular or special statute. If a special enactment, and a
subsequent general Act are absolutely repugnant and inconsistent with each other, the
courts have no alternative but to declare the prior special enactment repealed by the
subsequent general Act. For example the provisions of local Act, under which certain
arrangements had been made for maintain borough prisoners in country goals were
repealed by Section 18 of General Prisons Act, 1842 (of England). The Criminal Evidence
Act (of England) was [passed in the year 1898. It superseded all prior special rules as to
evidence by the accused in criminal cases created by previous statutes in the case of
particular specified offences.

11. Ignorantia facti excusat, ingorantia juris non excusat.(IgnoraNCE OF FACT

EXCUSES, Ignorance of law does not excuse).
Ignorantia facti excuast means ignorance of fact is an excuse. Ignorantia juris non
excuast means ignorance of law does not excuse. Ignorance may be either of law or of
fact. For example, if the heir is ignorant of the death of his ancestor, he is ignorant of a
fact, but if, being aware of the death, and of his own relationship, he is nevertheless

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ignorant that certain rights have thereby become vested in himself, then, he is ignorant
of law. Ignorance of a material fact may excuse a party from the legal consequences of
his conduct. For example A fires a bullet into a bush, where unknown to him B is lying
hid and the bullet kill B. It is true that A fired intentionally into bush but no sensible
person would say that A fired intentionally at B.Ignorance of law, is not a defense. Every
man is presumed to know the law of the land. Ignorance of law does not afford any
amount of excuse whatsoever. For example a sailor has been convicted of an offence
that had been forbidden only by an Act of Parliament of which he could not possibly
know, since it was enacted when he was far away a sea and the offence was committed
before the news of its enactment could reach him.

12.Injuria non remota causa, sed proxima spectator (In law, the immediate not remote
cause, of any event is regarded).
This maxim is often used in marine insurance. In order to entitle the assured to recover
upon his policy, the lo0ss must be direct and not too remote, consequence of the perils
insured against, and that if the proximate cause of the loss sustained be not reducible
to one of the perils mentioned in the policy, the underwriter is not liable. For example, a
merchant ship is taken into by a ship of war, and thus exposes to tempestuous sea, the
loss then arising is probably attributable to the perils of the sea. The maxim is also
applied to actions founded on negligence. The plaintiff must prove that the defendant’s
negligence was the proximate not merely a remoter cause of the damage.
The maxim has an important application in connection with the measure of
damages.
The maxim has no application in criminal cases and fraud.

13. Omina preaesummuntur contra spoliatorem (All the things are presumed against a
wrong doer)
The maxim means that all things are presumed against a wrong doer or every
[resumption is made against a wrong doer.If a man by his own tortious act, withhold the
evidence by which the nature of his act would be manifested, very presumption to his
disadvantage will be adopted. If a party has the means in his power of rebutting and

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explaining the evidence adduced against him, if it does not tend to the truth, the
omission to do so furnishes a strong inference against him. Therefore, where a person
who has wrongfully, as converted property does not produce it, it shall be presumed, as
against him to be of the best description.So also, if a man withhold an agreement under
which he is chargeable, after a notice to produce, it is presumed, as against him that the
agreement has been properly stamped, until the contrary appear. If a public officer,
such as Sheriff produces an instrument, the execution of which he was bound to
procure it is presumed against him that the instrument has been duly executed.

14. Qui facit per alium per se. (He who does an act through another is deemed in law to
do it himself).
The maxim means that he who does an act through another does it himself. The
master’s liability for act of the servant has its origin in this maxim. A master authorizes
a servant to perform an act or series of acts. The master believes the servant. The
master outs the servant in his place to do his acts in his absence. The master trusts the
servant. Therefore the master is answerable for the wrong of the servant. If the servant
has acted on his own caprice, then the master would not be liable. So also if the servant
had acted beyond the course of the employment, the master would not be liable.

