Essay Samples of Apply Texas

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Juvenile Detention Makes Teens Worse Essay - 1742 Words

There are numerous critics of the juvenile justice system, and while most of their denunciations remain the same as those of the justice system at large, an ample portion of their criticisms revolve around the claim that incarcerating young people not only doesn’t work in deterring or rehabilitating them, but makes them worse and leads to adult misconduct. A report noted that youth sent to juvenile prison were 37 times more likely to be arrested as adults (Szalavitz, 2009). Another major problem some cite with the juvenile justice system is that most delinquent offends have some form of mental illness, and that while studies have shown that mental health treatment would be a better alternative, they are simply ignored or incarcerated†¦show more content†¦Louis neighborhood. Not surprisingly, St. Louis is a hotbed of criminality, being constantly ranked in the top 5 most dangerous cities in the country as well as holding a higher average of gun related homicides than m ost urban cities. On top of the environment he grew up in, Quantel’s mother also used and sold crack-cocaine from their home (Initiative, 2007). Although little data is present to substantiate such claims, it can be inferred that during this time Quantel’s educational progress was probably stunted. As stated before, there is no evidence to support such data, but even if he was going to school, the fact that no one noticed his condition (which will be discussed) is amazing and is a failure not only of the school he went to, but of adult figures in his life. Nonetheless, Quantel was removed from his home at the age of eight for undisclosed reasons, but was documented to have been heavily neglected at the time of his withdrawal, with authorities reporting that he was heavily scared from obvious beatings, had rotten teeth, and smelled heavily of urine. After her was taken from his mother he was shuffled in and out of the foster care system, living with three separate families before moving in with his father and step-mother in St. Francois County, a mostly white, rural middle-class neighborhood in Missouri. Living with his father, Quantel made contact with his mother once again, and when he was only eleven-years-old witnessed his uncle getShow MoreRelatedJuvenile Offenders And Juvenile Delinquency1610 Words   |  7 PagesJuvenile delinquency, also known as juvenile offending, is participation in illegal behavior by minors8. A juvenile delinquent in the United States is a person who is typically under the age of 17 and commits an act that otherwise would have been charged as a crime if they were an adult. Depending on the type and severity of the offense committed, it is possible for persons under 18 to be charged and tried as adults. Juvenile crimes can range from status offenses (such as underage smoking), toRead MoreJuvenile Detention : A Second Chance Towards Life1425 Words   |  6 PagesSeptember 2014 Juvenile Detention, a second chance towards life The juvenile court established in Chicago in 1899 defines a juvenile as a youth who is not old enough to be held responsible for his crimes. Every state has a standard threshold for age, which classifies the person as an adult or minor. Accordingly, they are prosecuted in the adult or juvenile courts as per their age. United States have experienced an increase in its crime rate in the last few decades. The number of juvenile crimes has increasedRead MoreThe Missouri Model Of Juvenile Justice1363 Words   |  6 Pagesof juvenile justice was born after a 1969 federal report condemned quasi-penal-military atmospheres found in juvenile jails (Mendel 2010). Institutions that follow the Missouri Model focus on restorative justice, access to group treatment, individual therapy, and a humane environment. Juvenile offenders have basic necessities such as food and shelter, but also have access to education, recreation, health care, and counseling, all provided in a safe atmosphere. The Missou ri Model of juvenile justiceRead MoreEssay on Juvenile Delinquency1652 Words   |  7 PagesJuvenile Delinquency Everyday we read in the newspaper or watch T.V and hear news of crimes committed by Juveniles. With all of the crime being reported by the media about juveniles, one can’t help but wonder if all of our nation’s youth are juvenile delinquents. Although there are many cases where the juvenile did not commit a serious crime, there are others where the crime is so bad the juvenile court system tries the juvenile as an adult. Instead of seeking help for the individual, our justiceRead MoreThe Causes of Juvenile Delinquency and Crime Essay1432 Words   |  6 PagesThe social environment of teens holds an enormous influence on how the teens act and behave. Teens are easily influenced by their surroundings and they look to others for guidance. Their behavior results from that of the parent and peer influences. Parents play a particularly influential role in their child’s life and it is up to them to make sure that they are leading their sons or daughters in the right d irections. A teen’s peers also play a large role in how the teen behaves when the parents areRead MoreAdolescent Violence And Youth Violence2265 Words   |  10 Pageswrongdoings. There are a few variables that make singular high schoolers more inclined to be included in adolescent violence. Teens who are on medications will probably be the casualties or culprits of high school violence than different teenagers (Merino, 2010). The time soon after school gets out is the most perilous for high schoolers, particularly if that time is spent far from the supervision of mindful grown-ups (School Violence in America, 2015). Teens who experience difficulty adapting to issuesRead MoreIneffective Parents in Todays Society Essay795 Words   |  4 Pagesto how they raise their children. Though there are parents who do a wonderful job raising their children, many parents neglect their responsibility in child development. In this paper, the following will be discussed: the diversion th e government makes in the operation of parental duties when it steps in to discipline a young person, and the parents teaching discipline in values and morals. There are times when government action prevents parents from developing the child themselves. According toRead MoreJuveniles Should Not Be Prison1914 Words   |  8 PagesJuveniles in Jail Into days society there is a lot of debate and discussion on whether or not Juveniles should be sentenced to life in prison. Take in consideration that were talking about kids as young as like 6 years old. People talk about whether it’s right or not in other country’s they even banned the death penalty. Different people believe in different things. For example a group of people believe that juveniles should be sentenced to life in jail if they commit a heinous crime. Then thereRead MoreJuveniles Should Not Be Prison1903 Words   |  8 Pagesdiscussion on whether or not Juveniles should be sentenced to life in prison. Take in consideration that were talking about kids as young as like 6 years old. People talk about whether it’s right or not in other country’s they even banned the death penalty. Different people believe in different things. For example a group of people believe that juveniles should be sentenced to life in jail if they commit a heinous crim e. Then there are people that believe that the juveniles should not be sentenced toRead MoreRace, Class, And Gender Contribute For Youth Delinquency1205 Words   |  5 Pagesworld and how they mesh with the norms in the United States. Racism has deep roots in American culture and as a result has been a means to punish people more harshly in the judicial system. In the film Juvies (2005), teens were interviewed about their experiences in formal detention and what factors led to their incarceration. African Americans and Hispanics were at a disadvantage when they faced sentencing and as a result were more likely to be transferred to adult prisons or have increased sentences

Positive Effects of Colonialism - 1322 Words

INTRODUCTION Colonialism is a system in which a state claims sovereignty over territory and people outside its own boundaries; or a system of rule which assumes the right of one people to impose their will upon another. During the nineteenth and twentieth centuries, rich, powerful states, including Britain and other European countries, owned third world colonies. ‘Third world’ originally referred to countries that did not belong to the democratic, industrialized countries of the West (the First World) or the state-socialist, industrializing, Soviet Bloc countries (the Second World). This paper uses specific third world examples to summarize the main positive impacts of nineteenth and twentieth century colonialism, when colonial powers†¦show more content†¦Most farming method was simply local until industrialization period which lead to large-scale farming. For example, in 2004 agriculture contributed 27 percent of Kenya’s GDP. This represents a decline from 1963, when agriculture accounted for 38 percent of GDP. Kenya’s principal domestic commodities are the food crops maize (corn), millet, sorghum, and cassava. The most important export crops are tea, coffee, horticultural products (flowers, fruits, and vegetables), chrysanthemums (flowers from which pyrethrum insecticides are made), and sisal. The country’s principal livestock are cattle and goats. Since independence, Kenya’s small farm sector has contributed an increasing share of export production. Hospitals and medicine Colonial rule dominated the African continent from 1885 until the second half of the 20th century. Not until 1990 did the last dependency, Namibia, achieve independence. Years of intense and primarily European rule spread Western culture, government, industry, religion, and medicine across the continent. The relatively recent exodus of Western powers left the continent with artificially constructed nations and alien forms of government, still dominated by remote economic powers. As the source of human origin, Africa is also the oldest breeding ground of human diseases. Today, ancient diseases and newShow MoreRelatedPositive Effects of Colonialism1311 Words   |  6 PagesINTRODUCTION Colonialism is a system in which a state claims sovereignty over territory and people outside its own boundaries; or a system of rule which assumes the right of one people to impose their will upon another. During the nineteenth and twentieth centuries, rich, powerful states, including Britain and other European countries, owned third world colonies. ‘Third world’ originally referred to countries that did not belong to the democratic, industrialized countries of the West (the FirstRead MoreAfrican Perspectives On Colonialism By Adu Boahen1138 Words   |  5 Pages Zaidi 1 Syed Haider Zaidi Andrea Boffa History 108 Section G 4/23/15 â€Å"African Perspectives on Colonialism† is a book written by A. Adu Boahen. This book classifies the African responses to European colonialism in the 19th century. Boahen begins with the status of Africa in the last quarter of the 19th century and follows through the first years of African independence. This book deals with a twenty yearRead MoreInfluential Colonisation And Its Impact On Contemporary Africa1507 Words   |  7 PagesOutlined by this quote, that although in terms of times colonialism is a small section of African history, it has left an imprint throughout the continent. This essay will look at how influential colonisation is in contemporary Africa, there are two main groups of scholars who argue how influential colonialism was in Africa the first is outlined by Gann and Duigan and they hold the view that the colonial era was ‘the most decisive for the future of Africa’. The alternative school of thought is heldRead MoreAbstract. The Research Examines The Social, Economic And1704 Words   |  7 Pageseconomic and political effect of colonialism in West Africa. A critical view of the activities carried in the study to explain the social, economic and political effect of colonialism, and a qualitative of the growth rate of the West Africa countries were examined. The study therefore concludes that colonialism greatly had an impact in the growth of the countries in the selected West Africa countries. 