15.Respondent superior (Let the principal be held responsible)

The meaning of this maxim is ‘Let the superior be responsible’. The master is
responsible for every wrong of the servant or agent committed in the course of the
employment. The maxim has its origin in the legal presumption that acts done by the
agent or servant in and about his master’s business are done by the master’s express or
implied authority. They are in truth the act of the master. Therefore the superior, the
master, would be liable. There are two reasons for recognizing this principle
i. There is the difficulty in the way of proving authority, and
ii. That the masters and not their servants are financially capable of
bearing the burden of civil liability.
In absence of the above rule, a rich man would appoint a poor man to do a civil wrong
and the rich would go scot-free. The affected party would not get compensation.

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16. Res ipsa loquitur (The thing itself speaks)
The onus of proving negligence lies upon the party who alleges it. To establish a case,
the plaintiff must prove negligence by adducting reasonable evidence of it. The rule
that in an action for negligence, the In absence of the above rule, a rich man would
appoint a poor man to do civil wrong and the rich would go scot-free. The affected
party would not plaintiff must prove negligence, may cause considerable hardship in
cases where the plaintiff can prove the accident, but cannot show how it had happened,
the fact being solely outside his knowledge and within the knowledge of the defendant
who causes it. In such circumstances, it is sufficient for the plaintiff to prove the
accident and nothing more because there is a presumption of negligence according to
the maxim. Res ipsa loquitur means the thing speaks for itself. Such types of
presumptions arise when the cause of the accident was apparently under the control of
the defendant or his servants. The accident itself constitutes reasonable evidence of
negligence in the particular circumstances. There are three essentials for the
application of this maxim:
1. The thing causing the damage must be under the control of the
defendant
or his servants.
2. The accident must be such as would not, in the ordinary course of
things, have happened without negligence.
3. There must be no evidence of the actual cause of the accident.
Illustration: A was passing along the street and when he came near B’s shop, he was
injured by the fall of a barrel of flour which rolled out of a window on the second floor.
There was no evidence on the part of the plaintiff as to how the accident happened,
except the facts that while on the road he was knocked down by the barrel, became
unconscious and was injured. It was held that the accident alone was prima facie
evidence of negligence and the maxim will apply.

17. Sic Utere tuo ut alienum non leades (Enjoy your property in such a manner as not to
injure that of another person)

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Absolute Liability: Wrongs of absolute liability imposes a type of liability in which the
person becomes liable without there being any fault on his part. In these cases the
liability of the defendant is strict or absolute. That is why it is called strict liability or
absolute liability. In these cases, the wrong arises from the breach of absolute duty. An
absolute duty is one in which a person will be liable irrespective of any fault on his part.
The injured party need not prove any negligence, intention or means rea on the part of
the defendant. The following five types of torts will comes under the category of
absolute liability:
1. Cases relating to escape of dangerous things.
2. Cases relating to escape of animals.
3. Case relating to dangerous premises.
4. Cases relating to the use of things which are specially dangerous
e.g. fire, explosive etc.
5. Persons professing skill.
The strict principle of law is embodied in the maxim sic utere tuo ut alienum non leadas.
It means enjoy your property in such a manner as no into injure that of another person.
If we apply this maxim to lands and other properties of like nature the plaintiff must
prove that (1) he has sustained damage and (2) the defendant has caused it by going
beyond what is necessary in order to enable him to have the natural use of his land. The
owner or occupier of land may use it for any lawful object. If there is the natural use,
then the owner will not be liable. When there is some negligence, the owner will be
liable. But if the defendant brings some new article into the land it will be termed as the
non-natural use of the land. If it escapes and causes damages to the neighbors the
owner or the occupier will be liable the owner or the occupier will be liable. The case of
Rylands v. Fletcher establishes the principle that the person who, for hid own purposes,
brings on his land and collects and keeps there anything likely to do mischief if it
escapes, must keep it at his peril and he is prima facie answerable for all the damage
which is the natural consequence of its escape. A person will be strictly liable if he
brings beasts, water, filth, stench, traction engine, motor car or electricity. It is not
necessary for the court to analyze whether the defendant was aware of the dangerous
quality of the things used by him.

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18. Ubi jusi ibi remedium (Every right has remedy)
The maxim means that ‘whenever there is a legal right, there is a legal remedy’. It is also
explained as ‘there is no wrong without a remedy’. Jus means the right of action in a
court. The principle enumerated in the maxim is that if a man has a right , he must, as a
matter of course, have means to enforce it. He can avail a remedy if he is injured in the
exercise of it. It is a vain thing to imagine a right without a remedy. The right infringed
must be a legal right. The remedy prayed for must be a legal remedy. The maxim does
not lay down that there is a legal remedy for every wrong. There are many political,
moral and religious wrongs. But they are not recognized by law. Therefore they are not
actionable. In this connection Justice Stephen observed that it would be correctly
intelligible if it were said ‘where there is no legal remedy, there is no legal wrong’.

19. Volenti non fit injuria (Damage suffered by consent is not a cause of action).
The maxim volenti non fit injuria means that an act is not actionable as a tort as the
instance of any person who has expressly or impliedly consented to it. When a person
has given permission, leave or license to do a wrongful act, he cannot later complain of
it as an injury. If he has given up the right, he cannot enforce it at a later time.
The maxim can be applied under two circumstance
(a) It applies to intentional acts which would otherwise be tortious (e.g.) consent
to physical harm which would otherwise be an assault and consent to enter
on a land which would otherwise be a trespass.

(b) The maxim applies to consent to run the risk of accidental harm which would
otherwise be actionable due to the negligence of the person who caused it.
(e.g.) A master is not liable for an injury inflicted on a servant, who has
undertaken the services knowing the risks attached there to. Moreover the
maxim will apply to the spectators who many watch football or kabaddi.By
the application of this maxim, sufficient protection is also available to
surgeons or dentist. But, mere knowledge of an impending wrongful act does
not amount to consent, The maxim is volenti non fit injuria and not scienti non

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 fit inuria. Scienti means knowledge. The maxim applies only when there is an
express or implied agreement to run the risk.
The maxim does not apply in the following four circumstances:
(1) No consent can legalize an unlawful act (e.g.) A fight, with sharp
swords, where such a flight is prohibited be law.
(2) The maxim has no validity against an action based on a breach of
statutory duty.
(3) The maxim does not apply where the plaintiff has under an exigency
caused by the defendant’s wrongful mis-conduct, consciously and
deliberately faced a risk even of death, to rescue another from
imminent danger or personal injury or death.
(4) The maxim does not apply to cases of negligence.

20.Cessante ratione legis cessat ipsa lex (Reason is the soul of law, and when the
reason of any particular law ceases, so does the law itself).
Every law has an objective, When the objective of a law is fulfilled, the law is no longer in
need. Under old English Law of Torts, the husband was made liable for post nuptial
torts of his wife. Whenever a claim for tortious act is levelled against a married woman,
her husband was also made a necessary party to the suit. To circumvent this difficulty
Married Woman’s Property Act was passed in 1882. Under this Act, a married woman
can be sued, without making her husband a necessary party. Here the reason of the
earlier rule of the Law of Torts ceased the operate on the adoption of the new Act of
Parliament. Thus the old rule itself ceased to operate. The privilege of the member of
Parliament that he should not be arrested for a criminal case when the Parliament is in
session is also based on this maxim. After the completion of 40 days from the last date
of parliamentary session, the member of Parliament can be arrested for a criminal case.
Because, the public has no longer an immediate interest in the personal freedom of the
member of Parliament when the session is over. Only on this reasoning, some
temporary privilege has been conferred on the member of Parliament, When they are no
longer immediately in need, the reason of the legal rule which prevented the temporary
arrest of a member of parliament ceases to exit, so also the application of the rule.