1.0 Introduction Our research study will focus more on the effect of colonialism in Western part AfricaRead MoreColonization Of The Colonial System1473 Words   |  6 PagesLiberia and Ethiopia was seized and occupied by the European imperial powers of Britain, France, Germany, Belgium, Portugal, Spain and Italy. Adu Boahen is a Ghanaian historian who wrote African perspectives of Colonialism in which, he analyzed the ninetieth and the twentieth century colonialism from a variety of African and European views. He examined the influence of the slave trade, the mood of the Africans at the eve of the colonial system, evaluated the colonial system and how it works and finallyRead MoreWorld Issues : Personal Opinion1572 Words   |  7 PagesWorld Issues: Personal Opinion Essay- The Positives of Colonialism: Colonialism has been portrayed as leaving negative impacts on countries, however many do not take into consideration the positives effects of colonization. The people of Africa established a mainstream religion to follow (Christianity), including new laws and a new political system. Countries bonded with one another and signed agreements to prevent conflict between countries. It has benefited many people that were illiterate; schoolsRead MoreEffects Of Colonialism1377 Words   |  6 PagesColonialism: noun, a word meaning to take complete control over another country, influence its culture, and exploit it economically for the colonizing countries benefit. The very meaning of colonialism reveals its unwavering ability to bring forth great change in the customs and ways of life of all of the people that it affects. The end result of colonialism has been shown time after time as a society stripped of its native culture and left as a hollow shell of its former ways of living. Colonialis tsRead MoreColonialism And Its Effects On African Americans1241 Words   |  5 Pagesthe African people because they looked different from them as of skin tones. Moreover, Africans had lost all of their rights, along with their freedom as a result. Colonialism has referred to when a country takes over another country in order to replicate their society (Settles and McGaskey, 1996, p. 6). In other words, colonialism is the expansion of a territory. It is the exploitation of a territory and the territory being colonized has no say in the matter and in history for most of the timeRead MoreNegative Effects Of Colonialism1706 Words   |  7 PagesColonialism: noun, a word meaning to take complete control over another country, influence its culture, and exploit it economically for the colonizing countries benefit. The very meaning of colonialism reveals its unwavering ability to bring forth great change in the customs and ways of life of all of the people that it affects. The end result of colonialism has been shown time after time as a society stripped of its native culture and left as a hollow shell of its former ways of living. ColonialistsRead MoreNegative Effects Of Colonialism1445 Words   |  6 Pagesbeen developed to justif y and outline the impact of colonialism on various communities across the world. Some of these postcolonial studies contend that colonialism brought civilization to minority communities in the form of formal education, improved technology, religion, improved infrastructure, and increased trade. Although economic growth and political stability were the outcomes of European imperialism in Native territories, these positive effects are outweighed by the massive loss of lives, widespread

Heart Of Darkness Character Analysis - 977 Words

The novelist Laurence Sterne once wrote, â€Å"No body, but he who has felt it, can conceive what a plaguing thing it is to have a man’s mind torn asunder by two projects of equal strength, both obstinately pulling in a contrary direction at the same time.† In the novel Heart of Darkness by Joseph Conrad there are two characters whose minds are being torn in two. One of these characters is the mysterious Kurtz. Kurtz is the commander of a trading post for a corrupt company who trades ivory. While he works for corrupt company and does disgusting things, he also has a set of morals. Throughout the novel Kurtz shows the struggle between wanting and gaining personal wealth and being a decent human being. Throughout the journey, Marlow continues to†¦show more content†¦Not only does the company treat the Africans badly, they do not even see them as human. The company in England, as well as the much of Europe, has the idea that because the Africans are â€Å"less advanced†, they are not civilized. Thinking this allows for the mistreatment of the Africans. When Kurtz first arrived in Africa, he presumably thought the same as the other Englishmen. As Kurtz spends more time with the Africans, he begins to change his mindset about the African’s lifestyle and begins to accept it. Over time, Kurtz comes to the realization that the Africans are truly humans and are civilized in their own way. Kurtz knows that the Africans are cannibals and that they act in ways that seem inhumane to Europeans, but he comes to the same realization that Marlow later does. Marlow learns that it is restraint that makes a person civil when he thinks, â€Å"why in the name of all gnawing devils of hunger they didnt go for us - they were thirty to five - and have a good tuck-in for once, amazes me now when I think of it(400). Kurtz recognizes what makes people civil. It is not the clothes they wear or the customs they have, it is whether they can control themselves and have restraint when dealing with others. This influences Kurtz’ outlook on civilization and the Africans. Once Kurtz recognized the Africans as humans and acknowledged their lifestyle as civilized, he began toShow MoreRelatedCharacter Analysis Of Heart Of Darkness1799 Words   |  8 PagesIntroduction Joseph Conrad’s 20th century novella, Heart of Darkness, explicates the disparity between the intrinsic nature of humans and the superficiality that one exudes to masquerade the primordial nature innate to all persons. Charlie Marlow’s expedition through the Congo River cultivates an opportunity for self-discovery as he realizes that the human spirit is capable of atrocities that one could not fathom; moreover, his empirical observations of European violence in Africa impels him to renounceRead MoreCharacter Analysis Of Heart Of Darkness1983 Words   |  8 PagesJoseph Conrad’s novella, Heart of Darkness, examines the mysterious Kurtz, and his struggling journey in which his psyche tries to maintain its state after transferring into a different and more mysterious environment. This change to the jungle from Europe altered the limits of his mind, causing his old European identity to be mutated. In accordance with this, his inner shadow battles to reveal his true self – a distinctive character itself that, being influenced by the ominous wild, exposes hisRead MoreThings Fall Apart, And The Heart Of Darkness1518 Words   |  7 PagesIntroduction The following essay will contain a critical analysis of two passages from Things Fall Apart, and the Heart of Darkness. I will compare and contrast the narrative structure, the language used and the themes explored. Through this critical analysis, we can gain a better understanding of the two extracts, each one helping to illuminate the other. The passages I will be analysing are: Things Fall Apart, Chinua Achebe, Page 124 Heart of Darkness, Joseph Conrad, Page 116-117 Narrative Structure NarrativeRead MoreComparative Essay1096 Words   |  5 PagesComparative analysis: â€Å"Heart of Darkness† â€Å"Apocalypse Now† Student: Mora Vandenbroele Teacher: Azucena Estigarribia Year: 11th â€Å"A† â€Å"Heart of Darkness† vs. â€Å"Apocalypse Now† It is very interesting how humans are so intrigued about the evilness in the world, and the dedication of some men to compare Hell with the Earthly horror. Joseph Conrad, a genius writer, took his time to show this with his masterpiece â€Å"Heart of Darkness†Read MoreEssay about Joseph Conrads Heart of Darkness794 Words   |  4 Pagessuggestive arguments when trying to dissect a piece of writing. Joseph Conrads novella Heart of Darkness offers the perfect platform for interpretation. With a dozen shades of foggy grays, the short story is begging for a set of eyes that can see it through. Without proceeding too far into the novella, one can draw out a great deal of analytical suggestions as to what the title itself implies. The word Darkness seems to be a consistent theme throughout the book. So much so, that the amount of weightRead MoreHeart of Darkness vs. Apocalypse Now Essay816 Words   |  4 Pages In Heart of Darkness and Apocalypse Now, both Joseph Conrad a nd Francis Ford Coppola create similar statements through their creations as they both centralize their views upon the effects of environmental changes that affect the human condition. The film Apocalypse Now vaguely reflects a similar message pursued by Conrad’s novella, due to the difference in time period, place setting, and circumstances in which the film was created. Conrad wrote his novella during British colonization, focusingRead More Comparing Apocalypse Now and Heart of Darkness Essay1489 Words   |  6 PagesComparing Apocalypse Now and Heart of Darkness   Ã‚   In the opening scenes of the documentary film Hearts of Darkness-A Filmmakers Apocalypse, Eleanor Coppola describes her husband Franciss film, Apocalypse Now, as being loosely based on Joseph Conrads Heart of Darkness. Indeed, loosely is the word; the period, setting, and circumstances of the film are totally different from those of the novella. Yet, a close analysis of character, plot, and theme in each