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21. Salus populi est suprema lex(|Regard for the public welfare is the highest law)
This maxim is based on the implied agreement of every member of the society that his
own individual welfare would yield to that of community in cases of necessity. Under
certain circumstance for the sake of public good, life, liberty and property of an
individual are sacrificed.
This principle justifies the commission of private injury for the sake of public good. For
example, pulling down of a house, in order to arrest the progress of a fire with a view to
safeguard many of the houses in the locality is legally justifiable. Similarly, when the
highway is under repair, the user of the road may lawfully use the adjoining private land
since the derivation of private right is only for the welfare of the public. However, the
private rights are sacrificed only to the extent the public good warrants for it. The
acquisition of private lands for the public purposes is justified only under this maxim.

22. Novus actus interveniens (a new act intervening)

A consequence will be considered too remote if the chain of causation between the
defendant’s act and the plaintiff’s damage is broken by the intervention of a new act. In
such cases there is a break in the chain of causation due to an intervening act. A third
party may, at times, snap the chain of causation by deliberately intervening and thereby
making himself more than a conduit pipe between the original wrongdoer and the
ultimate damage. For example A tries to cause some wrong to C, B intervenes and
causes a tort to C. The act of B becomes a new and independent cause. B snaps the
chain of causation, and so B is liable for the wrong committed by him. In remoteness of
damage it is known as isolation test. If the new and independent act is an act of
violation not automatic, reflex or without consciousness of what the actor was doing,
the original wrongdoer A will be absolved from responsibility. But there should be clear
evidence to show
that the first man’s act has no direct bearing on the result.
E.g. (1) A was engaged in beating B to death and C, a stranger, intervened and added
some more blows to B and if B died, both A and C would be guilty of murder. A would
not be allowed to plead the defense that it was C’s Stroke that finally ended B’s life.

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E.g. (2) A was in charge of a steam engine. He stopped the engine and went away.
During his absence B set the engine in motion. By the act death ensued to C. Here
death was the consequence, not of the act of A, but of B who set the engine in motion
after A had gone away.

22. Rex non potest peccare (The king can do no wrong)

This is the fundamental principle of English Constitutional Law. Law presumes that
king, as a fountain of justice, is incapable not only of doing wrong, but even thinking of
wrong. Therefore, king cannot be attributed to any legal injury. It does not mean that
king is above law. But it means only that his ministers are held liable for the advise
given by them, which result in an illegal act. Afterall the Crown is created for the benefit
of the people, hence the presumption.Even a grant obtained from the King by deception
is valid. Because law presumes that all the actions of the King is supported by law.
However, this rule is not applicable when a grant is obtained by an act of
Legislature.The principle, King can do no wrong, led to the institution of Petition of Right,
which founded upon the theory that the King, of his own free will, graciously orders right
to be done.The maxim respondent superior, has no application when the servants of the
Crown commit a tort. Because law pr=resumes that King never commandeth a wrong.
Hence, the servant being tortfeasor will be held liable in law of torts. However now, King
is made liable for certain acts committed by his servants under the Crown Proceedings
Act, 1947.Similarly, in the absence of some statutory provisions to the contrary, the
servants of the Crown, civil as well as military can be dismissed irrespective of their
contract of employment with the crown for a fixed period.