respective work reveals thatRead MoreThe Journey In â€Å"Heart Of Darkness† Spans Not Only The Capricious1222 Words   |  5 PagesThe journey in â€Å"Heart of Darkness† spans not only the capricious waters extending our physical world, but also the perplexing ocean which exists in the heart of man. Through Marlow s somewhat overenthusiastic eyes, we perceive the mystery that is humanity, and the blurred line between darkness and light. It is an expedition into the deepest crevices of the human heart and mind bringing on an awareness, and finally descending into the abyss of hell abiding in each of us. Conrad’s use of wordplayRead MoreIn Search of the Unknown: Apocalypse Now1584 Words   |  6 PagesIn Search of the Unknown Apocalypse Now is a film based on the story Heart of Darkness, written by Joseph Conrad. By analyzing the book, the readers do not just understand the theme and plot of the story, but also makes readers look back in the 19th century Colonialism and see how the world worked under Imperialism. The movie, Apocalypse Now also correlates with the book, but this time the setting does not take place in the 19th century, but in the 20th century when United States was at war withRead MoreEthnocentrism: with Whom Resides the Heart of Darkness?790 Words   |  4 PagesEthnocentrism 1 Ethnocentrism With Whom Resides the Heart of Darkness? Antonio Arevalo James Campbell High School Ethnocentrism 2 Abstract This paper discusses Heart of Darkness, Joseph Conrads most acclaimed novel, and attempts to determine what the heart of darkness that Conrad speaks of is. I found, through my interpretations, that the heart of darkness is the ethnocentrism that Europeans maintained in the age of colonialism. More specifically, this ethnocentrism brought

Environmental Economics A Short Evaluation of the...

â€Å"Ecosystem service valuation† is the administration of monetary worth, relative worth, utility or importance to the benefits that people obtain from ecosystems. In 2005, the Millennium Ecosystem Assessment Report (MEA) grouped ecosystem services into four broad categories: (i) â€Å"provisioning services† - production of food and water; (ii) â€Å"regulating services† - control of climate and disease; (iii) â€Å"supporting services† - nutrient cycles and crop pollination; and (iv) â€Å"cultural services† - spiritual and recreational benefits. Examples of these services have been articulated by mass media as the way rainforests and wetlands affect global climate systems, or the devastation of codfish populations by overfishing. As human populations grow, so do the resource demands imposed on ecosystems and the impact of our global footprints. We know for certain that without the services provided by the ecosystem, the Earth would be uninhabi table for humanity. In this paper I will discuss the positives and negatives of the monetary valuation of ecosystem goods and services to demonstrate that without a doubt, assigning such a system to these services will aid in the creation of more sustainable development outcomes. Sustainable development is understood as an organizing principle for human life on a finite planet, which works toward the preservation and endurance of diverse biological systems. Throughout history we have seen interdependence between economic growth and environmentalShow MoreRelated The Cost-Benefit Analysis of Solar Energy Essay3669 Words   |  15 PagesIn recent decades, much debate has ensued about the vast amount of natural resources and ecological services society depletes. Moreover, the debate has evaluated how society depletes these natural resources at a faster rate than the environment can replenish. It also assesses how society can mitigate these environmental issues in order to preserve our natural resources for the prosperity of future generations. Research suggests that the natural resources we currently use, such as coal and petroleumRead MoreArguments for and Against Business Ethics,11007 Words   |  45 PagesPROGRAMME w.e.f. SESSION 2009-2010 (Under Public Pri vate Parternership Scheme) FIRST YEAR 1st Semester Title of the Paper(s) Business Organization Business Communication Skills - Workshop Business Mathematics Computer Fundamentals and Applications Economic Policy and Analysis Financial Accounting Environment Management External Marks (Theory) 70 50 70 50 70 70 70 Internal Assessment Marks 30 50 30 30 30 30 Practical Marks 50 Total Marks 100 100 100 100 100 100 100 Paper No. 101-II 102-II 103-IIRead MorePestel and Porter Five Force Analysis of Container Line Shipping Industry in India7062 Words   |  29 PagesContainer line business involves hiring, transportation, repairs and movement of containers by exporters, trader or agents for transportation of goods to any foreign destination against agreed freight rates. The reason for choosing this industry as part of study is due to enormous support being given by government of India to promote foreign trade for the economic development, as well as my personal experience of 5 years in shipping industry under AP Moller Maersk Group gave me thrust to explore more aboutRead MoreAppraisal Techniques of Public Investments and Projects62994 Words   |  252 PagesMinistry of Finance and Economic Planning National Development Planning Directorate Public Investment Technical Team Unit Capacity Building to Support the Rwanda Public Investment Program Investment Appraisal Training Manual for Government Staff Prepared by Sulaiman Kyambadde P.O. Box 1851 Kigali, Rwanda Tel: +250 255114413 (office) October 2011 The purpose of this Training Manual is to help PITT implement the use of international best practices of Investment Appraisal techniquesRead MoreNokias Human Resources System144007 Words   |  577 PagesCOMMITTEE FINANCIAL EXPERT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CODE OF ETHICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PRINCIPAL ACCOUNTANT FEES AND SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EXEMPTIONS FROM THE LISTING STANDARDS FOR AUDIT COMMITTEES . . . . . . . . . . . . . PURCHASES OF EQUITY SECURITIES BY THE ISSUER AND AFFILIATED PURCHASERS . . . . . CHANGE IN REGISTRANT’SRead MoreContemporary Issues in Management Accounting211377 Words   |  846 Pagesavailable Library of Congress Cataloguing in Publication Data Data available Typeset by SPI Publisher Services, Pondicherry, India Printed in Great Britain on acid-free paper by Antony Ro we Ltd., Chippenham, Wiltshire ISBN 0–19–928335–4 978–0–19–928335–4 ISBN 0–19–928336–2 (Pbk.) 978–0–19–928336–1 (Pbk.) 1 3 5 7 9 10 8 6 4 2 3 FOREWORD ‘ Michael Bromwich is an exemplar of all that is good about the British tradition of academic accounting. Serious in intent, he has striven both to illuminateRead MoreMicromax Marketing Strategy8630 Words   |  35 PagesCurrent rivalry........................................................................12 3. Environmental factors a) Technological........................................................................13 b) Political..................................................................................13 c) Economic...............................................................................14 d) SocialRead MoreI Love Reading Essay69689 Words   |  279 PagesFigure 3.1 : Figure 3.2 : Figure 3.3 : Figure 3.4 : Figure 3.5 : Figure 4.1 : Figure 4.2 : Figure 4.3 : Figure 4.4 : Figure 4.5 : Figure 4.6 : Figure 4.7 : Figure 4.8 : Entrepreneurship Pyramid Registration of new companies according to nature of economic activity Motivation to become an entrepreneur Highest motivation – Variations according to region Motivation – Variations according to gender Motivation – Variations according to age Motivation – Variations according to family background MotivationRead MoreAnnual Report Rolls-Royce78484 Words   |  314 Pagesreview 08 Our consistent strategy 20 Market outlook 22 Key performance indicators 26 Principal risks and uncertainties 28 Review of operations 28 civil aerospace 30 defence aerospace 32 marine 34 energy 36 engineering and technology 38 operations 40 Services 42 Sustainability 48 Finance Director’s review goVernAnce 56 56 58 58 59 62 63 63 64 67 78 80 81 81 Chairman’s introduction Board of directors The Group Executive The International Advisory Board Governance structure Audit committee report NominationsRead MoreCase Study148348 Words   |  594 PagesContinuing Success but at What Cost? 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Difference of Languages Between Two Countries

Question: How language can affect the performance. with explanation how and why. Discuss how language differences between the host country and the home country could affect subsidiary performance. Contrast how language differences between the host country and the home country can affect the subsidiary performance in a fully owned subsidiary vs joint venture with a local partner. Which mode is better in the presence of language barrier? Answer: In the following assignment, the difference of languages between two countries i.e. the host country and the home country in an organization structure will be discussed. The employees who are coming from the foreign country to the host country of the parent company are facing various problems. Communication is one of the main problems which they are facing. To survive in a different country where the parent company has transferred their employees along with the social and cultural issue the employee has to adapt their language also. Without understanding the language the employees cannot survive in a foreign country. This language difference also affects the subsidiary performance of the organization. Few organizations opens their own subsidiaries in the host country and sometimes few organizations goes for joint venture with the local partner of that host country. It will also be discussed that if a foreign company wants to expands their business in a totally new country then what t hey should do. They should go for own subsidy or go for joint ventures with the local dealers or partners of that host country. As language is one of the important communication for a company to deal with the customers be it in their own home country or be it with the customers of the host country language is the most important thing. Without any communication the company cannot expand their business for which they are planning to expand their business in all over the world. By only knowing the language of a specific country where the parent company wants to expand their business many problems can be solved. So, in the following assignment the language problem and the difference that the host country and the home country (Brannen, Piekkari, Tietze, 2014). Whenever an organization launches their subsidiary in a foreign country for expanding their business they face a lot of problem. One of the major problem is the language of that country where the parent company wants to open their subsidiary company. They cannot hire all the employees for that subsidiary company from the host