24. Vigilantibus non dormientibus jura subsenient. (The laws assists those who are
vigilant, no thos3e who asleep over their rights)
The courts of justice require that parties to a litigation shall exercise due degree of
vigilance and caution. The maxim means that law would help those people who sleep
over their rights. Limitations have been prescribed in laws for taking cognizance of
cases. In the ancient possessory actions, “there was a time of limitation settled, beyond
which no man should avail himself of the possession of himself or his ancestors, or

260
take advantage of the wrongful possession of his adversary; because if he were
negligent for along and unreasonable time, the law refused afterwards to lend him any
assistance to recover the possession”. In the Limitation Act 1963, limitation has been
prescribed for various steps to be taken by the parties. If a party has not taken the
appropriate step within the time, he cannot enforce his right at a later time unless he
has a sufficient reason for no taking the steps. Limitation has been prescribed in
criminal law also. If an offence is punishable with fine only, then the offence must be
taken cognizance of by the court within six months from the date of the commission of
the offence. This will accelerate the activities of the investigating agency. If the matter
is not sent to the court within six months, then, the State loses the right to prosecute the
offender.

25. Ut res magis valeat quam pereat (It is better for a thing to have effect than to be
made void)
This maxim deals with the general principles of construction of deed. In matters
relating to contract or agreement also this rule of construction is used. According to
this maxim, an instrument must be interpreted so as to allow it to serve the purpose for
which it is designed. The Bills of Exchange Act, 1882 has recognized and adopted this
maxim. According to this, in determining whether the signature on a bill if that of the
principal or that of the agent by whose hand it is written, then construction most
favorable to the validity of the instrument shall be adopted. The maxim has been put in
use in Private International Law also. According to a rule of Private International0 Law,
when a law governing a contract containing foreign elements and the contract is valid
under one law and invalid under another, it is presumed that the parties intended to
apply, the law under which the contract is valid. The other name for this principle is the
doctrine of efficacy.

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 SYLLABUS

Objectives of the course:

The course objective is to train the students to acquire effective communication skills
including legal jargon. The students are an understanding of various types of
correspondence, writing reports, minutes, office order, etc. The modern forms of
communication and the way it can be used for business purpose is also covered in this
paper Linguistics and Phonetics help in good articulation with intonation and rhythm in
the spoken skills and increasing the word board both literal and legal for effective
written skills. Students are introduced to the various clauses, phrases, syntax, and
minces of legal terminology in the interpretative context.

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 COURSE OUTLINE

MODULE – I: Legal Literature

1.Methods of Study - Glanville Williams
2.Divisions of Law - Glanville Williams
3.Interpretation of Statutes - Glanville Williams
4.Moots and Mock Trials – Glanville Williams
5.Some Reminiscences of the Bar – M.K.Gandhi
6.Due Process Of Law Part 1 - Lord Dennings

MODULE – II: Communication Skills

Definition – Methods – Types – Principles of Effective Communication – Barriers to
communication – Relevance and Importance of communication

MODULE – III: E-Communication

i) Modern forms of Communication – Fax – E-Mail – Video Conferencing – Internet –
Website
ii) Writing Skills – Report Writing – Meeting Agendas – Minutes of Meetings –
Memorandum – Office Order – Circular – Notes

MODULE – IV: Logical Reasoning

i) General principles of Logic
ii) Deductive and Inductive Logic
iii) Proposition – Kinds and Types of Propositions
iv) Four-fold classification of proposition
v) Syllogism – Structure and Rules of Syllogism
vi) Fallacies – Distribution of Terms and Importance of Middle term

MODULE – V: Legal Language Usage

Legal Term (Appendix – I)
Legal Maxims (Appendix – II)
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 APPENDIX – I

List of Legal Terms

1) Accomplice
2) Adjudication
3) Adjournment
4) Admission
5) Affidavit

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6) Amendment
7) Approver
8) Breach of Contract
9) Capital Punishment
10)Coercion
11)Compromise
12)Consent
13)Counter Claim
14)Damages
15)Defamation
16)Defense
17)Deposit
18)Distress
19)Equity
20)Evidence
21)Execution
22)Fraud
23)Hearsay
24)Homicide
25)Injunction
26)Issue
27)Judgement
28)Jurisdiction
29)Liability
30)License
31)Maintenance
32)Malafide
33)Minor
34)Murder
35)Necessaries
36)Negligence