country. They have to transfer few of their employees from the home country and when those employees comes to the host country then it is totally a new place for the employees who have got transferred and the culture and communication is totally different. The company has come to the host country from their home country to do business and for that they have to understand the language of the host country without understanding the language they cannot do any business with that country. If the company does not understand the languages of the host country then the subsidiary company will face various problems which will affect their business and these affect the pro fit income of the parent income for which they have decided to expand their organization in different countries of the world. Their subsidiary performance will not go well because of the language problem. Without solving these language problem the subsidiary company cannot proceed with any type of negotiation with the host country. The host country will also face problem when they will have to do business with the subsidiary company. As the subsidiary company is having language problem so if they think that for their business they will bring their raw materials from their home country then it will affect their financially. It not at all a great idea for bringing the raw materials from the home country and they are avoiding to buy the products from the host country because they are facing problems with the language of that host country and they are unable to make the people or the partners of their host country understand that what they want (Powell, Rhee, 2013). The subsidiary comp any should go for recruitment and recruit some employees who knows the market of the host country and can understand the language of both the host country and also the language of the subsidiary companys home country. This is benefit both the subsidiary company and also the host country. When a subsidiary company goes for expanding their business in a totally new country then their main aim is to expand their business in that country such a way that their not any single competitors couldnt get any chance to stay with their products in the same market. But for that the subsidiary country has to understand the market and also their customers. For both of this things the subsidiary company has to know the language to so that they can easily approach their customers and for that they have to approach their local vendors and local dealers. For approaching them also they have to know the language without which they would not able to make their products and also be unable to target their c ustomers. For advertising their products also they have to know the language of the host country so that they can make the people understand that what they want to deliver to their customers. As it is already known that people sees those things only which they are able to understand and they gets attracted towards those products only which are easily understand and what the company wants to tell to their customers through their products. So, if the subsidiary company fails to do all these things i.e. to make their customers understand through their advertisements then the customers will not get attracted towards the product and then like this the performance of the subsidiary company will fail and then they will also fail to achieve the target that has been set by the parent company and this will affect the financial growth of both the parent company which is in the home country and also of the subsidiary company where they are facing the problems. To make their performance the subs idiary company has to recruit only the employee from the host country but also have to give training to those who are coming from the home country to the host country for expanding their business. The parent company should train their employees not only after coming and joining in the host country but they should give a preliminary training to them before they are transferred to the host country where they have opened up their subsidiary company. If the parent company goes all these procedures then only they will be able to make a stand in the host country with all the difficulties. AS it is known that it is not easy for a parent company to expand their business in a foreign country and open their subsidiary in that country and with that if they also have face the language problem then it is totally a mess for the parent company. If the subsidiary company with the help of the parent company i.e. with the help of training and also with the support of their partner with whom the subsi diary company is going for joint venture then it will not be that much of problem for the subsidiary company to excel in the market of the host country. Not only for the profit of the subsidiary company the employees have to go with the training but also for their own survival in a totally new country with new culture the employees will be having lot of problem for making them adjust in the totally new atmosphere with a total new environment (Vidal-Surez, Lpez-Duarte, 2013). If the employees are facing language problem in their personal life i.e. for adjusting themselves in a totally new environment then how will they adjust themselves with total new atmosphere in their professional life and if they are not able to adjust in their both personal and professional life then it is not possible for the employees to excel in their professional field. Due to all this problems the employee are not able to give their hundred percent in their job and all these factors are affecting the compa ny also. With the low performance of the employees the companys performance is also decreasing and all these are not a good sign for the growth of the company. The subsidiary company has expanded their business to make more profit for them from other countries also but they are unable to give that performance and this language problem is the major issues and without overcoming these issues a company cannot grow in the market and if they are not able to expand in the market then they will be unable to reach to their customers and these will affect the yearly performance of the subsidiary company and if the subsidiary company gets affected then for slight also the parent company will get affected how much billionaire the company might be. Because for expanding their business in the host country the parent company has invested a lot and they also expects to earn those money which they have spent in the host country for expanding their business in the form of profit and also make a good position among the customers so that the customers gets attached to their product and not a single competitor stand in that market because of them (Hinds, Neeley, Cramton, 2013). For example- If an American, multinational firm wants to open up a new branch in China then at first they have to bring employees from the home country of the subsidiary company then at first they have bring employees from their home country and have to start their first base of expanding their firm i.e. starting the work process and with that they also have to start recruiting employees from China which is the host country of the American multinational firm. They have to recruit some employees from the host country because as it is an American firm so almost all the employees of the firm are from their home country and some are from other countries who are also new with the Chinese language so it will be very difficult for them to adjust themselves in this totally new country but they have to adjust and all this factors will affect the performance of the employees who have come from that country to help their company and give profit to their company and all these will also affect th e future growth of the company also. Their planning to expand their business in a totally new place will fail and for all these they will have to think twice of expanding their business in a totally new place. So, the American company needs to train their employees in all ways so that the employees do not face any problem after going to the host country and give their hundred percent performance and give better result to the subsidiary company and also to the parent company (Harzing, Pudelko, 2013). As it is known that when a foreign firm comes to do business in a totally new country then they have face various problems. Those problems are cultural, social and language. More than all other factors language is the important factors which they has to face definitely. They have to overcome these problem as fast as possible because if these problems carries with them for a long time then their financial section of the company will effect more. Because of these language difference the company will think of owning their own subsidiary but to run their own subsidiary in a totally new place will be a lot of problem and by any reason they have to take help of the local people. So it will be the best for the parent company to go for joint ventures with the local partners of that host country if the host country have their production which is linked with the subsidiary company of the host country. Because the host country already have a firm which produces products which are like the produ cts that the subsidiary company is already producing. But language is the important thing which will help the host country and the subsidiary company to communicate between each other and verbal and non-verbal are the most important mode of communication when it comes for dealing for business and to deal with the business partners of the host country it is necessary to know the language of the host country because the language will help them in dealing with them with the local dealers for the products of the host country. In East Asian countries particularly China, there are almost 56 types of ethnic language which is in practice and more than hundred alphabets are in practice and a common meaning can be drawn from those alphabets (Harzing, Kster, Magner, 2011). The Chinese alphabets has very different behavioral patterns. For any outsider people it is very difficult to keep the Chinese language in their mind. It is very difficult to keep them memorize for a foreigner. But for the foreign company it is almost mandatory to understand the language of the country without understanding them they cannot strike for any deal in that country and as it is known that Chinese language is very difficult to understand so the foreigners need quite an additional time to understand the language and as in China there are many ethnic languages are used so the foreigners need much more time to learn the language. So, after they launch their company in the host country i.e. China the company should organize for a training session on language along with other training sessions for the employees of the firm. The managers and the higher authorities of the subsidiary company should also organize training sessions on non-verbal communication, symbolic communication and other communication related problems with the help of the experts of that country (Nordman, Tolstoy, 2014). It is also known that as China is one of the fastest developing country and all the foreign firms are deciding to expand their business or else launching a new product in this country and wanted to see that how the people of East Asia are accepting the products after that they will expand their business and launch their products in the other East and South East Asian countries. So, for launching their product and expanding their business in China they has to know the language of this country as it is very difficult and it cannot be easily grasped. The foreign investors and the companies will need a much time to grasp the language. So, for all these they have to deal with the local dealers of China and for that also they have to know the language for communicating with them (Jeanine, Leanna, Martin, Peter, 2014). So, for all these the end result is to learn the language so that they can do their business easily without much difficulty and also can deal with the dealers of the host co untry who will help them in coming in contact with their customers of that country so that the product which the subsidiary company wants to sell in that host country. And for expanding the business the foreign company should always go for joining hands with the local partners or the dealers of that country as they know their customers very well and also knows the mind set of people of that country. The local partners know the habits of the people staying in that country (Konara, Wei, 2013). The local dealers or the partners knows the thinking language of the people living there and they also knows that by what method they should approach their customers so that the customers gets easily attract towards the product and buy the products. But if the foreign company decides to own their own subsidiary without taking any help of the local partners then they will face many problems and the first problem they will be facing the language problem as they are new in the country and they are totally new with the language they do not understand a single word then how they will be approaching their customers and how they will make them understand what the product is and in what ways the product will be beneficial to the customers living in that country. If the subsidiary company do not go for any joint ventures then will face problems in dealing with the dealers through whom they will be selling their products and the products will reach to the customers of that country. The local dealers and the local partners knows their customers very well. They understand the thinking process of their customers. They knows that towards which product their customers are giving more interest during that time and by what methods the interest can be diverted from those products and make their focus on the product which has been launched by the subsidiary company (Davis, Desai, Francis, 2011). For example If foreign company wants to launch their products in country like India then they have to see that at what things the people of this country are giving more interest. India is a multilingual country and to reach them the foreign subsidiary has to make advertisement of all the languages which are been spoken in the country. As the people of India are more attracted towards entertainment it can be of any type so the foreign subsidiary company has to introduce their product in those entertainment which will come into the notice of the customers and they will so some interest into the product and if the product is being advertised and especially in the language of that place where the advertisement is being shown then then it will attract the audience to see those advertisements. Because will give more interest in those things only which are easy for them to understand and they will show eagerness towards the product and will show more interest towards the product and will a pproach the local dealers to know more about them because they cannot deal or contact with the main company i.e. who is launching the product in the country and as in India there are people who belongs from different economic strata so it is not possible for them to come in contact with the main company for knowing more about the product (Brouthers, 2013). They have to contact with the local dealer only regarding the product and to know more about the product. So, it is better for the foreign subsidiaries to go for joint ventures than going for own subsidiaries. The local vendors or the partners are the perfect middlemen for the foreign subsidiaries because the local vendors are the bridge between the customer and the subsidiary companies. The local dealers or the partners are the people who understands the mindset of both the customer and also of the foreign subsidiaries. They can deal both the parts because they know what both the parties want. So, for the foreign subsidiaries it will be the best for going into the joint ventures in place of going with their own subsidies. The local partners in the joint venture will help the subsidiary company to understand their target market and their target customers and can expand in that host country with less problems whereas if the company goes for owning their own subsidiary in the host country then they will have to face many problems and language problem will be the main problem and without understanding that they will fail to understand the wants and desires of their customers and by that they fail to leave up to their customers expectation and if they are unable to reach their customers expectation then they will never able to reach their own expectation as a company. So, it will be better for the subsidiary company to go for joint ventures with the local dealers or local partners of the host country (Lpez-Duarte, Vidal-Surez, 2012). In a nutshell it can be said that from all the major factors that are needed to expand a business in a totally new country the language is the important factor which they need to survive there. Without knowing the language no person can survive in a new country how billionaire be that person or that company be. Language is the most important thing to adjust or to stay to survive in a new country. When a billionaire company wants to expand their business in a new country or wants to launch their new product in a country they have to know the language of that country. For a company their main target is their customers and by targeting their customers they wants to earn the profit for their company. If the company is not able to understand the language of their customers then how will they attract their customers towards their product and they will not able to make their customers understand that by their product what message they want to deliver to their customers. Language is the medi um through which both the parties will be able to keep their thought in front of each other and will be make each other understand their personal thoughts. Without knowing the language the subsidiary company cannot make their base strong in the foreign country where they wants to expand their company. When a foreign company wants to expand their business few of them goes with their own subsidy company and few of them goes for joint ventures with the local partners of that country. The companies who goes for joint venture they do the right thing because their partners knows the market very well and they will suggest them in planning out their strategy that how they should implement them and as they are the local partner they knows the language also and it will the easy for the subsidy company to expand their business or launch their product because the local partner knows each and every thing about the market of the host country. As they knows the language so the subsidiary company will have less problem in understanding their targeted customers mindset. But if the subsidiary company wants to expand and own an individual subsidiary company without going for any joint venture then they will face a lot of problem and understanding the language is the major problem. Without understand ing the language the subsidiary company will be unable to understand the mindset of their customers and if they are unable to understand their customers then how will they place their products in front of them and with that they will also unable to make their profit in the market of that host country. So, at last it can be said that for expanding a company in a new country the parent company should train their employees the language of that country where they wants to expand so that they face less difficulties and have a great profit and future in that country. References Brannen, M. Y., Piekkari, R., Tietze, S. (2014). The multifaceted role of language in international business: Unpacking the forms, functions and features of a critical challenge to MNC theory and performance.Journal of International Business Studies,45(5), 495-507. Brouthers, K. D. (2013). A retrospective on: Institutional, cultural and transaction cost influences on entry mode choice and performance.Journal of International Business Studies,44(1), 14-22. Davis, P. S., Desai, A. B., Francis, J. D. (2011). Mode of international entry: An isomorphism perspective.Journal of International Business Studies, 239-258. Harzing, A. W., Pudelko, M. (2013). Language competencies, policies and practices in multinational corporations: A comprehensive review and comparison of Anglophone, Asian, Continental European and Nordic MNCs.Journal of World Business,48(1), 87-97. Harzing, A. W., Kster, K., Magner, U. (2011). Babel in business: The language barrier and its solutions in the HQ-subsidiary relationship.Journal of World Business,46(3), 279-287. Hinds, P. J., Neeley, T. B., Cramton, C. D. (2013). Language as a lightning rod: Power contests, emotion regulation, and subgroup dynamics in global teams.Journal of International Business Studies,45(5), 536-561. Jeanine, K. A., Leanna, L., Martin, B., Peter, J. R. (2014). Cultural impact of human resource practices on job satisfaction.Cross Cultural Management. Konara, P., Wei, Y. (2013). The role of language in bilateral foreign direct investment: a forgotten factor?. Lpez-Duarte, C., Vidal-Surez, M. M. (2012). External uncertainty and entry mode choice: Cultural distance, political risk and language diversity.International Business Review,19(6), 575-588. Nordman, E. R., Tolstoy, D. (2014). Does relationship psychic distance matter for the learning processes of internationalizing SMEs?.International Business Review,23(1), 30-37. Powell, K. S., Rhee, M. (2013). Experience in different institutional environments and foreign subsidiary ownership structure.Journal of Management, 0149206313506465. Vidal-Surez, M., Lpez-Duarte, C. (2013). Language distance and international acquisitions A transaction cost approach.International Journal of Cross Cultural Management,13(1), 47-63.