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 37)Oath
38)Obscene
39)Partition
40)Plaintiff
41)Proof
42)Redemption
43)Remedy
44)Settlement
45)Summons
46)Surety
47)Tenant
48)Title
49)Transfer
50)Trespass
51)Trial
52)Trust
53)Usage
54)Vakalat
55)Verdict
56)Waiver
APPENDIX – II

List of Legal Maxims

1.Actus Non Facit Reum, Nisi Mens Sit Rea

(The act itself does not constitute guilt unless with a guilty intent)
2.Actio Personalis Moritur Cum Persona
(A personal right of action dies with the person)
3.Audi Altren Partem
(No man shall be contemned unheard )
4.Communis error facit jus
(Common error sometimes passes current as law)

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5.Delegatus non potest delegare
(A delegate further cannot delegate)
6.Ex nudo pacto non oritur actio
(An action does not arise from a bare promise)
7.Ex turpi causa non oritur action
(An action does not arise from a base cause)
8.In pari delicto potier est condition defendentis
(Where the parties are equally at guilt, the party in possession is better placed)
9.Falsus In Uno Falsus in Omnibus
(False in one particular is false in general)
10.Generalia Specialibus Non Derogant
(General things do no derrogate from special things)
11.Ignorantia Facit Excusat, Ignorantia juris non excusat
(Ignorance of fact excuses, ignorance of law does not excuse)
12.In Jure Non Remota Causa, Sed Proxina Spectatus
(In law, the immediate ,not the remote cause of any event is regarded)
13.Omnia praesu muntur contra spoliatorem
(All things are persumed against a wrong order)
14.Qui facit per alium, facit per se
(He who does an act through another is deemed in law to do it himself)
15.Respondeat superior
(Let the principal be held responsible)
16.Res ipsa loquitor
(The things speaks for itself)
17.Sic Utero Tuo Ut Alienum Non Leadas
(Enjoy your property in such a manner as not injure that of another person)
18.Ubi jus ibi remedium
(Every right has a remedy)
19.Volenti non fit injuria
(No cause of action arises for damage suffered by consent)
20.Cessante Ratione Legis, Cessat Lex Ipsa
(If the reason of law ceases, the law itself will cease)
21.Salus Populi Supreme Lex
(Regard for the public is the highest law)
22.Novus Actus (or Causa) Interveniens
(A new act intervening)
23.Rex Non Potest Peccare
(The King can do no wrong)
24.Vigilantibus Non Dormientibus, Jura Subvenient
(The law gives help to those who are watchful and to those who sleep)
25.Ut Res Magis Valeat Quam Pereat
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 ( It is better for a thing to have effect than to be made void)

**********

Recommended Readings: Books:

1.Rajendra Pal and J.S.Korlahalli - Essentials of Business Communication. Sterling
Publications
1971 Print
2.Williams Glanville – Learning then Law. Sweet and Maxwell Printing Press, 2006 .Print
3.Bhatnagar - R.G Law and Language. Trinity Press Private Limited, 2012 .Print
4.Mill, John Stuart On Liberty London : John W.Parker and Son, West Strand,1859. Print
5.Dennings, Lord – Due Process of Law, London : Butterworth : Lexis Nexis, 2004 Print
6.Essentials of Business Communication – Rajendra Pal and JS Korlhali, S.Chand and Co. New
Delhi. Print
7.Locker and McGraw Hill – Business Communication : Building Crictical Series , 3rd Edition
Print
8.Herta A Murphy, Herbert W.Hiderbrandt & Jane P.Thomas - Effective Business
Communication . McGraw Hill Education 2017 Print
9.Agarwal, Anurag K – Legal Language and Business Communication. Macmillan Printing
Press
2019 Print
10.R.SAgarwal – A Modern Approach to Verbal and Non-Verbal Reasoning 2001 Print
11.Dennis Q.Mclnerny - Being Logical 2004 Print.