Marriage Laws Italy and Great Britain

Question: Demonstrate a high level understanding of knowledge in terms of marriage in private international law. Undertake a critically analysis of various aspects of marriage with foreign legal elements. Critically analyse the relevant case law and academic comments. Provide original responses from a comparative perspective. Evaluate and suggest possible alternatives to the current rules. Answer: Facts The facts of the case are summarized as follows: Romeo, aged 30 (thirty) is a Cardiff resident, which is located in South Wales, which is on the western side of Great Britain. Romeo has learning disability and Cardiff City Council has been taking care of him since he was 5 years old. Romeo was married in 2015, the same being arranged by his parents to Juliet, who was a resident from State of Verona. The marriage took place via a telephonic call from Romeo in Cardiff to Juliet in Verona According to the Veronian law, the said marriage between Romeo and Juliet is valid,. However, the same is not valid under the English law the Welsh law. Romeos parent state that the marriage is valid and Romeo should visit Verona to consummate the said marriage Thus, Cardiff City Council has requested legal opinion on the said matter/ case. Issues The issues, which have been indentified from the given facts, may be summarized as follows: Whether the said marriage between Romeo and Juliet is legal under Veronian Law Whether the said marriage between Romeo and Juliet legal under English Law? Are Romeos parents legally permitted to take Romeo to Verona to consummate the said marriage between Romeo and Juliet? Relevant legal principles and Case laws The relevant Acts of different legislations that will govern the above-mentioned case are as follows: The state of Verona is a part of Italy. Thus, the Italian law will apply at Verona. The Italian marriage law is as follows: Different Articles in the Civil Code of Italy govern the Italian marriage. According to this Code, Italy governs and regulates three types of marriages. They are as follows: Civil Marriages Civil marriages are marriages, which are conducted by a civil registrar when a couple comes to the same and shows their intention to marry each other along with two witnesses. Concordat marriage Concordat marriages are one which is regulated and conducted by the Catholic rituals Marriage by minister of non-Catholic faith This marriage is described under Article 83 of the Civil Code in Italy. According to Article 116 of the Civil Code, non-residents and residents are allowed to marry. This Article makes marriages valid if some conditions are fulfilled. The limitation of the Civil Code along with their respective Articles is as follows: No person of mental disability can contract a valid marriage. This is covered under Article 85 No person already marriage without taking a prior divorce can get into a valid marriage. This is covered under Article 86 There cannot be any legally valid marriage between direct line siblings and person connected by affinity. This is covered under Article 87 No legal marriage can be conducted when one spouse has murdered or attempted to murder the spouse of person he/ she intending to marry. This is covered under Article 88 In Italy, Article 23 provides that marriage is valid, if it is according to one of the following: The law of place where marriage is conducted The law of country of at least one spouses nationality at the time of marriage The law of state where the couple will resident together as a married couple. Italy strictly is against marriages that are against public policy like child marriage, etc. Such marriages are not allowed to be registered. Italy has a law that restricts a widowed or a divorced women to remarry again for 300 days from her husbands death or divorce. This is apparently to avoid conflicts of paternity issues in case the woman is pregnant. This forms a legal requirement for marriage in case of widowed or divorced women. In addition, if one is remarrying, their previous marriage certificate is needed to be submitted to the registrar. In case of widowed people, one needs to submit previous marriage certificate along with the death certificate of the deceased spouse. The people intending to marry have to submit an application at the consulate under whose jurisdiction the people intending to marry reside. This is the first step after having all the required documents in place. Once the same is submitted and process to get Nulla Osta can be initiated. The most important document to marry in Italy is the Nulla Osta which is No Impediment certificate issued by the Embassy of the country of the person intending to marry in Italy. This Nulla Osta is written in Italian and is valid for just six months. This certificate is to show that there is no obstruction or hindrance in doing the job its assigned for. Thus, in the said case, it shows there is no obstruction in marriage of the parties obtaining it. The next requirement is of two witnesses who are above 18 (eighteen) years of age. The wedding ceremony in Italy is conducted in Italian so if one is a foreign national, he will need an interpreter atleast two days prior to the ceremony. In addition, there is a verbal declaration at the place where the marriage is conducted two days prior to marriage stating that the said couple will be getting married and the documents are checked accordingly and it is confirmed that there is no impediment to the marriage according to Italian law. The date for the same will be mentioned at the time you book the venue and the couple needs to be present for the same for document verification personally. After all this requirements are fulfilled, a valid Italian wedding is solemnized. However, this is valid only if both the people marrying are of the same nationality that is Italian. The formalities and the requirement, somewhat, change when a Italian is marrying someone of foreign nationality. There is a step-to-step guide to all requirements needed to solemnize a marriage in Italy Application to be submitted at Consulate The first step to be taken if one wants to marry in Italy is to submit an application at the Italian Consulate. The same needs to be signed by both the parties intending to marry along with the list of all the documents that prove their identity. A photograph also needs to be attached with this application. This application can be submitted personally or via email, fax or post. There are certain cases in which the consulate can reject the application. For example, the people applying do not reside under the jurisdiction of the consulate they have applied to. However, if the consulate accepts the application, the parties application can request the consulate to post or publish their banns Publishing Banns Publishing banns is a legal necessity in Italy before one can marry. These banns are published by the local civil registrar. The life span of such banns is 6 (six) months after which one will need to re apply for all the paper formalities un case the applicants is still not married. The basic rule is that one can marry from the 4th days until the ending of the 180th day from the date the Bann is published by the local civil registrar. In case the applicant cannot personally go to ask for their banns to be published , a third party can do the same for them, but a written application will be required for the same. This need not have photograph attached to it. Application to marry in the Consulate This step is the list that shows how the banns need to be posted as applying to marry is the initial step after which the banns are posed according to the residence of the applicant. If the applicants are both Italians, loving abroad, the banns needs to be posted at the Consulate where both of the applicant reside. Incase they residence at different consulate, the banns needs to be publish at both of the Consulates. If the Italian national or a foreign national is living in Italy and the other is settles abroad, the banns needs to be published at the venue of the marriage. If both the applicant s are Italian, then banns need to be posted at the consulate where the applicants reside. In case its under two different consulate, the banns needs to be applied at both the Consulates Marriage in Italy Once the banns are published, the consulate will authorize the concern person to perform the marriage. Publishing banns only means being sure, that no one is against the applicants to marry and no one is wanting to bann is the marriage. Documents that one needs to apply for banns to be published are as follows: All Identity documentation In case, applicant cannot go in person, a written application delegation to do the same to a third person. It is necessary for an Italian marrying abroad, to send at the local consulate, the original marriage certificate issues by the respective foreign registrar. The same must be notarized and then kept in records with the Italian Registrar office as a record. To consider the present case, it is important to implement the Italian law on how it regulates if the marriage is between an Italian and a British national. If one is not an Italian but wants to marry in Italy, Nulla Osta which is a No Impediment Certificate needs to be submitted. The same needs to be translated in Italian and then notarized. It is also important to submitted an application stating that the person marrying in Italy is legally capable of marriage. A step-to-step guide on all requirements needed for marriage of an Italian and a British in Italy From 1st March, 2013, the requirements for a British to marry in Italy have changed. They are as follows: No-Impediment Certificate. A no-Impediment Certificate needs to be issued by the local registrar in the United Kingdom. The same needs to be given by the local registrar authority. The same then needs to be submitted in Italy at the Consulates office. It is very necessary that the name on the certificated issued in United Kingdom should totally match with the applicants name on his/ her passport. In case it does not, high chance Italian consulate may reject the marriage application form. Declaration before Solicitor After applying for the No-Impediment certificate, it is necessary to make an declaration before a solicitor. This declaration is needed by the Italian consulate to give information that the No-Impediment Certificate does not provide. The solicitor will charge a fee to make such a declaration on. Documents to be legalized for Italian Consulate When you have a No-Impediment Certificate in place along with a declaration from solicitor, both these documents need to be send to the FCO (Foreign and Commonwealth Office). The FCO legalizes the documents and charges some fee for the same, which needs to be paid. The same can be paid from their official site. For more information, the Foreign and Commonwealth website can be visited. Translating Certificate The No-Impediment certificate needs to be in Italian always as per the Italian marriage law. Thus, after the No-Impediment certificate and solicitors certificate is legalized, the No-Impediment certificated needs to be translated.. For a marriage to take place in Italy, the same