Further Readings :-Books :

1.Bovee, Thill, Schatzman - Business Communication
2.Penrose . Rasbery, Myres – Advanced Business Communication
3.Simon Colin – Doing Business on the Internet
4.Mary Ellen Guffey, Business Communication - Process and Product
5.David Annousamy – The Language Riddle, 5th Edition, Sterling Publication 2009

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 6.Williams, Glanville, Academic Writing, Routledge New York 2008
7.David Annousamy, Academic Writing , Routledge New York 2006
th
8.Williams, Glanville, Learning the Law, 14 Edition
9.R.P.Bhat Nagar, Law And Learning
10.Lord Denning, Due Process Of Law
Journals :
1.Language and Intercultural Communication
2.Language and Speech
3.International Journal of Bilingualism
4.Journal of International Communication – Research Gate
5.Journal of Communication Management – Journal Articles

Web Sources :
Https://www.latestlaws.com/library/legal-maxims/
https://www.lawsociety.org.uk/fot-the-public/legal-glossary/
https://www.justice.gov/usao/justice-101/glossary
https://www.marketing91.com/five-types-of-communication/
https://davidappleyard.com/english/vocabulary.htm
https://literarydevices.net/figure-of-speech/

Learning Outcomes:
* Students would get basic knowledge of effective communication skills in English much
needed for legal practice.
* Proper exposure to court room punctilios including selection of diction for drafting and
presentation of arguments.
* Exposition of enacted laws from the perspective of linguistic complexities would strengthen
the students in appreciation of invariable use words including personal pronouns (he includes
she, use of may for shall and impact of improper juxtaposition of words
* Advanced tutorship of verbal communication, drafting and composition exercises would add
to the efficiency of the course in the law school parlance.
*For the beginners and budding lawyers introduction to innovative interpretative approaches in

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understanding the law from the perspective of linguistic communicative deficiencies is a boon
for the courses in law in the coming four years in the law school.

*******

MODEL QUESTION PAPER

B.A.L.L.B.(HONS.)/B.COM.L.L.B.(HONS.)/B.B.A.L.L.B.(HONS.)/B.C.A.L.L.B.(HONS)
DEGREE (SEMESTER) EXAMINATIONS
(For the candidates admitted from 2021 – 2022 onwards)
First Year – Second Semester

LEGAL LANGUAGE AND COMMUNICATION (ENGLISH- II)

Time: 2 ½ hours Maximum: 70 Marks

Part A – (2 x 12 = 24 marks)
Write essays on TWO of the following questions in around 800 words each.
1. Describe the major divisions of law.

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2. Explain the best methods of studying from Textbooks and case books.
3. Narrate the sequence of events in the Thalidomide case.

Part B – (3 x 7 = 21 marks)
Answer THREE of the following questions in around 500 words each.
4. Define communication and analyse its relevance.
5. Describe the modern forms of communication.
6. Examine the important aspects to be followed in writing reports.
7. Draft a circular asking all staff and students to wear ID cards within the campus.

Part C – (5 marks)

8. Answer any one of the question given below: (1 x 5= 5 marks)

(a) Explain the term of proposition and four-fold classification of propositions.
(b) Discuss about distribution of terms and importance of middle term.

Part D – (20 marks)

9. Use TEN of the following legal terms in sentences: (10 x 1=10 marks)

(a) Approver
(b) Consent
(c) Oath
(d) Waiver
(e) Fraud
(f) Issue
(g) Partition
(h) Verdict
(i) Vakalat
(j) Settlement
(k) Proof
(l) Minor

10. Explain FIVE of the legal maxims given below: (5x 2 = 10 marks)

(a) Delegatus non protest delegare.

(b) Falsus in Uno Falsus in Omnibus
(c) Ignorantia facti excusat, ignorantia juris non excusat
(d) Respondeat superior.
(e) Qui facit per alium, facit per se,
(f) Communis error facit jus

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(g) In pari delicto potior est conditio defendentis

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