needs to become an Italian document and the same needs to be eligible to be produce in Italian Courts. The translator will charge some fee to do the same. The solicitors declaration need not be translated into Italian. Thus an U.K nations needs No-Impediment certificate, translated in Italian and issues in United Kingdom, Solicitors Declaration and a Passport to be finally submitted at the venue of the marriage, two days before the marriage date and the applicant be personally resent for documents verification. It is to be noted that the validity of the no-Impediment certificate is not more that 6 (six) months. It is also necessary to note that a woman under Italian law who is either a divorcee or a widow cannot marry for 300 days from the date of the divorce or from the date of her husbands demise. Thus, this needs to be kept in mind before applying for No-Impediment certificate incase a British is marrying a divorcee or a Widowed Italian woman. Marriage in Britain: In England and Wales, marriage is recognized legally in civil laws and the religious unions. A marriage can be solemnized between a couple of opposite-sex or same-sex. Marriage laws in England and Wales evolved historically from the other jurisdictions of marriage laws of the United Kingdom. In England, religious marriage and civil marriage is different, where an authorized religious authority conducts the first and the later conducted by the state register. Who can get married? For marriage, one has to give formal notice of their wish for getting married at the office of local register. This rule came into force from 13th March, 2014. A civil ceremony can organize for same sex couple, which is, legalize in the England and Wales from 29th March, 2014. The marriage of same sex couples may be possible in the religious ritual in case the particular religious organization approved with such couples marriage. However, marriage of same sex couple cannot be solemnized in a Church of England or Wales. From 16th December, 2014, Scotland allowed the same sex marriage. Any formal notice of marriage is not necessary to be given by the same sex couple in Scotland. 14 days clear notice is must for the marriage of the couple and it must be given. Whereas, in Northern Ireland, same sex marriage is not valid. However, the couple of same sex who are married in the England, are treated as the civil partners in Northern Ireland. In England and Wales, Same sex couple who got married under any foreign law, are recognized as married. All the couples can be married if they are both 16 years or more, single, divorced or widowed, or if the couple being in the civil partnership, then that should be dissolved. Who cannot get married When one person wish to get married in the age of 16 or 17 years, they cannot get married without the parental consent. In certain circumstances, people other than the parents may offer consent as of the parents. In Northern Ireland, any party under 18 have no right to marry without the permission of some people. Relatives who can not marry Marriage is not permitted in between some relatives. If those relatives marry to each other, the marriage will become void automatically even if they are not aware of the fact that they related to each other in such a way. A person in England and Wales are not allowed to marry the following relatives: a child of one, which included an adopted child one of the parent, including the adoptive parent sister or brother, including any half-sister or half-brother sister or brother of parents, including the half-sister or half-brother grandchild a grandparent a child of sister's or brother's, which included the half-sister's or half-brother's. The genetic grandparents and parents are not permitted to get married with the adopted children. If they perform marriage, the marriage will be null and void automatically. This rule is applicable even if the person does not know about their relations. The adopted children are not permitted to marry with adoptive parents, but they are permitted to marry the other members of the adoptive family, which included their adoptive sister or brother. In certain circumstances, people in the in-laws or step relations, may be able to marry. Getting engaged Engagement is generally for the cultural motives and has a limited status. Engagements can be used, as an evidence of their intention to get married in the immigration law. Engagement is not used as the agreement of marriage and cannot be legally enforced. If the engagement broke, a woman is able to keep the ring of engagement unless, she gave it at the time of break up. At the time of engagement, the man should specifically mention that the ring might be returned if engagement be broken. The other properties, which belong to couple, must be distributed between both of them in equal proportion as the property might be divided in case of divorce. Pre-nuptial and post-nuptial agreements First is a contract, which is entered between the parties before their marriage, which states the wish of the couple to divide their property and money in case they get divorce. The later agreement is same as before, but signed after the marriage. These two agreements are legally binding till the Court consider it unfair. Where can a marriage take place If the religious organization permitted wedding of same sex, and the premises is registered for the same-sex marriage, then only same sex couples marry following the religious rituals. Same sex couples are not permitted to marry in the Church of England or Wales. A marriage may be solemnized in: Register Office local authority approved premises such as hotel a Church of England, Church of Ireland, Church in Wales, Roman Catholic or Presbyterian Church in N. Ireland (opposite sex couples only) any private place like synagogue if the partners are Jewish a Meeting House in case the partners either members of the Society of Friends (Quakers) or associated with any of the Society by attending the meetings any religious building which is registered (England and Wales only) any home or place where one of the partners may be housebound or detained, e.g., in the prison a hospital as one of the partners is seriously ill and is not expected to recover a licensed air force, naval or military chapel. Civil marriage ceremonies Giving notice Persons who want to get married must give notice of marriage in the local Register Office, in spite of the fact that one wishes to marry in that particular district. In Northern Ireland, the register or the Superintendent Register then issue the authority for marriage. After that, one may get married in any of the Register Office or any local authority permitted premises in any of the district. 28 days of notice should be given to Office of Register before solemnization of the marriage. The partners, before giving the notice of marriage, must be the resident in England or Wales at-least for seven days. In notice, one must mention where the marriage will take place. They have to pay the fee for giving notice. Procedure for civil marriage Some definite information needed to submit when one gives the notice for marriage as the objective to marry. Any false information given by one person in this regard is criminal offence. The information which is required as follows: evidence of the address and name evidence for date of birth in case one of the partner was married previously or was in the civil partnership with other person, the documentary evidence that shows the marriage or the civil partnership has broken, e.g., a decree absolute or a death certificate. Photocopies of such documents which are uncertified are not accepted. The court which has decided the divorce of one partner should give the certified copy of the decree absolute which can be taken about a week the evidence of the nationality. Multiple documents may be shown as the evidence of the information which is required. Such as a passport or birth certificate or a travel document is sufficient as evidence. People from foreign or overseas can be asked to produce their passports before the Register. However, to show a passport is not a legal requirement before marriage and despite, one can be produced the birth certificate with the certified translation of the certificate if necessary, any affidavit or any other individual identity document. Person is subjected to immigration control if he is not: a British citizen or an EEA national or person who don't have the conditions attached for his stay in the UK, because he is, may be a diplomat, or he is member of visiting armed forces. Religious marriage ceremonies (England and Wales only) The Church of Wales and England allowed the marriage be register at the time of its performing in the religious way and by religious ceremony. A notice of the marriage is not necessary to be given to any Register Office if the parties are non-EEA national. If they are EEA national, they require to give a 28 days notice to a Register Office. In any other religious marriages, one needs to furnish the notice of marriage before 28 days to a Register Office. The other religions ministers and priests may be authorized to register the marriages and they should have a license or certificate to perform the marriage from any Superintendent Registrar. For the Jewish and Quaker marriages, the authorization of marriage is automatic. Capacity to get married Consent is an important issue for the capacity to join in a marriage. In KC v City of Westminster Social and Community Services Department (2008) EWCA 198, it was found that a man of 26 years old, who had mental capability of a 3 year old, was unfit to enter into a marriage, which was conducted via the telephone by the man in England with the a woman, the other party in Bangladesh. The court held that the court is duty bound to protect that man. In spite of the mental capacity of the man, the marriage has already solemnized and this marriage is valid under both the Bangladeshi law and the Sharia law. By this marriage, the wife of the man, who is a native of Bangladesh can obtain a UK visa. In case a marriage becomes voidable, means that the marriage will become void from the very time of the decree of nullity is issued by the court. The annulment of the marriage may be asked by the two parties involved in a voidable marriage. Otherwise the voidable marriage will continue as a legal entity. Generally, an application for annulment of the marriage must be made in the court within three years of the marriage. Reasons for which a marriage may be declared as voidable include: Non-consummation due to the incapacity of either partner; Wilful non-consummation by the respondent; One or both parties not consenting to the marriage, for reasons of duress, mistake, or an unsound mind; The mental disorder of the respondent, making them unfit for marriage; The respondent is suffering from any communicable venereal disease when the marriage solemnized; The pregnancy of the Respondent was by someoneelse other than the marriage partner. Application In the present case, Romeo was from Cardiff, which is located in United Kingdom and Juliet was from the state of Verona, which is located in Italy. Thus, this makes it clear that both the parties are from different cities, being governed under different set of rules and regulations. The procedure to solemnize a marriage is therefore different in both these cities making the validity of marriage also differ in both the states. The procedure for marriages in both places differs majorly. In Italy, the Consulate is responsible for marriage registration and in Britain its the Local Registrar. Unlike in Italy, no banns need to be published in Britain. It simply requires a 28 days prior notice of the intent to marry by the parties. After which, all the legal documents are checked and the marriage is then registered if all documents are correctly verified. In Italy however, after banns are published, it is the parties duty to again apply to the Consulate who will make a declaration in which the parties to the marriage need to personally be present, the consulate then after verification of documents asks the person who performs the marriage ceremony to formally do the same for the applicant couple. The marriage between Romeo and Juliet was that of a British and a Italian, thus, the laws governing marriage between a British and Italian are also given above. The process of the same is very simple with just 4 step of attaining a No-impediment certificate, then solicitors declaration and then the process of getting all documents legalized by the FCO (Foreign and Commonwealth Organization) and lastly translating the No-Impediment certificate into Italian. This clearly states that in the present case, of Romeo and Juliet none of these procedures were followed. Just a telephone call cannot solemnize a marriage. As none of the above procedures were followed, the marriage between Romeo and Juliet was not valid. After discussing, the procedure to marry, coming to the point in the present case, which stated that, Romeo married Juliet via a telephonic call also is very debatably when it comes to considering the validity of marriage laws. Most countries in the world do not support marriage via telephonic call. However, in Italy, the Italian court in a case decided on February 2007 ruled in favor of telephonic call being held valid in Italy. Mushtaq, was a Pakistani citizen who worked in Italy with a valid work permit. The Italian Embassy refused him the permit to get him his wife to Italy not recognizing the marriage. Mushtaq was in Italy when the said marriage was solemnized with his wife who was in Pakistan. Considering this the Italian Court Ruled that the validated of the marriage can be judged on the basis of the law in which the marriage is conducted. Thus, the marriage being legal in Pakistan, where it was conducted makes the telephonic marriage legal in Italy too. This case law makes it clear that if the marriage is legal in the country in which the marriage is celebrated or conducted, the Italian law will consider it valid too. However, in the present case of Romeo and Juliet, the marriage via telephonic call gets valid in Italy only when it is valid in United Kingdom. Is telephone marriage valid in United Kingdom? The law in the United Kingdom does not permit marriages if they are conducted: if one of the parties to marriage is represented by a proxy, appointed in place of the person getting married if the procedure to marry is via phone, video calling or Skype However, United Kingdom follows the same law that the Italian Courts decided. In United Kingdom too, if the marriage is valid according to the law of the place in which it is conducted, it is recognized as valid for all purposes in United Kingdom. Many legislations in the world recognize marriage as valid if its conducted via phone or Skype. If the land in which the marriage is conducted recognizes it to be legal, then United Kingdom respects the law of the land of the place and the people who come from it. Usually, across the world, telephonic phone calls are not considered to be valid across the world because it lacks the basic requirement of witnesses. Witness is a requirement which majority of the marriage law across the world need. On a telephonic call, this requirement is not fulfilled. One more reason can be that anyone can deceive his or her voice to marry someone pretending to be someone else. Thus, one party to marriage may think he/ she is marrying a particular person whereas in reality it is someone else with just the particular persons voice. This is a major shortcoming of a telephonic marriage. Thus, in the resent case it is clear that Romeo and Juliets marriage via telephone stands invalid and unrecognized under both British and Italian law. Both laws do not give recognize to such marriages, unless they are recognized in the place where its conducted. As Romeos marriage with Juliet was conducted in Cardiff via telephone call to Juliet in Verona, both Cardiff and Verona are the place where the marriage is conducted, and in both these places, the law does not recognize telephone marriage. Thus, Romeo and Juliets marriage via telephone call is surely invalid and unrecognized. Coming to the point, in the present case, which states that Romeo lacked mental capacity to get into a wedlock. It is now necessary to consider mental capacity as a necessity to a valid marriage in both Italian and British law. In the Italian Civil Code, Article 85, states that a person suffering from mental disability cannot get married. It further states that in case the process of mental disability has started after the parties have been engaged, the Public Prosecutor can ask to postpone the said marriage until he can make a decision whether to allow or disallow such marriage. In the Italian Civil Code, Article 119, states that marriage of a person with mental disability can be consented by a parent, guardian or a public prosecutor. Consent can be given even if the mental disability did not exist previously but clearly existed at the time of marriage. Thus, in the present case, Romeo had learning disability since the age of 5, which clearly makes him not eligible to marry according to Article 85 of the Italian Civil Code. Also under Article 119, Romeos parents consenting to the marriage does not serve as a justification as Juliet was unaware of the fact that Romeo is a slow learner. This makes Romeos marriage to Juliet invalid even in Italy. In United Kingdom, marriage where a person is mentally ill is considered voidable. Under section 12 of the Matrimonial Clauses Act, 1973, in United Kingdom, a marriage is considered voidable if at the time of marriage, one party even though capable of consenting to the marriage, is suffering from a mental disability, making the party unfit to the said marriage. The definition of mental disability here should be according to the definition of the same mentioned in The Mental Health Act, 1959. The definition of Mental disability in the Mental Health Act, 1959 states mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind. Voidable marriages are marriages, which can be cancelled at the request of any one party getting into it. Such marriages are valid, but if one of the parties to the marriage wants to cancel the same, the marriage stands cancelled and void. The party needs to file in the concern Court to cancel the marriage and if the Courts accepts the application, the marriage is cancelled. Thus, in the given case, Romeo was a slow learner since the age of 5. This clearly states that he was mentally ill and was also supported by Cardiff City Council. This according to the law of United Kingdom, in The Matrimonial Clauses Act, 1973 under section 12, the marriage between Romeo and Juliet was voidable at the option for Juliet to cancel the marriage with an application to the Court stating that Romeo is not mentally eligible to marry. This makes it clear that in the present case, the marriage between Romeo and Juliet is not valid even in United Kingdom as it can be cancelled with merely an application from Juliet to consider the marriage void. This also makes it clear that Romeos parents are not legally permitted to take Romeo o the state of Verona for the marriage between Romeo and Juliet to consummate the same. Conclusion In the present case, Romeo was from Cardiff, which is located in United Kingdom. The facts clearly suggest that he had learning disability and was supported by Cardiff City Council since the age of 5.Thus Romeos marriage to Juliet stands voidable because he was not mentally fit to decision on marrying someone. In United Kingdom, even The Mental Capacity Act, 2005 states that a person who is mentally unfit cannot be considered fit to make decisions on important events in life like marriage, civil partnership, etc. In the present case, Juliet is eligible to file an application in the concerned Court stating that Romeo was not mentally fit at the time of their marriage, and the Court will grant her application, making the said marriage void. Even under the Italian law, marrying a person with mental disability is not permitted under Article 85 of the Italian Civil Code. This is the reason the marriage between, Romeo and Juliet is not valid and not recognized according to the land of laws of both the places from where Romeo and Juliet belong. It is also necessary to consider here, that Romeos parents who consented for his marriage also does not stand as a valid justification to validate the marriage between Romeo and Juliet. The facts of the case are uncertain on the point of Juliets knowledge about Romeos mental illness; this is another reason where the consent of Romeos parents becomes invalid as any justification to validate the said marriage between Romeo and Juliet. Coming to the procedure, in which Romeo and Juliet married, which was by a telephonic call from Romeo to Juliet. A marriage via telephonic call is not recognized in most of the countries across the world. The reason being lack of witnesses, even thought there are witnesses hearing the people on the telephonic call taking marriage vows, there is no proper procedure for the witnesses to sign and seal that they witnesses the two parties on the phone marrying one another. Another reason being that, one can easily deceive someones voice and marry the other person on the phone pretending to be someone who she/he is not. Even in the present case, Romeo and Juliet married each other by a telephonic call from Romeo to Juliet, in both the legislations that govern the parties to marriage in this case; a marriage via telephonic call is not recognized. In Italy, a marriage is considered valid via telephone call if the same is valid in the country where the said marriage was conducted or celebrated. In the present case Romeo called from Cardiff which is in United Kingdom, the marriage not being valid via phone in United Kingdom stands unrecognized even in Italy. Thus in the present case, considering all the arguments made above, it is clear that Romeo and Juliet are not legally married and thus, Romeos parents are not lawfully permitted to take Romeo to the state of Verona where Juliet resides to consummate the said marriage. Romeos parents, if take Romeo to Verona to consummate the marriage between him and Juliet will be committing a serious offence. Reference List Anderson, O., 1975. 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